- DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 2010

[Senate Hearing 111-]
[From the U.S. Government Publishing Office]

DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
APPROPRIATIONS FOR FISCAL YEAR 2010

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U.S. Senate,
Subcommittee of the Committee on Appropriations,
Washington, DC.

NONDEPARTMENTAL WITNESSES

[Clerk's note.--The subcommittee was unable to hold
hearings on nondepartmental witnesses. The statements and
letters of those submitting written testimony are as follows:]
Prepared Statement of the 1854 Treaty Authority
The 1854 Treaty Authority is an inter-tribal natural resource
organization which implements the off-reservation hunting, fishing, and
gathering rights of the Grand Portage and Bois Forte Bands of the Lake
Superior Chippewa in the area ceded to the United States in the Treaty
of 1854. Our program is partially funded by a Public Law 93-638
contract with the Bureau of Indian Affairs. The 1854 Authority
respectfully requests an increase of $270,000 to our existing base
funding in order to meet the increased cost of fulfilling our court-
ordered responsibilities.
For background purposes, the Grand Portage, Bois Forte, and Fond du
Lac Bands are signatories to the Treaty of September 30, 1854, 10 Stat.
1109. In that Treaty the Bands ceded approximately 5,000,000 acres in
northeastern Minnesota, reserving the right to hunt, fish, and gather
in that territory. For most of the 20th century, those off-reservation
rights lay dormant and unrecognized and tribal subsistence activities
were relegated to lands within reservation boundaries.
In 1985 the Bands went to Federal court seeking a declaratory
judgment that the 1854 Treaty did indeed reserve these off-reservation
rights and that the State of Minnesota had no authority to regulate
tribal hunting, fishing, and gathering in the ceded territory. In the
course of that litigation, the Bands and the State entered into
negotiations concerning the exercise of treaty rights in the ceded
territory. The negotiations resulted in an agreement which was approved
by both the Minnesota Legislature and the tribal governments. The
agreement was then entered as a consent decree in the Federal
litigation such that the obligations of the parties are enforceable in
court.
One of the Bands' obligations under the agreement and court order
was to create a means by which the Bands could effectively regulate
Band member activities. After the Fond du Lac Band exercised its right
to opt out with notice, the two remaining Bands formed the 1854 Treaty
Authority. To this day, the 1854 Treaty Authority is the entity
responsible for management of the Bands off-reservation hunting,
fishing, and gathering rights.
The 1854 Treaty Authority employs 10 full-time employees,
consisting of an Administrative Division (3), a Resource Management
Division (4) and an Enforcement Division (3). Two of the Resource
Management positions are grant (temporary) funded. The organization is
overseen by a Board of Directors comprised of the elected Tribal
Councils of the Grand Portage and Bois Forte Bands. The 1854 Treaty
Authority also has a judicial services division which retains a judge
to hear matters arising under the tribal code.
The 1854 Treaty Authority is a shining example of cooperation as we
gather and share biological information with State, Federal, local, and
other tribal governmental units. The 1854 Treaty Authority is
authorized through a Joint Powers Agreement with the State of Minnesota
to enforce State natural resource laws over non-tribal users and State
Officers are authorized to enforce tribal law applicable to tribal
users. The 1854 Treaty Authority has also conducted many natural
resource improvement and research projects with the previously
mentioned government entities, as well as organizations from the
private sector.
However, the 1854 Treaty Authority has struggled to maintain its
full-time staff as we have not had an increase in base funding for our
programs of any significance in many years, and in fact the base
funding has decreased the last seven funding cycles. Simultaneously,
cost of living expenses have been increasing at a regular rate, and
some expenses have been increasing at an alarming rate (e.g., health
insurance, vehicle insurance, fuel, etc.). Staff pay costs (wages plus
benefits) combined with a decrease in base funding has compelled the
Treaty Authority to absorb all the cost increases internally at the
expense of other programs and services. However, in 2007 we were unable
to do so and two vacated positions (one biologist and one enforcement)
remain unfilled due to lack of funding. Of particular concern is the
fact that our current enforcement staffing level (three officers) is
woefully inadequate to cover the 5 million acres of ceded territory.
The funding would go toward filling the two current vacancies and
adding an additional officer.
I understand that this is not a unique situation as budgets are
tight everywhere, but at the same time the Federal Government has a
trust responsibility to protect and preserve treaty rights. Those
rights will be jeopardized if the 1854 Treaty Authority cannot fulfill
its obligations as an effective manager of treaty resources. We
strongly believe that we can continue to be an integral and positive
component of natural resource management in northeastern Minnesota. As
history shows in the short 20 years of our existence we have been able
to establish the Bands rightful place among all stakeholders and
provide services that stretch beyond tribal benefit. In short, the work
we do benefits all users and citizens of this region.
Without an increase in base funding, the Treaty Authority will be
forced to make further changes that will result in diminishment of
services to the Band members and lose the Bands' ability to participate
meaningfully in natural resource management and conservation in
northeastern Minnesota.
Finally, I would like to close with a sincere thank you for the
years of funding which have enabled the tribes success in this area and
respectfully reiterate the request of an additional $270,000 in base
funding to continue our work in the natural resource realm which is a
positive for everyone.
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Prepared Statement of the American Association of Petroleum Geologists
To the chair and members of the subcommittee: Thank you for this
opportunity to provide testimony on behalf of the American Association
of Petroleum Geologists (AAPG) about the importance of the geological
programs conducted by the U.S. Geological Survey (USGS).
AAPG is the world's largest scientific and professional geological
association. The purpose of the association is to advance the science
of geology, foster scientific research, and promote technology. AAPG
has more than 34,000 members around the world, with roughly two-thirds
living and working in the United States. These are the professional
geoscientists in industry, government, and academia who practice,
regulate, and teach the science and process of finding and producing
energy resources from the Earth.
AAPG strives to increase public awareness of the crucial role that
the geosciences, and particularly petroleum geology, play in our
society. The USGS is crucial to meeting these societal needs, and
several of its programs deserve special attention by the subcommittee.

GEOLOGIC RESOURCE ASSESSMENTS

Energy Resources Program
The USGS Energy Resources Program (ERP) conducts both basic and
applied geoscience research focused on geologic energy resources (both
domestic and international), including oil, natural gas, coal, coalbed
methane, gas hydrates, geothermal, oil shale, bitumen, and heavy oil.
ERP also conducts research on the environmental, economic, and human
health impacts of the production and use of these resources. This
research provides both the public and private sectors with vital
information.
An urgent problem that the ERP is currently working on is the
preservation of geological and geophysical data. The Energy Policy Act
of 2005 (EPACT 2005, Public Law 109-58) includes section 351
Preservation of Geological and Geophysical Data. This program is
designed to preserve geological, geophysical data, and engineering
data, maps, well logs, and samples. It further envisages creating a
national catalog of this archival material, and providing technical and
financial assistance related to the archival material. As the act
stipulated, the USGS has developed a plan to conduct this program, and
is ready to go. It awaits sufficient appropriated funds to achieve the
goals and objectives set forth in EPACT 2005.
Why is preservation important? Responsible management and efficient
development of natural resources requires access to the best available
scientific information. Over many years industry, such as petroleum and
mining companies, has invested billions of dollars to acquire
geological and geophysical data. Because of changing company focus and
economic conditions this data may no longer have value to the company
that acquired it, and is in jeopardy of being discarded.
But this data still has value to society. The data is valuable for
further natural resources exploration and development, and can be
applied to basic and applied earth systems research, environmental
remediation, and natural-hazard mitigation. It is the type of data that
will enable future generations of scientists and policy makers to
address the Nation's energy, environmental, and natural-hazard
challenges of the 21st century.
The EPACT 2005 section 351 program was authorized at $30 million
annually from fiscal year 2006 through fiscal year 2010. Historical
allocations for this program have ranged from $750,000 to $1,000,000
per year. These funding levels are inadequate to achieve this program's
objectives.
AAPG supports President Obama's fiscal year 2010 request to fund
the Energy Resources Program activities at $29.7 million, and asks the
subcommittee to additionally appropriate $30 million authorized by
EPACT 2005 for the preservation of geological and geophysical data,
bringing the total Energy Resource Program budget to $59.7 million.

MINERAL RESOURCES PROGRAM

The USGS Mineral Resources Program (MRP) is the only Federal source
for comprehensive information and analysis of mineral commodities and
mineral materials. The United States is the world's largest consumer of
mineral commodities, and processed materials of mineral origin
accounted for more than $575 billion of the U.S. economy in 2007.
It is therefore essential to this Nation's economic and national
security that the Federal Government understands both the domestic and
international supply and demand for minerals and mineral materials.
This data is used throughout Government (Departments of Commerce, the
Interior, Defense, and State; the Central Intelligence Agency; the
Federal Reserve) and the private sector. There is no other source for
this data and information.
AAPG supports President Obama's fiscal year 2010 request for the
Mineral Resources Program at $53.1 million, and urges the subcommittee
to appropriate at that level.

GEOLOGIC LANDSCAPE AND COASTAL ASSESSMENTS

National Cooperative Geologic Mapping Program (NCGMP)
AAPG supports the NCGMP. This unique partnership between the
Federal and State governments and the university community further
demonstrates of the importance of geoscience to society. The geologic
maps produced by this program are used for natural resource management,
natural hazard mitigation, water resource management, environmental
conservation and remediation, and land-use planning.
NCGMP deserves special commendation for its EDMAP initiative. This
university partnership enables students, working in a close mentoring
relationship with faculty, to produce maps while learning essential
mapping skills. As such, the program delivers an immediate return on
the Federal investment in terms of beneficial maps, as well as a future
return in the form of a trained and competent next generation
workforce.
AAPG supports President Obama's request of $28.1 million in funding
for the NCGMP in fiscal year 2010, and to consider future increases to
this program.
Thank you for the opportunity to present this testimony to the
subcommittee. And thank you for your leadership and support for the
geosciences. As you deliberate appropriate funding levels for these
USGS programs, please consider the important public policy implications
these choices entail.
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Letter from the Alliance for Community Trees; American Forest
Foundation; City of Chicago Department of Streets and Sanitation,
Bureau of Forestry; City of Milwaukee Department of Public Works,
Forestry Division; Davey Institute; International Maple Syrup
Institute; National Association of State Foresters; Natural
Biodiversity; The Nature Conservancy; New York State Department of
Environmental Conservation; North American Maple Syrup Council, Inc.;
Partnership for Saving Threatened Forests; The Pennsylvania Game
Commission; Purdue University, Department of Entomology; Society of
Municipal Arborists; The State University of New York College of
Environmental Science and Forestry; Union of Concerned Scientists; and
the University of Georgia, Center for Invasive Species & Ecosystem
Health
April 7, 2009.
Hon. Dianne Feinstein,
Chairperson, Subcommittee on Interior, Environment, and Related
Agencies,
Washington, DC.
Hon. George Voinovich,
Ranking Member, Subcommittee on Interior, Environment, and Related
Agencies,
Washington, DC.

RE: Fiscal year 2010 appropriation for the USDA Forest Service
Dear Chairperson Feinstein and Ranking Member Voinovich: We urge
the subcommittee on Interior, Environment, and Related Agencies to
appropriate adequate funding for the USDA Forest Service to manage
nonnative insects and plant diseases that threaten America's forests.
We recommend an fiscal year 2010 appropriation of $140 million for the
USDA Forest Service forest health management program. This level is
about $17 million more than the current level of funding. In addition,
we ask that you provide an increase of $3 million more than the fiscal
year 2008 appropriations level for the ``Invasives R&D'' line item
within the Forest Service research program.
Our proposed funding levels would maintain at approximately current
levels research aimed at improving detection and control methods for
the emerald ash borer, hemlock woolly adelgid, sudden oak death (also
called the phytophthora leaf and stem blight pathogen), gypsy moth, and
other nonnative forest pests and diseases. Funding at our recommended
level would also allow expanded research on the Sirex woodwasp, which
poses a serious threat to pine resources across the continent.
Our proposed significant increase in funding for the forest health
protection program is intended to allow expanding that program so that
it may address several newly detected pests (such as the ``1000-
canker'' disease killing black walnuts and the goldspotted oak borer in
southern California) while simultaneously increasing efforts targeting
the Asian longhorned beetle and maintaining programs that help contain
the sudden oak death pathogen, emerald ash borer, hemlock woolly
adelgid, Sirex woodwasp, laurel wilt disease, gypsy moth, wiliwili gall
wasp, and ohia rust.
The forest health program provides vital expertise in forest pests'
biology and detection and management methodology that is crucial to the
success of pest eradication and containment programs implemented by the
USDA Animal and Plant Health Inspection Service (APHIS). As these
forest pests are detected in new areas, the importance of the Forest
Service's contribution rises. A particularly significant expansion is
needed for forest health programs targeting the Asian longhorned beetle
as a result of the detection in 2008 of a well-established and large
infestation in Worcester, Massachusetts. This infestation places the
Asian longhorned beetle on the very edge of the highly vulnerable
northern hardwood forests reaching from New England into Minnesota.
These forests support hardwood timber, maple syrup, and autumn foliage
tourism industries as well as important biological and watershed
values. The forest health program must significantly increase its
funding for detection and control methods, which in recent years have
received only $200,000.
The USDA Forest Service has the lead responsibility for detecting
and responding to any outbreaks of sudden oak death in the hardwood
forests of the East. These detection programs must not be halted as
infected plants continue to appear in Eastern States as a result of the
movement of infected nursery plants.
The emerald ash borer has now been detected in nine States. The
Forest Service's forest health protection program provides expertise in
detecting this elusive insect, in developing more effective tools to
curtail its spread, and in advising landowners on how to respond to the
threat. For example, the Forest Service helps to fund a Web site
maintained by the Continental Forest Dialogue
(www.dontmovefirewood.org) in order to educate the public not to
transport possibly infested wood that can spread pests. It is vitally
important that the Forest Service effort targeting this insect not be
reduced.
Finally, the forest health management program needs adequate
funding to expand its early detection project. This program has been
responsible for detecting more than a dozen introduced insects,
including two which threaten the economically important pine forests of
the Southeast: the Sirex woodwasp and Mediterranean pine beetle. The
detection program now covers all States on a 3-year rotation. It now
must develop and deploy methodologies to detect the highly damaging
wood-boring beetles.
The agency bearing the principal responsibility for eradicating
newly introduced forest pests is not the USDA Forest Service, but
rather the USDA APHIS, an agency under the jurisdiction of the
Agriculture Appropriations subcommittee. The USDA Forest Service plays
a critical support role by providing both management expertise and
critical research--in close coordination with APHIS plant protection
and quarantine and through cooperative funding agreements with State
forestry, State departments of agriculture and State Land Grant
Universities.
Nevertheless, the subcommittee cannot achieve its goal of
protecting the Nation's forests' health as long as funding shortfalls
undermine USDA APHIS eradication programs. We encourage the
subcommittee to work with the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Subcommittee
to find ways to increase funding for forest pest line items in the USDA
APHIS emerging plant pest account.
Sincerely,
Alice Ewen Walker, Executive Director, Alliance for
Community Trees; Drue DeBerry, Senior Vice
President--Conservation, American Forest
Foundation; Joseph J. McCarthy, Senior City
Forester, Bureau of Forestry, City of
Chicago Department of Streets and
Sanitation; David B. Sivyer, Forestry
Services Manager, Forestry Division, City
of Milwaukee Department of Public Works;
Anand B. Persad, Ph.D., B.C.E., Regional
Technical Advisor, Davey Institute; Gary
Gaudette, President, International Maple
Syrup Institute.
Jay Farrell, Executive Director, National
Association of State Foresters; Kristin
Sewak, Director, Natural Biodiversity;
Robert L. Bendick, Director, Government
Relations, The Nature Conservancy; Robert
K. Davies, New York State Forester, New
York State Department of Environmental
Conservation; Michael A. Girard, President,
North American Maple Syrup Council, Inc.;
Fred Hain, Director, Partnership for Saving
Threatened Forests.
Carl G. Roe, Executive Director, The Pennsylvania
Game Commission; Steve Yaninek, Professor
and Head, Department of Entomology, Purdue
University; Dan Hartman, President, Society
of Municipal Arborists; Cornelius B.
Murphy, Jr., Ph.D., President, The State
University of New York College of
Environmental Science and Forestry; Phyllis
N. Windle, Director, Invasive Species,
Union of Concerned Scientists; Dr. G. Keith
Douce, Co-Director, Center for Invasive
Species & Ecosystem Health, and Professor
of Entomology, College of Agricultural &
Environmental Sciences, University of
Georgia.
______

Prepared Statement of the Americans for the Arts

Americans for the Arts is pleased to submit written testimony to
the Senate Appropriations Subcommittee on the Interior, Environment,
and Related Agencies supporting fiscal year 2010 funding for the
National Endowment for the Arts (NEA) at a level of $200 million.
In March, my organization hosted Arts Advocacy Day on Capitol Hill,
an annual grassroots gathering cosponsored by 82 national organizations
representing dance, theatre, music literature, visual, and media arts--
the full landscape of American culture. Collectively, these groups
represent tens of thousands of nonprofit and governmental cultural
organizations at the State and local levels across the country. The
united request that I present today is the result of the collaborative
work of these passionate groups. My gratitude goes to all my colleagues
who worked on bringing this important summit together.
Last year Americans for the Arts testimony was devoted to the
argument that the arts are a driver of industry whose jobs and
collateral expenditures are proven economic catalysts that are the
rival of any other segment of our economy. A year later I ask you to
continue to help save those jobs which are still integral parts of the
solution in solving this severe downturn.
Trying economic times; a phrase I use intentionally not only for
dramatic effect, but for the unavoidable truth of knowing that this
testimony is offered to a subcommittee that deals with our country's
purse strings. There will be no unseen elephant in the room about the
severe economic downturn that is gripping our country--we know the
elephant is in the room. The Nation's financial crisis is indeed having
a devastating effect on our families, jobs, and communities and is
appropriately at the forefront of all of our minds. And this
subcommittee has shown leadership in advancing increased Federal
resources for the arts and arts jobs during these most trying of
economic times as we saw recently with the $10 million increase in this
year's fiscal year 2009 omnibus bill and with the $50 million
appropriation in the economic recovery bill.
The arts community is eternally grateful for the congressional
effort to preserve jobs in the cultural sector with the $50 million in
the American Recovery and Reinvestment Act for the NEA. These funds
will throw a much needed lifeline to the thousands of cultural
institutions, artists, and community businesses that rely on a robust
arts sector. It is hard for me to put into the proper context how
grateful the creative community is that our sometimes overlooked
contribution to the Nation's workforce was recognized by the new
administration and Congress.
This sentiment also extends, of course, to the $10 million boost to
the annual NEA appropriation as well. Madam Chairman, your leadership
has set a direct course toward restoring the NEA to the $176 million
level it once had, and I hope that we will soon be looking beyond that
marker in the years to come.
The NEA, more so than many Federal agencies, has the infrastructure
and dexterity to expedite relief to workers immediately, in accordance
with the Obama administration's wishes that that these expenditures are
of a quick and stimulative nature. And these are real jobs--jobs that
cannot be outsourced. Creating the ability to extend production seasons
means the employment of not just performers but of the entire apparatus
that it takes to execute high-quality performances. These jobs are
created in the United States and stay in the United States. I spoke
earlier of the collateral benefits of cultural centers, but they are
not the only beneficiaries of the recovery effort. By keeping those
artists, artisans, production crews, educational programs, and local
businesses working, you are relieving the burden on local governments
as tax revenue keeps coming to the public coffers and eases pressure on
the social safety net. This, of course, is like any other industry. NEA
funding can be directly related to that effort.
At the core of our membership are 4,000 local arts agencies. A
local arts agency (LAA) is a community organization, or an agency of
local government that supports cultural organizations, provides
services to artists and/or arts organizations, and presents arts
programming to the public. One of the most valuable aspects of an LAA
to the community it serves is its ability to take public funds and
responsibly re-grant the funding to grant applicants, often building in
a requirement for those funds to be matched by corporate or private
contributions. The NEA's economic recovery funding strategy recognized
this and provided a grant category specifically for LAA's as a method
of providing $100,000 or $250,000 grants at the local level. These
grants awarded to LAAs will (a) speedily disburse local funding to all
the arts disciplines; (b) help preserve and in some cases restore jobs
for artists and administrators in the cultural workforce; and (c) serve
to increase access to the arts by continuing their high-quality
programs for audiences in towns across the country. I want to encourage
this subcommittee to create a formal re-granting partnership program
for local arts agencies to help the NEA better serve arts organization
of all sizes in communities across the country.
Local arts agencies also have their ear closest to the ground to
provide Federal and State agencies with programmatic trends and a
snapshot of the health of the arts field in every discipline. For
example, in February, the Seattle Mayor's Office of Arts and Cultural
Affairs, the Seattle Foundation, 4Culture, and the Paul G. Allen
Foundation commissioned Helicon Collaborative to provide a quick scan
of the key impacts that the economic recession has had on the cultural
communities in the Pacific Northwest. Measuring the effects on revenue,
programming, personnel, venues, and audiences revealed a multi-layer
dilemma that is in direct consequence to the economic downturn. Decline
in ticket sales to events ranges from 5 percent to 30 percent;
contributed income is down 7 percent to 20 percent; and corporate
donations and sponsorships a whopping 20 percent-50 percent. Arts
organizations in previously immune cultural hub communities like
Seattle have been cancelling or curtailing programming, and delaying
openings of new installations and concert series.\1\
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\1\ The Economic Recession's Impact on Cultural Organizations in
the Puget Sound, February, 2009.
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Here are some recent examples of the downturn's effects on specific
institutions in communities across the country:
--The City of Riverside, California funded the arts and cultural
affairs division at a limited level of $3 million last year.
This year's budget is expected to drop 7 percent.
--Some of the largest Tacoma-area businesses have eliminated or
curtailed performing arts sponsorships for this year, and
possibly longer, including Russell Investments and Boeing.
--Staff reductions and layoffs have taken place at the Phoenix Art
Museum, Phoenix Symphony, and Free Arts of Arizona.
--Theatre West Virginia in Beckley was forced to sell off its assets
due to the loss of a $100,000 State grant. The 38-year-old
company's shows benefit the entire economy of the region--from
hotels to gas stations and restaurants.
--The Tennessee Art Commission and Community Foundation grants saw a
9 percent cut in their grants budget.
--The United Arts Council of Greensboro, North Carolina was forced to
cut 5 percent from the grants it planned to give to 13 local
arts groups. The council was forced to cut its budget by 12
percent for the year.
But we do not believe that Government is the only answer in
addressing the gaps in funding. Arts organizations are tightening their
belts and using their creative talents to try and keep delivering the
same high-quality productions, services and programming our communities
have been used to. But Government is a necessary and vital partnership
that is the catalyst for the large majority of the art community's
support, the private sector, and individual giving.
Earlier this year, the National Governor's Association issued a
report titled, ``Arts & the Economy: Using Arts and Culture to
Stimulate State Economic Development'' which provides excellent
strategies to assist State governments in their efforts to develop new
cultural assets and increase revenue streams. The report states,
``Governors increasingly recognize the importance of the creative
sector to their states' economy and ability to compete in the global
marketplace.''
In March, I had the opportunity to testify before the House
Education and Labor Committee and Chairman George Miller on the impact
of the arts in the economy and workforce. The Committee is charged with
the authorization of the NEA and in my testimony it was incumbent on me
to demonstrate how the vast diversity of support that enables the
cultural sector to flourish is actually sparked by the infusion of
Federal, State, and local government dollars.
As much benefit as the arts provide to their communities, Federal
funding has failed to keep pace to capture these upsides of the arts--
neither in terms of tracking with inflation, nor with as a steady share
of the nonmilitary discretionary spending.

Thirty years ago, the NEA received a modest 12 cents per $100 of
nonmilitary discretionary spending. Today, that is just 3 cents per
$100. If the NEA simply maintained its 1979 percentage of discretionary
funding (0.12 percent), its 2008 budget would have been $613 million.

If the NEA's 1992 budget had merely kept pace with inflation, its
2009 budget would be $265 million instead of $155 million.
Conclusion
The arts must not be taken for granted. They are not only integral
to our lives but also to our economy. Most citizens throughout America
appreciate the arts for their intrinsic values--their beauty, vision,
and inspiration; their ability to open new horizons and sharpen and
challenge our thinking.
But everyone should understand the essential contribution of the
arts to the growth of our economy. The arts are not a frill. Rather,
they provide cultural and economic benefits, and real jobs for real
people. They are at the heart of countless U.S. industries that rely on
talents fueled by design and creative content. Arts-centric jobs are
core to building a new kind of workforce to compete in the 21st century
global economy. The arts are fundamental to putting Americans back to
work.
______

Prepared Statement of the Association of Fish and Wildlife Agencies

On behalf of the national Teaming with Wildlife Steering Committee,
we urge you to support the president's request of $115 million for the
State and Tribal Wildlife Grants program in the fiscal year 2010
Interior, Environment, and Related Agencies Appropriations Act. This
funding level would enhance the ability of State fish and wildlife
agencies and their partners to implement Comprehensive Wildlife
Conservation Strategies (State Wildlife Action Plans) and address the
impacts of climate change on wildlife and their habitats.
Teaming with Wildlife (www.teaming.com) is a coalition of more than
6,000 organizations and businesses who support increased funding for
State-level wildlife programs aimed at keeping wildlife from becoming
endangered. The Teaming with Wildlife coalition includes a diverse
partnership of organizations and businesses that represent hunters and
anglers, birdwatchers, hikers, nature-based businesses, community
organizations like visitors' bureaus, zoological institutions, and
other conservationists who are working together to advance proactive
wildlife conservation.
The State and Tribal Wildlife Grants Program is the only Federal
program dedicated to implementation of State Wildlife Action Plans,
designed to conserve declining species and to keep more common species
common. Congress required State and territorial fish and wildlife
agencies to develop and implement these plans to reverse the decline of
at-risk fish and wildlife. These plans are being used across the
country to prioritize and guide wildlife conservation work. This work
is helping to protect vital ecosystem services and recreational
opportunities that are valued in the hundreds of billion of dollars and
helping to sustain an economic engine that contributes millions of jobs
to the economy.
Addressing climate change is one of the most daunting tasks facing
the conservation community. We support the addition of $40 million in
climate change funding through the State Wildlife Grants program that
will provide States and tribes with the resources they need to plan and
implement conservation actions needed to mitigate the impacts of
climate change and help wildlife adapt. However, State fish and
wildlife agencies are facing significant budget declines during the
economic downturn making it increasingly difficult to secure matching
funds. Therefore, we respectfully ask that the subcommittee consider
reducing the Federal:State match requirement for climate change
activities to 90:10.
The State and Tribal Wildlife Grants program makes efficient and
effective use of scarce Federal resources and puts them on the ground
in a smart and proactive manner before species become imperiled.
Efforts to restore wildlife are often more costly and less successful
after they become severely imperiled. Through conserving wildlife and
therefore providing opportunities for hunting, fishing, and wildlife
viewing, the State and Tribal Wildlife Grants program is helping to
sustain an economic engine that contributes millions of jobs to the
economy. The State and Tribal Wildlife Grants program provides States
with a tool to avoid conservation catastrophes, concurrently saving
wildlife and taxpayer dollars.
Conservation organizations and private foundations are doing their
part to augment Federal funding provided to State and Tribal Wildlife
Grants Program. One such example is the Wildlife Opportunities Action
Fund which has, since 2006, supported more than 35 grants and provided
$3.2 million to a variety of local, regional, and national nonprofit
conservation organizations for projects that strive to implement
priority conservation activities outlined by the State Wildlife Action
Plans.
Following are two examples of projects funded by the State and
Tribal Wildlife Grants program:
Conserving Tri-colored Blackbirds
California is home to 99 percent of the world's population of
tricolored blackbirds, which are listed as a State species of special
concern. Along with the decline of native wetlands in California's
Central Valley, the Tricolored Blackbird population has dropped
severely in the last 60 years. While recent trends appear to indicate
that the species population has stabilized at 250,000-300,000 birds,
these numbers are far below the population in the 1930s. The birds
commonly nest in silage fields, ditches and other areas around dairy
farms in the San Joaquin Valley and in limited areas in southern
California. This presents a serious risk when fields are ready for
harvest and young birds cannot yet fly. An alliance of 16 partners have
come together to conserve habitat and restore tricolored blackbird
populations without listing the species as threatened or endangered.
This diverse partnership includes the California Department of Fish and
Game, Audubon California, California Farm Bureau, California
Cattlemen's Association, Pacific Gas & Electric Company, and University
of California. This voluntary and proactive effort will conserve the
tricolored blackbird and may avoid another costly endangered species
listing.

RECLAIMING AQUATIC HABITAT

Panther Branch, a tributary to Island Creek, Morgan County,
Tennessee had been severely impacted by acid mine drainage (AMD) and
mine refuse from old underground mine workings. The mining activity
occurred in the early 1900s and the workings have been abandoned for
about 100 years. During the mining process thousands of cubic yards of
refuse was produced and disposed of in the channel of Panther Branch.
Acid mine drainage lowered the pH of the water to an uninhabitable
level. The stream was virtually devoid of aquatic life. Using State
Wildlife Grant funds, the Tennessee Wildlife Resources Agency partnered
with the Tennessee Department of Environment and Conservation, to
remove the refuse, restructure the stream channel, build an alkaline
drainage system to reduce water acidity, and construct artificial
wetlands to remove any dissolved metals. Completed in the spring of
2007, Panther Branch is recolonizing with aquatic life.
We are grateful for your past leadership in providing funding for
the State and Tribal Wildlife Grants program. You have helped make this
program and its emphasis on preventive conservation a priority for the
U.S. Fish and Wildlife Service. We look forward to the U.S. Congress
continuing to provide reliable and adequate funding to ensure the
continued success of fish and wildlife conservation in all 50 States,
the District of Columbia, and territories. Thank you for your time.
______

Prepared Statement of the American Institute of Biological Sciences

The American Institute of Biological Sciences (AIBS) encourages
Congress to provide the Environmental Protection Agency's (EPA) Office
of Research and Development (ORD) with at least $700 million for fiscal
year 2010. Within this amount, we encourage you to provide at least
$190 million for human health and ecosystem research. This funding
level would help restore past funding cuts and make an important
investment in our Nation's environmental sciences research enterprise.
AIBS is a nonprofit scientific association dedicated to advancing
biological research and education for the welfare of society. Founded
in 1947 as a part of the National Academy of Sciences, AIBS became an
independent, member-governed organization in the 1950's. AIBS is
sustained by a robust membership of some 5,000 biologists and nearly
200 professional societies and scientific organizations; the combined
individual membership of the latter exceeds 250,000.
As EPA's scientific division, ORD supports valuable extramural and
intramural research that is used to understand, prevent, and mitigate
environmental problems facing the United States. ORD research informs
decisions made by public health and safety managers, resource managers,
businesses, and other stakeholders concerned with climate change, air
and water pollution, land management and restoration, and environmental
contaminants. In short, ORD provides the scientific basis upon which
EPA monitoring and enforcement programs are built.
Unfortunately, a lack of investment in EPA science in recent years
has hindered ORD's ability to fully meet its mission. Funding for
research programs at EPA peaked in fiscal year 2004, when ORD was
funded at $646.5 million. Since then, the budget has declined by more
than $100 million. These budget cuts have come at the expense of the
research needed by EPA to address emerging environmental challenges.
Within ORD, research on human health and ecosystems has also been
negatively affected by a shrinking budget. These programs have
collectively suffered a 15 percent decline in their budgets since
fiscal year 2004. Restoration of funding to at least the fiscal year
2004 levels, as adjusted for inflation, would be an important first
step to meeting our Nation's environmental science research needs.
The Ecosystem Services Research (ESR) program is one of the
important areas within ORD that would benefit from increased funding.
The ESR is responsible for enhancing, protecting, and restoring
ecosystem services, such as clean air and water, rich soil for food and
crop production, pollination, and flood control. Research conducted by
the ESR program provides scientific data, methods, models, and tools
needed by State and local resource managers to account for the cost and
benefits of using and preserving ecosystem services.
Another key program affected by the declining human health and
ecosystem research budget is the Science To Achieve Results (STAR)
Graduate Fellowship. This program supports graduate students pursuing
an advanced degree in environmental science. Since the program's
inception in 1995, EPA has awarded STAR Fellowships to 1,500 promising
scientists who have gone on to pursue careers as scientists and
educators. This fellowship contributes to the role of the United States
as a world leader in scientific discovery and innovation. Despite the
program's success, the STAR Graduate Fellowship has lost approximately
35 percent of its funding in real dollars between fiscal year 2004 and
fiscal year 2008. Even with repeated restorations of funding by
Congress, the number of STAR Fellowships awarded each year has been
drastically reduced, down from 124 fellowships in 2004 to 32
fellowships in 2008. The President's budget request of $10.9 million
for the program will restore funding to the fiscal year 2005 level and
provide 131 new fellowships.
Revitalization of ecosystem research has also been a concern of the
EPA Science Advisory Board. Over the past several years, the EPA
Science Advisory Board has made multiple requests to then-EPA
Administrator Stephen L. Johnson for increased funding for ecological
research. In a letter dated May 2008, Dr. M. Granger Morgan, Chair of
the EPA Science Advisory Board, expressed grave concerns about EPA's
funding declines. He stated his concern about not being able to
adequately address future problems due to current underinvestment of
emerging scientific needs. Dr. Morgan stated that we ``run the risk of
incurring much larger future costs because we do not understand the
subtle intricacies of these risks and hence could blunder into
difficulties . . . from which it may be much more expensive to
recover.'' Clearly, the EPA Science Advisory Board feels that the
current funding levels are jeopardizing the EPA's ability to fulfill
its missions down the road.
We urge Congress to consider the Board's concerns and provide EPA
with at least $700 million for ORD for fiscal year 2010 and at least
$190 million for human health and ecosystem research. Providing these
amounts to ORD will restore them to fiscal year 2004 levels and begin
to provide the resources needed to address a backlog of research needs.
Thank you for your thoughtful consideration of this request and for
your past support of EPA science programs.
p_____

Prepared Statement of the American Indian Higher Education Consortium

REQUEST SUMMARY

On behalf of the Nation's Tribal Colleges and Universities (TCUs),
which compose the American Indian Higher Education Consortium (AIHEC),
thank you for this opportunity to present our fiscal year 2010
appropriations recommendations for the 28 colleges funded under the
Tribally Controlled Colleges and Universities Assistance Act (Tribal
College Act), the two Bureau of Indian Education postsecondary
institutions, and the Institute of American Indian Arts. The U.S.
Department of the Interior, Bureau of Indian Education (BIE),
administers these programs, save for the Institute of American Indian
Arts, which is funded directly by the Interior Department.
In fiscal year 2010, TCUs seek $80.6 million to fund all of the
programs under the Tribally Controlled Colleges and Universities
Assistance Act of 1978 or Tribal College Act. Specifically, we seek $78
million for institutional operations grants; of which, $53.3 million
for title I grants (25 TCUs); $17.7 for title II (Dine College); and $7
million for title V ($4.5 million for United Tribes Technical College
and $2.5 million for Navajo Technical College). This request represents
an increase of $6.9 million for title I grants; $5.4 million for Dine
College; and an increase of $1 million for title V, more than fiscal
year 2009 levels. Additionally, we seek $601,000 for the technical
assistance contract authorized under the act, which is the same level
as annually appropriated since fiscal year 2006, and $2 million to help
the TCUs establish and fund endowments under title III of the act,
which has been severely cut over the past few budget cycles.
AIHEC's membership also includes three other TCUs funded under
separate authorities within Interior appropriations, namely: Haskell
Indian Nations University; Southwestern Indian Polytechnic Institute;
and the Institute of American Indian Arts. AIHEC supports the
independently submitted requests for funding of the institutional
operations budgets of these institutions.
Forward Funding of Institutional Operations Grants.--For the past
several years, basic institutional operations funding has not been
available to the TCUs until well after October 1 of the relevant fiscal
year.
--In fiscal year 2006, despite the early August enactment of the
Interior spending bill, almost 2 months prior to the start of
the fiscal year, funds were not made available to the TCUs
until late November, 2 months into the new fiscal 3 months into
the academic year.
--In fiscal year 2007, due to the protracted appropriations process,
TCUs did not receive basic operating funds until mid-March; 5
months into the fiscal year and 6 months after the academic
year began.
--In fiscal year 2008, TCUs did not gain access to any institutional
operations funds made in order under the first continuing
resolution until mid-December, almost a full month after the
second continuing resolution had been enacted. Once again, the
TCUs were more than 2 months into the new fiscal year, and more
than 3 months into their academic year and unable to access
even a partial payment toward their basic day-to-day operating
budgets.
--As for this year, the fiscal year 2009 omnibus appropriations
legislation was only signed into law on March 11, 2009, more
than 5 months after the start of the fiscal year and more than
6 months into the academic year. Most of the TCUs had to obtain
costly lines of credit, cancel programs, and/or make temporary
staff layoffs in order to keep their doors open for the
remainder of the academic year, which for many will end in the
very near future or have already ended.
The President's budget includes a one-time payment of $50 million
to transition TCU institutional operations grants to a forward funded
program, which would correct this most unfortunate cycle of delayed
payments, expensive short-term loans, and layoffs that perennially
plague TCUs. Additionally, it would, for the first time, give these
institutions the resources they need at the beginning of each academic
year. Forward funding is authorized under the Tribal College Act (25
U.S.C. 1810(b)(2)) and is consistent with the existing funding
practices of other Indian education operating accounts within the
Department of the Interior, BIE.

BACKGROUND AND FUNDING DISPARITIES

Today there are 36 TCUs located in 14 States, which were begun
specifically to serve the higher education needs of American Indians.
Annually, these institutions serve students from more than 250
federally recognized tribes, more than 80 percent of whom are eligible
to receive Federal financial aid.
TCUs are accredited by independent, regional accreditation agencies
and like all institutions of higher education, must undergo stringent
performance reviews on a periodic basis to retain their accreditation
status. In addition to college-level programming, TCUs provide much
needed high school completion (GED), basic remediation, job training,
college preparatory courses, and adult education.
Title I of the Tribal College Act authorizes funding for the basic
institutional operating budget of one qualifying institution per
federally recognized tribe based on a full-time American Indian student
enrollment formula. Despite the much appreciated increases that
Congress has appropriated over the last several years, TCUs remain
chronically underfunded. Distribution of funds under title I of the
Tribal College Act is enrollment driven. In fiscal year 2009, the 25
title I institutions received $5,494 per Indian student toward their
operating budgets. If you factor in inflation, 28 years later the
buying power of this appropriation is $1,115 LESS per Indian student
than it was in the initial fiscal year 1981 appropriation, which was
$2,831 per Indian student. While the other TCUs' operations funding is
not enrollment driven and therefore the disparity is not as easily
illustrated, they too suffer from a lack of adequate basic operating
funds. This is not simply a matter of appropriations falling short of
an authorization; it effectively impedes our institutions from having
the necessary resources to grow their programs in response to the
changing needs of their students and the communities they serve.

JUSTIFICATIONS

TCUs provide critical access to vital postsecondary education
opportunities. TCUs provide access to higher education for American
Indians and others living in some of the Nation's most rural and
economically depressed areas. The 2000 Census reported the annual per
capita income of the U.S. population as $21,587. However, the annual
per capita income of Native Americans was $12,923 or about 40 percent
less. In addition to serving their students, TCUs serve their
communities through a variety of community outreach programs.
TCUs are producing a new generation of highly trained American
Indians as teachers, tribal government leaders, engineers, nurses,
computer programmers, and other much-needed professionals. By teaching
the job skills most in demand on their reservations, TCUs are laying a
solid foundation for tribal economic growth, with benefits for
surrounding communities. In contrast to the high rates of unemployment
on reservations, graduates of TCUs are employed in ``high-need''
occupational areas such as Head Start teachers, elementary and
secondary school teachers, and nurses/healthcare providers. Just as
important, the vast majority of tribal college graduates remain in
their tribal communities, applying their newly acquired skills and
knowledge where they are most needed.
TCUs meet the strict standards of mainstream accreditation boards
offering top quality academic programs and serve as effective bridges
to 4-year institutions of higher learning. A growing number of TCUs
have attained a 10-year accreditation term, the longest term granted to
any higher education institution. While most TCUs are 2-year
institutions offering certificates and associate degrees, their
transfer function is significant. A survey of TCU graduates conducted
by Harder + Company Community Research, San Francisco, California, for
the American Indian College Fund, indicated that more than 80 percent
of respondents who attended a mainstream college prior to enrolling at
a TCU did not finish the degree they were pursuing at the mainstream
college. The rate of completion markedly improved for those who
attended a TCU prior to beginning a degree program at a mainstream
institution. After completing tribal college coursework, less than half
of respondents dropped out of mainstream colleges and nearly 40 percent
went on to earn a bachelor's degree. This illustrates TCUs' impact on
the persistence of American Indian students in pursuit of baccalaureate
degrees. The overwhelming majority of respondents felt that their
tribal college experience had prepared them well for further education
and noted that it had a very positive impact on their personal and
professional achievements.

SOME ADDITIONAL FACTS

Enrollment Gains and New TCUs.--Compounding existing funding
disparities is the fact that although the numbers of TCUs and students
enrolled in them have dramatically increased since 1981, appropriations
have increased at a disproportionately low rate. Since they were first
funded, the number of tribal colleges has quadrupled and continues to
grow; Indian student enrollments have risen by more than 310 percent.
Between fiscal year 2005 and fiscal year 2009, four more TCUs became
eligible to receive funds under title I of the Tribal College Act. TCUs
are in many ways victims of their own successes. The growing number of
tribally chartered colleges and universities and added students have
forced TCUs to slice an already inadequate annual funding pie into even
smaller pieces.
Local Tax and Revenue Bases.--TCUs cannot rely on local tax base
revenue. Although tribes have the sovereign authority to tax, high
reservation poverty rates, the trust status of reservation lands, and
the lack of strong reservation economies hinder the creation of a
reservation tax base. On reservations where TCUs are located, the
unemployment rate can well exceed 60 percent. In comparison, the
current national unemployment rate is 8.1 percent.
Trust Responsibility.--The emergence of TCUs is a direct result of
the special relationship between American Indian tribes and the Federal
Government. TCUs are founded and chartered by their respective American
Indian tribes, which hold a special legal relationship with the Federal
Government, actualized by more than 400 treaties, several Supreme Court
decisions, prior congressional action, and the ceding of more than 1
billion acres of land to the Federal Government. Beyond the trust
responsibility, the fact remains that TCUs are providing a public
service that no other institutions of higher education are willing, or
able, to provide by helping the Federal Government fulfill its
responsibility to the American people, particularly in rural America.
Despite the fact that only enrolled members of a federally recognized
tribe or the biological child of a tribal member may be counted as
Indian students when determining an institution's share of the
operating funds, TCUs have open enrollment policies. Approximately 20
percent of TCU enrollments are non-Indians. These institutions are
simply and effectively providing access to quality higher education
opportunities to reservation community residents.

THE PRESIDENT'S FISCAL YEAR 2010 BUDGET

The President's fiscal year 2010 budget includes $62.5 million for
the institutional operations of 26 TCUs. Over the past few years
several new TCUs have become eligible for funding under title I of the
Tribal College Act. In fiscal year 2009, White Earth Tribal and
Community College in Mahnomen, Minnesota joined the list of eligible
institutions, with Keweenaw Bay Ojibwa Community College in Baraga,
Michigan expected to be eligible in fiscal year 2010. We are hopeful
that Congress will build on the President's fiscal year 2010 budget.
The President's fiscal year 2010 budget also includes $50 million to
transition the TCUs' institutional operating grants to a forward funded
program finally giving these institutions the resources they need at
the beginning of each academic year. Additionally, funding is included
in the budget for institutional operations funding for two tribally
controlled postsecondary career and technical institutions, two BIE-
operated postsecondary institutions, and the Institute of American
Indian Arts.

APPROPRIATIONS REQUEST FOR FISCAL YEAR 2010

TCUs respectfully request the following for the programs authorized
under the Tribal College Act (25 U.S.C. 1801 et seq.): $78 million for
fiscal year 2010 institutional operations grants; of which, $53.3
million for title I grants (25 TCUs); $17.7 for title II (Dine
College); and $7 million for title V ($4.5 million for United Tribes
Technical College and $2.5 million for Navajo Technical College).
Additionally, we seek $601,000 for the technical assistance contract
authorized under the act, which is the same level as annually
appropriated since fiscal year 2006, and increased funding to help the
TCUs establish and fund endowments under title III of the Tribal
College Act, which has been dramatically reduced in the past few
budget/appropriations cycles. We also request a one-time appropriation
of $50 million, which is included in the President's fiscal year 2010
budget and authorized under the act (25 U.S.C. 1810(b)(2)), needed to
transition basic institutional operating grants to a forward-funded
program.

CONCLUSION

TCUs provide quality higher education to many thousands of American
Indians who might otherwise not have access to such opportunities. The
modest Federal investment that has been made in TCUs has paid great
dividends in terms of employment, education, and economic development.
Continuation of this investment makes sound moral and fiscal sense.
We greatly appreciate your past and continued support of the
Nation's TCUs and your serious consideration of our fiscal year 2010
appropriations requests.
______

Prepared Statement of the Appalachian Mountain Club

Dear Madam Chairwoman and honorable members of the subcommittee: On
behalf of our almost 90,000 members, the Appalachian Mountain Club
(AMC) is honored to present this testimony in support of much needed
funding for conservation programs in the fiscal year 2010 Interior,
Environment, and Related Agencies appropriations bill, including:
--$125 million for the USDA Forest Service Forest Legacy Program
(FLP);
--$450 million for the Department of the Interior Land and Water
Conservation Fund (LWCF) (including $325 million for Federal-
side and $125 million for stateside programs);
--$11 million for the Department of the Interior Highlands
Conservation Act;
--$12 million for the National Parks Service (NPS) Rivers, Trails,
and Conservation Assistance Program.
--$75 million for the Community Forest and Open Space Conservation
Program.
The above programs are essential to a healthy, happy, and thriving
populous and provide economic, ecological, and recreational benefits to
Americans across the country. Land conservation and recreational
program support are vital to maintaining the health and well being of
the Nation's lands and our citizens. The demands on these programs
continue to grow despite the fact that funding for most of these
programs have declined in recent years. There is a great need to fund
these programs at the above requests and to work toward their full
funding. The availability of public open space amid the populous
Northeast and Mid-Atlantic regions benefits the well-being of the
regions' citizenry and economy.
The AMC is the Nation's oldest recreation and conservation
organization. Founded in 1876, our mission is to promote the
protection, enjoyment, and wise use of the mountains, rivers and trails
of the Appalachian region. With 12 chapters from Maine to Washington,
DC, AMC is proud of our long tradition of stewardship and engagement in
the outdoors.
Open space conservation in the East is a vital investment that
ensures clean air and water, a sustainable supply of timber products
produced from private and public forests, local food and farm products
for millions of people, and diverse recreational opportunities
including hiking, cross-country skiing, wildlife viewing, photography,
and paddling. Conservation of these resources is needed now more than
ever. According to a report by the U.S. Forest Service (USFS), Forests
on the Edge, more than 44 million acres of private forests in the East
will be developed in the next 30 years.
Priority Fiscal Year 2010 FLP Needs in the Northeast
For fiscal year 2010, we have assembled a list of exemplary FLP
projects in the Northeast and Mid-Atlantic. Some of these projects,
like the Katahdin Forest, Mahoosuc Gateway II, Musconetcong and
Rockaway Rivers Watersheds are in need of funds to be completed. Others
projects, such as the Tulmeadow Farm and Wolf Hill in Connecticut are
new priorities that would protect unique and critical forests in the
Eastern United States.
AMC respectfully requests a substantial increase in overall funding
for the FLP at no less than $125 million in fiscal year 2010. The FLP
has protected more than 1.7 million acres of forestland since 1990. For
fiscal year 2010, the USFS received 84 project proposals from 44 States
and territories to protect 288,530 acres with a total project value of
more than $363 million. The FLP conserves working forests threatened by
conversion to development or other uses, and promotes economic
viability as well as recreational open space and wildlife protection.
Public lands provide innumerable social and economic benefits including
a healthy lifestyle, protection of watersheds and drinking water
supplies, wildfire reduction and prevention, and assistance to wildlife
and fisheries as they adapt to climate change.
For fiscal year 2010, the AMC supports funding requests for the
following FLP projects:

------------------------------------------------------------------------
State Project
------------------------------------------------------------------------
ME........................................ Katahdin Forest
ME........................................ Rangeley High Peaks
NH........................................ Cardigan Highlands
NH........................................ Mahoosuc Gateway II
MA........................................ Monson Forest Lands
MA........................................ Southern Monadnock Plateau
Phase II
MA........................................ Metacoment-Monadnock Forest
NY........................................ Follensby Pond
CT........................................ Tulmeadow Farm
CT........................................ Wolf Hill
NJ........................................ Musconetcong and Rockaway
Rivers Watersheds
------------------------------------------------------------------------

Priority Fiscal Year 2010 LWCF Program Needs in the Northeast
AMC respectfully requests a substantial increase in overall funding
for the LWCF specifically $325 million for the Federal LWCF and $125
million for the LWCF stateside program, in the fiscal year 2010
Interior, Environment, and Related Agencies appropriations bill. We
applaud the LWCF funding increases provided by this subcommittee in
fiscal year 2009. And, we are most thankful that the Obama
administration budget recognizes the importance of this program by
proposing significant increases for fiscal year 2010 and setting a goal
to achieve full funding of the LWCF in the next 5 years.
The LWCF is our Nation's premier program to acquire and protect
lands in national parks, national wildlife refuges, national forests,
Bureau of Land Management units, and other Federal land systems. This
program faces an extensive and growing backlog of land acquisition
needs across the Nation. The LWCF will provide important funds to
obtain inholdings and lands adjacent to Federal lands such as the White
Mountain National Forest, Silvio O. Conte National Wildlife Refuge
(NWR), Wallkill NWR and Monongahela National Forest.
The LWCF stateside program provides close-to-home recreation
through thousands of State and local parks across the country. These
parks provide millions of urban and suburban residents the benefits of
access to natural areas while promoting much needed tourism in local
communities.
In fiscal year 2010, the AMC supports the following LWCF projects
in our region:

------------------------------------------------------------------------
State Federal land unit
------------------------------------------------------------------------
ME........................................ Rachel Carson NWR
ME/NH..................................... White Mountain National
Forest
NH, VT, CT, MA............................ Silvio O. Conte NWR
NH........................................ Lake Umbagog NWR
NH........................................ Mahoosuc Gateway I
CT........................................ Stewart McKinney NWR
NJ........................................ Wallkill NWR
NJ........................................ Great Swamp NWR
MD........................................ Blackwater National Wildlife
Refuge
WV........................................ Monongahela National Forest
------------------------------------------------------------------------

Fiscal Year 2010 Highlands Conservation Act (HCA) Needs
AMC respectfully requests a substantial increase in overall funding
for HCA, including $10 million for land conservation and $1 million for
USFS technical assistance funding. The HCA, passed in 2004, authorizes
land conservation partnership projects and open space purchases from
willing sellers in the four State Highlands region of Pennsylvania, New
Jersey, New York, and Connecticut. The HCA includes authorization of
$10 million in annual grants to the Highlands States and nonprofit
conservancies from the Department of the Interior for land acquisition
and easements. It also includes $1 million annually in technical
assistance from the USFS to work with Highlands States and local
municipalities to implement the conservation strategies outlined in the
three comprehensive USFS studies of the region completed in 1992, 2002,
and 2008.
This program has received only $5.25 million since it was initiated
5 years ago. While we greatly appreciate the subcommittee's efforts to
support this program, and are thrilled that the program had its own
line-item in the fiscal year 2009 omnibus bill, we are in dire need of
additional funds to fulfill the purposes of the HCA and complete
projects that have strong public support. According to a study by the
USFS, open space in New York and New Jersey alone is disappearing at a
rate of 5,000 to 6,000 acres a year. The four State Highlands Region is
the backyard for the more than 25 million people living in or around
the large cities of the Mid-Atlantic States, and provides critical
drinking water, wildlife habitat, and abundant and accessible
recreation opportunities. Current projects in Pennsylvania, New Jersey,
New York, and Connecticut share strong local support, commitments from
State and private sources to provide matching funding, and will protect
important water supplies, forests, farmland, recreational opportunities
and wildlife habitat.
In fiscal year 2010, the AMC supports funding for the following HCA
projects:

Fiscal Year 2010 Community Forest and Open Space Conservation Program
Needs
AMC respectfully requests funding of $75 million for this important
new program. The Community Forest and Open Space Conservation Program
will provide communities matching funds to purchase critical forestland
tracts and provide technical assistance through State forestry agencies
for outstanding forest management. The program provides 50-50 matching
funds to help local governments, tribes, and nonprofit organizations
acquire forest areas that are economically, culturally, and
environmentally important to that locality and threatened by
development. The program differs from the FLP by providing grants
directly to local governments and nonprofits for full fee acquisition,
not conservation easements. The program's criteria are built around
evaluation of a project's community impact and it requires public
access and active community engagement in forest planning for parcels.
Priority Fiscal Year 2010 Recreational Programs Needs
In addition to the important land conservation projects from the
Katahdin Forest in Maine to Texter Mountain in Pennsylvania, the AMC
respectfully urges the subcommittee to ensure the viability of programs
that support outdoor recreation in America. The AMC echoes the
testimony of the American Hiking Society in support of diverse and
strong funding levels for important recreational priorities.
Fiscal Year 2010 Rivers, Trails and Conservation Assistance Needs
AMC respectfully requests a substantial increase in overall funding
for Rivers, Trails Conservation Assistance program and requests $12
million nationwide. Through this NPS program, partners protect 700
miles of rivers, create 1,300 miles of trails and conserve more than
60,500 acres of open space annually, promote alternative
transportation, brownfield redevelopment, youth conservation and
floodplain planning. Funding would counteract the steady erosion of
funding and reduced staffing. This program receives less than 1 percent
of NPS funding, but Federal funds are leveraged many times over with
State, local, and partnership cooperation and in-kind matches.
Thank you for the opportunity to submit this testimony for your
consideration.
______

Prepared Statement of Amigos de la Sevilleta

Dear Madam Chairman and members of the subcommittee: I would like
to thank you for the opportunity to present testimony in support of an
appropriation of $2 million from the Land and Water Conservation Fund
(LWCF) to protect land at the Sevilleta National Wildlife Refuge (NWR)
in New Mexico. This funding will allow the U.S. Fish and Wildlife
Service (FWS) to acquire the 250-acre first phase of the Indian Hill
Ranch property.
Before I begin describing this project, I would like to discuss the
importance of the LWCF to Sevilleta NWR and to national wildlife
refuges around the country. The LWCF is the premier Federal land
protection program and enables refuges to protect vital wildlife
habitat, water resources, and recreational lands and improve public
access and land management by consolidating holdings and acquiring
inholdings.
I respectfully urge a substantial increase in overall funding for
the LWCF, specifically urging the subcommittee to provide $325 million
for the Federal LWCF in the fiscal year 2010 Interior, Environment, and
Relted Agencies appropriations bill. And, we are most thankful that the
Obama administration budget recognizes the importance of these programs
by proposing significant increases for fiscal year 2010 and setting a
goal to achieve full funding of the LWCF in the next 5 years.
Covering an area of approximately 360 square miles and located just
40 miles south of Albuquerque, the largest city in the State, the
Sevilleta NWR serves as a vast, protected landscape in the heart of New
Mexico. The refuge supports four major ecological habitats,
encompassing two mountain ranges and containing approximately 4 miles
of the Rio Grande River. Much of the refuge is managed to enhance
riparian habitat and compensate for marsh loss along the Rio Grande
basin. The refuge provides important habitat for a large variety of
birds, insects, reptiles, and mammals such as beaver, coyote, bobcat,
fox, jackrabbit, and elk. Parts of the refuge are flooded from November
to February in order to provide habitat for migrating shorebirds and
waterfowl including herons, ducks, geese, and sandhill cranes. The
refuge is also managed to combat nonnative species such as the
extremely invasive salt cedar. This nuisance species is being cleared
and replaced with native willow and cottonwood to restore the natural
bosque/riparian habitat native to the area.
Available for acquisition in fiscal year 2010 is the first phase of
the 1,250-acre Indian Hill Farms property, which lies adjacent to 3
miles of the Rio Grande as well as current refuge lands. Indian Hill
Farms comprises more than 600 acres of prime irrigated farmland and a
very significant quantity of senior water rights which will provide the
refuge with excellent opportunities for the creation of wildlife
habitat, including moist soils, wetlands, and restored river bosque.
The Sevilleta NWR is home to the second largest population of the
endangered southwestern willow flycatcher along the Rio Grande River.
If Indian Hill Farms is added to refuge ownership, there are plans to
restore a portion of the property to provide additional prime
flycatcher habitat. Because the farm is the first to take water rights
off the important San Acacia Dam, located just off the edge of the
farm, control of the water rights by the FWS should also provide
additional protection and benefit to the endangered silvery minnow,
found within portions of the Rio Grande that run through the refuge.
Given the water rights associated with the property and its
location along the Rio Grande, acquisition of the Indian Hill Farms
property could provide the refuge system a tremendous opportunity for
habitat manipulation for a number of different wildlife uses, including
endangered species habitat, wintering waterbird habitat, migratory
landbird use, as well as raptor and resident big game habitat. Its
location between two major wintering waterfowl areas, Ladd S. Gordon
Complex to the north and Bosque del Apache NWR to the south, makes this
a key acquisition to enhance waterfowl populations in the Middle Rio
Grande area.
Currently, Sevilleta NWR offers limited public access as much of
its acreage has been designated to ongoing research projects. Sevilleta
NWR is the host to the University of New Mexico's (UNM) Long-Term
Ecological Research program initiated in 1988 and funded through the
National Science Foundation. This program focuses on examining the
responses of different ecological communities to climate change, among
other topics, and UNM has expressed great interest in research projects
that would be associated with the planned conversion of farmland to
wildlife habitat should Indian Hill Farms be acquired by the refuge.
An appropriation of $2 million in fiscal year 2010 will ensure that
the first phase of the Indian Hill Farms property is protected in
perpetuity. The FWS is pursuing the administrative steps necessary to
include the Indian Hill Farms property within refuge boundaries. The
addition of this priority parcel to the Sevilleta NWR will allow for
the creation and restoration of important wildlife habitat types along
the Rio Grande River, increase public access to refuge lands, and
increase unique research opportunities for local scientists.
Thank you again, Madam Chairman, for the opportunity to present
this testimony in support of the acquisition effort at Sevilleta NWR in
New Mexico.
______

Prepared Statement of the Association of Performing Arts Presenters

The Association of Performing Arts Presenters (Arts Presenters)
urges the subcommittee to approve fiscal year 2010 funding for the
National Endowment for the Arts (NEA) at a level of $200 million. With
audiences of 6 million people per week for performances in virtually
every community in the Nation, the American performing arts presenting
industry has combined annual expenditures in excess of $9.8 billion.
The performing arts presenting field supports more than 900,000 jobs,
including the employment of artists and those who help manage and
present them, and supports many more services related to performing
arts events, such as hotel stays, restaurants, transportation, and
parking.
Many of the organizations in the performing arts presenting field
offer educational outreach to school children, programs for the
elderly, and provide artists who reach deeply into their communities to
bridge social gaps and improve the quality of life for those who may be
less advantaged. Founded in 1957, Arts Presenters is the national
service organization for the field of performing arts presenting.
Nearly 2,000 members represent the Nation's leading performing arts
centers, civic and university performance facilities, amphitheaters,
college and university theatres, local arts agencies, festivals, fairs,
park sites, and museums. Arts Presenters also provides services to
touring artists and companies, their managements and agents. Our
membership includes a range of organizations with multi-million dollar
budgets to budgets of $3,000 and individuals who are artists or
independent performing arts professionals; two-thirds of the membership
and wider presenting field are organizations with small budgets under
$1.5 million (the largest segment of which is under $500,000).
We continue to track the value and impact of the performing arts to
communities, including our economic impact, and recent survey
indicators point to an industry concerned with the overall impact the
current economic crisis has on the operating environment for our field
and the increased difficulty of resolving the many challenges
presenting organizations already faced before the deep recession. We
must ensure that every performing arts presenter continues to build
upon and contribute to the economic engine and cultural infrastructure
in those communities in which they serve.
While we are far from achieving a cultural democracy, the idea that
arts and culture be woven into all aspects of life is essential to both
preparing an innovative workforce in the 21st century and bridging the
deep socioeconomic gaps that continue to plague underserved and
underprivileged communities in various pockets of the country. As a
Nation, we are wise to look back on our rich history of integrating the
arts and culture in times of need to help us move forward. Like many of
the cultural projects President Franklin Roosevelt launched to get the
United States out of the Great Depression, and the decades of United
States Information Agency support of arts encounters and exchanges that
provided powerful images of a diverse American citizenry and cultural
landscape, the NEA should have an opportunity to expand its ability to
serve the American public with an increased level of funding to help
projects that capture the spirit, optimism, creativity, and imagination
as well as demonstrate the value the performing arts offer in critical
times to a Nation in crisis.
In the most completed grant year, fiscal year 2008, the NEA's
Grants to Organizations included 90 grants to 85 Arts Presenters
organizations and the communities they serve, supporting arts education
for children, adults, disabled, underserved and underprivileged,
preserving great classical, jazz and choreography works, fostering the
creative endeavors of contemporary classical musicians and composers,
and expanding public access to performances and exhibitions.

2009 NEA FUNDING HIGHLIGHTS

Learning in the Arts for Children and Youth
A grant designed to advance arts education for children and youth
in school-based or community-based settings, this category supports in-
depth, curriculum-based arts education experiences that occur over an
extended period.
(Burlington, Vermont). Flynn Center for the Performing Arts, Ltd.
(Consortium)
To Support Words Come Alive.--Designed and implemented in
partnership with the Burlington School District, summer training,
workshops, and classroom collaborations will be featured activities for
elementary school teachers in theater and dance--$45,000
American Masterpieces: Presenting
A grant designed to celebrate the extraordinary and rich
contribution that presenters make in American communities.
(Hanover, New Hampshire). Dartmouth College (on behalf of Hopkins
Center).
To Support Presentations of Influential Works and Residency
Activities at the Hopkins Center.--Performer Meredith Monk, Pilobolus
Dance Theatre, Vanguard Jazz Orchestra, and choreographer Trisha Brown
will participate in workshops, postperformance discussions, school
visits and matinees, master classes, and public discussions--$60,000
Challenge America
A grant designed to identify and support projects that connect the
arts--and artist--to their broader communities through collaborative
works.
(Billings, Montana). Alberta Bair Theater Corporation.
To support New Music for the Old West, a concert series featuring
diverse musical styles. Proposed guest artists ScrapArtsMusic (rooted
in world music traditions), the string quartet Ethel, jazz vocalist
Rachael Price, Edgar Meyer, and Mike Marshall (masters of modern
acoustic music), and the American Chamber Players will perform and
participate in outreach activities for audiences from Montana and
northern Wyoming--$10,000
Access to Artistic Excellence
A grant designed to encourage and support artistic creativity,
preserve our diverse cultural heritage and make the arts more widely
available in communities throughout the country, especially by
providing access to underserved populations.
(San Francisco, California). Yerba Buena Center for the Arts (aka
YBCA) (Consortium).
To Support the African Consortium.--In partnership with Mapp
International Productions in New York City, the international exchange
initiative is designed to create a new level of artistic collaboration
between artists and arts organizations and develop cultural dialogue
between the United States and African countries through activities such
as panels, seminars, workshops, performances, residencies, interview,
and a Web site--$40,000
(Providence, Rhode Island). FirstWorks.
To Support the Production of FirstWorksProv Festival 2009.--The
program of performing arts premieres will be accompanied by community
and outreach activities, such as forums, workshops, master classes,
school programs, and discounted admissions--$15,000
(Helena, Montana). Helena Presents (aka Myrna Loy Center).
To Support a Series of Commissioning, Presenting, and Residency
Projects at the Myrna Loy Center.--Guest artists will create new works
in collaboration with local and regional artists. $35,000
State Partnership Grants
Arkansas Arts Council; Little Rock, Arkansas; $697,800 to support
Partnership Agreement activities
California Arts Council; Sacramento, California; $1,194,800 to
support Partnership Agreement activities
I would like to thank you for this opportunity to reinforce the
positive and meaningful contributions the NEA makes to ensure access to
participation in the performing arts for tens of millions of Americans
throughout the country each year and for thousands of performing arts
presenters to serve the millions of audience members they directly
reach across the country. We believe that arts experiences exemplify
and ignite the ingenuity and creativity needed to prepare a competitive
workforce ready to meet existing and emerging global challenges. We
also believe access to quality arts programs for students of all ages
enrich their academic achievements and advance their overall
development. The Endowment provides an exemplary platform for upholding
the highest standards for artistic endeavors while increasing access to
and participation in the arts for the underserved and underprivileged
communities. Together with the NEA, we are committed to building and
supporting a strong cultural infrastructure nationwide and
opportunities for direct participation in the arts in each and every
community. We urge you to actively support the funding level increase
for fiscal year 2010 by approving $200 million in funding for the NEA.
______

Prepared Statement of the American Public Power Association

The American Public Power Association (APPA) is the national
service organization representing the interests of more than 2,000
municipal and other State and locally owned utilities throughout the
United States (except but Hawaii). Collectively, public power utilities
deliver electricity to 1 of every 7 electric consumers (approximately
45 million people), serving some of the Nation's largest cities.
However, the vast majority of APPA's members serve communities with
populations of 10,000 people or less.
We appreciate the opportunity to submit this statement outlining
our fiscal year 2010 funding priorities within the jurisdiction of the
Interior, Environment, and Related Agencies Subcommittee.

ENVIRONMENTAL PROTECTION AGENCY: ENERGY STAR PROGRAMS

APPA was pleased that the American Recovery and Reinvestment Act of
2009 included $300 million for the Energy Star program. We urge the
subcommittee to allocate the same amount for fiscal year 2010 for
Energy Star program.
Energy Star is a voluntary partnership program pairing the
Environmental Protection Agency (EPA) with businesses and consumers
nationwide to enhance investment in underutilized technologies and
practices that increase energy efficiency while at the same time
reducing emissions of criteria pollutants and greenhouse gases. In
particular, APPA member systems across the country have been active
participants in a subset of the Energy Star program called ``Green
Lights.'' The Green Lights program encourages the use of energy
efficient lighting to reduce energy costs, increase productivity,
promote customer retention, and protect the environment.
According to the EPA, Energy Star is saving businesses,
organizations, and consumers more than $9 billion a year, and has been
instrumental in the more widespread use technological innovations like
LED traffic lights, efficient fluorescent lighting, power management
systems for office equipment, and low-standby energy use.

ENVIRONMENTAL PROTECTION AGENCY: LANDFILL METHANE OUTREACH PROGRAM

APPA supports robust funding for the Landfill Methane Outreach
Program (LMOP) at EPA under the Environmental Program Management,
Climate Protection Program budget. While we recognize that LMOP is not
a budget line-item, APPA encourages the subcommittee to highlight the
importance of LMOP by including report language directing the EPA to
provide adequate funding for the program. The Landfill Methane Outreach
Program helps to partner utilities, energy organizations, States,
tribes, landfill gas industry, and trade associations to promote the
recovery and use of landfill gas as an energy source. According to the
EPA, LMOP has more than 700 partners that have signed voluntary
agreements to work with EPA to develop cost-effective, landfill-gas-to-
energy (LFG) projects. There are approximately 445 operational LFG
energy projects in the United States with approximately 110 projects
currently under construction or exploring development options and
opportunities. LMOP has also developed detailed profiles for more than
1,300 candidate landfills.
Landfill gas is created when organic waste in a landfill
decomposes. This gas consists of about 50 percent methane and about 50
percent carbon dioxide. Landfill gas can be captured, converted, and
used as an energy source rather than being released into the atmosphere
as a potent greenhouse gas. Converting landfill gas to energy offsets
the need for nonrenewable resources such as coal and oil, and thereby
helps to diversify utilities' fuel portfolios and to reduce emissions
of air pollutants from conventional fuel sources.
In 2005, all operational LFG energy projects in the United States
prevented the release of 19 million metric tons of carbon equivalent.
This reduction is the carbon equivalent of removing the emissions from
13.3 million vehicles on the road or planting 19 million acres of
forest for 1 year. This reduction also has the same environmental
benefit as preventing the use of 162 million barrels of oil or
offsetting the use of 341,000 railcars of coal.
As units of local and State governments, APPA's member utilities
are uniquely positioned to embark on LFG projects. EPA's LMOP
facilitates this process by providing technical support and access to
invaluable partnerships to our members and the communities they serve.

COUNCIL ON ENVIRONMENTAL QUALITY (CEQ)

APPA is disappointed with the enacted level of $2.7 million for
fiscal year 2009 for the White House's CEQ, and urges the subcommittee
to consider allocating at least $3.2 million for this office. Public
power utilities have experienced a general lack of consistency in
Federal Government regulations, particularly involving environmental
issues. While additional layers of government should be avoided, a
central overseer can perform a valuable function in preventing
duplicative, unnecessary and inconsistent regulations. CEQ is
responsible for ensuring that Federal agencies perform their tasks in
an efficient and coordinated manner.

UNITED STATES GEOLOGICAL SURVEY: CARBON SEQUESTRATION STUDIES

APPA urges the subcommittee to include at least the fiscal year
2009 funding level of $3 million to implement the required geological
and biological carbon sequestration studies as required in the Energy
Independence and Security Act of 2007. As the Federal Government moves
to enact legislation to address global climate change, the research the
United States Geological Survey (USGS) is doing on carbon sequestration
will become increasingly important. The USGS has been doing research on
storing CO2 in depleted oil and gas reservoirs, deep coal
seams, and brine formations.
______

Prepared Statement of American Rivers

American Rivers, on behalf of our 65,000 supporters nationwide
urges the subcommittee to provide $5,684,662,000 for the following
programs in the Interior, Environment, and Related Agencies
appropriations bill for fiscal year 2010. I request that this testimony
be included in the official record.

ENVIRONMENTAL PROTECTION AGENCY

The Clean Water State Revolving Fund (SRF) provides capitalization
grants to States, which in turn provide low-cost loans to communities
for a variety of programs to clean up impaired water bodies and protect
pristine waters. This program has been extremely effective in helping
communities to improve water quality and provide safe drinking water.
The annual need for clean water funding is close to $20 billion.
Historically, the Federal Government has provided between 10 and 20
percent of those funds or what should be $2 to $4 billion. The SRF
programs have also been used to fund nonstructural projects that reduce
nonpoint source pollution, protect estuaries, prevent contamination of
drinking source waters, and reduce polluted runoff by protecting
natural areas and other ``green infrastructure,'' such as stream
buffers. These approaches are often more cost-effective then
traditional pipe and cement options and provide a wide array of
environmental and social benefits, including open space, wildlife
habitat, recreation, and improved water supply. American Rivers urges
the subcommittee to appropriate $2.4 billion for the Clean Water SRF
and $2 billion for the Drinking Water SRF in fiscal year 2010.
Additionally, within the funds appropriated for the Clean Water SRF at
least 20 percent should be dedicated to low-impact development or
nonstructural green infrastructure to deal with stormwater run-off and
combined sewer overflows; and within the funds appropriated for the
Drinking Water SRFs at least 20 percent should be dedicated to water
efficiency projects that reduce overall demand for clean drinking
water.
WaterSense is modeled on the highly successful, universally
recognized and sought after EnergyStar program--it works with local
water utilities, product manufacturers, and retailers to encourage the
use of water-efficient products and practices among individuals and
developers. Water efficiency is a much more cost-effective way to help
local markets manage water supplies than developing new sources. Water
supply infrastructure is a major local and Federal cost across the
United States, and water efficiency can lessen the stress on both water
treatment and wastewater treatment systems and extend their useful
life. Environmental Protection Agency (EPA) estimates that if all U.S.
households installed water-efficient appliances, the country would save
more than 3 trillion gallons of water and more than $18 billion per
year, and reduce Americans' water and sewer bills by one-third.
American Rivers urges the subcommittee to appropriate $7.5 million for
the WaterSense program in fiscal year 2010.
The establishment of Total Maximum Daily Loads (TMDLs) allows
States and the EPA to identify all sources of water quality impairment
to rivers, streams and lakes that do not meet water quality standards,
develop specific goals for improvement, and design plans to reduce
pollutant loads into receiving water bodies. The development of strong
TMDLs by the States done through funding under section 106 of the CWA
requires a commitment of adequate resources. American Rivers urges the
subcommittee to appropriate $250 million for State Program Management
Grants in fiscal year 2010.
Nonpoint Source Management Program (Clean Water Act, section 319)
grant money that States, territories, and Indian tribes can use for a
wide variety of nonpoint source pollution reduction activities
including technical and financial assistance, education, training,
technology transfer, demonstration projects, and monitoring. American
Rivers urges the subcommittee to appropriate $250 million for section
319, the Non-point Source Management Program in fiscal year 2010.
The Targeted Watersheds Grants program provides direct grants to a
limited number of watershed groups, tribes, and communities working to
improve water quality. Portions of these funds are designated for
technical assistance programs and to train community groups engaged in
watershed-level protection and restoration projects. This training is
essential to protect and restore the Nation's rivers and watersheds.
American Rivers urges the subcommittee to appropriate $35 million,
including $3.5 million dedicated to technical assistance for Targeted
Watersheds Grants in fiscal year 2010.

WILD AND SCENIC RIVERS

The National Wild and Scenic Rivers System protects free-flowing
rivers with outstandingly remarkable scenic, recreational, geologic,
fish and wildlife, historic, cultural, or other similar values. The
Bureau of Land Management (BLM), Fish and Wildlife Service (FWS),
National Park Service (NPS), and Forest Service (USFS) share
responsibility for conducting studies to determine if rivers qualify
for designation, and administering and developing river management
plans for designated rivers. Unfortunately, none of these agencies
receive sufficient funding to adequately protect the Wild and Scenic
Rivers System, as Congress intended. Streams are becoming degraded and
restoration is needed in many locations. Increased funding will allow
these agencies to better manage and protect designated rivers and
promote their values to the public. American Rivers urges the
subcommittee to appropriate a total of $38.862 million for the
management of the Wild and Scenic River System fiscal year 2010. These
funds should be split as follows: USFS--$9 million for wild and scenic
river management, $6 million for the completion of river studies and
the creation of river management plans; BLM's National Landscape
Conservation System--$7 million for WSR management and $5 million for
completion of WSR studies; FWS--$1,787,000 for wild and scenic river
management, restoration and studies; NPS Rivers and Trails Studies--$1
million for wild and scenic rivers studies and $16 million for wild and
scenic river management; NPS Partnership Wild and Scenic Rivers--$2.746
million for management of the wild and scenic rivers.

KLAMATH RIVER RESTORATION

PacifiCorp operates five mainstem dams--two in Oregon and three in
California--on the Klamath River. These dams cut off more than 300
miles of once-productive salmon spawning and rearing habitat in the
Upper Klamath. The dams also create toxic conditions in the reservoirs
that threaten the health of fish and people. Salmon populations have
plummeted to less than 10 percent of historic numbers, and the
commercial salmon fishing industry was virtually shutdown along 700
miles of coastline in California and Oregon in 2006. The fishery
closure caused more than $100 million damage to California and Oregon
economies, and harmed numerous fishing communities. Native American
tribes throughout the Klamath basin have treaty rights to fish salmon,
but lower basin tribes have had to drastically reduce their catch to
protect the salmon runs, and upper basin tribes have not seen salmon in
their waters for nearly 100 years. The Agreement in Principle released
November 13, 2008 is intended to guide the development of a final
settlement agreement in June 2009 and includes provisions to remove
PacifiCorp's four mainstem dams in 2020. The Restoration of the Klamath
River will represent the biggest dam removal and river restoration
effort the world has ever seen. PacifiCorp will be responsible for much
of the costs, but the Department of the Interior will be required to
provide on the ground support and technical assistance. American Rivers
urges the Committee to appropriate the Klamath River Restoration $7.5
million in fiscal year 2010 through the Department of the Interior.

FWS

The National Fish Passage Program has opened more than 3,750 miles
of river and restored 69,000 acres of wetlands for fish spawning and
rearing habitat. Restoring fish migration enhances entire watersheds
and benefits birds and mammals, such as eagles, ospreys, herons,
kingfishers, brown bears, otters, and mink. Since its inception in
1999, working with local, State, tribal, and Federal partners, the Fish
Passage Program has leveraged Federal dollars nearly 3 to 1. The Fish
Passage Program is also one-half (with NOAA) of the $12 million Open
Rivers Initiative which will provide grants to communities and local
dam owners to remove their dams that no longer make sense. Many others
are either dilapidated, having outlived their 50-year life expectancy,
or are no longer providing the benefits for which they were built.
These dams are unnecessarily degrading the riverine ecosystem and
holding up economic development. These restoration projects provide
significant environmental improvements and offer noteworthy economic
and societal benefits. They create new opportunities for recreational
fishing, river rafting, and kayaking; provide cost savings by
eliminating the need for dam repairs; and remove safety and liability
risks associated with outdated structures. American Rivers urges the
subcommittee to appropriate the National Fish Passage Program $11
million in fiscal year 2010, of which $6 million should be dedicated to
the implementation of the Open Rivers Initiative.
The Partners for Fish and Wildlife Program provides financial and
technical assistance to landowners to restore degraded habitat on their
property. The program completed thousands of projects across the
country, restoring more than 150,000 acres of wetlands and more than
300 miles of riverine habitat. American Rivers urges the subcommittee
to appropriate $52 million for the Partners for Fish and Wildlife
program in fiscal year 2010.
The Coastal Program is an effective partnership that brings
together FWS scientists, land trusts, biologists, and other
conservation partners to protect and restore habitat in coastal regions
and coastal rivers. These partnerships allow the Coastal Program's
dollars to be matched at least 2 to 1 for on-the-ground work. The
Coastal Program completed hundreds of projects in across the country,
restored more than tens of thousands of acres of wetlands and miles of
riverine habitat. American Rivers urges the subcommittee to fund the
FWS's Coastal Program at $15 million in fiscal year 2010.

NPS

The Rivers, Trails and Conservation Assistance Program (RTCA) has
helped produce some of the best examples of conservation based local-
Federal partnerships by providing communities with assistance to help
revitalize riverfronts, protect open space, and build trails and
greenways. If funded at $12 million, RTCA could expand to assist
approximately 200 additional projects in new and currently underserved
locations. American Rivers urges the subcommittee to fund the RTCA
program at $12 million in fiscal year 2010.
Elwha River Restoration.--Removal of Glines Canyon and Elwha dams
will restore salmon access to the Elwha river's wilderness heart in the
Olympic National Park for the first time in 100 years. This dam removal
will produce a landmark in river restoration for our national parks and
an unprecedented opportunity to study a large dam removal and its
impact on the river and wild salmon populations. American Rivers urges
the subcommittee to provide $40 million to complete the restoration of
the Elwha River ecosystem and its fisheries in fiscal year 2010.

U.S. GEOLOGICAL SURVEY

These water resource investigation programs provide a strong and
unbiased source of information on water quality conditions and trends
on the health of our Nation's rivers and water supply. American Rivers
urges the subcommittee to provide the following amounts in fiscal year
2010:
--National Water Quality Assessment Program: $70 million
--Toxic Substances Hydrology Program: $17.4 million
--National Streamflow Information Program: $28.4 million

LAND AND WATER CONSERVATION FUND

LWCF provides much-needed dollars for purchasing ecologically
important watersheds. LWCF has proven highly successful, projects have
helped States and localities purchase millions of acres of land and
advanced river restoration through acquisition of riverside lands to
serve as buffer zones. The highest-priority projects for river
conservation are the FWS's $2.5 million need for the acquisition of the
500-acre Bower Hill parcel to add to the Rappahannock River NWR in
Virginia; NPS's $3.1 million need to complete the 95 acres acquisition
of the Hyde Farm parcel to add to the Chattahoochee River NRA in
Georgia, $2.69 million need for the acquisition of the 1,840 acres of
the Riverstone tract to be part of the Congaree NP in South Carolina,
$1 million for the acquisition of 534 acres to be added to the New
River Gorge National River in West Virginia; BLM's $1.2 million need
for the acquisition of 101 acres along the Crooked River Canyon to add
to Oregon's Wild & Scenic Rivers; and USFS's $1.5 million need for the
acquisition of the 901 acres Cedar Creek parcel to add to
Chattahoochee/Oconee Riparian Project in Georgia, $1.2 million to
acquire the 84 acres of Bear Mountain adding to the Charrahoochee NF in
Georgia, $8 million to acquire 5,025 acres of the Little Truckee &
Middle Yuba Headwaters to add to the Sierra Checkerboard, Tahoe NF in
California, $4 million to purchase 735 acres of Reeb Mining Claims to
protect three headwater tributaries of the Yellowstone and Stillwater
Rivers adding to the Custer and Gallatin NF in Montana, $3 million to
purchase 7,800 acres of the Bear Creek Ranch adding to the Gila
National Forest in New Mexico, $4.5 million to purchase 5,000 acres
along the John Day River adding to the Malheur National Forest in
Oregon, $5 million to purchase 2,700 acres along the Blackwater River
adding to the Monongahela National Forest in West Virginia, and $2.2
million need for the acquisition of the 160 acres Morgan Ranch parcel
to add to Idaho Wild & Scenic Rivers in Idaho. American Rivers urges
the subcommittee to appropriate at least $450 million for the LWCF in
fiscal year 2010.
______

Prepared Statement of the American Society of Agronomy

Dear Chairwoman Feinstein, Ranking Member Alexander, and members of
the subcommittee: On behalf of the American Society of Agronomy, Crop
Science Society of America, Soil Science Society of America (ASA-CSSA-
SSSA), I am pleased to submit comments in strong support of enhanced
public investment in the U.S. Forest Service (USFS), U.S. Geological
Survey (USGS), and U.S. Environmental Protection Agency (EPA) as
critical components of Federal appropriations for fiscal year 2010 and
beyond. With more than 25,000 members and practicing professionals,
ASA-CSSA-SSSA are the largest life science professional societies in
the United States dedicated to the agronomic, crop and soil sciences.
ASA-CSSA-SSSA play a major role in promoting progress in these sciences
through the publication of quality journals and books, convening
meetings and workshops, developing educational, training, and public
information programs, providing scientific advice to inform public
policy, and promoting ethical conduct among practitioners of agronomy
and crop and soil sciences.

SUMMARY

ASA-CSSA-SSSA understand the budgetary challenges the Senate
Appropriations Interior, Environment, and Related Agencies Subcommittee
faces in fiscal year 2010. We also recognize that the Interior,
Environment, and Related Agencies appropriations bill has many valuable
and necessary components, and we applaud the efforts of the
subcommittee to fund the USFS, USGS, and EPA.
USFS sustains the health, diversity, and productivity of the
Nation's forests and grasslands to meet the needs of present and future
generations. Soils are a vital component of forest management, and
their understanding is essential to achieve USFS's strategic goals, yet
vital programs that are essential for improved soil quality have been
consistently under-funded. The Societies are concerned with past
transfers of funding for USFS away from base programs to support
wildland fire suppression. ASA-CSSA-SSSA appreciate the more than 3
percent increase provided by the subcommittee to USFS core (without
wildland fire management funds) programs which brought fiscal year 2009
funding to $2,614,164,000. For fiscal year 2010, we recommend
$2,875,580,400, a 10 percent increase more than fiscal year 2009, thus
putting USFS back on track toward properly managing the 749 million
acres of forests in the United States for the services they provide:
clean water and air; recreational opportunities; hunting; fishing;
forest products; and scenic values.
USGS provides reliable scientific information to describe and
understand the Earth; minimize loss of life and property from natural
disasters; and protect the Nation's natural resources. ASA-CSSA-SSSA
applaud the subcommittee's support for an additional $200 million in
the American Recovery and Reinvestment Act of 2009 to repair and
modernize USGS science facilities and equipment and support other
areas. For fiscal year 2010, we recommend $1.3 billion for USGS, a 24.5
percent increase more than the fiscal year 2009 level of $1.043
billion. Only a concerted, long-term effort to boost USGS funding will
produce the knowledge and tools needed to appropriately manage and meet
the many challenges facing the Nation's water, biological, energy, and
mineral resources, while enhancing and protecting our quality of life.
In order to fulfill its mission, the EPA needs increased
investments in socioeconomic, sustainability, ecological, and
exploratory research as well as partnerships with academia and State
and local government. These areas are essential to move environmental
protection from a command-and-control regulatory system to a more
rational, compliance-based approach. For EPA Science and Technology for
fiscal year 2010, ASA-CSSA-SSSA recommend a funding level of
$845,354,570, a 7 percent increase more than fiscal year 2009 and for
Environment Programs and Management, $2,559,524,000, also a 7 percent
increase.

USFS

Forest and Rangeland Research
The Forest Service Research (FSR) soils program examines key
environmental issues: nutrient cycling, impact of acid rain on soil
function, management impacts on soil productivity, plant nutrition,
soil moisture, plant growth relationships, soil microbial functions,
and soil quality concepts. Past investments in soils research have
yielded great benefits to the Nation, e.g., Research soil scientists
described the environment-plant-soil carbon relations in the very
carbon-rich black spruce forests needed to assist forest managers in
understanding how to manage the soil carbon pool after fire
disturbance, which is predicted to increase in a warming climate. ASA-
CSSA-SSSA applaud the more than 3 percent increase provided by the
subcommittee for Forest and Rangeland Research in fiscal year 2009, and
for fiscal year 2010 we recommend increasing Forest and Rangeland
Research funding by 7 percent ($20,746,600) bringing total funding to
$317,126,600. Within Forest and Rangeland Research, we urge the
subcommittee to fund Resource Management and Use at the highest level
possible. If funding increases do not occur, USFS will be unable to
replace recently retired research soil scientists, and there will also
be a loss of capability to maintain measurements on the national Long
Term Site Productivity study that guides USFS sustainability
requirements.

NATIONAL FOREST SYSTEM (NFS)

Fresh water is a critical resource that is becoming scarce in many
regions. It is essential that we continue to manage our forests to
promote healthy watersheds, through effective monitoring. ASA-CSSA-SSSA
support a funding level of $179,310,000, a 7 percent increase, for
inventory and monitoring program in fiscal year 2010. We also recommend
$193,067,590, a 7 percent increase, in funding for vegetation and
watershed management. Soil is the natural filter, often overlooked,
vital for healthy watersheds. Past investments in NFS have yielded
enormous benefits to society--Soil scientists annually provide critical
soil resource information to Burned Area Emergency Response teams
evaluating the environmental effects and developing rapid management
responses for hundreds of wildfires. Strong funding for NFS will allow
USFS to start a resource inventory of the remaining 59.7 million acres
of National Forest land currently scheduled; adequately continue
monitoring the effects of land management activities on forest and
range sustainability as required by the National Forest Management Act
of 1976; and maintain a viable scientific knowledge base when retiring
soil scientists are not replaced.

USGS

Geographic Research, Investigations, and Remote Sensing
Land use and change are major issues of concern for the Nation.
Satellite imagery is used by a variety of stakeholders: Government
agencies such as the USGS, EPA, National Science Foundation (NSF), and
United States Department of Agriculture (USDA); Universities-land
grants and private; and private sector environmental managers and
planners. Precision agriculture utilizes remote sensing, in combination
with GIS and GPS, to develop farm-specific management maps reducing
over-application of nutrients and loss in sensitive areas. ASA-CSSA-
SSSA are concerned with the 6.96 percent ($5,407,000) cut made to
geographic research, investigations, and remote sensing in fiscal year
2009. We urge the subcommittee to fund the geographic analysis and
monitoring program at $11,339,860, a 7 percent increase more than
fiscal year 2009. This funding level will help ensure access to a
common set of current, accurate, and consistent data and scientific
information that describe the Earth's land surface to help inform
decisions by policymakers, resource managers, researchers, citizens,
and the private sector.

WATER RESOURCES INVESTIGATIONS

Water is a limiting resource for many regions of the United States;
certain regions have been in a sustained drought for several years.
ASA-CSSA-SSSA recommend $161,962,960 in funding, a 7 percent, for
hydrologic, monitoring, assessments and research (HMAR) for fiscal year
2010. Within HMAR, critical programs--ground water resources, toxic
substances hydrology, and hydrologic research and development--deserve
special funding consideration. ASA-CSSA-SSSA appreciate the
subcommittee's support for National Water Quality Assessment (NAWQA)
program which raised total funding to $65,056,000 for fiscal year 2009.
For fiscal year 2010, we recommend an additional $4,553,920 (7 percent
increase) for NAWQA which will bring total funding to $69,609,920. This
strong funding level will significantly increase the ground water
monitoring capacity in USGS and allow for annual monitoring at the 113
active sites, demonstrating the Government's commitment to providing
clean available water under increasing demands. Aquifers are the
leading source of fresh water across the country and it is essential we
monitor and maintain this ecosystem service. Nutrient loading of the
Mississippi River has been linked to the hypoxia zone in the Gulf of
Mexico. January 2008, NSF released a press release (08-010) that
concluded agriculture is changing the chemistry of the Mississippi
River due to increased carbon and water loading. As more farm acreage
is converted to biofuels, there is increasing potential for these
systems to load major river systems. ASA-CSSA-SSSA request a funding
level of $8.8 million, a 35 percent ($2,300,000) increase more than
fiscal year 2009, for the Water Resources Research Institutes which
assist Federal and State agencies in promoting and facilitating the
research and technology transfer they need to carry out their missions
to protect human health, environmental resources, and economic
sustainability.

BIOLOGICAL RESEARCH

For fiscal year 2010, ASA-CSSA-SSSA recommend funding for
biological research be increased by $12,973,000 (7 percent) which will
provide $198,303,000 in total funding and thus strong support for
biological research and monitoring, biological information management
and delivery, and cooperative research units.

SCIENCE SUPPORT

Climate change is a major focus for many agencies in fiscal year
2010 and ASA-CSSA-SSSA which are interested in the role agriculture can
play to mitigate climate change. ASA-CSSA-SSSA are pleased to see
overwhelming support provided by the subcommittee to global climate
change research which brought funding from $7,383,000 in fiscal year
2008 to $40,628,000 for fiscal year 2009, an increase of $33,245,000
(450 percent). Support for the geographic research program is critical
to provide the United States the ability to effectively reduce domestic
greenhouse gas emissions in agriculture. The geographic research
program contributes to the Carbon Research Program, carried out by
USGS, USDA, and other international partnerships. We recommend
increasing funding levels for terrestrial carbon research to $2,000,000
to develop new tools and understanding of the role that our managed
lands play in carbon sequestration.

EPA

In order to fulfill its mission, EPA needs increased investments in
both its intramural and extramural science programs as well as
associated services such as environmental education and libraries.
Long-term, deep budget cuts in research areas are devastating and
compromising EPA's ability to adequately monitor and safeguard and the
Nation's air, soil, and water resources. ASA-CSSA-SSSA recommend that
EPA increase investments in socioeconomic, sustainability, ecological,
and exploratory research as well as partnerships with academia and
State and local government. These areas are essential to move
environmental protection from a command-and-control regulatory system
to a more rational, compliance-based approach. For EPA science and
technology for fiscal year 2010, ASA-CSSA-SSSA recommend a funding
level of $845,354,570, a 7 percent increase more than fiscal year 2009.
We urge the subcommittee to fund environment programs and management at
$2,559,524,000, a 7 percent increase more thanfiscal year 2009.
Thank you for your thoughtful consideration of our requests.
______

Letter from the Association of State Drinking Water Administrators
January 5, 2009.
Hon. Dianne Feinstein,
Chairman, Interior, Environment, and Related Agencies Appropriations
Subcommittee,
Washington, DC.
Dear Madam Chair: I am writing on behalf of the membership of the
Association of State Drinking Water Administrators (ASDWA) to request
the opportunity to present oral testimony at the forthcoming Senate
Appropriations hearings regarding the Environmental Protection Agency's
fiscal year 2010 budget. ASDWA members are responsible for implementing
the numerous provisions of the Safe Drinking Water Act (SDWA) in the 50
States, territories, the Navajo Nation, and the District of Columbia.
In continuing their efforts to implement the act's provisions, the
States are looking to Congress for additional support.
Since enactment of the 1996 SDWA amendments, State drinking water
programs responsibilities have continued to grow as we strive to ensure
that public health is protected through clean and safe drinking water.
These time and resource intensive responsibilities extend beyond
traditional activities such as working with utilities to ensure
compliance with both new and existing drinking water regulations. They
also include undertaking initiatives to protect source waters; working
to ensure that drinking water systems can demonstrate that they have
adequate technical, managerial, and financial capabilities to meet
Federal and State requirements; and ensuring that drinking water system
operators are adequately trained and certified. Since September 11,
2001, and underscored in recent years by the growing number of large
natural disasters, these responsibilities have expanded to include
additional initiatives directed toward ensuring the safety and security
of our Nation's drinking water supplies. State drinking water programs
are also being directed to focus limited resources on issues such as
water quantity issues associated with climate change, carbon
sequestration, energy conservation, and sustainable infrastructure.
Federal funding to administer these critical State efforts through
the Public Water Supply Supervision is woefully inadequate to the task
at hand and has actually remained the same or declined since fiscal
year 2004. Similarly, Federal funding for the Drinking Water State
Revolving Loan fund is clearly insufficient to bridge the
infrastructure ``gap'' in the United States and, in fact, has never
been appropriated at authorized amounts.
Today, State drinking water programs are experiencing extreme
fiscal constraints that affect their ability to undertake federally
mandated responsibilities for drinking water protection without
additional Federal funding support. As a result, State drinking water
programs are being forced to prioritize their public health protection
initiatives. This situation cannot and must not be allowed to
deteriorate to the point where public health is compromised or where
States will have to return the drinking water program to the Federal
Government. ASDWA, through its testimony, would like to provide the
subcommittee with a realistic picture of State activities and needs for
the coming year as well as about critical drinking water infrastructure
needs associated with the Drinking Water State Revolving Loan Fund.
Thank you for your consideration of ASDWA's request to provide oral
testimony during the forthcoming budgetary hearings. I look forward to
learning the specifics of the hearing schedule and the possibility of
securing time on the agenda.
Sincerely,
James D. Taft,
Executive Director.
______

Letter from the Alliance to Save Energy; American Council for an
Energy-Efficient Economy; Environmental and Energy Study Institute;
Green Buildings Initiative; Johnson Controls, Inc.; National
Association of State Energy Offices; North American Insulation
Manufacturers Association; and U.S. Green Building Council

Dear Chairwoman Feinstein and Ranking Member Alexander: We the
undersigned represent a broad-based coalition of hundreds of energy
efficiency and environmental organizations, public interest
organizations and corporations. We write to commend the success of the
EPA Energy Star Program to date and ask for its continued support. We
request that the subcommittee approve funding in the amount of $100
million for the EPA Energy Star Program in fiscal year 2010, an
increase of $49.3 million more than the President's fiscal year 2010
budget request.
The EPA Energy Star Program is the single most effective Federal
consumer information program on energy efficiency. Indeed it is one of
the most successful efforts anywhere to promote marketplace solutions
for greater energy efficiency. The program works with thousands of
business partners to make it easy for consumers to find and buy energy-
efficient products, buildings, and services by awarding the well-known
Energy Star label and by providing other consumer information. The
Energy Star program reduces energy demand, lowers energy bills, and
helps avoid pollution and greenhouse gas emissions.

ABOUT THE ENERGY STAR PARTNERSHIPS

These initiatives have proven to be an extremely effective way for
us to capitalize on the potential of energy efficiency as a resource.
Energy Star's voluntary partnership program, which includes Energy Star
Buildings, Energy Star Homes, Energy Star Small Businesses, and Energy
Star Labeled Products, works by removing marketplace barriers to
existing and emerging technologies, providing information on technology
opportunities, generating awareness of energy-efficient products and
services, and educating consumers about life-cycle energy and cost
savings.
Energy Star serves broad constituencies in every State in the
country. The program currently has more than 14,000 partners who are
committed to improving the energy efficiency of our homes, businesses,
and products. Among those partners are more than 2,000 manufacturing
partners who make and market more than 40,000 different models of
Energy Star qualifying products, and more than 1,000 retail partners
representing thousands of storefronts, as well as building owners and
operators, utilities, State and local governments, and nonprofit
organizations. Energy Star counts more than 5,000 builder partners and
partners who supply products and services for energy-efficient home
construction. More than 840,000 families now live in Energy Star
Homes--locking in financial savings for homeowners of more than $200
million annually.

MUCH HAS BEEN ACCOMPLISHED

The program helps consumers to visualize the long-term benefits,
through lower energy bills, that can be realized through investment in
energy efficient appliances. Approximately one-third of U.S. consumers
report using the Energy Star label as an information tool for making
purchase decisions, and an even higher number report using Energy Star
as an information tool to help them save energy. With this high level
of consumer awareness, the potential for Energy Star to tap into even
greater energy efficiency is limited only by the availability of
resources to fund its programs. The return on investment in EPA Energy
Star is unparalleled: The EPA estimates that for every Federal dollar
spent on the Energy Star program, $75 or more in consumer energy bills
is saved, and about 3.7 tons of carbon dioxide emissions is avoided.
In 2007 alone, Energy Star helped Americans save 35,000 megawatts
of peak power, avoiding the need for about 70 new power plants. The
electricity savings--180 billion kilowatt-hours--represent 5 percent of
total 2007 electricity use. Working together with Energy Star,
Americans prevented the emission of 40 million metric tons of
greenhouse gas emissions, which is equivalent to removing 25 million
cars from the road. And Americans, with the help of Energy Star, saved
$16 billion on their energy bills. As these statistics exemplify, the
Energy Star program is helping millions of Americans get the energy
they need, while saving money and avoiding pollution.

HUGE POTENTIAL REMAINS UNTAPPED

Although EPA Energy Star is already making a tremendous impact on
U.S. energy consumption, many opportunities exist to expand existing
programs and initiate new efforts, greatly increasing the energy
savings potential. Funding for the Energy Star Program declined
precipitously in the last several years.
The fiscal year 2008 funding level of $43.9 million was a reduction
of more than 25 percent from fiscal year 2002 levels, after accounting
for inflation. We were pleased to see an increase in funding to $50
million in fiscal year 2009, but this level still represents a decrease
from fiscal year 2002 levels in real dollars. The recommended increase
of only $700,000 in the fiscal year 2010 administration budget request
is insufficient. Dramatic increases in the program are necessary for
the program to fully utilize the opportunities to reduce energy
consumption that still remain untapped. A $100 million budget in fiscal
year 2010, representing a $50 million increase more than fiscal year
2009 funding, will enable the program to label additional products,
update its criteria, increase its consumer outreach, and address
energy-efficient home improvements nationwide.

RECOMMENDATIONS

We recommend that the funding for the Energy Star Program be
increased to $100 million. The $50 million in increased funding that we
are requesting should in our view be directed to the following
initiatives:
--An expanded program for improvements to energy-inefficient existing
homes: $12.5 million
Homeowners can save 10 to 20 percent on their home energy bills--
which now average $2,100 a year--with a set of new Energy Star programs
that go beyond the labeling of efficient products. These include:
--Home Performance with Energy Star (HPES).--HPES is a whole-home
retrofit program that can be offered by a State, utility,
or other local program sponsor in partnership with EPA. It
gives homeowners access to trained building professionals,
information on the best home improvement projects for their
home, and quality assurance and quality control on the work
performed, which commonly includes adding insulation and
sealing ductwork and air leaks. This program is being
offered in a dozen locations around the country and is
providing homeowners with an average of 20 percent savings
on their home energy bills.
Additional funding would bring this program to many more cities and
homeowners around the country. HPES is uniquely valuable to homeowners
because it goes beyond household appliances to improve the residential
building envelope holistically, while offering consumers the confidence
that comes with the Energy Star name.
--Quality Installation of Heating and Cooling Equipment.--Ensuring
that heating and cooling equipment is of appropriate size
and that it is correctly installed and maintained is
essential to getting the most out of energy efficiency.
Many air conditioners are oversized and improperly
installed, so often even high-efficiency units consume much
more energy than necessary. Cooling and heating equipment
are key drivers of peak demand, and therefore improving the
effective efficiency of this equipment can decrease the
need for new power plants.
EPA Energy Star and its partners have developed and piloted
programs to address the challenges to proper equipment sizing,
installation and maintenance. Additional funding would enable Energy
Star to spread these program models across the country, ensuring that
gains in appliance efficiency are not mitigated by a failure to address
these challenges.
--An expanded program for rating the energy performance of all
building types: $7.5 million
Providing a comprehensive yet simple measurement of building energy
consumption is a powerful tool in motivating energy efficiency
improvements. EPA Energy Star has established a performance rating
system that offers a standardized, consistent measurement of energy use
for more than 60 percent of U.S. commercial building space, and this
system has already been used to assess the energy consumption of about
10 percent of U.S. building space. Additional funding would expand this
system to apply to the vast majority of the Nation's buildings, and
would help Energy Star to partner with States, local governments,
builders, and other groups to make effective use of the rating system.
--An expanded focus on medium and small manufacturing and small
business: $10 million
EPA Energy Star has developed specialized approaches for working
with medium-sized manufacturers and with small businesses to improve
their energy efficiency. These efforts could be greatly expanded.
Energy Star could enlist many small businesses as partners in the
proper delivery/installation of high-efficiency services and products
since small businesses constitute about half the economy and consume
about half the energy
--A new program to aid sponsors of emerging energy efficiency
programs in program development and implementation: $10 million
EPA already partners with hundreds of utilities, States, local
governments, and other organizations to help them run their efficiency
programs. There is growing interest, especially at the State level, in
funding organized energy efficiency programs. The Energy Star energy
efficiency platform can help these emerging program sponsors to develop
new programs quickly and to build on existing best practices, leading
to greater program effectiveness and cost-effectiveness. EPA Energy
Star should target its outreach toward programs for elementary and
secondary schools, among others.
--An expanded outreach effort to State and local governments: $10
million
State and local governments can save significant energy and money
through investments in energy efficiency. State and local governments
could dramatically enhance attractive investments in energy efficiency
through expanded outreach and sharing of best practice policies and
programs, including improving the efficiency of water and wastewater
treatment facilities, alternative financing approaches, effective
school energy efficiency programs, etc. Matching funds for innovative
State programs could be established.
--An expanded focus on exploring new technologies and practices: $5
million
In many sectors technology is advancing at lightning speed,
offering opportunities to improve the energy efficiency of new homes,
buildings, and products. Additional funding would expand EPA Energy
Star's ability to study these innovations and focus earlier in the
technology development process on how best to bring them into the
Energy Star program and deploy them in the marketplace. This would
speed the adoption of the most energy-efficient products and drive
further innovation.

CONCLUSION

The Energy Star program proves that we can protect the environment
while simultaneously saving consumers money on their energy bills and
enhancing the economy. Energy Star provides the catalyst for many
businesses, State and local governments, and consumers to invest in
energy efficiency, which in turn yields multiple private and public
benefits. It does this by providing access to information, improving
brand recognition, and providing positive publicity.
While there are many demands on the country's financial resources,
Energy Star has proven tremendously cost-effective, and it returns
important benefits to the Nation. Every added Federal dollar invested
in Energy Star in fiscal year 2010 will return a significant and cost-
effective yield in pollution reduction, economic stimulation, energy
security, and consumer savings. On behalf of the Energy Efficiency
Coalition, we strongly urge the subcommittee to approve $100 million in
funding for the EPA Energy Star Program in fiscal year 2010.
______

Prepared Statement of the American Society for Microbiology

The American Society for Microbiology (ASM) is pleased to submit
the following testimony on the fiscal year 2010 appropriation for the
U.S. Environmental Protection Agency (EPA) research and education
programs. ASM is the largest single life science membership
organization in the world with more than 43,000 members. ASM mission is
to enhance the science of microbiology, to gain a better understanding
of life processes, and to promote the application of this knowledge for
improved health and environmental well-being.
ASM urges Congress to support essential research and provide at
least $595 million for the ORD in fiscal year 2010, the same as the
funding level provided in fiscal year 2006. While EPA received
substantial funding in both the American Recovery and Reinvestment Act
of 2009 and the Omnibus Appropriations Act of 2009, the need remains
for a steady annual increase of fiscal year appropriations funding, to
offset the past detrimental trend of budget cuts and loss of EPA's
spending power to inflation.
The EPA relies on sound science to safeguard both human health and
the environment. The EPA Office of Research and Development (ORD)
sponsors leading-edge research that provides a solid underpinning of
science and technology for EPA's regulatory and public outreach
activities. ORD conducts research on pollution prevention, human health
protection, and reduction of risks from a variety of hazardous
chemicals and microbes. The work at ORD laboratories, research centers,
and offices across the country helps optimize use of our natural
resources and improve the quality of the Nation's air, water, and soil.
Excellence in research is crucial to ORD's mandated responsibilities:
--Perform research and development to identify, understand, and solve
current and future environmental problems;
--Provide responsive technical support to EPA's mission;
--Integrate the work of ORD's scientific partners (other agencies,
nations, private sector organizations, and academia); and
--Provide leadership in addressing emerging environmental issues and
in advancing the science and technology of risk assessment and
risk management.
ASM is very concerned with the trend in recent years of decreasing
the annual budget for EPA's research and development programs. Optimal
EPA oversight of public health and the environment clearly depends upon
EPA's access to exemplary scientific expertise within and outside the
EPA, as well as the ability to respond quickly to our changing
environment.
Both access to expertise and timely response to the environment
depend on sufficient and sustained investments in research and
development programs. The fiscal year 2009 budget allocation for the
ORD was $541 million, a significant 1.3 percent decrease from fiscal
year 2008. These funding decreases will likely undermine the basic
scientific foundation essential for the EPA to make decisions and
formulate regulations to protect both human health and the environment.
The fiscal year 2009 decreases are part of a longer-term pattern of
funding erosion that is cause for serious concern.
science to achieve results (star) grants and fellowships
ASM urges Congress to increase funding for the STAR grants program
to at least the fiscal year 2002 level of $102 million. The fiscal year
2009 budget continued a disturbing 7-year trend of shrinking STAR
resources by recommending only $61 million for STAR, a 4.6 percent
reduction from fiscal year 2007. Currently, the STAR program focuses
research on drinking water, water quality, global climate change, human
health risk assessment, children's health, and the health effects of
particulate matter, among other equally important areas. Cuts to STAR
funding will have almost certain detrimental effects on both human
health and the environment.
The STAR grants support extramural research in numerous
environmental science and engineering disciplines, awarded through a
competitive solicitation process and independent peer review. The
program engages the Nation's best scientists and engineers in targeted
research that complements EPA's own intramural research and that
conducted by partners in other Federal agencies. Cuts to the STAR
program significantly reduce American competitiveness in the important
areas of scientific research and discovery, an effect that cannot be
ignored in the current economic climate.
Reductions in the STAR program will severely limit EPA's ability to
draw upon critically needed scientific expertise from the academic
community, a valuable source of research insights and personnel for EPA
programs. Reductions will also limit U.S. competitiveness in the areas
of environmental research, training, and development of new
technologies for solving environmental problems. The STAR program
revitalizes all areas of EPA research and its fellowships foster
workforce development in environmental science and technology.

CLEAN AND SAFE WATER

The EPA is tasked with ensuring the safety of our drinking and
recreational waters, an enormous regulatory task that is entirely
reliant on sufficient funding. Through Amendments to the Safe Drinking
Water Act (SDWA), Congress has mandated that the EPA must conduct
adequate research to ensure a solid scientific foundation for EPA's
mission of reducing and limiting public exposure to dangerous drinking
water contaminants. ASM is concerned with adverse impacts of past ORD
budget cuts on EPA's Drinking Water and Water Quality programs.
The Drinking Water Program has suffered the greatest reductions,
with an 8 percent decrease from fiscal year 2008 to 2009. Such
decreases in the Drinking Water Program severely compromise the EPA's
ability to ensure safe drinking water for all Americans. Health
problems from microbial contamination of drinking water are
demonstrated by localized outbreaks of waterborne disease. Many of
these outbreaks have been linked to contamination by bacteria or
viruses, likely from human or animal wastes. For example, in 1999-2000,
there were 39 reported disease outbreaks associated with drinking
water, some of which were linked to public drinking water supplies.
ASM supports the following as priority research areas for the
fiscal year 2010 budget for drinking water and water quality: (1)
studies on impacts of subsurface carbon dioxide (CO2)
storage on drinking water quality; (2) analysis of aquatic life
guidelines, recreational water criteria, the effects of emerging
contaminants, nutrients, biocriteria, and multiple stressor effects on
stream biota; (3) watershed management research that supports diagnoses
of impairment, mitigations, and pollutant load reduction in headwater
streams and isolated wetlands; and (4) improvements in the control of
microbial releases from publicly owned treatment works during periods
of significant wet weather events. It is also imperative that the EPA
continues to develop analytical methods for accurately measuring
contaminant levels in drinking water and surface water; that the EPA
ensures proper certification and assessment of laboratories that
analyze drinking-water samples; and that the EPA conducts research that
strengthens the scientific basis for standards that limit public
exposure to contaminants. Topics of growing concern include: the
dissemination of diverse anthropogenic compounds, such as
pharmaceuticals and estrogens or estrogen-like compounds into the
environment through water and wastewater treatment systems. These
compounds are now ubiquitous, but their fates in the environment and
impacts on humans and other organisms are inadequately known.
ASM also supports increased funding for the Water Quality program.
Expanding ORD-supported research is needed to more fully protect the
Nation from waterborne illnesses that persist in our environment. For
example, according to the Centers for Disease Control and Prevention
(CDC), cryptosporidium, a protozoan parasite causing gastroenteritis in
humans, has become the leading cause of recreational water-associated
outbreaks of gastrointestinal illness. In 2003-2004, this parasite
accounted for 61 percent of gastrointestinal outbreaks associated with
disinfected swimming venues, such as swimming pools and water parks--
likely due to the parasite's high resistance to free chlorine, the main
barrier to infectious disease transmission in pools. Since 2005,
reports of cryptosporidiosis have increased substantially. Clearly, the
EPA needs continued support to address water-borne diseases such as
this.

RENEWABLE ENERGY AND WASTEWATER INFRASTRUCTURE

The EPA is a stakeholder in ensuring a sustainable environment,
meeting the needs of the present without compromising the ability of
future generations to meet their own needs. Renewable energy research
is essential for ensuring sustainability, and ASM encourages EPA to
pursue collaborative efforts in this area with the National Science
Foundation (NSF), the Department of Energy (DOE), and the U.S.
Department of Agriculture (USDA).
In order to provide safe and secure drinking water for its
citizens, the Nation must improve the sustainability and energy
efficiency of its water distribution systems from sources to ``sinks.''
Energy efficiency is an important but often overlooked consideration
when addressing the Nation's water supply. At present, the Nation's
water distribution infrastructure consumes approximately 5 percent of
total electricity use. The development of nonfossil fuel energy sources
for water distribution cannot only contribute to a more secure water
supply, but can also contribute to the Nation's energy security.
Coupling microbial activity during wastewater treatment to electricity
generation provides one example for increasing energy efficiency.
Researchers, supported by the NSF and the USDA have made great
strides in advancing the technology of microbial fuel cells to benefit
wastewater treatment plants. Microbial fuel cells work through the
action of bacteria, which can produce electricity in fuel cells. In the
process, the bacteria consume organic matter in the wastewater and thus
improve water quality. This approach uses the bacteria that naturally
occur in wastewater, requiring no special bacterial strains or unusual
environmental demands. The benefit of microbial fuel cell applications
is that they purify wastewater while generating electricity; water
purification, the goal of wastewater treatment facilities, normally
requires the consumption of energy.
ASM urges Congress to support a collaborative relationship between
the EPA and the DOE, the NSF, and the USDA to explore energy production
from waste treatment, and to develop mechanisms for improving energy
efficiency in water distribution.

CLIMATE CHANGE

Climate change affects all of earth's life, including the
ubiquitous microbes that dominate the living mass of many ecosystems.
While climate-related disturbances can have many effects, it is
abundantly clear that they directly and indirectly affect the incidence
of serious infectious diseases. Climate changes can also impact air and
water pollution, which adversely affect human health. The effects of
these changes on microbial activities are often unpredictable, but
microbes nonetheless play major roles in water quality, environmental
integrity and human health. Thus, it is essential that the EPA retains
and expand its ability to support research on climate change, including
the subsequent impacts on beneficial and pathogenic microorganisms.
ASM is concerned that past budget reductions to the Global Climate
Change research program at ORD will limit its ability to understand
links between certain diseases and pathogens and climate change. The
Intergovernmental Panel on Climate Change noted in 2007 that the global
population at risk from vector-borne malaria would increase by between
220 million and 400 million in the next century. Other vector-borne
diseases, such as dengue fever, yellow fever, and encephalitis, are
also projected to spread into new areas due to global warming. Climate
change may increase the risk of other infectious diseases, particularly
those diseases that appear in warm areas and are spread by aquatic
pathogens. For example, shellfish-borne outbreaks of gastroenteritis
caused by the aquatic bacterium Vibrio parahaemolyticus have been
associated with temperature increases in United States coastal waters
in recent years. In addition, increased frequencies of harmful algal
blooms in warmer waters, particularly in areas subject to nutrient
pollution, can lead to more frequent outbreaks of diseases like
cholera. Thus, ASM supports the administration's dedication to slow
global warming, and asks Congress to provide sufficient funding for the
ORD to continue this important research.

CONCLUSION

The EPA requires sound scientific information to meet its mandates
to protect human health and the environment. The ORD is an integral
component for conducting research needed to answer many of the
challenges we face, such as climate change, renewable energy, and
provision of clean and safe water. ASM urges Congress to provide at
least $595 million for the ORD in fiscal year 2010. ASM appreciates the
opportunity to provide written testimony and would be pleased to assist
the subcommittee as it considers the fiscal year 2010 appropriation for
the EPA.
______

Prepared Statement of the Appalachian Trail Conservancy

Dear Madam Chair and members of the subcommittee: On behalf of the
Appalachian Trail Conservancy (ATC), for reasons described below, I am
requesting a fiscal year 2010 appropriation from the Land and Water
Conservation Fund (LWCF) in the amount of $2.625 million for the
National Park Service (NPS) and $15.02 million for the USDA Forest
Service (USFS) for the acquisition of lands and interests in lands
surrounding or bordering the Appalachian National Scenic Trail (ANST)
in the States of New Hampshire, Vermont, Tennessee, and North Carolina.
ATC also is supporting two fiscal year 2010 Forest Legacy Program (FLP)
projects in Maine and New Hampshire totaling $7.613 million.
Background.--The Appalachian Trail (AT) is America's premier long-
distance footpath. Initially established between 1923 and 1937 as a
continuous footpath extending from western Maine to northern Georgia,
the trail gained Federal recognition in 1968 with the passage of the
National Trails System Act. Amendments to that act in 1978 expanded the
authorization for Federal and State land acquisition to establish a
permanent, publicly owned right-of-way as well as a protective corridor
or ``greenway'' along the trail. Since 1978, with the strong support of
the subcommittee and the Congress as a whole, the ANST land-acquisition
program of the NPS and USFS has become one of the most successful land-
conservation efforts in the Nation's history with the acquisition of
more than 189,000 acres, more than 3,360 parcels, in 14 States. Today,
only approximately 5 miles of the 2,178-mile AT remain to be protected
through public ownership.
Resource Characteristics.--The AT is a 2,178-mile footpath
extending along the crests and valleys of the Appalachian Mountains
through 14 States from Maine to Georgia. Often characterized as a
``string of pearls,'' the trail, which is considered a unit of the
National Park System, connects 8 National Forests, 6 other units of the
National Park System, and approximately 60 State parks, forests, and
game-management units. With an estimated 3 to 4 million visitors per
year, it ranks among the most heavily visited units of the National
Park System and also ranks among the top 10 units from the standpoint
of natural diversity.
The AT is equally well known as a remarkable public/private
partnership. Since the initial construction of the trail in the 1920s
and 1930s, volunteers affiliated with the ATC have constructed,
reconstructed, and maintained the footpath as well as a system of more
than 250 shelters and associated facilities such as privies, improved
campsites, bridges, signs, and parking lots. In 2008, for example, more
than 6,000 volunteers contributed more than 203,000 hours of labor
along the trail. As an outgrowth of an agreement between the NPS and
ATC, the Conservancy has accepted management responsibility for most
lands acquired by that agency along the trail. ATC, through its network
of 30 club affiliates, is now responsible for virtually all phases of
``park'' operations, ranging from trail and facility maintenance and
construction to land and resources management to visitor education and
services. ATC also provides ongoing, volunteer-based stewardship for
other trail lands, totaling more than 250,000 acres.
Need for Appropriations.--As noted previously, while the ANST
protection program represents one of the most successful land-
acquisition programs in the history of the conservation movement in the
United States, that program is not yet complete. Although our hope had
been to complete the program by the year 2000, escalating land values
coupled with diminished administrative capacity in the affected
agencies have conspired to delay full program completion. Nevertheless,
a number of critical parcels are now ``ripe'' for land acquisition from
willing sellers and we are seeking fiscal year 2010 LWCF appropriations
to secure those properties. A brief description of each of those
critical parcels follows.
Rangeley High Peaks Project Phase I, Maine.--ATC is supporting a
request by the State of Maine and the Maine Appalachian Trail Land
Trust to acquire conservation easements affecting three large parcels
totaling 13,446 acres in the towns of Rangeley and Madrid and Mount
Abrams Township in the Rangeley Lakes region of western Maine utilizing
fiscal year 2010 FLP funding. The three properties are known as the
Ridge, Orbeton, and Rangeley properties. Of particular interest is the
Ridge tract, which borders the AT corridor near Saddleback Mountain and
Mt. Abram and includes an important snowmobile crossing of the AT. It
abuts other lands acquired by the NPS and the ATC. ATC is supporting a
request for $4.613 million from the fiscal year 2010 USDA FLP.
Mahoosucs Gateway/Success Township, New Hampshire.--This project
affects a 20,000-acre project area that has been the focus of
conservation and economic-development efforts by a consortium of
conservation organizations as well as several local communities. The
Mahoosuc Mountain Range is one of the most remote and rugged areas
along the AT. Straddling the border between New Hampshire and Maine, it
provides a scenic gateway to both States. In partnership with a
timberland owner an opportunity exists to conserve 4,772 acres in fee-
simple and an additional 15,200 acres under easement for 6 miles along
the northern edge of the narrow AT corridor there, including two of the
most prominent mountain peaks in the area: Bald Cap and North Bald Cap.
Conservation of the property would provide protection for a number of
existing side trails in the area as well as the watersheds of numerous
streams flowing into the Androscoggin River. The fee-simple portions of
the property require Federal LWCF monies, while the easement portions
will rely on additional funding through the FLP. Approximately one half
of the LWCF monies were provided in the fiscal year 2009 omnibus
appropriations bill. ATC and The Conservation Fund (TCF) are requesting
a fiscal year 2010 LWCF appropriation of $1.375 million for the NPS to
complete the fee-simple portion of the project. ATC also is supporting
a request by TCF for $3 million in fiscal year 2010 FLP funding for
acquisition of easements affecting the remaining 15,200 acres.
Chateauguay-No Town Project, Vermont.--This project involves four
parcels, totaling 1,000 acres, in the towns of Barnard and Bridgewater,
Vermont. Negotiations have been spearheaded for several years by TCF,
which also has secured a $500,000 private contribution toward the
project. The four properties straddle more than 1\1/2\ miles of the AT
in an area where earlier acquisitions by the NPS provided only a narrow
buffer for the footpath. They include a high-value wetland complex and
feeding habitat for migratory birds, black bears, and moose as well as
the headwaters of the Locust Creek watershed, a Vermont Class A stream.
ATC and TCF are requesting an fiscal year 2010 LWCF appropriation of
$1.25 million for the NPS for this project.
Rocky Fork, Tennessee/Cherokee National Forest.--In mid-December,
2008, the USFS acquired approximately 2,200 acres of this 10,000-acre
property in eastern Tennessee situated midway between Johnson City and
Asheville, North Carolina, and adjacent to Interstate 26. TCF provided
bridge funding to acquire the balance of the property in anticipation
of future sale to the USFS and the State of Tennessee. The property
includes many game and nongame wildlife values, including 16 miles of
``blue-ribbon'' trout streams and outstanding black bear, white-tailed
deer, and wild turkey habitat. The property also includes 1.2 miles of
the ANST and its recent acquisition will permit the construction of a
5-mile relocation to provide a much-improved alignment for the
footpath. Total costs for the acquisition were approximately $43
million and ATC is working closely with TCF, the Southern Appalachian
Highlands Conservancy, and a number of other conservation and sportsmen
organizations to complete the overall funding package for the project.
ATC and TCF are requesting an fiscal year 2010 LWCF appropriation of
$13.5 million for the USFS which will permit the USFS to acquire the
eastern portion of the property while the central portion will be
acquired by the State of Tennessee.
Rich Mountain, Tennessee/Cherokee National Forest.--This 100-acre
privately-owned in-holding is situated in the northwest corner of the
Rocky Fork property (see previous) and unfortunately was carved out by
New Forestry, LLC--the previous owners of the Rocky Fork property--at
the time the remainder of the property was sold to the USFS and TCF. It
includes the highest point of land for the overall property as well as
prominent cliffs locally known as Buzzard Rock. The cliffs are only a
short distance from the AT through a high-elevation health bald. The
property provides sweeping views of the Sampson Mountain Wilderness and
northeast Tennessee/southwest Virginia. ATC is requesting an fiscal
year 2010 LWCF appropriation of $600,000 for the USFS to acquire this
critical in-holding.
Shook Branch, Tennessee/Cherokee National Forest.--This 20-acre
property is situated in eastern Tennessee in the Cherokee National
Forest. The AT currently follows a dangerous road-walk and crosses US
321 at a location with limited site distances to on-coming traffic. A
proposed new route has been identified and a number of parcels have
been acquired by the USFS to establish the route. The Shook Branch
property is necessary in order to complete the proposed relocation. The
current property owner has expressed a willingness to sell the
property. ATC is requesting an fiscal year 2010 LWCF appropriation of
$500,000 for the USFS.
Buck Mountain, Tennessee/Cherokee National Forest.--This is an 18-
acre property situated in rural northeast Tennessee near the Village of
Roan Mountain. The southern boundary of the property is within 10 yards
of the AT and is clearly visible as it occupies the high ground above
the AT for about one-quarter mile. The property includes views of Beech
Mountain, Hump Mountain, and the Highlands of Roan. Previously devoted
to Christmas tree and ornamental shrub agriculture, the area is under
development pressure due to the outstanding views and proximity to the
Cherokee National Forest. ATC is requesting an fiscal year 2010 LWCF
appropriation of $150,000 for the USFS to acquire the property from a
willing seller.
Wesser Bald, North Carolina/Nantahala National Forest.--This 82-
acre property is situated in western North Carolina in the Nantahala
National Forest. The AT passes within 100 feet of the property and
affords a number of outstanding scenic views at several locations along
the northern portion of the property and from a viewing platform atop
the Wesser Bald fire tower with 360-degree views encompassing the Great
Smoky Mountains skyline, the Nantahala Mountains, and northern Georgia.
The upper 35 acres was acquired in fee in 2007 by the Southern
Appalachian Highlands Conservancy (SAHC) with the aid of a bridge loan
from TCF and the requested LWCF appropriation will be used to
repurchase that portion of the property at a bargain-sale price with
ownership transferred to the USFS. SAHC also has secured a conservation
easement affecting an additional 41 acres of the property. The total
value of the fee and easement interests is $950,000. ATC is requesting
an fiscal year 2010 LWCF appropriation in the amount of $270,000 for
the USFS.
With the acquisition of the previously described properties, ATC
hopes to complete a substantial portion of the remaining land-
acquisition needs in the ANST program. Again, we respectfully request
an fiscal year 2010 LWCF appropriation of $2.625 million for the NPS
and $15.02 million for the USFS. We also support a total of $7.613
million in fiscal year 2010 Forest Legacy funding for the Rangeley High
Peaks project in Maine and the Mahoosucs Gateway/Success Township
project in New Hampshire.
Thank you for the opportunity to submit this testimony and for your
consideration of our request.
______

Prepared Statement of the Animal Welfare Institute

The Animal Welfare Institute (AWI) respectfully requests that the
Senate Appropriations Subcommittee on Interior, Environment, and
Related Agencies appropriate a total of $83.1 million to the U.S. Fish
and Wildlife Service (FWS) including an additional $45 million to
increase and expand activities of the Office of Law Enforcement, $26
million for special agents, $3.1 million for ports of entry, $5 million
for the Clark R. Bavin National Fish and Wildlife Forensics Laboratory
and $4 million for the Multinational Species Conservation Fund. The
President's fiscal year 2010 proposed budget falls far short of
providing the funds needed by agencies within the Department of the
Interior to protect, preserve, recover, and manage America's wildlife,
including threatened and endangered species, as required by law and by
their public trust obligations to the American people. AWI also asks
Congress to reign in the Bureau of Land Management (BLM) by including
language preventing funds from being used to kill healthy horses as a
way to balance its books or implement sales authority language.
Office of Law Enforcement (OLE).--An apparent increase for this
function in the President's budget is actually a decrease when higher
uncontrollable and fixed costs are taken into account. AWI requests
that an additional $45 million be allocated to the FWS to increase and
expand the activities of its OLE in its critical role of combating
wildlife crime. The OLE investigates both domestic and international
wildlife crimes that involve the transgression of more than one dozen
Federal wildlife and conservation laws. Though it is well known that
the illegal trade in wildlife and wildlife products is third only to
the illicit trade in narcotics and weapons in terms of revenue
generated globally, and despite the fact that the United States remains
a source of or destination for much of this contraband, the OLE has
consistently been underfunded and understaffed and, thus, shortchanged
in its efforts to combat this illegal trade.
The FWS has cut its covert wildlife crimes investigation unit in
half. Given the severity of illegal wildlife trade and its inherent
underground nature, covert investigations are essential for enforcing
wildlife laws and, capturing as well as prosecuting those guilty of
wildlife crimes. The OLE and its employees cannot effectively enforce
Federal wildlife laws without a covert investigations unit. Congress
must direct the Secretary of the Interior to reinvigorate the OLE,
including its covert investigations unit and provide the funding
necessary to restore the OLE as the pre-eminent wildlife law
enforcement organization in the world.
FWS Special Agents.--Wildlife law enforcement agents perform what
is consistently ranked as one of the most dangerous jobs as they
attempt to fulfill their mandate to protect our wildlife heritage. In
fiscal year 2007, FWS agents pursued more than 12,000 investigations
resulting in more than$14 million in fines, 32 years of jail time for
the perpetrators, and 557 years of probation. FWS cases documented
illegal trafficking in U.S. leopard sharks, coral reef organisms, live
reptiles, and paddlefish. On the global front, agents broke up
smuggling rings dealing in sea turtle skins and products from Mexico
and sea turtle shell from China. They snared smugglers dealing in over
$540,000 worth of sperm whale teeth and sent individuals trafficking in
endangered live eagle owls eggs to prison. Despite these impressive
statistics, the illegal trade in wildlife and wildlife products
continues to imperil wildlife species in the United States and around
the world. The ability of the OLE to expand its efforts to combat this
trade requires far greater funding than what has been proposed in the
fiscal year 2010 budget.
Currently, there are only 191 FWS agents responsible for the
enforcement of Federal wildlife laws throughout the entire United
States. This number is 11 fewer than in fiscal year 2007, which was 16
fewer than existed in 2006. There are 70 agent vacancies. Filling these
vacancies is essential to protecting wildlife and stemming the
increasing threat of illegal trade. AWI respectfully requests an
additional $14 million ($200,000 each) to fill these 70 agent vacancies
and an additional $12 million to ensure sufficient operational funds
for existing agents and for those hired in the future.
Port Inspectors.--Given the events of September 11, 2001, and the
recent scrutiny applied by Congress on the security of U.S. ports, the
value of FWS inspectors should be indisputable. In addition to being
the first and only line of defense against the illegal import of
protected wildlife and wildlife products into this country, FWS
inspectors along with their colleagues from the U.S. Coast Guard,
Department of Homeland Security, and other agencies involved in port
inspections, represent America's best hope of intercepting bioterrorism
agents or items that may represent a security threat to America. Often
contraband is hidden in the body cavities of wildlife or in their
transport containers; who except FWS inspectors are willing to look
inside the box of a poisonous snake or other dangerous animal?
Though it may be hard to see that thwarting an illegal shipment of
wildlife is as important as thwarting an illegal shipment of weapons,
wildlife pose much greater risks to America due to the potential for
the wildlife to be vectors for non-native diseases or insects that
could pose a threat to public health (e.g., avian flu), wildlife and
livestock health (e.g., Newcastle's disease, foot and mouth disease),
or to our native flora. According to a news report, ``five of the six
diseases the [CDC] regards as top threats to national security are
zoonotic.'' Because legal shipments, which amounted to 650 million
animals in the last 3 years, are not screened properly, Americans are
left ``vulnerable to a virulent disease outbreak that could rival a
terrorist act.'' Couple the threats from legal trade with those from
illegal trade, including the amount of illicit bushmeat entering the
country, and the threat to public health is potentially catastrophic.
The North American Free Trade Agreement has exacerbated the problem
through increased movement of wildlife and wildlife products across the
United States border with Mexico. Such contraband includes highly
endangered neotropical parrots, cacti, reptiles, and exotic wildlife
leather products. The United States border with Canada is a conduit for
the illegal import of a variety of international species including the
Asian arowana fish, the rare Madagascar radiated tortoise, and
protected corals and domestic species including black bear gall
bladders, bald eagle parts, and other wildlife products. The current
lack of sufficient operational funds for the FWS port inspection
program weakens FWS efforts to promote the conservation of species of
international concern, to protect all natural resources, and to sustain
biological processes. The virtually unregulated smuggling of parrots
not only has put new pressure on Western Hemisphere parrot species, 30
percent of which are already on the brink of extinction, but also
presents a disease transmission risk to the U.S. poultry industry and
native U.S. birds. The illegal import of parrots into California has
been linked to an outbreak of Newcastle's disease in that State.
Moreover, smugglers are dealing in both illegal wildlife and illegal
aliens. For example, a cooperative investigation by FWS, Immigration
and Customs Enforcement (ICE), and the U.S. Coast Guard documented the
smuggling of illegal aliens and live Clarion angelfish from Mexico,
resulting in a Los Angeles man being sentenced to 46 months in prison
and fined $60,000.
In fiscal year 2007, Service wildlife inspectors processed more
than 179,000 wildlife shipments entering or leaving the United States.
An example of how understaffed the FWS port inspection staff can be
found at the United States/Canada border crossing at Blaine,
Washington, where a single inspector is responsible for inspecting all
imports even though that point of entry has experienced a 45 percent
increase in the number of wildlife shipments in the past decade.
Clearly, then, to protect domestic and international wildlife and to
secure our borders, Congress must provide the funding to hire and train
a sufficient number of FWS inspectors to ensure round-the-clock
coverage at each designated U.S. port of entry. $3.1 million is
requested for the ports of entry.
The Clark R. Bavin National Fish and Wildlife Forensics
Laboratory.--The FWS forensic laboratory is a key resource used by FWS
agents and inspectors for prosecuting wildlife crimes. It uses complex
tests and tools to identify wildlife products as to species, determine
cause of death, and make other findings critical to a successful legal
case. All such findings must adhere to exacting evidentiary standards
to be used in court, thus increasing the cost of testing each sample.
Due to an increasing backlog of samples, the lab as a whole is running
4 to 8 months behind in its casework, causing FWS investigators,
inspectors, and Federal prosecutors to wait longer to continue their
investigations or initiate prosecutions. Analysis of newly submitted
computer-based illegal wildlife trade cases is backlogged 7 to 8 months
and the analysis itself takes another 4 to 5 months to complete. The
new protocols that will be needed in the crackdown on shark finning
will only worsen this problem.
This lab is the only such facility in the world and it has
historically aided the fish and game departments of all 50 States and
the 175 Convention for International Trade in Endangered Species
(CITES) member countries. The backlog, however, jeopardizes this
cooperation and has forced it to stop accepting samples from State and
international wildlife investigators, weakening the long-standing
partnerships supporting cooperative conservation efforts in this
country and around the world. The backlog is largely a product of
staffing shortages. These shortages, combined with a loss of expertise
when seasoned veteran forensics experts retire before new experts are
trained, threaten the lab's ability to solve wildlife crimes. To reduce
both these staffing shortages and existing analytical workload and
backlog, $5 million is requested for the lab. Such funds would allow
for the construction of a new 8,000 square feet building to house the
lab's critical comparison standards collection ($2.2 million), the
hiring of six forensic scientists (forensics branch chief, senior plant
morphologist, and four forensic examiners in the areas of birds,
reptiles, plants, and analytical chemistry), four new technicians, and
much needed spending on training, travel, equipment and supplies.
Wild Free-roaming Horses and Burros Act.--BLM uses the majority of
its budget to round up and warehouse wild horses and burros, despite
the fact that numerous herds have been eliminated. In 2004, the BLM
embraced a devastating congressional rider requiring the sale of
certain wild horses and burros without restriction. With no legal
authority to protect these horses once sold, they very likely will end
up at the slaughterhouse--the very outcome which prompted Congress to
act to protect wild horses more than 35 years ago. Further, in 2008 the
BLM announced they were considering mass euthanasia of horses in its
holding facilities as a means of dealing with the program's dire
financial situation--the direct effect of the BLM's overzealous removal
of the animals from the range. While congressional and public outrage
at such a proposal was swift and clear the BLM has never withdrawn the
possibility so the Congress and public must remain vigilant. For years,
AWI worked with Congress to ensure language was included in the annual
Interior Appropriations bill to prevent such a travesty from occurring.
The language was maintained until former Senator Conrad Burns removed
it while inserting his ``sales authority'' language back in 2004. AWI
requests that this ``no-kill'' language be reinserted to ensure the BLM
does not kill healthy wild horses and burros:

``Provided, that appropriations herein made shall not be available
for the sale of wild horses and burros pursuant to 16 U.S.C. 1333(e) or
for the destruction of healthy, unadopted, wild horses and burros in
the care of the Bureau of Land Management or its contractors.''

With almost as many animals in holding facilities as are in the
wild today, AWI respectfully requests that Congress instruct the BLM
that, until such time as the agency either finds qualified adopters for
those animals now being held and/or returns animals to suitable herd
areas (particularly those from which all wild horses and burros have
been removed or whose populations are not self-sustaining), that no
funds be used to conduct further round-ups. In addition, Congress
should instruct the BLM to designate ranges on public lands for the
protection and preservation of wild horses and burros as provided in
the act.
Yellowstone Bison.--The National Park Service/Yellowstone National
Park (NPS/YNP) is the lead agency in a failed cooperative State/Federal
bison management plan that, since 2000, has resulted in the unnecessary
killing of nearly 3,500 park bison. Yellowstone bison represent the
last continuously free-roaming herd of bison in the United States. They
are of immense scientific, aesthetic, and spiritual value to millions
of people from around the world. The current bison management plan has
cost the American taxpayer up to $3 million per year since it was
implemented in 2000 yet the three-step plan remains largely mired in
step 1. In addition, though based on the concept of adaptive
management, the plan has only recently been adjusted, albeit minimally,
largely in response to criticisms of the plan made in a 2008 Government
Accountability Office report. These adjustments, however, have not
addressed the compelling new evidence documenting the existence of at
least two genetically distinct bison subpopulations in the park. By
ignoring this new evidence, the agencies, led by the NPS, may be
permanently and adversely impacting the genetic health and viability of
park bison as a consequence of their lethal management actions. To
prevent the ongoing misuse of Federal taxpayers' dollars and to protect
park bison from the very agency that is mandated to conserve and
protect park wildlife, AWI respectfully requests that Congress include
language in the fiscal year 2010 Interior, Environment, and Related
Agencies appropriations bill to specify that no Federal funds are to be
used by the NPS for the purpose of killing or participating in the
killing of YNP bison.
Multinational Species Conservation Fund.--Since 1988, the U.S.
Congress has made clear its commitment to global conservation efforts
through the passage of a number of funds to benefit specific species.
These funds include the African Elephant Conservation Fund, the Asian
Elephant Conservation Fund, the Rhinoceros and Tiger Conservation Fund,
and the Great Ape Conservation Fund. To address these problems, AWI
respectfully requests that Congress appropriate an additional $4
million more than the President's request for each of these funds.
______

Prepared Statement of the Beartooth Alliance

Madam Chairman and honorable members of the subcommittee: I
appreciate the opportunity to provide testimony on behalf of an
important land acquisition funding need on the Gallatin National Forest
in Montana. An appropriation of $4 million from the Land and Water
Conservation Fund (LWCF) is requested in fiscal year 2010 for the U.S.
Forest Service to complete the acquisition of mining claims near Cooke
City. We were very pleased to learn that your subcommittee provided $4
million to begin this project in fiscal year 2009.
Roughly the same size as West Virginia, the Greater Yellowstone
Ecosystem (GYE) encompasses approximately 18 million acres in Wyoming,
Montana, and Idaho. The GYE includes Yellowstone and Grand Teton
National Parks, portions of seven different national forests, and three
national wildlife refuges. The headwaters of the Yellowstone, Missouri,
Snake, and Green rivers are found in its mountains; these rivers lead
to the Gulf of Mexico, Pacific Ocean, and the Gulf of California in
Mexico. The varied topography of the GYE consists of arid high plains,
verdant river valleys, high-elevation plateaus, and spectacular
mountain ranges, as well as the most diverse and intact collection of
geysers and hot springs in the world. Additionally, the Greater
Yellowstone is one of the largest, relatively intact, temperate zone
ecosystems remaining in the world.
Remarkably diverse, the GYE provides some of the best wildlife
habitat in the country, including home for one of the last viable
grizzly bear populations in the lower 48 States. It hosts the largest
elk and free-roaming bison herds in North America, and provides the
only U.S. wintering ground for the rare trumpeter swan. Wolverines,
lynx, fishers, and pine martens still roam the GYE's mountains, as do
bighorn sheep, black bears, and mountain goats. Other flourishing
species include pronghorn antelope, wolves, moose, mountain lions, mule
deer, beavers, coyotes, osprey, bald eagles, and peregrine falcons. The
GYE hosts a total of 316 bird, 94 mammal, 24 reptile and amphibian, and
more than 1,700 vascular plant species. The rich, biological diversity
of the GYE is truly exceptional--nowhere else in the lower 48 States
can you find a large and relatively intact ecosystem containing nearly
all the living organisms present in pre-Columbian times.
In addition to its impressive wildlife values, the GYE offers some
of the best recreational opportunities in North America. Its fisheries
are world-renowned and attract fly fishers from all over the globe. Big
game hunting opportunities are abundant. In addition to these sporting
opportunities, the GYE offers a wide range of backcountry recreational
opportunities including skiing, snowshoeing, snowmobiling, hiking,
camping, whitewater rafting, horseback riding, and wildlife viewing.
Available within the GYE in fiscal year 2010 is the phase II
acquisition of 735 acres of mining claims located near Cooke City just
outside Yellowstone National Park in Montana. In 1989, a massive mining
enterprise was proposed near Cooke City, Montana, next to the Absaroka-
Beartooth Wilderness Area and only 2 miles from the northeastern
boundaries of the National Park. The plan to mine gold, silver, and
copper so close to the National Park and three important headwater
tributaries of the Yellowstone River sparked an international
controversy.
As the controversy grew, it reached the attention of officials in
Washington, including President Bill Clinton, who visited the site in
1995. In August 1996, after months of talks, President Clinton, mining
company officials, and a coalition of environmental groups announced
that they had reached an agreement that would cease development of the
mine. In return for $65 million in Federal land and other assets, the
mining company agreed to suspend the project and create a special $22.5
million fund to clean up past contamination. But in a potentially fatal
flaw, Crown Butte failed to consult with a retired Livingston, Montana
schoolteacher named Margaret Reeb, who owned most of the claims that
Crown Butte had the right to mine and wanted to hand over to the U.S.
Government as part of the deal.
The daughter of a pioneering mining family that had owned claims in
the Cooke City region for decades, Ms. Reeb quietly acquired additional
claims in the area long after most of the old mines had been shut down
in the years after World War II. New survey technologies later revealed
that the old prospectors had just missed striking the mother lode and
that an immense body of ore still remained buried in the ground.
In the wake of the agreement between the Federal Government, the
mining companies, and environmental organizations, Ms. Reeb continued
to hold onto her claims. Even though the mining company eventually
convinced Ms. Reeb to sign an agreement that prohibited her and her
successors from developing a mine on her claims, the risk of mining
remains very real since the agreement specifically States that the ban
can be overturned by Federal statute. Moreover, the majority of Ms.
Reeb's claims are highly developable and would make a perfect place to
build backcountry homes and cabins.
Ms. Reeb died in 2005 at the age of 91, leaving her estate to her
nephews, who have finally agreed to sell their aunt's mining claims so
that they can be put into public ownership as originally proposed.
Recognizing this opportunity, Congress appropriated $4 million to the
project in fiscal year 2009. An appropriation of $4 million in fiscal
year 2010 from the LWCF for phase II is needed to ensure this project
is brought to a successful close. Inclusion of the Reeb Mining Claims
project in the President's fiscal year 2010 budget recommendation,
within the Forest Service's LWCF account, recognizes the national
significance of this purchase to Yellowstone National Park and the GYE.
However, the project needs an appropriation of $4 million to be
completed, rather than the $1 million level included in the President's
proposal. Not only will successful purchase of the Reeb property
permanently remove the threat of future mining and conserve incredible
scenery and wildlife habitat next to Yellowstone National Park, but it
will also bring a happy ending to one of the most contentious and hard
fought land use battles in the American West.
I also respectfully request a substantial increase in overall
funding for the LWCF, specifically urging the subcommittee to provide
$325 million for the Federal LWCF in the fiscal year 2010 Interior,
Environment, and Related Agencies appropriations bill. I applaud the
LWCF funding increases provided by this subcommittee in fiscal year
2009, which included the funds for this project. And, we are most
thankful that the Obama administration budget recognizes the importance
of these programs by proposing significant increases for fiscal year
2010 and setting a goal to achieve full funding of the LWCF in the next
5 years.
The LWCF is our Nation's premier program to acquire and protect
lands in National Parks, national wildlife refuges, national forests,
Bureau of Land Management units, and other Federal land systems. This
program faces an extensive and growing backlog of land acquisition
needs across the Nation. Public lands provide innumerable social and
economic benefits including a healthy lifestyle, protection of
watersheds and drinking water supplies, wildfire reduction and
prevention, and assistance to wildlife and fisheries as they adapt to
climate change. We urge you to renew this wise investment in America's
natural heritage and take steps to toward full and consistent funding
of these vital programs.
Madam Chairman and distinguished subcommittee members, I want to
thank you for this opportunity to testify on behalf of this important
national protection effort in Montana. On behalf of the Beartooth
Alliance, I thank you for your consideration of this funding request.
______

Letter from the Bird Conservation Funding Coalition
May 15, 2009.
Hon. Dianne Feinstein,
Chairwoman, Interior, Environment, and Related Agencies Appropriations
Subcommittee,
Washington, DC.
Hon. Lamar Alexander,
Ranking Member, Interior, Environment, and Related Agencies
Appropriations Subcommittee,
Washington, DC.
Dear Chairwoman Feinstein and Ranking Member Alexander: The Bird
Conservation Funding Coalition (BCFC) consists of national
organizations that, together, advocate for Federal funding to advance
bird conservation. This year we ask that you once again provide funding
to programs we believe are crucial for maintaining healthy and abundant
bird populations throughout the United States. These programs are:
neotropical migratory bird conservation act grants program (nmbca)
NMBCA supports partnership programs to conserve birds in the United
States, Latin America and the Caribbean, where approximately 5 billion
birds representing 341 species spend their winters, including some of
the most endangered birds in North America. Projects include activities
to benefit bird populations and their habitats such as research and
monitoring, law enforcement, outreach, and education. The BCFC
respectfully requests the subcommittee prioritize fiscal year 2010
funding for the NMBCA at $6.5 million, an increase of $1.75 million
from the appropriated amount in fiscal year 2009.

JOINT VENTURES

Joint ventures are regionally based partnerships of public and
private organizations dedicated to the delivery of bird conservation
within their boundaries. Originally formed to support programs
involving waterfowl and wetlands, the migratory bird joint ventures
have recently adopted a 5-year growth strategy to embody an ``all-bird
approach,'' to provide additional capacity for partnership development
and enhancement, and to expand monitoring and assessment efforts. The
BCFC respectfully requests the subcommittee allocate $19 million for
fiscal year 2010, an increase of $6.5 million from the appropriated
amount in fiscal year 2009.

SCIENCE AND MONITORING

Science and monitoring done within the U.S. Fish and Wildlife
Service (USFWS) Office of Migratory Bird Management provides invaluable
information on the status and trends of bird species necessary for
sound management decisions. This scientific information helps to ensure
that funds are allocated wisely within all other BCFC priorities. The
slight increase in funds requested by the BCFC will help to close a
multimillion dollar shortfall which currently exists within the Office
of Migratory Bird Management. Therefore, the BCFC respectfully requests
the subcommittee provide $36 million for this important program, an
increase of approximately $6.2 million from the appropriated amount in
fiscal year 2009.

NORTH AMERICAN WETLANDS CONSERVATION ACT (NAWCA)

NAWCA provides funding for conservation projects for the benefit of
wetland-associated migratory birds in the United States, Canada, and
Mexico. Unfortunately, more than half of the original wetlands in the
United States have been lost, contributing to the steady decline of
migratory birds. NAWCA, in existence since 1989, has preserved more
than 24.8 million acres of wetlands by leveraging $945.2 million in
Federal funds with more than $1.94 billion in partner contributions.
The BCFC respectfully requests the subcommittee prioritize fiscal year
2010 funding for NAWCA at $50 million, an increase of $7.4 million from
the level appropriated in fiscal year 2009.

STATE WILDLIFE GRANTS

State Wildlife Grants fund is the Nation's core program for
preventing wildlife from becoming endangered, and supports a wide
variety of wildlife-related projects by State fish and wildlife
agencies throughout the United States. In order to receive Federal
funds through the State Wildlife Grants Program, Congress charged each
State and territory with developing an ``action plan.'' Every State and
territory submitted their wildlife action plan to the USFWS for review
(and approval) by the October 1, 2005 deadline. The State Wildlife
Action Plans are the result of a collaborative effort by scientists,
sportsmen, conservationists, and other members of the community. The
BCFC respectfully requests the subcommittee allocates $85 million for
fiscal year 2010, an increase of $10 million from the level
appropriated in fiscal year 2009.

INTERNATIONAL AFFAIRS WITHIN THE U.S. FISH AND WILDLIFE SERVICE

Wildlife Without Borders (WWB), which is within the USFWS Division
of International Conservation, is a mainstay of bird conservation in
Mexico, Central America, and the Caribbean. Since the termination of
the USAID funding to the National Fish and Wildlife Foundation for its
Neotropical Migratory Bird Program, funding for the WWB program is more
critical than ever. These programs, which typically leverage $4 for
every appropriated $1, are a foundation for long-term conservation
efforts, because they focus on developing in-country capacity. At this
time, there are four WWB programs, each covering an extensive area:
Latin America and the Caribbean; Mexico; Russia and East Asia; the Near
East, South Asia, and Africa. The BCFC respectfully requests the
subcommittee prioritize fiscal year 2010 funding at $21 million which
is an increase of $7.8 million from the level appropriated in fiscal
year 2009.

INTERNATIONAL PROGRAMS WITHIN THE USDA FOREST SERVICE

International Programs within the USDA Forest Service support an
array of extremely effective bird conservation projects with a
relatively small budget. Among these are restoration of Kirtland's
Warbler with programs in Michigan and the Bahamas, and conservation of
breeding habitat in Canada's Boreal Forest. The BCFC supports an
increase in funds which would expand and accelerate work on these
projects, as well as projects benefiting the rapidly declining Cerulean
Warbler and the mangroves and wetlands of Mexico's Sonora Coast and San
Pedro River watershed. The BCFC respectfully requests the subcommittee
provide $14 million for fiscal year 2010, an increase of $5.5 million
more than fiscal year 2009.

USGS AMERICAN BREEDING BIRD SURVEY (BBS)

BBS has been providing data crucial for migratory bird conservation
planning since 1966. Today, the BBS provides the foundation for
nongame, land bird conservation in North America with more than 3,200
skilled volunteer participants sampling 3,000 routes annually across
the continental United States and Southern Canada. The BCFC
respectfully requests the subcommittee provide this important program
with the highest possible level of funding.
Again, we thank you for your steadfast support of these critically
important programs.
Sincerely,
George Fenwick,
President,
American Bird Conservancy.
Mary Beth Beetham,
Director of Legislative Affairs,
Defenders of Wildlife.
Ellie M. Cohen,
President and CEO,
PRBO Conservation Science.
Robert Bendick,
Director, U.S. Government Relations,
The Nature Conservancy.
Thomas M. Franklin,
President,
The Wildlife Society.
______

Prepared Statement of the Biomass Energy Research Association
This testimony pertains to the Biomass Energy Research
Association's (BERA) recommendations for fiscal year 2010 (fiscal year
2010) in support of appropriations for the U.S. Department of
Agriculture (USDA) that are related to bioenergy. This includes the
conduct of bioenergy-related research by the Agricultural Research
Service (ARS) and the National Agricultural Statistics Service (NASS)
under Research, Education and Economics programs of the USDA. Also
covered are programs under USDA rural development and the USDA Forest
Service (FS) Forest Products Laboratory (FPL). In total, BERA
recommends that $157,000,000 be appropriated for fiscal year 2010 for
the specified efforts below. Specific line items are as follows:

USDA RESEARCH, EDUCATION AND ECONOMICS

$25,000,000 to support ARS new products/product quality/value added
to maximize production, harvesting, and storage of plants for bioenergy
purposes. The current budget proposes $11 million for bioenergy plant
R&D, with too little on high-yield energy crop development.
$20,000,000 to support environmental stewardship and facilitate
sustainable agricultural practices, particularly for the production of
crops and plants for the use of biofuels. This is an increase of $11
million more than the request of $9 million.
$5,000,000 to support agricultural estimates/bioenergy statistics
by the NASS, specifically related to bioenergy crop production and use.
This is an increase of $3.15 million over the current budget, which
includes only $1.85 million to establish data related to bioenergy
production and utilization.
$7,000,000 for the NASS agricultural chemical use program and its
restoration to enable support for sustainable production of crops and
plants for bioenergy.

USDA FS FPL

$20,000,000 to expand and continue microbial and biochemical
research at the USDA FS FPL to enable the application of biotechnology
in wood conversions, and to develop improved fermentation and other
technologies to convert low-grade wood cellulose into fuels and
chemicals.

USDA RURAL DEVELOPMENT

$80,000,000 to further support the Rural Energy for America Program
(REAP), specifically to include an additional $20 million for loan
guarantees under the Biorefinery Assistance Program (BAP).

BACKGROUND

On behalf of BERA's members, we would like to thank you, Mr.
Chairman, for the opportunity to present the recommendations of BERA's
board of directors for the high-priority programs that we strongly urge
be continued or started. BERA is a nonprofit association based in the
Washington, DC area. It was founded in 1982 by researchers and private
organizations conducting biomass research. Our objectives are to
promote education and research, development, and demonstration (RD&D)
of the economic production of energy and fuels from freshly harvested
and waste biomass, and to serve as a source of information on biomass
RD&D policies and programs. BERA does not solicit or accept Federal
funding for its efforts.
There is a growing urgency to diversify our energy supply, develop
technologies to utilize indigenous and renewable resources, reduce
United States reliance on imported oil, and mitigate the impacts of
energy on climate and the environment. The benefits will be many--
support for economic growth, new American jobs, enhanced environmental
quality, and fewer energy-related contributions to climate change.
Economic growth is fueled and sustained in large part by the
availability of reliable, cost-effective energy supplies. The import of
oil and other fuels into the United States is growing steadily, despite
increased volatility in supply and prices, especially petroleum and
natural gas. This creates an economic burden on industry and consumers
alike, and adversely impacts our quality of life. A diversified,
sustainable energy supply is critical to meeting our energy challenges
and maintaining a healthy economy with a competitive edge in global
markets. Biomass can diversify U.S. energy supply in several ways:
--Biomass is the single renewable resource with the ability to
directly replace liquid transportation fuels.
--Biomass can be used as a feedstock to supplement the production of
chemicals, plastics, and materials now produced from crude oil.
--Gasification of biomass produces a syngas that can be utilized to
supplement the natural gas supply, generate electricity, or
produce fuels and chemicals.
While biomass will not solve all our energy challenges, it can
certainly contribute to the diversity of our supply, and do so in a
sustainable way, while minimizing impacts to the environment or
climate. The Energy Independence and Security Act (EISA) of 2007
mandates increased use of alternative fuels, with a substantial portion
to come from cellulosic biomass. To meet the ambitious EISA goals will
require aggressive support for RD&D to move technology forward and
reduce technical and economic risk. We also support the energy
provisions of the American Reinvestment and Recovery Act of 2009
(ARRA), particularly those that provide loan guarantees for new plants
and research for renewable energy.
Biomass energy plantations that provide feedstocks for forest
biorefineries producing paper products as well as fuels and biopower
could make an important contribution to our energy supply while
providing a boost for rural economies wood also can be used instead of
petroleum and natural gas to produce many high-value products such as
plastics and chemicals. However, targeted research is needed to make
this a reality. Other cellulosic feedstocks, such as agricultural
residues and dedicated energy crops (short rotation poplar,
switchgrass) are expected to be a primary resource for bioenergy in the
future. However, research will be needed to overcome issues of
recalcitrance, low yields, cost-effective harvesting and storage, and
other challenges to ensure these resources are viable as future
bioenergy feedstocks. Some of this research is ongoing at the U.S.
Department of Energy; however, there is a strong role for R&D in this
area at USDA as well, particularly in harvesting and storage, and basic
plant science and breeding. Without additional targeted research with
significant Federal investment, the ambitious goals set by the RFS will
not likely be met, nor will the real promise of a bioindustry be
realized.

OVERALL BERA RECOMMENDATIONS FOR USDA BIOENERGY R&D

BERA's recommendations support key areas that will contribute to
sustainable forestry and agriculture, as well as the creation of viable
renewable resources as part of a diversified energy supply. Specific
recommendations are:
Support and Expand Bioenergy Energy Research by the Agricultural
Research Service (ARS) and FPL.--This important research is needed to
maximize production, harvesting, and storage of plants for bioenergy
purposes. While the focus is on R&D to effectively use energy crops and
residues and maximize their conversion to biofuels and bioenergy, there
is also the need to develop the production equipment and practices
needed to ensure a viable supply infrastructure at the large volumes
necessary for an expanded bioindustry. In addition to the existing
program, we are recommending research be initiated, in collaboration
with programs at the U.S. Department of Energy, on harvesting and other
production equipment as well as storage and transportation. This
research should include demonstration and validation of systems at the
appropriate scale needed to support the large volumes of biomass
feedstock needed meet the new RFS.
R&D is needed to enhance the use of energy crops and crop residues
as viable energy resources. We recommend that the major thrust be on
increased energy crop yields per acre, for both woody and herbaceous
crops. This effort should include research, development and some large-
scale (500-acre units) plantings of species/genomes selected through
R&D and assessment.
Support Sustainability in Agriculture and Forestry for Bioenergy.--
We recommend that research and development activities include a focus
on the ecological and environmental sustainability of using energy
crops and residues for bioenergy, including impacts to water, soil, and
the carbon balance. Definitive and long-term research is needed, and
should be initiated now, to understand the true impacts of removing
agricultural residues from the soil, increased burdens on the water use
and aquifers, and the potential environmental issues of increasing use
of fertilizers, pesticides, and other agricultural chemicals that may
result from residue removal. This research should go beyond models and
simulations to real world testing and monitoring of soil and water
conditions under residue removal scenarios. ARS is developing crops
that can thrive in variable and extreme environments to expand the
options for ensuring that food, feed, fiber, and biofuels production
can meet market demands despite the risks of climate change, and this
important focus should be maintained. Research should also focus on
developing mitigation strategies due to climate-driven pest outbreaks
as well as ensuring the adequate availability of water quantity and
quality under changing climatic conditions.
NASS Bioenergy Data Collection.--BERA requests that USDA increase
its support for new data collection activities related to bioenergy
crop production by NASS. Creating a baseline now will be critical to
understanding our progress in using bioenergy, the impacts on soil and
water, and the impacts on rural economies. It will also help us to more
accurately predict the future potential of biomass as an energy
resource, and the related impacts on crops for food and feed
production. It will enable farmers to judge the feasibility of energy
crops and have data available to select crops and operations based on
experience. Specific areas to be researched should include: data on the
production, stocks, and utilization of biomass materials and annual
maps of county-level crop production with overlays of major
transportation corridors, as well as current and proposed ethanol
plants.
Continue Rural Development Programs to Support Bioenergy.--The 2010
budget requests $68 million in discretionary funding for the Rural
Energy for America Program (REAP) that will support a program level of
$246 million for loan guarantees and $34 million in grants, a
substantial increase over 2009. This program is highly successful and
historically over-subscribed, requiring additional investments. We
advocate a substantial increase in funding to support the active
interest in this program and renewable energy sources, including
biofuels. This includes funding for biofuels under both REAP and the
Biorefinery Assistance Program (BAP), more than the mandatory funding
provided by the 2008 farm bill.

CONCLUSIONS

Expansion of the USDA programs as recommended by BERA enables a
considerably higher probability of significantly increasing the
contribution of biomass to primary U.S. energy demand through energy
crops, encouraging sustainable energy crop production, improving the
cost effectiveness and diversity of biomass resources for bioenergy,
and providing opportunities for rural development.
BERA recommends that all aspects of the feedstock infrastructure--
from sustainable production of high-yield crops to cost-effective
delivery of those crops to the bioenergy customer--be developed with
support from USDA, as outlined previously. While grain crops are a
viable solution for the near term for bioenergy, they do not provide a
sustainable solution at the large volumes needed to really impact our
energy use. Thus, BERA includes R&D recommendations to ensure the
availability of a wide diversity of non-food cellulosic feedstocks for
bioenergy, such as dedicated energy crops and agricultural residues,
while considering the challenges of environmental and societal
sustainability and maintaining the economic vitality of America's
farmers.
______

Prepared Statement of the Cooperative Alliance for Refuge Enhancement

Chairwoman Feinstein, Ranking Member Alexander, and members of the
subcommittee: Thank you for the opportunity to offer comments on the
fiscal year 2010 Interior, environment, and related agencies
appropriations bill. The National Wildlife Refuge System (NWRS) stands
alone as the only land and water conservation system with a mission
that prioritizes wildlife and habitat conservation and wildlife-
dependant recreation. Since 1995, the Cooperative Alliance for Refuge
Enhancement (CARE) has worked to showcase the value of the Refuge
System and to secure a strong congressional commitment for conserving
these special places. Located in every U.S. State and territory,
refuges conserve a diversity of America's environmentally sensitive and
economically vital ecosystems, including oceans, coasts, wetlands,
deserts, tundra, prairie or forests. We respectfully request a funding
level of $514 million for the operations and maintenance accounts of
the NWRS for fiscal year 2010.
This testimony is submitted on behalf of CARE's 22 member
organizations, which represent more than 14 million Americans
passionate about wildlife conservation and related recreational
opportunities.
--American Birding Association
--American Fisheries Society
--American Sportfishing Association
--Association of Fish and Wildlife Agencies
--Congressional Sportsmen's Foundation
--Defenders of Wildlife
--Ducks Unlimited, Inc.
--Izaak Walton League of America
--Marine Conservation Biology Institute
--National Audubon Society
--National Rifle Association
--National Wildlife Federation
--National Wildlife Refuge Association
--Safari Club International
--The Corps Network
--The Nature Conservancy
--The Wilderness Society
--The Wildlife Society
--Trout Unlimited
--U.S. Sportsmen's Alliance
--Wildlife Forever
--Wildlife Management Institute
CARE deeply appreciates the subcommittee's vision and leadership
regarding the funding increases realized in fiscal year 2008 and fiscal
year 2009 and the 2009 American Recovery and Reinvestment Act (ARRA).
While it does not reduce the annual needs of the Refuge System, the
ARRA will provide a jolt to local economies by providing refuges across
the country with the means to hire local contractors and purchase local
materials for important infrastructure and habitat restoration
projects. Following a period of essentially flat annual budgets, the
recent increases in annual appropriations allowed for the suspension of
workforce downsizing plans that called for an eventual 20 percent
reduction in overall staffing levels. But with more than 10 percent of
staff already eliminated since 2004, additional funding increases that
build upon the last 2 years are essential if this valued system of
conservation lands is to rebound to its full potential. With the goal
of fulfilling the progressive conservation vision that President
Theodore Roosevelt first espoused more than a century ago, CARE
respectfully requests a fiscal year 2010 funding level of $514 million
for the operations and maintenance accounts of the NWRS.
The $514 million for fiscal year 2010 is considered an essential
next step on a long path toward adequate funding. CARE is currently re-
assessing the budget and staffing needs of the NWRS and the analysis,
to be explained in our upcoming 2009 CARE report, shows the need for at
least $765 million and likely more by fiscal year 2013. This annual
funding is needed to properly patrol and enforce laws on 150 million
acres, provide nature programs to the public, complete habitat
restoration projects, address scores of mothballed mission-critical
projects, respond to the adverse impacts of climate change, and more.
An appropriation of $514 million in fiscal year 2010 would
stabilize the workforce by keeping the workforce downsizing plans
securely on the shelf and thereby reducing pressure on the U.S. Fish
and Wildlife Service (FWS) to cut refuge staff below already
insufficient levels. This funding level would enable FWS staff to
return to what they do best: protecting, restoring, and enhancing
America's wildlife and habitat, providing a haven for a growing list of
threatened and endangered species, and guaranteeing a positive
experience for more than 41 million annual visitors, whether hunting,
fishing, watching wildlife, or learning from educational programs.
Prior to fiscal year 2008, several years of appropriations failed
to even cover inflation for fixed costs. Simply to keep fuel in the
trucks, pay for rising utilities and building rent, allow for salary
adjustments and other fixed costs, the NWRS needs at least a $15
million annual increase.
While the appropriation for fiscal year 2008 and fiscal year 2009
helped immensely, too many visitors still show up to find roads and
visitor centers closed, viewing platforms and hiking trails in
disrepair, and habitat restoration and nature education programs
eliminated. Many prior years of inadequate budgets ballooned the
operations and maintenance backlog to $3.5 billion, where it hovers
still, and forced many refuges to cut staff.
Today, more than 35 percent of America's wildlife refuges have no
on-site staff; nobody to unlock the gates, teach the schoolchildren,
administer the hunting programs, or control the invasive weeds, let
alone recover endangered species or perform major habitat restoration
projects. Nonnative, invasive plants have infested more than 2.3
million acres (only 14.6 percent of this acreage was treated in 2008).
Further, a crippling deficiency of law enforcement officers has led to
a rise in illegal activities such as drug cultivation, plant and
wildlife poaching, smuggling through the southern border refuges and
many types of natural resource violations. Currently, only 205 full-
time law enforcement officers are tasked with responsibilities and
risks that the International Association of Chiefs of Police suggests
be tackled by a force of 845 professional officers.
When refuges are short-staffed, not only are activities inside
refuge boundaries affected, but refuge employees are unable to devote
sufficient attention to threats beyond refuge boundaries, such as water
rights disputes, upstream contamination, or encroaching developments.
Overworked staff cannot take advantage of land acquisition or easement
opportunities and conservation opportunities often slip away. When
staff levels are reduced to only one or a few people per refuge,
opportunities to partner with other interested stakeholders are lost,
dramatically and adversely affecting volunteer involvement and the
leveraging of additional dollars. For example, consider that the
relatively well-staffed San Luis Refuge Complex in central California
is often able to triple its annual budget through creative
partnerships. With this extra income, large-scale tree plantings are
restoring wildlife habitat and vacuuming up atmospheric carbon,
invasive species are being eradicated, waterfowl hunting programs are
thriving, and staff can more closely monitor outside threats to
resources such as water quantity and quality. This situation
demonstrates how much is possible when a critical mass of staff is able
to capitalize on funding and partnering opportunities, and just how
much is now being lost at most wildlife refuges today.
In addition to their integral role in American wildlife
conservation, refuges are critically important on local and regional
scales. Visitors in 2006 generated more than $1.7 billion in sales to
local economies, creating more than 27,000 U.S. jobs and $543 million
in personal income. While these figures are undeniably significant, it
is widely recognized that the NWRS's potential remains largely untapped
and unquantified. In addition to being local economic engines, the
sustainable use of natural resources on America's refuges provides
innumerable environmental benefits to communities. For example, many
refuges in urban or suburban settings filter storm water before it runs
downstream to municipal water supplies and, in many areas, reduce
flooding by capturing excess rainwater and attenuating coastal storm
surges. The vegetation on America's refuges captures atmospheric carbon
while natural filtration and sound water management promotes healthy
fisheries within and beyond refuge boundaries.
Of increasing importance, national wildlife refuges provide a way
for children to connect with the natural world. There is a refuge
within an hour's drive of most metropolitan areas in the United States.
As today's children spend more time inside on computers, watching
television or playing video games, the need for a place to bring our
younger generations to experience and explore the outdoors has never
been more important. Many refuges work with local volunteer
organizations such as ``Friends groups'' to provide environmental
education programs to local schools; but when budgets are tight, they
are often the first programs to be curtailed.
In a Nation with ever-shrinking natural areas, we must act quickly
to safeguard our unique natural heritage for the benefit of wildlife
and millions of present and future Americans. It was President Theodore
Roosevelt who reminded America that ``our duty to the whole, including
the unborn generations, bids us restrain an unprincipled present-day
minority from wasting the heritage of these unborn generations.'' CARE
agrees that 41 million annual visitors and all future generations
deserve the opportunity to see and appreciate 150 million acres of the
most visually stunning and biologically rich lands and waters in North
America. Simply put, the way to ensure a future with clean water,
thriving wildlife populations, and hunting and fishing opportunities is
to increase the NWRS's fiscal year 2010 appropriation to $514 million
and continue the restoration of America's commitment to healthy public
lands.
On behalf of our more than 14 million members and supporters, CARE
thanks the subcommittee for the opportunity to offer comments on the
fiscal year 2010 Interior, environment, and related agencies
appropriations bill and extends our sincere appreciation for the
subcommittee's strong commitment to the NWRS.
______

Prepared Statement of the Central Arizona Water Conservation District
The Central Arizona Water Conservation District (CAWCD) is pleased
to present written testimony regarding the fiscal year 2010 proposed
budget for the Bureau of Reclamation (BOR). Preparing testimony on the
fiscal year 2010 budget is somewhat hampered by the fact that the
President's complete budget request will not be delivered to Congress
until late April or early May. Therefore, our testimony is based on
past budget requests, the fiscal year 2009 omnibus appropriations bill,
and the summary version of the fiscal year 2010 budget request. CAWCD
may wish to add additional information or comments to this testimony
after the final version of the complete budget has been released.
CAWCD is a political subdivision of the State of Arizona, governed
by an elected 15-member board of directors. CAWCD was created in 1971
for the purpose of contracting with the United States to repay the
reimbursable construction costs of the Central Arizona Project (CAP)
authorized by the Colorado River Basin Project Act of 1968. CAWCD
subsequently assumed the responsibility for operating and maintaining
the CAP. CAWCD has and continues to meet its repayment responsibility.
In addition to a $175 million upfront contribution from CAWCD, BOR has
been paid about $820 million in principal and interest since repayment
began in January 1994.

BOR

CAWCD generally supports BOR's budget request. However, we believe
that there are opportunities in the Colorado River Basin to more
effectively use the limited funds available. The Colorado River system
is still feeling the effects of one of the most severe droughts in its
recorded history. In December 2007 BOR adopted new guidelines for
managing the Colorado River system reservoirs. The Guidelines include
Lower Basin shortage declaration and shortage sharing criteria. As the
largest junior water rights contractor in the Lower Basin, these
shortage criteria are essential for CAWCD to plan its water future. But
it is just as important that BOR act affirmatively to preserve, enhance
and more efficiently manage the Colorado River water supply.
Accordingly, it is imperative that BOR's Lower Colorado River
Operations budget include sufficient funds for structures and programs
to improve operational efficiency and augment supplies. We urge the
subcommittee to reorder priorities in BOR's budget to emphasize these
important strategies for the Lower Colorado River.

LOWER COLORADO RIVER WATER CONSERVATION

Specifically, we are concerned about the lack of concrete focus on
preserving storage capacity in Lake Mead by undertaking activities that
would augment water availability and improve system operational
efficiency.
Congress is well aware of the huge impacts that a multi-year
drought has imposed on this region, and of the significant drawdown of
stored water in the river's reservoirs that has resulted from this
drought. A significant amount of water has been released over these
years from Hoover Dam that could have been retained if effective
downstream strategies had been implemented.
One example of an effective strategy to save water is the
construction of an off stream regulatory storage reservoir near Drop 2
of the All-American Canal. This reservoir was identified as capable of
saving approximately 70,000 acre-feet of Colorado River water each
year. Construction of this critical reservoir is well underway using
contributed funds available from Southern Nevada Water Authority
(SNWA), the CAWCD and the Metropolitan Water District of Southern
California in exchange for a portion of the conserved water. The
estimated cost is about $172 million.

YUMA DESALTING PLANT (YDP)

Another effective strategy to conserve additional water is the
operation of the YDP. Unfortunately, we believe that BOR will not
request the funds necessary to operate the YDP. Every year that the YDP
remains idle results in the loss of more than 100,000 acre-feet of
Colorado River water, enough water to supply the annual water needs of
half a million people. BOR's budget justification concerning the YDP
continues to be disingenuous. BOR continues to say that the plant is in
``ready reserve'' status, but also states it would take 4 years and
adequate funding to have the YDP fully operational. Despite this
admission, none of the funding necessary to make YDP operational is
identified or requested. Decisions need to be made and resources need
to be applied to bring the YDP into actual operation. The
appropriations bill for fiscal year 2009 directed BOR to make the YDP
operational at one-third capacity by June 30, 2009 and to report
formally to Congress concerning the status of the YDP by September 30,
2009. At this late date in 2009, it is clear that BOR will not meet the
directive of operation at one-third capacity in 2009. Lessons learned
from the pilot operations in fiscal year 2007 identified what actions
are needed to make the plant fully operational. We believe that the
fiscal year 2010 budget request contains no requests for funds and no
stated intention to operate the YDP in the future. The Lower Basin
States, along with BOR, are developing alternate plans for one or all
of the States to fund the rehabilitation and operation of the YDP at
partial capacity. Nonetheless, it is the responsibility of the United
States to operate the YDP at full capacity to satisfy the Mexican
Treaty obligation without using additional system water. We urge the
subcommittee to direct BOR to make the YDP operational at one-third
capacity, to initiate regular operations as soon as possible, and to
seriously explore other opportunities to enhance the Colorado River
supply.

COLORADO RIVER AUGMENTATION

CAWCD would like to call the subcommittee's attention to the
provisions of sections 201, 202 and 203 of title 1 of the Colorado
River Basin Project Act of 1968 (Public Law 90-537). These provisions
call for studies and actions to augment the supply of water available
for distribution within the Colorado River Basin. These provisions
specifically make satisfaction of the obligations of the 1944 Treaty
with Mexico a national obligation and anticipate that such obligation
will be met through augmentation of the Colorado River supply. The
Seven Basin States (States) have completed a process, led and funded
primarily by the SNWA, to review previous augmentation studies and
evaluate new concepts. BOR participated in this process. A final report
was completed in fiscal year 2008. The States, using funding from a
variety of State and local organizations, are actively involved in
cloud seeding and control of nonnative, water-wasting plants, such as
salt cedar. At the very least, BOR needs to commit sufficient funds to
support implementation of some of these programs beginning in fiscal
year 2010. CAWCD recommends that at least $500,000 be committed from
BOR's overall appropriations for such activities as general planning,
research and development, or the Water for America Institute. CAWCD
urges the subcommittee to direct BOR to take action and provide funding
to fulfill the commitment Congress made 40 years ago to augment the
water supply in the Colorado River Basin.

TUCSON RELIABILITY

We believe BOR has requested almost $3 million in fiscal year 2010
for ``Tucson Reliability.'' We strongly support that request. The local
Reclamation office is working with CAWCD and the Tucson-area CAP water
users to identify the facilities necessary to provide those users the
same degree of CAP reliability enjoyed by CAP users in the Phoenix
area. We expect that the fiscal year 2010 funding will be sufficient
for Reclamation to determine the cost and cost sharing requirements for
a complete program. Once a complete program has been identified, CAWCD
is willing to address the associated increase in our repayment
obligation. It is time to determine what will be done concerning
``Tucson Reliability'' and allow the water providers to move ahead with
their plans.

LOWER COLORADO RIVER OPERATIONS PROGRAM

BOR's fiscal year 2010 budget request for the Lower Colorado River
Operations Program is anticipated to be about $20 million for the Lower
Colorado River Multi-Species Conservation Program (MSCP), which
includes just over $7 million from the non-Federal partners. The MSCP
is a cost-shared program among Federal and non-Federal interests to
conserve endangered species and their habitat along the Lower Colorado
River from Lake Mead to Mexico. CAWCD is one of the cost-sharing
partners. This program will provide habitat for threatened and
endangered species and, at the same time, allow current water and power
operations to continue. CAWCD supports BOR's budget request for the
Lower Colorado River Operations Program. This funding level is
necessary to support the MSCP effort as well as environmental measures
necessary to fully implement the interim surplus criteria for the Lower
Colorado River. These are critical programs upon which Lower Colorado
River water and power users depend.

INCREASED SECURITY COSTS FOR BOR HYDRO POWER FACILITIES

We continue to oppose the funding of post-9/11 increased security
costs for BOR facilities through hydropower rates. The increased costs
are being incurred for national security reasons, not project
maintenance or operation. Details of these costs must be kept secret
and cannot be disclosed like other data in Power Marketing
Administration rate cases, raising serious due process issues. Other
project beneficiaries are not and, in some cases, cannot be charged a
fair share of these costs. Congress should make these increased
national security costs nonreimbursable. We acknowledge and appreciate
efforts by Congress to cap these costs.

CONCLUSION

We have worked for more than three decades with the Congress and
all the succeeding administrations to make the CAP a reality, as
envisioned by Congress in the 1968 Act, and to ensure its contribution
to the economic welfare of the State of Arizona. Improving the ability
of the Lower Colorado River system to conserve and store precious
Colorado River water supplies is central to our mission and, we
believe, a core directive of the 1968 Act. The lengthy drought on the
Colorado River has proven the need for the CAP and the wisdom of
Congress in passing the 1968 Act. It is time to move forward to
aggressively accomplish the additional tasks that have been identified.
We look forward to working with the Congress, the BOR, the other
Federal agencies and the Basin States to get this additional work done.
______

Prepared Statement of the Children's Environmental Health Network

The Children's Environmental Health Network (CEHN) appreciates this
opportunity to comment on the fiscal year 2010 appropriations to the
Departments of Health and Human Services and Education for activities
that protect children from environmental hazards.
CEHN is seeking additional resources for the Office of Children's
Health Protection (OCHP), the Children's Environmental Health Research
Centers of Excellence, the Pediatric Environmental Health Specialty
Units (PESHU), and full funding of the Environmental Protection
Agency's (EPA) school environmental health programs as well as support
for the National Children's Study (NSC) and for efforts to protect
children in the child care setting.
CEHN appreciates the wide range of priorities that you must
consider for funding at the EPA. We urge you to give priority to those
EPA programs that directly protect and promote children's health. In so
doing, you will protect all populations as well as our environment.
CEHN is a national organization whose mission is to promote a
healthy environment and to protect the fetus and the child from
environmental health hazards. CEHN's board and committee members
include internationally recognized experts in children's environmental
health science and policy who serve on key Federal advisory panels and
scientific boards. We recognize that children, in our society, have
unique moral standing. CEHN was created to promote the incorporation of
basic pediatric facts such as these in policy and practice:
--Children's bodies and behaviors differ from adults. In general,
they are more vulnerable than adults to toxic chemicals.
--Children are growing. Pound for pound, children eat more food,
drink more water, and breathe more air than adults. Thus, they
are likely to be more exposed to substances in their
environment than are adults. Children have higher metabolic
rates than adults and are different from adults in how their
bodies absorb, detoxify, and excrete toxicants.
--Children's systems, including their nervous, reproductive,
digestive, respiratory and immune systems, are developing. This
process of development creates periods of vulnerability when
toxic exposures may result in irreversible damage when the same
exposure to a mature system may result in little or no damage.
--Children behave differently than adults, leading to a different
pattern of exposures to the world around them. For example,
they exhibit hand-to-mouth behavior, ingesting whatever
substances may be on their hands, toys, household items, and
floors. Children play and live in a different space than do
adults. For example, very young children spend hours close to
the ground where there may be more exposure to toxicants in
dust, soil, and carpets as well as low-lying vapors such as
radon, mercury vapor, or pesticides.
--Children have a longer life expectancy than adults; thus they have
more time to develop diseases with long latency periods that
may be triggered by early environmental exposures, such as
cancer or Parkinson's disease.
Clear, sound science underlies these principles. A solid consensus
in the scientific community supports these concepts. The world in which
today's children live has changed tremendously from that of previous
generations. There has been a phenomenal increase in the substances to
which children are exposed. According to the EPA, more than 83,000
industrial chemicals are currently produced or imported into the United
States. Thousands of chemicals are ubiquitous in our environment
worldwide. Traces of hundreds of chemicals are found in all humans and
animals. Every day, children are exposed to a mix of chemicals, most of
them untested for their effects on developing systems. Many of these
chemicals are readily passed across the placenta to the fetus, to the
infant via breast milk, or via food, toys and other children's
products. Many of these chemicals are also ingested in food and water.
Many also are absorbed by children through the lungs by respiration of
contaminated air.
We urge the subcommittee to provide the necessary resources for the
Federal programs and activities that help to protect children from
environmental hazards. The key programs that are in your subcommittee's
jurisdiction are listed below. We also urge the subcommittee to direct
the EPA to assure that all of its activities and programs--including
regulations, guidelines, assessments, and research--specifically
consider children. Our traditional approaches have been to use a one-
size-fits-all template, and that template is usually the healthy adult
male. The EPA's work must always assure that children and other
vulnerable subpopulations are protected, especially poor children,
minority children, farmworker children, and others at risk.

OCHP

Since 1997, EPA's efforts to protect children from environmental
hazards have been led by the OCHP, which was highly effective and well-
regarded. Funding for OCHP has been level, at approximately $6 million
since its creation. Even worse, over time the office's resources were
further diluted by the addition of new and unrelated missions, without
any increase in resources.
We strongly urge the subcommittee to provide additional resources
dedicated to children's health protection for the office, and to
restore a strong focus on children by the EPA.

CHILDREN'S ENVIRONMENTAL HEALTH RESEARCH CENTERS OF EXCELLENCE

The Children's Environmental Health Research Centers, funded by the
EPA and the National Institute of Environmental Health Sciences
(NIEHS), play a key role in providing the scientific basis for
protecting children from environmental hazards. With budgets of $1
million per year per center (unchanged over more than 10 years), this
program generates valuable research. A unique aspect of these centers
is the requirement that each center actively involves its local
community in a collaborative partnership, leading both to community-
based participatory research projects and to the translation of
research findings into child-protective programs and policies.
Researchers have chosen to participate in the center funding mechanism
because of the ability to do interdisciplinary research, to break
ground in a relatively new field and to be involved in the community--
all things that are not easy to do using other grant mechanisms. The
scientific output of these centers has been outstanding. For example,
four of the Centers had findings that clearly showed that prenatal
exposure to a widely used pesticide affected developmental outcomes at
birth and early childhood. This was important information to EPA's
policy makers in their consideration of this pesticide. Another recent
example is the finding of a biomarker in newborns for childhood
leukemia, firmly establishing the important role of prenatal
environment factors in causation of this disease.
Unfortunately, almost all of the existing 12 centers are currently
operating on no-cost extensions. We strongly support the center concept
and the value of a network of centers. We also support current efforts
by the EPA and the NIEHS to competitively renew and to expand this
valuable program by adding four formative centers. However, only five
of the existing centers are to be renewed. If centers are shuttered, we
will lose access to valuable populations such as children with asthma
or growing up with pesticide exposure in farm communities. We will lose
the ability to learn about issues like early puberty concerns,
exposures in school settings, and pre-adolescent and adolescent
outcomes.
Thus, we urge the subcommittee to appropriate at least $15 million
for EPA's share of funding to match the NIEHS contribution to assure
that an adequate number of centers (old and new) will have funding in
fiscal year 2010.

NSC

NSC is examining the effects of environmental influences on the
health and development of more than 100,000 children across the United
States, following them from before birth until age 21. This landmark
longitudinal cohort study--involving a consortium of agencies including
the EPA--will be one of the richest research efforts ever geared toward
studying children's health and development and will form the basis of
child health guidance, interventions, and policy for generations to
come.
This study may be the only means that we will have to find answers
to some key questions regarding links between exposures and health
effects on children. CEHN urges the subcommittee to fund EPA at a level
that provides the EPA with the resources it needs to participate in the
NCS as a lead partner. Past funding to EPA for the NCS was $1 million.

PEHSUS

A key, but dramatically underfunded, program is the PEHSU network.
Funded by the EPA and the Agency for Toxic Substances and Disease
Registry, the PEHSUs form a network with a center in each of the U.S.
Federal regions, plus one center in Canada and one in Mexico. PEHSU
professionals provide quality medical consultation for health
professionals, parents, caregivers, and patients. PEHSUs are also
dedicated to increasing environmental medicine knowledge among
healthcare professionals as well as providing information and resources
to school and community groups to help increase the public's
understanding of children's environmental health.
Last year, the entire program, covering the United States--10
centers-- received less than $2 million. Each center received only
$120,000, reduced from $132,000. These centers, all based in
universities, have done tremendous work, covering large geographic
areas, on these small budgets. As university budgets get tighter, the
need for Federal support of this program has increased. We urge the
subcommittee to restore EPA's funding for this vital program in fiscal
year 2010 to at least $200,000 per center.

SCHOOL AND CHILD CARE ENVIRONMENTAL HEALTH

Each school day, about 54 million children and nearly 7 million
adults--20 percent of the total U.S. population--spend a full week
inside schools. Thirteen million preschoolers--60 percent of young
children--are in child care. Unfortunately, many of the Nation's
121,000 public and private K-12 school facilities are shoddy or even
``sick'' buildings whose environmental conditions harm children's
health and undermine attendance, achievement, and productivity. In 1996
the then General Accounting Office reported that more than 13 million
children were compelled to be in schools that threatened their health
and safety. No data exist on the conditions in child care centers.
We urge the subcommittee to appropriate the $10 million authorized
for EPA under the healthy schools provisions of the High Performance
Green Buildings Act. This statute authorizes EPA to create Federal
guidelines on school siting and (advised by the Centers for Disease
Control and Prevention) school environmental health programs. This
statute also authorizes an important study of the impacts of green
schools on the health of children and communities.
These programs are especially vital in light of the ``stimulus''
funds for school modernization or renovation. The stimulus bill does
not require consideration of environmental health or children's health
and safety. Yet, without specific consideration of health, steps to
``green'' a school--such as increasing insulation at a school to
improve energy efficiency--can have unintended harmful side effects,
such as creating or exacerbating indoor air quality problems.
Millions of preschoolers--our youngest and most vulnerable
population--enter care as early as 6 weeks of age and can be in care
for more than 40 hours per week. Yet little is known about the
environmental health status of our child care centers nor how to assure
that they are protecting this important group of children. CEHN is
working to correct these gaps.
We ask the subcommittee to direct the EPA to report on their
activities to protect children from environmental hazards in child care
settings as well as to assess the EPA's needs for assuring that
children in these settings are protected from such hazards.
In conclusion, investments in programs that protect and promote
children's health will be repaid by healthier children with brighter
futures, an outcome we can all support. That is why CEHN asks you to
give priority to these programs.
Thank you for the opportunity to testify on these critical issues.
______

Prepared Statement of the Center for Plant Conservation

We respectfully request increased appropriations to a total of $10
million for the Bureau of Land Management (BLM) Native Plant Materials
Development Program (NPMD) and $5 million for the U.S. Forest Service
(USFS) NPMD Program. In addition we request $5 million in increased
funding for the endangered species program in the BLM to begin to
address dramatically increasing plant conservation needs. Further, we
request an increase of a minimum of $100 million in additional funding
for the U.S. Fish and Wildlife Service (FWS) Recovery Program budget to
help address the imbalance in funding for recovery plan development and
implementation for plants. We also appeal to the subcommittee to revise
the current definition of wildlife used in the State Wildlife Grant
Program, which excludes plants. Current guidance does not allow these
funds to be expended for projects whose main objective is recovery of
declining plants, and has further aggravated the imbalance in plant
conservation activities and availability of resources at the State
level.
The Center for Plant Conservation (CPC) is a conservation
organization whose mission is to conserve and restore the rare native
plants of the United States. We are a coordinated, science-based
network of 36 botanical institutions working for the recovery of our
most imperiled native species on public and private lands nationwide.
Our network represents a wealth of expertise and experience. Our
organization works through professional staff in botanical
institutions, hand-in-hand in productive partnerships for plant
conservation and recovery. We have provided match resources of nearly
$750,000 in our cooperative work with the BLM, USFS, and National Park
Service in the last few years, and implement approximately $3 million
in plant recovery research and restoration each year.
We rely on our public agencies as administrators of our public
natural resource laws, and stewards of our public land plant trust
resources. Public lands are instrumental in maintaining healthy
environmental systems and serve as a primary source of the increasingly
valuable natural resource plant biodiversity represents for the Nation.

NPMD PROGRAM

CPC regards the NPMD Program as one of the most significant public
works projects of our times, and has been an active partner for 5
years. The NPMD Program works to collect, develop, and distribute
native plant seed to agency partners and industry for increase and use
in Federal land restoration efforts following fire and other
disturbances. Expanding the variety and quantity of native plant
materials will create new business opportunities for the private
sector, reduce cost for Federal land restoration, and improve
availability for public and private uses.
In 2001, Congress directed the BLM and the USFS, working through
the Plant Conservation Alliance, to develop a long-term program to
manage this effort. The program is funded through ``burned area
rehabilitation program funds'' in both the Department of the Interior
BLM appropriations and the Department of Agriculture USFS (NFN3 line
item) in appropriations bills. Program success is contingent on
consistent and increased funding.
While seed collection has moved forward well, more work is needed,
as well as seed increase projects before seed can be released to the
commercial sector. These projects require several more years of effort
to reach target needs.
BLM developed a 10-year funding strategy, identifying a need for a
relatively modest $120 million from 2003-2012. In spite of great
progress, to date the BLM's NPMD Program has received only
approximately $32 million. The BLM strategy works with a nationwide
collaboration of partners to secure seed, and has engaged many
organizations. Positive collaborative partnerships for public lands
have been fostered nationwide, and partners have invested more than $5
million of non-Federal match, making the program cost effective. CPC is
one of the largest contributing partners in this important effort.
In addition to the fire rehabilitation program, other BLM programs
will benefit from improved native plant materials (oil and gas, range,
wildlife, and recreation) and current funding could be increased
through their fiscal participation. We request an appropriation of $10
million for the BLM NPMD Program appropriation. In the President's
budget $0 has been recommended for the USFS program. Abandonment of
this USFS program which has made significant progress in developing new
stocks for public and private benefit is fiscally wasteful. We request
continued funding for the USFS NPMD Program (line item NFN3 in their
budget) as well, in the amount of $5 million.

BLM PLANT CONSERVATION PROGRAM NEEDS

The President's energy plan will increase significant disturbance
of large areas of BLM lands for energy development. Challenges to the
integrity and productivity of BLM lands from invasive species and
global climate change have also increased potential impacts to
significant numbers of federally listed and BLM special status plant
species.
The BLM is one of our largest Federal landholders, and therefore
one of our most significant agencies in conserving plant biodiversity.
The CPC recognizes the leadership of the BLM in establishing a Plant
Conservation Program to take an integrated approach to these
significant issues. This agency needs increased funding to evaluate
impacts, secure wild populations, and plan and implement restoration
and management practices to preserve valuable plant biodiversity on the
262 million acres of BLM lands.
Additional botanists are needed for BLM field offices, as well as
funds to support planning and implementation of identified program
needs. We request an increase of $5 million in BLM Endangered Species
Program funds (approximately 2 cents an acre) to help address these
emerging needs, and recommend these funds be administered through the
Plant Conservation Program.
Given the extensive land holdings of BLM, they have a large
responsibility for plant biodiversity in the United States. Their Plant
Conservation Program has provided integrated programmatic leadership
and support for the rehabilitation and management of plant
biodiversity. This program would benefit from a dedicated sub-activity
within BLM appropriations for this valuable and innovative approach. A
dedicated sub-activity would provide stability for the program and
greater certainty for investing partners seeking long-term benefits.
This would increase the effectiveness of the program for management of
trust plant resources through increasing partnerships and resources.

FWS RECOVERY PROGRAM

Our federally listed plants are historically underfunded and
underserved in recovery programs. While 57 percent of the federally
listed species under the Endangered Species Act (ESA) are plants, they
historically receive only 3-5 percent of Federal agency expenditures
for listed species recovery.
Our research has demonstrated that approximately 75 percent of our
federally listed plant species have fewer than 100 individuals
remaining in the majority of remaining sites, and are at a high risk of
extinction within 20-25 years unless intervention is initiated quickly.
We have also shown that 87 percent of federally listed plant species
are very closely related to agronomically important species. Given the
high natural resource value of our wild plants for healthy air and
water, mediating global climate change, the raw material for plant
breeding in support of sustainable agriculture, and potential medically
and economically significant products, this imbalance presents a real
threat to the future economic well-being of our Nation. More botanists
and more dollars for recovery actions are needed.
As noted above, CPC renders tremendously valuable public benefits
in recovery efforts for our most imperiled plants, but we cannot garner
the resources to solve this problem for the Nation solely through
private efforts. The backlog of work needed to properly respond to
recovery needs for all federally listed species has been estimated to
be well more than $300 million.
An increase in the USFWS recovery program budget is needed to begin
to address the most critically imperiled plant and animal species. We
are requesting an increase of $100 million in the USFWS recovery
program budget. Further, we believe $80 million should be dedicated to
implementation of recovery activities for priority listed plant
species, which have been so long neglected. At least $20 million of
this appropriation should be designated for recovery for Hawaiian plant
species, as Hawaii has long been documented as our greatest national
treasure for plant biodiversity.
Thank you for the opportunity to present testimony regarding the
proposed Department of the Interior appropriations. We hope you will be
able to respond to these urgent needs for these valuable national
resources.
______

Prepared Statement of the Colorado River Board of California

This testimony is in support of fiscal year 2010 funding for he
Bureau of Land Management (BLM) for the subactivity that assists title
II of the Colorado River Basin Salinity Control Act (Public Law 92-
500). This successful and cost-effective program is carried out
pursuant to the Colorado River Basin Salinity Control Act and the Clean
Water Act (Public Law 92-500).
The Colorado River Board of California (Colorado River Board) is
the State agency charged with protecting California's interests and
rights in the water and power resources of the Colorado River system.
In this capacity, California and the other six Basin States through the
Colorado River Basin Salinity Control Forum (Forum), the interstate
organization responsible for coordinating the Basin States' salinity
control efforts, established numeric criteria in June 1975, for
salinity concentrations in the River. These criteria were established
to lessen the future damages in the Lower Basin States, as well as,
assist the United States in delivering water of adequate quality to
Mexico in accordance with Minute 242 of the International Boundary and
Water Commission. California's Colorado River water users are presently
suffering economic damages in the hundreds of million of dollars per
year due to the river's salinity.
The BLM's budget justification document has stated that the BLM
continues to implement on-the-ground projects, evaluate progress in
cooperation with the U.S. Bureau of Reclamation (USBR) and the U.S.
Department of Agriculture (USDA), and report salt retaining measures in
order to further the Plan of Implementation of Federal Salinity Control
Program in the Colorado River Basin. The BLM budget, as proposed by the
administration in the BLM budget justification document, calls for five
principal program priorities within the soil, water, and air management
Program. One of the priorities is reducing saline runoff in the
Colorado River Basin to meet the interstate, Federal, and international
agreements to control salinity of the Colorado River.
As you are aware, BLM is the largest landowner in the Colorado
River Basin. Due to geological conditions, much of the lands that are
controlled and managed by the BLM are heavily laden with salt. Past
management practices have led to human-induced and -accelerated erosion
processes from which soil and rocks, heavily laden with salt have been
deposited in various stream beds or flood plains. As a result, salts
are dissolved into the Colorado River system causing water quality
problems downstream.
Congress has charged Federal agencies, including the BLM, to
proceed with programs to control the salinity of the Colorado River.
BLM's rangeland improvement programs can lead to some of the most cost-
effective salinity control measures available. These measures
significantly complement programs and activities being considered for
implementation by the Bureau of Reclamation (Reclamation) through its
Basin-wide Program and by the U.S. Department of Agriculture through
its on-farm Environmental Quality Incentives Program.
In keeping with the congressional mandate to maximize the cost-
effectiveness of the salinity control program, the Forum at its meeting
in October 2008 in San Diego, California, recommended that Congress
appropriate $5,900,000 to BLM in fiscal year 2010 for activities that
help control salt contributions from BLM-managed lands in the Colorado
River Basin. In the past, BLM has used $800,000 of this funding for
proposals submitted by BLM staff to the BLM's salinity control
coordinator for projects that focus on salinity control. The Colorado
River Basin Salinity Control Advisory Council report states that the
BLM has now identified projects that in fiscal year 2010 could use $1.5
million. The Colorado River Board requests that Congress appropriate
$5,900,000 to BLM in fiscal year 2010. The Colorado River Board urges
the subcommittee to specifically designate $1,500,000 for the Colorado
River Basin Salinity Control Program as has been the direction to BLM
from the subcommittee in past years.
Since the congressional mandates of more than two decades ago, much
has been learned about the impact of salts in the Colorado River
system. Reclamation estimates that the quantified economic impacts and
damages to water users in the United States alone is about $376 million
per year. However significant unquantified damages also occur. For
example, damages can be incurred related to the following activities:
--A reduction in the yield of salt-sensitive crops and increased
water use for leaching in the agricultural sector;
--A reduction in the useful life of galvanized water pipe systems,
water heaters, faucets, garbage disposals, clothes washers, and
dishwashers, and increased use of bottled water and water
softeners in the household sector;
--An increase in the use of water for cooling, and the cost of water
softening, and a decrease in equipment service life in the
commercial sector;
--An increase in the use of water and the cost of water treatment,
and an increase in sewer fees in the industrial sector;
--A decrease in the life of treatment facilities and pipelines in the
utility sector;
--Difficulty in meeting wastewater discharge requirements to comply
with National Pollutant Discharge Elimination System permit
terms and conditions, an increase in desalination and brine
disposal costs due to accumulation of salts in groundwater
basins, and fewer opportunities for recycling and reuse of the
water due to groundwater quality deterioration;
--Increased use of imported water for leaching and the cost of
desalination and brine disposal for recycled water.
For every 30 milligram per liter increase in salinity
concentrations, there are an additional $75 million damages within the
United States. In addition, the Federal Government has made significant
commitments to the Republic of Mexico and to the seven Colorado River
Basin States with regard to the delivery of quality water to Mexico. In
order for those commitments to be honored, it is essential that in
fiscal year 2010, and in future fiscal years, that the Congress
provides adequate funds to BLM for its activities related to salinity
control in the Colorado River Basin.
The Colorado River is, and will continue to be, a major and vital
water resource to the 18 million residents of southern California,
including municipal, industrial, and agricultural water users in
Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego,
and Ventura Counties. Preservation and improvement of Colorado River
water quality through an effective salinity control program will avoid
the additional economic damages to users in California and the other
States that rely on Colorado River water resources.
______

Prepared Statement of the Colorado River Basin Salinity Control Forum

In support of $5,900,000 to assist in Colorado River Salinity
Control, title II from the soil, water, and air management effort, and
with support for the President's request for that activity. Also, a
request that $1,500,000 be spent on identified salinity control related
projects and studies.
This testimony is in support of funding for the Bureau of Land
Management (BLM) for the subactivity that assists the Colorado River
Basin Salinity Control Program authorized by the Congress. The BLM
budget, as proposed by the administration in the BLM budget
justification document, calls for five principal program priorities
within the soil, water, and air management program. One of these
priorities is reducing saline runoff to meet the interstate, Federal
and international agreements to control salinity of the Colorado River.
The BLM's budget justification documents have stated that the BLM
continues to implement on-the-ground projects, evaluate progress in
cooperation with the U.S. Bureau of Reclamation (USBR) and the U.S.
Department of Agriculture (USDA), and report salt-retaining measures in
order to further the Plan of Implementation of the Federal Salinity
Control Program in the Colorado River Basin. The Colorado River Basin
Salinity Control Forum (Forum) believes that fiscal year 2010 funds
appropriated by the Congress for the soil, water, and air management
program should be used, in part, for reducing saline runoff in the
Colorado River Basin.
The seven Colorado River Basin States, through the Forum, have
engaged the BLM in a partnership with the Basin States as has been done
previously with the two other Federal agencies implementing salinity
control in the Basin. The Forum has requested and the BLM has selected
a salinity control coordinator for this basinwide effort. This person
now serves with the two full-time coordinators in place for the USBR
and the USDA efforts. This enhanced working relationship has taken
advantage of the availability of Basin States' cost-sharing monies to
leverage Federal funds. The Forum is encouraged by the words in the BLM
budget document. The Forum supports the funding request for the soil,
water, and air management subactivity. As 1 of the 5 principal soil,
water, and air program priorities, the Forum believes that the BLM
needs to specifically target $5,900,000 to activities that help control
salt contributions from BLM managed lands in the Colorado River Basin.
In the past, the BLM has used $800,000 of the soil, water and air
program funding for proposals submitted by BLM staff to the BLM's
salinity control coordinator for projects that focus on salinity
control. The Colorado River Basin Salinity Control Advisory Council has
recognized that the BLM has now identified projects that in fiscal year
2010 could use $1.5 million. For years, Congress has dedicated $800,000
on the effort and now the Forum believes $1.5 million should be so
designated.
The success of the BLM in controlling erosion and, hence, salt
contributions to the Colorado River and its tributaries is essential to
the success of the Colorado River Basin Salinity Control Program,
including adherence to the water quality standards adopted by the seven
Colorado River Basin States and approved by the U.S. Environmental
Protection Agency (EPA). Inadequate BLM salinity control efforts will
result in very significant additional economic damages to water users
downstream. The Forum submits this testimony in support of adequate
funding so that the BLM program can move ahead at a pace that is needed
to sustain these water quality standards.

OVERVIEW

This testimony is in support of funding for a portion of the title
II program. The Colorado River Basin Salinity Control Program was
authorized by the Congress in 1974. The title I portion of the Colorado
River Basin Salinity Control Act responded to commitments that the
United States made, through a minute of the International Boundary &
Water Commission, to Mexico specific to the quality of water being
delivered to Mexico at the international boundary. Title II of the act
established a program to respond to salinity control needs of Colorado
River water users in the United States and to comply with the mandates
of the then newly enacted Clean Water Act. Initially, the Secretary of
the Interior and the USBR were given the lead Federal role by the
Congress.
After a decade of investigative and implementation efforts, the
Basin States concluded that the Salinity Control Act needed to be
amended. In response to the Basin States' requests, the Congress
revised the act in 1984 to give new salinity control responsibilities
to the USDA and to the BLM. That revision, while leaving implementation
of the salinity control policy with the Secretary of the Interior, gave
new salinity control responsibilities to the USDA and to the BLM. The
Congress has charged the administration with implementing the most
cost-effective program practicable (measured in dollars per ton of salt
removed). The Basin States are strongly supportive of that concept and
have proceeded to implement salinity control activities for which they
are responsible in the Colorado River Basin.
Since the congressional mandates of over two decades ago, much has
been learned about the impact of salts in the Colorado River system.
The USBR estimates that the quantified economic impacts and damages to
United States' water users alone is about $353 million per year and
there are very significant additional damages yet to be quantified.
Damages occur from:
--a reduction in the yield of salt sensitive crops and increased
water use for leaching in the agricultural sector;
--a reduction in the useful life of galvanized water pipe systems,
water heaters, faucets, garbage disposals, clothes washers, and
dishwashers, and increased use of bottled water, and water
softeners in the household sector;
--an increase in the use of water for cooling, and the cost of water
softening, and a decrease in equipment service life in the
commercial sector;
--an increase in the use of water and the cost of water treatment,
and an increase in sewer fees in the industrial sector;
--a decrease in the life of treatment facilities and pipelines in the
utility sector;
--difficulty in meeting wastewater discharge requirements to comply
with National Pollutant Discharge Elimination System permit
terms and conditions, an increase in desalination and brine
disposal costs due to accumulation of salts in groundwater
basins, and fewer opportunities for recycling due to
groundwater quality deterioration;
--increased use of imported water for leaching and the cost of
desalination and brine disposal for recycled water.
The Forum is composed of gubernatorial appointees from Arizona,
California, Colorado, Nevada, New Mexico, Utah, and Wyoming. The Forum
has become the seven State coordinating body for interfacing with
Federal agencies and the Congress in support of the implementation of
the Salinity Control Program. In close cooperation with the EPA and
pursuant to requirements of the Clean Water Act, every 3 years the
Forum prepares a formal report analyzing the salinity of the Colorado
River, anticipated future salinity, and the program elements necessary
to keep the salinities at or below the concentrations in the river
system in 1972 at Imperial Dam, and below Parker and Hoover Dams.
In setting water quality standards for the Colorado River system,
the salinity concentrations at these three locations have been
identified as the numeric criteria. The plan necessary for controlling
salinity and reducing downstream damages has been captioned the ``Plan
of Implementation.'' The 2008 review of water quality standards
includes an updated Plan of Implementation. The level of appropriation
requested in this testimony is in keeping with the agreed-upon plan. If
adequate funds are not appropriated, significant damages from the
higher salt concentrations in the water will be more widespread in the
United States and Mexico.

JUSTIFICATION

The BLM is, by far and away, the largest land manager in the
Colorado River Basin. Much of the land that is controlled and managed
by the BLM is heavily laden with salt. Past management practices, which
include the use of lands for recreation; for road building and
transportation; and for oil, gas, and mineral exploration have led to
man-induced and accelerated erosional processes. When soil and rocks
heavily laden with salt erode, the silt is carried along for some
distance and ultimately settles in the streambed or flood plain. The
salts, however, are dissolved and remain in the river system causing
water quality problems downstream.
The Forum believes that the Federal Government has a major and
important responsibility with respect to controlling salt contributions
from public lands. The Congress has explicitly directed specific
Federal agencies, including the BLM, to proceed with measures to
control the salinity of the Colorado River, with a strong mandate to
seek out the most cost-effective options. It has been determined that
rangeland improvements can lead to some of the most cost-effective
salinity control measures available. These salinity control measures
may be more cost-effective than some now being considered for
implementation by the USBR and by the USDA. They are very
environmentally acceptable as they will prevent erosion, enhance
wildlife habitat, increase dependable stream flows, and increase
grazing opportunities.
Through studying hundreds of watersheds in the States of Utah,
Colorado and Wyoming, consortiums of Federal and State agencies,
including the BLM, have selected several watersheds where very cost-
effective salinity control efforts could be implemented immediately. In
keeping with the congressional mandate to maximize the cost-
effectiveness of salinity control, the Forum is requesting that the
Congress appropriate and the Administration allocate adequate funds to
support the BLM's portion of the Colorado River Salinity Control
Program as set forth in the Forum's adopted Plan of Implementation.
______

Prepared Statement of the Columbia River Inter-Tribal Fish Commission

Dear Madam Chair and members of the subcommittee, the Columbia
River Inter-Tribal Fish Commission (CRITFC) is pleased to share its
view on the Department of Interior, Bureau of Indian Affairs' (BIA)
fiscal year 2010 budget and has specifically identified two funding
needs:
--$7,712,000 (an increase of $4,500,000 more than fiscal year 2009)
for Columbia River Fisheries Management under the Other
Recurring Programs, Wildlife and Parks, Rights Protection
Implementation areas to restore base program funding to the
Commission and the fisheries programs of its member tribes to
meet management obligations, including efforts for species
listed under the Endangered Species Act, and;
--$,4,800,000 (an increase of $2,530,000 more than the fiscal year
2009) for United States/Canada Pacific Salmon Treaty under the
Other Recurring Programs, Wildlife and Parks, Rights Protection
Implementation areas to restore base program funding and to
implement new obligations under the recent agreement adopted by
the United States and Canada under the Treaty.
CRITFC was founded in 1977 by the four Columbia River treaty
tribes: Confederated Tribes of the Umatilla Indian Reservation,
Confederated Tribes of the Warm Springs Reservation of Oregon,
Confederated Tribes and Bands of the Yakama Nation, and Nez Perce
Tribe. CRITFC provides coordination and technical assistance to the
tribes in regional, national, and international efforts to protect and
restore our shared salmon resource and the habitat upon which it
depends. The collective ancestral homeland of the four tribes covers
nearly one-third of the entire Columbia River Basin in the United
States.
In 1855, the United States entered into treaties with the four
tribes \1\ whereupon we ceded millions of acres of our homelands to the
United States. In return, the United States pledged to honor our
ancestral rights, including the right to fish. Unfortunately, a
perilous history brought the salmon resource to the edge of extinction
with 12 salmon and steelhead populations in the Columbia Basin listed
under the Endangered Species Act (ESA).
---------------------------------------------------------------------------
\1\ Treaty with the Yakama Tribe, June 9, 1855, 12 Stat. 951;
Treaty with the Tribes of Middle Oregon, June 25, 1855, 12 Stat. 963;
Treaty with the Umatilla Tribe, June 9, 1855, 12 Stat. 945; Treaty with
the Nez Perce Tribe, June 11, 1855, 12 Stat. 957.
---------------------------------------------------------------------------
Today, the CRITFC tribes' are leaders in fish restoration efforts
and work with State, Federal, and private entities. CRITFC's member
tribes are principles in the region's efforts to halt the decline of
salmon, lamprey, and sturgeon populations and rebuild them to levels
that support ceremonial, subsistence, and commercial harvests. To
achieve these objectives, the tribes' actions emphasize supplementation
of natural stocks, healthy watersheds, and collaborative efforts.
The programs in this testimony are carried out pursuant to the
Indian Self-Determination and Assistance Act. We have successfully
secured other funds to support our efforts, including funds from the
Bonneville Power Administration, the Pacific Coastal Salmon Recovery
Fund, and the Southern Fund of the Pacific Salmon Treaty, to name a
few. Our programs are integrated as much as possible with State and
Federal salmon management and restoration efforts. Following several
years of court-supervised collaboration our member tribes have
successfully forged three key 10-year agreements including a
coordinated plan for salmon restoration to meet the objectives for the
Biological Opinion on the Federal Columbia River Power System, while
ensuring protection of our treaty reserved rights.
Columbia River Fisheries Management Program Needs Under the Other
Recurring Programs, Wildlife and Parks, Rights Protection
Implementation.--Tribal natural resource funding is not keeping pace
with inflation. Funding shortfalls are undermining efforts to fulfill
tribal self-determination goals for fisheries management, ESA recovery
efforts, protecting nonlisted species, conservation enforcement, and
treaty fishing access site maintenance. Since fiscal year 2003, our
funding has decreased under the weight of inflation and rising
operation costs. We are seeking an increase of $4,500,000 more than
fiscal year 2009 for a new program base of $7,712,000 for Columbia
River Fisheries Management as explained below:
Restore Base Program and Meet Unfunded Program Needs.--The BIA's
Columbia River Fisheries Management line item is the base funding that
supports the fishery program efforts of CRITFC and the four member
tribes. Unlike State fish and game agencies, the tribes do not have
access to Dingell-Johnson/Pittman-Robertson or Wallop-Breaux funding.
Three million, six hundred thousand dollars of the increase will be
directed to support the core functions of the fisheries management
programs of the Commission's member tribes.
In 2008, CRITFC and its member tribes successfully concluded
lengthy negotiations resulting in three landmark agreements: (1) a
Columbia Basin Fish Accords with Federal action agencies overseeing the
Federal hydro system in the Columbia Basin; (2) a Ten-Year Fisheries
Management Plan with Federal, tribal, and State parties under United
States v. Oregon; and (3) a new Chinook Chapter of the Pacific Salmon
Treaty. These agreements establish regional and international
commitments on harvest and fish production efforts, commitments to
critical investments in habitat restoration, and resolving contentious
issues by seeking balance of the many demands within the Columbia River
basin. While the Accords commit substantial Federal resources to on-
the-ground actions, the responsibilities of the tribal programs to
fully implement the trio of agreements has grown significantly, but
without commensurate increases in base funding capacity.
The funding provided through the BIA to support tribal fishery
programs is crucial to the tribes' and CRITFC's ability to successfully
carry out these agreements by providing sound technical, scientific,
and policy products to diverse public and private forums. Lost buying
power through rising costs, inflation, and lack of pay-cost adjustments
to tribal funding has further challenged us to deliver these essential
services.
Compounding the challenges in successfully implementing these
agreements are the impacts that climate change will have on the
interior Columbia Basin and the tribe's treaty resources. The
University of Washington Climate Impact Group predicts new challenges
to salmon management due primarily to thermal effects and runoff timing
changes. The CRITFC is being asked to develop mitigation and adaptation
strategies on behalf of our member tribes. CRITFC and its member tribes
currently have insufficient funds to do the technical work and allow
policy-level participation in the co-management arena.
Public safety continues to be a high priority for CRITFC and the
four tribes. Unfortunately, in 2008 three tribal fishermen were lost
while exercising their treaty fishing rights. CRITFC conservation
officers were the cornerstone of the search and rescue, and
subsequently recovery, efforts. In the popular and heavily used
Columbia Gorge they provide the most continuous on-river presence for
both the tribal and nontribal community who depend on the river for
commercial, cultural, and recreational opportunities.
The Columbia River in lieu and treaty fishing access sites were
authorized by Congress to fulfill the promises beginning in 1939 when
the U.S. Government built the first of four Federal dams that flooded
traditional fishing sites and villages on the lower Columbia River.
After nearly 70 years, 29 sites are in place with one and perhaps two
more sites remaining to fulfill the Government's pledge. Eighteen of
the sites are along the Washington shores of the Columbia River between
Bonneville and McNary Dams. Tribal fishers from the four tribes use the
sites to support their harvest for ceremonial, subsistence and
commercial purposes. The sites vary with improvements including boat
launches, fish drying sheds, fish cleaning stations, and camping
facilities. The funding will assure that there will be sufficient
support for operation and maintenance of the sites through 2045.
United States/Canada Pacific Salmon Treaty Under the Other
Recurring Programs, Wildlife and Parks, Rights Protection
Implementation.--For tribal participants in the Pacific Salmon Treaty,
the U.S. section has identified a program need of $4,800,000 through
the BIA.
The United States and Canada entered into the Pacific Salmon Treaty
in 1985 to conserve and rebuild salmon stocks, provide for optimum
production, and control salmon interceptions. The treaty established
the Pacific Salmon Commission (PSC) as a forum to collaborate on
intermingled salmon stocks. The U.S. section of the PSC annually
develops a coordinated budget for tribal, State, and Federal programs
to ensure cost and program efficiencies. Congress increased funding in
2000 in order to implement the 1999 agreement, but funding has
significantly eroded since then, As of December 2008, the United States
and Canada have adopted a new long-term Treaty agreement after nearly 3
years of negotiations. Both parties agreed to significant new
management research and monitoring activities to ensure the
conservation and rebuilding of the shared salmon resource
The $4,800,000 provides for direct tribal participation with the
Commission, panels, and technical committees. The funding enables the
tribes to assist in Treaty implementation and facilitates management
coordination to protect trust resources. This funding maintains tribal
resource assessment and research programs structured to fulfill
required Treaty implementation activities. Reductions of $1,772,000 in
the fiscal year 2009 BIA base funding for Pacific Salmon Treaty
implementation is causing the tribes to limit participation in the
Pacific Salmon Treaty processes. We are currently seeking to restore
this capacity through reprogramming existing BIA funds in a manner
consistent with policy and law. The fiscal year 2010 recommended level
for this program is an increase of $686,000 more than the fiscal year
2008 enacted level and includes pay cost adjustments and brings the
program back in line with previous levels of participation.
Pacific Salmon Treaty obligations add significantly to the tribes'
administrative management, and research responsibilities. To
effectively implement the treaty, tribal representatives must meet
frequently to review technical information and develop informed policy
input for use by the tribes' Pacific Salmon Commission representatives.
These treaty-mandated responsibilities result in additional expenses
for the tribes. Because each of the 25 tribes covered by this funding
source is a separate government and manages its own fisheries, these
obligations require direct tribal involvement.
The tribal management programs provide needed and beneficial and
technical support to the U.S. section. The Pacific Salmon Commission
relies heavily on the various technical committees established by the
Treaty. The work of these committees is integral to the task of
implementing fishing regimes consistent with the Treaty and the goals
of the Parties. Numerous tribal staff appointed to these committees and
all of the tribal programs generate data and research to support their
efforts. For example, indicator stock tagging and escapement monitoring
provides key information for estimating the parties' annual harvest
rates on individual stocks, evaluating impacts of management regimes
established under the Treaty, and monitoring progress toward the
Chinook rebuilding program started in 1984. Select Chinook stocks from
major regions have been selected as ``indicator'' stocks to represent
all stocks that are the focus of the rebuilding program. Tribal
hatchery facilities are the source of several of these indicator stocks
and this funding provides support for this work.
In summary, through combined efforts of the four tribes supported
by a staff of experts, we are proven natural resource managers. Our
activities benefit the region while also essential to the U.S.
obligation under treaties, Federal trust responsibility, Federal
statutes, and court orders. We ask for your continued support of our
efforts. We are prepared to provide additional information you may
require on the Department of the Interior's BIA budget.
______

Prepared Statement of the Chugach Regional Resources Commission

The Chugach Regional Resources Commission (CRRC) requests that the
subcommittee restore $350,000 in recurring base funding in the Bureau
of Indian Affairs (BIA) Trust-Natural Resources budget. CRRC also seeks
an additional $150,000 to support the Alutiiq Pride Shellfish Hatchery.
CRRC is an Alaska Native nonprofit organization created by the
seven Villages of the Chugach Region (Tatitlek Village IRA Council,
Chenega IRA Council, Port Graham Village Council, Nanwalek IRA Council,
Native Village of Eyak, Qutekcak Native Tribe, and Valdez Native Tribe)
to address environmental and natural resource issues and to develop
culturally sensitive economic projects within our communities that
support the sustainable development of Alaska's natural resources. The
mission of CRRC is to work with our seven-member villages to promote
and develop sound economic resource-based projects and to work
collectively to address any natural resource- and environment-related
issues that affect the Native people of the Chugach Region.
The CRRC has received contractually obligated funding for its base
operations through a self-determination contract with the Department of
the Interior (DOI) since 1993. However, beginning in fiscal year 2003,
the BIA has repeatedly withheld or cut funding to CRRC, despite its
contractual obligations. The program was restored each year with the
help of Congress. However, the BIA attempted to discontinue CRRC's
contract in fiscal year 2008, forcing CRRC to begin litigation against
the BIA. While the BIA signed a legally binding agreement with CRRC to
comply with its contractual obligations, we fear we will be forced to
sue the BIA every year to obtain our legally obligated funding.
Funding History.--CRRC receives its base funding through a self-
determination contract with Interior. The Indian Self-Determination and
Education Assistance Act (Act), Public Law 93-638, authorizes the
Secretary of the Interior to enter into contracts with Indian tribes
and tribal organizations to deliver services that would otherwise have
been delivered by the BIA. CRRC entered into its original 3-year
contract in 1993, and that contract has been renewed by the Secretary
every 3 years since.
The act requires DOI to provide at least the amount the
``appropriate Secretary would have otherwise provided for the operation
of the programs'' supported by the contract (the so-called
``Secretarial Amount'') plus additional contract support costs. 25
U.S.C. Sec. 450j-1(a)(1)-(2). The act further specifies that DOI
generally cannot reduce the contract funding amount from one year to
the next. Despite this legal obligation to provide consistent annual
funding to CRRC through the contract, the BIA has repeatedly tried to
avoid its obligation by failing to request funding for CRRC in its
budget. The BIA has done so even after it signed a legally binding
agreement with the CRRC to restore it's funding under the contract. If
the BIA does not request this funding, it must take the funds from its
other programs to fulfill its legally obligated duty to the CRRC, which
would take money from other BIA programs. We ask Congress to restore
this funding to assist the BIA in meeting its legal obligation without
negatively impacting other BIA programs.
CRRC received funding as part of the BIA's base budget from fiscal
year 1994 through fiscal year 2002. Beginning in fiscal year 2003, CRRC
was not included in the BIA budget (despite its contractual
obligations), but the program was restored each year with the help of
Congress.
In fiscal year 2007, Congress again provided $300,000 for CRRC, but
the BIA seized on the absence of associated earmark language to
redirect CRRC's funding elsewhere in its budget.
In fiscal year 2008, the BIA not only sought to withhold all
funding, but in fact tried to terminate CRRC's contract. This is
illegal under the Self-Determination Act. CRRC filed suit to obtain an
agreement with the BIA that it will supply CRRC's legally-obligated
funding for fiscal year 2007 and fiscal year 2008. The BIA resolved
this lawsuit and agreed it would continue to provide funding to CRRC.
We ask Congress to add an additional $500,000 to the Natural Resource
Programs to ensure that other programs do not suffer because of the
BIA's obligation to CRRC.
Community Projects.--Over the past 16 years, CRRC funding has
supported the development and operation of many programs that have not
only assisted our communities in providing meaningful employment
opportunities, but also providing valuable services and products to the
State of Alaska, including:
--Alutiiq Pride Shellfish Hatchery.--CRRC operates the only shellfish
hatchery in the State of Alaska, the Alutiiq Pride Shellfish
Hatchery. The 20,000 sq. ft. shellfish hatchery, located in
Seward, Alaska, houses shellfish seed, brood stock, and algae
production facilities and employs three individuals. Alutiiq
Pride is undertaking hatchery, nursery, and grow-out operations
research to adapt mariculture techniques for the Alaskan
shellfish industry. The hatchery has also been successful in
culturing geoduck and razor clam species, and is working to
develop techniques to raise sea cucumbers.
--King Crab Research.--Recently, CRRC staff have begun conducting
scientific research on blue king crab and red king crab. This
research is part of a larger federally sponsored program, and
Alutiiq has led the way in culturing blue and red king crab as
part of the Alaska King Crab Rehabilitation Biology Project.
Because Alutiiq Pride is the only shellfish hatchery in the
State, CRRC is the only organization in Alaska that can carry
out this research.
--Natural Resource Curriculum Development.--Partnering with the
University of Alaska, Fairbanks, and the National Oceanic and
Atmospheric Administration, CRRC is developing and implementing
a model curriculum in natural resource management for Alaska
Native students, integrating traditional knowledge and Western
science. The goal of the program is to encourage more Native
students to pursue careers in the sciences. So far, there are
15 students enrolled in the program who have earned a total of
nine university credits each that can be applied toward a
certificate in natural resource management.
--Alaska Migratory Bird Co-management Council.--CRRC is a member of
the Council responsible for setting regulations governing the
spring harvest of migratory birds for Alaska Natives.
Hatchery Operations Funding.--CRRC also seeks annual funding of
$150,000 for hatchery operating expenses and research and development
funding to develop new shellfish species until we are self-sustaining.
Once the hatchery is self-sustaining, CRRC plans to expand its
production so that it can support some of CRRC's base operating costs.
Alutiiq Pride has been successful in culturing geoduck and razor clam
species but additional research and development funding is needed to
assist in the nursery, growth and marketing stages. In 2007, Alutiiq
Pride produced 4 million oyster seed. Production increased to 8 million
oyster seed the following year. Revenue from such sales, however, is
quite modest ($35,000). By comparison, the geoduck shellfish farming
industry is expected to grow rapidly and will produce more revenue. If
Alutiiq Pride can sell geoducks and razor clam seeds, the production
potential from only 2 million seed sales can approach $400,000--a
tenfold revenue increase.
The shellfish industry in Alaska has not yet grown to the point
where seed sales cover the cost of operations. Oyster sales have
matured and geoduck seed sales will coincide with the expected growth
of that industry. Until the hatchery is self-sufficient, expected in 2-
4 years, it requires operations, research and development funds if it
is to meet the State's growing demand for shellfish seed.
Budget.--CRRC's base operating funding supports the continued
operation of these community projects. The total operating budget for
CRRC, Alutiiq Pride, and all of our community projects is close to $2
million. Specific projects receive independent funding from sources
such as the Administration for Native Americans, Environmental
Protection Agency, NOAA, and the FWS. However, base operating funding
is essential to continue work on these projects. CRRC has been
immensely successful building several community programs and
partnerships by building on this base budget.
Our base budget is as follows:

------------------------------------------------------------------------
Projected cost
------------------------------------------------------------------------
Chugach Region Shellfish Mariculture Development........ $75,000
Oyster grow-out operations in Tatitlek
Oyster marketing
Nanwalek Sockeye Salmon Development Project............. 20,000
Seek funds for disease-free water engineering study
Operate smolt out-migration weir
Port Graham Pink Salmon Hatchery........................ 75,000
Broodstock development
Sockeye and pink salmon fry production
Training and education for hatchery crew
Program Development/Regional Office Operations.......... 180,000
One staff person/supplies/quarterly board meetings
Biological Professional Assistance
Project Development and Planning
GIS Mapping
Resource Evaluation and Management
---------------
Total direct costs................................ 350,000
Indirect cost (27.7 percent)............................ 96,950
---------------
Total projected base budget....................... 446,950

Alutiiq Pride Shellfish Hatchery Operations............. 150,000
---------------
Total............................................. 596,950
------------------------------------------------------------------------

We humbly request $500,000.
______

Prepared Statement of the Confederated Tribes of Siletz Indians

My name is Delores Pigsley. I am the Tribal Council Chairman for
the Confederated Tribes of Siletz Indians. The Siletz Tribe is an
active participant in the National Congress of American Indians (NCAI)
and we fully support the NCAI's fiscal year 2010 budget request. My
remarks highlight specific budget areas critical to our tribe's goal to
move from surviving and toward thriving as a tribal nation. To help you
understand this, I need to impart some history.
There was a time when our tribal ancestors knew only a life of
interconnectedness. They understood the cycle of life, they moved with
the seasons. Tribal values were embodied in ceremonies, songs, and
culture. Our people lived healthy, balanced lives. With the coming of
explorers and settlers this changed. Most of you are familiar with the
failed Federal policies of broken treaties, removal, assimilation, and
termination.
Tribes suffered great losses during these times--of people, land,
language, culture, religion, family structure, and self-governance--our
entire way of life. Tribal life was disrupted by so many traumas.
People often responded with unhealthy coping mechanisms: self-
medicating with alcohol and drugs, denial, depression, helplessness, or
violence. Over time these responses created intergenerational trauma in
tribal families. That trauma shows up today in rates for unemployment,
alcoholism, domestic violence, mental illness, infant mortality,
diabetes, heart disease, foster care, poverty, and other socioeconomic
risk factors that are higher than those found in other minority
populations and the general American population. For the Siletz Tribe,
the termination of our status as a federally recognized tribe in 1955
further amplified these impacts. For 22 years, we had no land base, no
government. We were not even officially allowed to call ourselves
``Indian.'' Against the odds, we retained our ties to one another and
to our original reservation and ancestral lands, and we fought hard to
reverse termination.
We won restoration of our status as a federally recognized tribe in
1977 and we have been working diligently ever since then to build an
effective tribal government and administration with programs that
respond to our people's many needs. I relate this history to you to
show you the enormity of the challenges facing tribes. We have 250
years of historic and recent trauma to overcome. The path to a
``thriving'' tribe will be guided by those cultural values that
protected us and allowed the tribe to survive through every challenge.
Supporting Tribal Governments.--Today, as a self-governance tribe,
under the authority of the Indian Self-Determination and Education
Assistance Act (ISDEAA), the Siletz Tribe compacts with the Federal
Government to administer trust programs to benefit our members.
However, Interior has never fully funded the contract support cost
(CSC) needed for personnel administration, financial management, and
procurement related to implementing programs. Instead, we cope with CSC
shortfalls by reducing direct service spending, using limited tribal
dollars, or sometimes we must forego compacting a program. It is
essential that the Bureau of indian Affairs (BIA) and Indian Health
Services (IHS) fully fund these costs for tribes to administer quality
services to tribal members.
Indian Child Welfare.--Historically, child welfare and human
services programs have been under-funded and tribal children have been
over-represented in the child dependency systems. The Siletz Tribe's
Indian Child Welfare (ICW) program is piecemeal funded, using seven
Federal and State funding streams, which means increased administrative
costs with different reporting requirements for each funding agency.
The ICW director and one case manager share 45 cases, while the State
of Oregon's standard is 16 cases per worker. Our ICW staff is in travel
status nearly every week to conduct home visits, appear in court, and
attend family decision meetings throughout Oregon, with additional
cases in California, Washington, and Idaho. We need at least one more
caseworker now, just to keep pace with the current caseload. The tribe
supports increasing ICW funding by $45 million so tribes can provide
adequate services to ensure safe and positive outcomes for our
children.
DHHS Behavioral Health Services.--Native youth and adult rates for
alcohol and substance abuse and mental illness are higher than the
national average. Yet DHHS's Behavioral Health Services has not funded
the Substance Abuse and Mental Health Services Administration (SAMHSA)
grant programs that cover alcohol and substance abuse prevention and
treatment and for mental health and treatment of mental illness. Tribal
clients compete with non-Indians for scarce State and county treatment
funding. Our alcohol and drug program clients are often on treatment
waiting lists for 4 to 6 months; on average, we have eight clients on
the waiting list at any given time. Like many States, Oregon is cutting
treatment services. Our tribe has one mental health worker to provide
services to adults and youth and he doubles as the tribe's youth
correctional liaison. The Siletz Tribe asks Congress to appropriate $15
million for SAMHSA Behavioral Health Services grants.
Juvenile Justice.--The tribe receives no on-going funds for youth
crime prevention or diversion services. Tribal youth must compete with
nontribal youth for access to State and county prevention programs. Due
to a $3.3 billion shortfall for the 2009-2011 budget, Oregon is cutting
back on open and closed custody detention beds. While the tribe's
preference is for prevention and treatment, we know that sometimes
detention is the only option. That being the case, we see the need for
culturally relevant regional tribal facilities. The Siletz Tribe
supports increasing the DOJ's Tribal Youth Program to $36,000,000 with
a 10 percent tribal set-aside and separate construction funds for
regional tribal juvenile facilities.
Public Safety.--Tribal law enforcement is terribly under-funded,
even though reservations experience high rates of violent crime.
Underfunding is worsened by the disparities in law enforcement funding
between non-Public Law 280 tribes and Public Law 280 tribes like
Siletz. The UCLA School of Law's National Native Law and Policy Center
has found that while Public Law 280 tribes constitute 8.2 percent of
the reservation-based Indian population, they received only 1.6 percent
of BIA law enforcement funds. This translated as $101.13 per capita for
non-Public Law 280 tribes and $19.40 for tribes whose lands were wholly
within a Public Law 280 State. State police services do not make up the
difference. The report concluded that Public Law 280 jurisdictions do
not receive sufficient support to operate their own police systems,
even though reservation residents report they are more satisfied with
services from tribal agencies.
This report validates the Siletz Tribe's experience. For a number
of years the tribe operated our own police department, using COPs
grant, Indian Housing Development Block Grant, and BIA Self-governance
funding. However, time-limited COPs funds ended and remaining funds
were insufficient to cover operations. In 2006 the tribe began
contracting with a nearby city police department to provide 120 hours
of coverage a week. While community members have expressed gratitude
for even this limited contract law enforcement presence, we would
prefer to have our own full-time tribal police department. The tribe
supports a 10 percent increase in BIA tribal law enforcement funding,
with continued increases until tribal programs are fully supported and
can offer decent public safety for all tribal people.
Endangered Species.--Siletz tribal lands currently support habitat
for three species listed as threatened under the Endangered Species
Act: marbled murrelet, northern spotted owl, and Oregon Coast coho
salmon. Before any ground disturbing activities can occur on Tribal
trust land, the tribe must conduct and evaluate surveys for each of
these species. We must then consult with either U.S. Fish and Wildlife
Service for the murrelet and owl or National Marine Fisheries Service
for the coho--and both agencies require extensive information prior to
consultation and ongoing monitoring. The tribe does not receive any
money from the Federal wildlife agencies or the BIA to carry out these
tasks. Yet we are not allowed to harvest timber, build houses or
conduct any other major ground disturbing activities on tribal trust
lands without performing those functions. This unfunded mandate
directly impacts our ability to govern our own affairs. The total
annual cost to employ a tribal biologist to carry out the needed
endangered species functions and to conduct other required surveys is
$115,000. In 2002, the budget contained $3,000,000 for all of the
required national endangered species work; funding began a steady
decline to just $1,228,000 in 2008. The Siletz Tribe recommends a
return to 2002 level of $3,000,000.
Natural Resources.--The tribe currently receives approximately
$23,000 a year in BIA forest development funds. This money must be used
for timber stand improvement activities like reforestation and pre-
commercial thinning, but it only covers about 80 acres of treatment
annually. Unfortunately, our current backlog of pre-commercial thinning
needs exceeds 1,000 acres. Failure to complete these projects puts
forest health and future timber revenues in jeopardy due to
overcrowding, insect attack vulnerability, and fire hazard. This has a
direct impact on Tribal self-sufficiency, because the Siletz Tribe,
like other Northwest tribes, relies heavily on our timber revenue.
Despite attempts to include funding for these types of projects in the
economic stimulus packages, no additional money has been allocated to
the BIA or to tribes to address the backlog. The Siletz Tribe needs at
least $250,000 to erase our current pre-commercial thinning backlog.
Nationally, tribal management/development should be funded at
$50,000,000 to support tribes in managing our resource
responsibilities.
Education.--The Siletz Tribe does everything we can to support
lifelong learning. Beginning with our smallest members, the Siletz
Tribe operates four Head Start Classrooms located in cities with major
tribal populations--one near the reservation and the others located 100
to 150 miles from the reservation where significant numbers of tribal
families live. Head Start funding has declined every year for 14 years
and the tribe has subsidized increasing administration costs each of
those years, budgeting $90,000 in tribal funds for 2009. Our program
has a waiting list every year. We recommend that you appropriate
$10,000,000 for Head Start. As for our older children, we note that a
2007 National Indian Education study found that fourth and eighth grade
Native students scored significantly lower than their peers for reading
and math. Yet Johnson-O'Malley (JOM) funding has been frozen at 1995
levels, which translates to $83,000 a year for the Siletz Tribe. This
does not cover staff time and services for our tribal children who are
located throughout an 11-county service area; the funds are used to
offer limited tutoring services. The tribe recommends that JOM be
funded at $24.3 million to address student needs. The tribe received
$175,000 in BIA funding for Higher Education for 2009 and supplemented
this with $600,000 of tribal revenues, yet these resources do not meet
the estimated need of $925,000. We strongly recommend $32,000,000 for
title III funding under the Higher Education Act.
Housing.--The tribe receives funding through an Indian Housing
Block Grant from HUD. Over the past 20 years, those funds have provided
for construction of 52 low rent and 83 home ownership units on
reservation land. Because many of our members reside off the
reservation, we also provide a housing voucher program for 80 tribal
families. Despite these accomplishments, we have 100 families on our
low rent waiting list, 82 on the voucher list, and 31 on the home
ownership list. The IHBG program addresses an essential need for tribal
families. We urge continued funding of $854,000,000 for this critically
needed program.
Health Services.--The Siletz Tribe manages our health programs
under a Public Law 93-638 Compact with DHHS. Our Contract Health
Services program struggles every week to determine the appropriate
level of care given the lack of resources to cover medically necessary
requests. Implementation of Medicare-Like Rates in 2007 gave us more
ability to cover priority-level care, but expansion of MLR to
outpatient services would benefit our CHS program even more. The Siletz
Tribe has committed more than $4 million of its own resources to a new
health facility. Adequate staffing and equipment dollars in the amount
of $3 million would enable the expansion of health services and
alleviate the reductions that were necessary due to inadequate
inflationary adjustments to our recurring budgets. IHS sustained $711
million in lost purchasing power during the past administration. The
Siletz Tribe recommends that Congress provide at least $469,781 to fund
mandatory costs associated with maintaining current services, and that
it restore the appropriation by providing adequate increases over the
next 2 fiscal years. We also recommend that you exempt the IHS budget
from ``across the board'' cuts. Finally, it is imperative to preserve
the basic health program funded in fiscal year 2010 by providing an
increase of at least $470 million to the IHS budget. This
recommendation is based on true inflationary rates developed using the
CPI's medical components. Anything less than $470 million will leave
IHS and tribal programs with no alternative but to cut health services
to Indian people. There simply is no other way for tribes to absorb
these mandatory costs.
In closing, I urge the subcommittee to give thoughtful review to
the NCAI Indian country fiscal year 2010 budget request, which would
provide tribes the resources needed to rebuild our tribal communities.
Thank you for your time; I would be happy to answer any questions.
______

Prepared Statement of the Confederated Tribes of the Warm Springs
Reservation of Oregon

SUMMARY

Madam Chairman, I am Ron Suppah, Chairman of the Confederated
Tribes of the Warm Springs Reservation of Oregon. I hereby present the
following requests for the fiscal year 2010 Bureau of Indian Affairs
(BIA) and Indian Health Services (IHS) appropriations:
--In BIA forestry, significantly increase the BIA basic Tribal
Priority Allocations (TPA) forestry budget.
--In BIA forestry projects, restore the $1 million cut to the Timber
Harvest Initiative (THI) and add $5 million for forest
development.
--In BIA, provide $5 million for endangered species funding,
including $2.3 million for Northern Spotted Owl and marbled
murrelet surveys.
--In BIA law enforcement, provide $750,000 for Warm Springs more than
fiscal year 2008 amounts.
--In BIA, fund Johnson O'Malley (JOM) at $25 million, Housing
Improvement Program (HIP) at $20 million, and welfare
assistance at $80 million.
--In IHS, increase contract healthcare funding by $110 million.
--In IHS, require that contract support cost (CSC) appropriations for
new contracts be used for those purposes, and increase CSCs by
$143.3 million.
--In BIA forestry, significantly increase the BIA basic TPA forestry
budget.
Madam Chairman, members of the subcommittee, BIA's basic TPA
forestry budget has steadily and seriously eroded. The administration's
BIA forestry requests over the past many years have failed to even keep
pace with inflation, so that today, this key trust program, which has a
long history of insufficient funding, is only falling further and
further behind.
In 2003, a blue ribbon independent review of Indian forests and
forestry, the 2003 Report of the Indian Forest Management Assessment
Team (IFMAT report), found that Indian forestry per-acre funding is
only one-third of that provided for the U.S. Forest Service's (USFS)
National Forest System (NFS). That represents no improvement over the
first IFMAT report, mandated by statute, issued in 1993, and presented
to Congress, which found the same level of disparity.
Over the past 5 years, inflation has increased 14.1 percent. Over
the same period, funding for BIA TPA forestry, which is supposed to
fund basic on-going timber harvest and forest administration, has only
increased 3.8 percent. BIA personnel continue to receive cost of living
increases, but those mandatory costs are not fully funded and eat up
more and more of the forestry program.
At Warm Springs, where the BIA directly administers our forest,
that has real and increasingly serious consequences. Eleven of the
BIA's 27 full-time forestry positions for Warm Springs are now,
essentially, permanently unfunded and, if the BIA forestry budget
continues on its now well-established trend of significantly lagging
mandatory cost increases, that will only grow worse. Fewer people are
being required to do more and more, and as they get spread thin, the
BIA's ability to sufficiently manage our forest has been declining. The
BIA's hands are full just trying to administer our forest on a day-to-
day basis, and there is no time or personnel to engage in the longer-
term planning that forests, particularly commercial forests, require.
The 2003 IFMAT 2 report identified an annual $120 million increase
as necessary to bring Indian forestry to parity with comparable USFS
activity. That is a large number. But I urge the subcommittee to review
the report and evaluate the differences between BIA forestry funding
and that for the NFS, and, working with the tribes and the BIA, fashion
a plan to correct the glaring and insupportable deficiency in BIA
forestry funding.
--In BIA forestry projects, restore $1 million cut to the THI and add
$5 million for forest development.
In fiscal year 2008 and fiscal year 2009, the administration cut $1
million from the BIA's $1.8 million THI Program, and the funds have not
been restored. The THI, carried in BIA forestry projects, in intended
as flexible funding to supplement timber harvest budgets and manpower
at tribal locations with harvest backlogs to provide a needed short-
term boost to eliminate the backlog and bring the reservation's forest
back into compliance with its management plan. But with the BIA regular
forestry budget lagging ever further behind, it is likely more forested
reservations will be unable to process their harvest and will try to
turn to the THI to try to make up some of the difference. Even if basic
BIA TPA forestry funding receives the substantial increase it requires,
the THI will still be needed at its previous full funding of $1.8
million to address backlogs and expedite sales, particularly when the
timber market recovers.
Also in forestry projects, we agree with the Intertribal Timber
Council that the forest development budget be increased by $5 million
to initiate a program to eliminate the million acre national forest
development backlog. The increase, along with the $1 million requested
for the THI, will begin the needed restoration of the forestry projects
line item, which has fallen from $17.8 million in fiscal year 2004 to
$17.6 million in fiscal year 2009, while inflation has increased by
14.1 percent.
The Forest Development Program is a national program to thin and
replant the 1 million acre backlog of Indian trust commercial timber
land in need of these activities. At Warm Springs, BIA has not been
able to reduce our forest development backlog of 60,000 acres due to
flat funding over the past 8 years. These functions are essential if
our timber stands are to be productive and healthy in the future.
Moreover, thinning is particularly needed if we are to avoid
catastrophic wildfire. Much of the Warm Springs' 440,000 acre forest,
including our 250,000-acre commercial forest, is overcrowded, loaded
with fuels and dead and dying trees. Current forest development
funding, in combination with BIA fuels reduction funds, falls woefully
short of being able to significantly reduce the wildland fire threat
that could devastate our principal economic resource. Finally, the
woody biomass produced by thinning operations will help provide fuel to
the 20 megawatt biomass electric generation facility we are developing
at our sawmill. So, for the current health of our forest and to foster
its future productivity, to help avoid a devastating wildfire and
contribute toward fulfilling the Federal trust responsibility, and even
to contribute to our local generation of renewable electricity, we urge
the addition of $5 million to the forest development budget starting in
fiscal year 2009.
--In BIA, provide $5 million for endangered species funding,
including $2.3 million for Northern Spotted Owl and marbled
murrelet surveys.
The Endangered Species budget item is the only BIA funding for
tribal Endangered Species Act (ESA) compliance for the Northern Spotted
Owl and marbled murrelet in tribal forests. Funding for this mandate
was initiated in fiscal year 1993 by this subcommittee. Fourteen years
ago in fiscal year 1995, Congress provided $1.83 million for tribes
affected by the Northern Spotted Owl and the marbled murrelet. In
fiscal year 2002, Congress provided a total of $3 million for the BIA's
national Endangered Species program. Since then, the administration has
succeeded in driving the appropriation down to the point that, in
fiscal year 2007, there was zero funding directed to reservation-level
ESA work anywhere in the United States.
For fiscal year 2008 and fiscal year 2009, Warm Springs deeply
appreciates the work of this subcommittee to restore $1 million for the
BIA's ESA program. We understand the BIA distributes that funding to
more than 31 locations nationwide, of which Warm Springs received
$45,000. Regretfully, that amount can only address a fraction of our
ESA needs, and is less than one-half of what we were receiving for the
Northern Spotted Owl back more than 12 years ago, without factoring in
inflationary adjustments.
For fiscal year 2010, we do not know what the administration may be
requesting for BIA endangered species mandates on Indian land, but Warm
Springs requests that the subcommittee provide at least $5 million for
the BIA Endangered Species budget nationwide, and that at least $2.3
million of that be designated for Northern Spotted Owl and marbled
murrelet surveys on affected reservations. These species are still
listed and ESA compliance is required for our forest management and our
timber harvest. I must also note that our reservation is affected by
listed spring Chinook and summer steelhead. Currently on our
reservation, these are pure unfunded mandates, and compliance either
goes lacking or other desperately needed services for our community
must be reduced. To correct this on a nationwide basis, we roughly
estimate that Indian country easily needs a total of $5 million in
fiscal year 2010 for ESA activities, with $2.3 million denoted for the
Northern Spotted Owl and the marbled murrelet.
--In BIA law enforcement, provide $750,000 for Warm Springs more than
fiscal year 2008 amounts.
Madam Chairman, the Warm Springs Tribe welcomes the $24 million and
$25.5 million increases this subcommittee has made to BIA law
enforcement for fiscal years 2008 and 2009, and we look forward to the
details on the law enforcement portion of the administration's
announced $100 million fiscal year 2010 increase for BIA law
enforcement and education. A wide array of criminal activity is
unfortunately rampant throughout Indian Country, and that includes Warm
Springs, where gangs, meth labs, and marijuana farms are a large and
persistent problem on our lightly patrolled reservation.
Beginning in the early 1960s, BIA shifted most of its law
enforcement support away from Warm Springs as our tribe began to assert
more jurisdiction and authority over reservation law enforcement. But
in more recently years, our diminishing tribal budget is sharply
reducing our ability to meet our reservation law enforcement
requirements. Warm Springs law enforcement needs are severe. Our tribal
police force is overextended. We desperately need assistance from BIA.
Unfortunately, we received little relief in fiscal year 2008's $24
million increase, and while we would like to remain optimistic about
more substantial participation in fiscal year 2009's omnibus increase
and the fiscal year 2010 increase, to assure we receive the increase
necessary to improve our basic law enforcement patrol and
infrastructure, we ask the subcommittee to direct that, for fiscal year
2010, Warm Springs BIA law enforcement be at least $750,000 more than
that provided our tribe for fiscal year 2008. This will adjust for
whatever further assistance we might receive for fiscal year 2009, and
make certain that, in fiscal year 2010, the BIA will be moving toward
adequate law enforcement service on our reservation.
--In BIA, fund JOM at $25 million, the HIP at $20 million, and
welfare assistance at $80 million.
Madam Chairman, we do not expect this administration to request the
elimination of funding for BIA's JOM education program, HIP, and
Welfare Assistance Program. We very much appreciate this subcommittee's
willingness to rebuff those past year proposals and restore those
funds. For fiscal year 2010, we urge that you fund JOM with at least
$25 million. These are the only BIA elementary and secondary education
funds available to the great majority of tribes, including those in the
Northwest, and they also are the only education funds subject to tribal
direction for tribal students in local public schools. The $25 million
will make up for the past administration's reluctance to fund JOM and
address the growth in the number of Indian school age children.
Warm Springs also urges that the BIA HIP be funded at least at $20
million and that Welfare Assistance be provided $80 million.
--In IHS, increase Contract Health Services (CHS) funding by $110
million.
The Warm Springs Tribe applauds the subcommittee for adding $46
million to IHS CHS for fiscal year 2009. Unfortunately, the program is
in such dire need that we ask in fiscal year 2010 for a further
addition of at least $110 million, as recommended by the National
Indian Health Board. With no IHS hospital in the Northwest, tribes in
our region are particularly dependant on CHS funding for at least
minimum healthcare. While we understand the new administration is to
request a substantial increase for IHS fiscal year 2010 funding, we do
not know any details, and so urge the subcommittee to add $110 million
to CHS for fiscal year 2010 in any event, to assure the reduction of
CHS healthcare rationing.
--In IHS, require that CSC for new contracts be used for those
purposes, and increase CSC by $143.3 million.
For years, IHS has declined a new 638 proposal from our tribe
because, they say, they have no contract support funds for new
contracts. Congress has appropriated funds for new contracts, but IHS
cites ambiguous language to thwart our request. So, we ask two things:
First, that IHS appropriations language be changed from ``may'' to
``shall'' to mandate that appropriations for new or expanded CSCs
``shall''--not ``may''--be used for new or expanded contracts. Second,
we ask that fiscal year 2010 IHS CSC be increased by $143.3 million, as
recommended by the National Indian Health Board, to allow ourselves and
other tribes to fully participate in the benefits of the Public Law 93-
638.
Thank you.
______

Prepared Statement of the Close Up Foundation

Mr. Chairman, my name is Timothy S. Davis, President and CEO of the
Close Up Foundation and I submit this testimony in support our $1.4
million appropriations request for the Close Up Insular Areas Program
that is funded through a grant from the Department of the Interior,
Office of Insular Affairs Technical Assistance account.
Close Up Foundation is a nonprofit, nonpartisan educational
organization dedicated to the idea that, within a democracy, informed,
active citizens are essential to a responsive Government. Close Up
works to include students from underserved communities to motivate them
to become active citizens through experiential learning activities.
The Close Up Insular Areas Program allows students and educators
from American Samoa, the Commonwealth of the Northern Mariana Islands,
Guam, the Federated States of Micronesia, the Republic of the Marshall
Islands, the Republic of Palau, and the United States Virgin Islands to
participate on Close Up's Washington civic education programs.
Additionally, the program provides for Close Up staff to work with
these communities in funding local civic education programs, providing
educational materials, conducting workshops and attending educational
conferences on the Islands.
For more than two decades, the Close Up Foundation has worked with
the Department of the Interior, Office of Insular Affairs to address
the civic education needs of insular area communities. Close Up is
proud of the work that has been accomplished in the Pacific and the
U.S. Virgin Islands where the name ``Close Up'' is synonymous with
civic education and government studies.
The goals of the Close Up's Insular Areas Program for students and
teachers are to:
--demonstrate how the United States' model of democracy functions and
to foster the interest, knowledge, and skills needed to
effectively participate in a democracy;
--address the academic needs of the insular areas and to provide
training and materials to improve teacher civic education
skills; and
--increase mutual understanding between the United States' diverse
citizenry with a special emphasis on public policy concerns and
culture.
The principal components of the Close Up Insular Areas Program are:
--participation of students from the islands under the jurisdiction
of the Department of the Interior, Office of Insular Affairs in
Close Up Washington High School Programs;
--participation of teachers from these jurisdictions in a parallel
Close Up Washington Program for Educators;
--participation of students and teachers in local-based civic
education programs; and,
--participation of students in a Close Up Student Civic Education
Forum at the annual Pacific Resources for Education and
Learning's Pacific Education Conference to be held this year in
July in Guam.
The program has had a significant effect on the education and world
experience of its thousands of participants and has had a significant
multiplier effect on the islands' education systems and populaces.
These areas suffer from geographic isolation and a depressed economy.
Close Up's civic education programs, in Washington and in the Island
communities, have helped thousands gain knowledge of governmental
processes and become active in improving the lives of their families
and their communities.
Recent Close Up surveys indicate that among Close Up Insular Areas
Washington Program student participants there was a 19 percent increase
in those who stated that they understood their islands' relationship to
the United States Government and a 23 percent increase in those with an
ability to explain their islands' political status.
Many Close Up Insular Affairs Washington Program students
participants continue their civic involvement back home. For instance,
the Guam Southern H.S. Close Up Club has organized numerous park clean-
ups and tree plantings and has worked with local branches of the
Salvation Army and Habitat for Humanity.
Each year since fiscal year 1988 Congress has appropriated funds
for the Close Up Insular Areas Program. During those two decades Close
Up Foundation has worked with the Department of the Interior, Office of
Insular Affairs to bring almost 4,000 students and teachers to
Washington as well as reaching countless thousands through our local
efforts.
Close Up Foundation respectfully requests an appropriation of $1.4
million for the fiscal year 2010 Close Up Insular Areas Program. Close
Up appreciated language inserted into the fiscal year 2009 omnibus
report requesting an increase of $200,000 for Insular student
educational travel. Due to this support from Congress, the Interior
Department increased the Close Up grant from $800,000 in fiscal year
2008 to $900,000 in fiscal year 2009. The increased funding is allowing
Close Up to provide the opportunity to participate in this program to a
greater number of students.
Unfortunately, the costs of conducting this valuable program have
skyrocketed as rising airfare, local transportation, food, and hotel
costs raise the costs of conducting the program. In recent years, Close
Up was able to conduct a fall Washington program that provided an
addition and an alternative to our traditional spring Insular Areas
programs. However, rising costs have made it impossible for Close Up to
conduct a fall program this year within the budget of the fiscal year
2008 grant and may render it impossible again with the fiscal year 2009
funding. Simply put, a level funded grant results in a decrease in the
number of students that can participate on the program.
The requested increase will be used to offset the skyrocketing
costs of conducting the program--especially in the areas of airfare,
food, accommodations and local transportation--and to expand the
program to meet the tremendous demand in the insular areas for greater
participation levels.
In order to combat rising travel costs Close Up is working to
increase its reach with local programming. While local programming
cannot replace the educational value or experience of the Washington
program it does provide a prudent way of using limited grant funds to
reach a greater number of students. Close Up is working with its island
partners to increase participation in its summer Student Forum and the
number of local ``mini-Close Up'' programs conducted by the various
Departments of Education.
Close Up asks that the Appropriations Committee be explicit in the
amount of funding to be provided to the Foundation from the Office of
Insular Affairs technical assistance account. This would add certainty
to the process and greatly lengthen the planning and fundraising
process for these civic education programs.
Close Up asks the Appropriations Committee to consider placing this
program on a forward-funded basis by doubling the grant amount for 1
year. The lengthened Federal budget process of recent years and the
accompanying later grant award dates has made it increasingly difficult
for the Foundation to secure airline seats and hotel accommodations on
a time- and cost-effective basis. Additionally, as Close Up delays in
announcing program dates to the islands communities it makes it
impossible for those communities to organize and raise funds--
leveraging the Federal grant--that would otherwise increase the level
of participation of students and their teachers.
For instance, prior to the passage of the fiscal year 2009 omnibus
appropriations bill Close Up was operating under a partial grant of
$333,333 from the Department of the Interior representing the prorated
share under the Continuing Resolution of the expected full grant
amount. To maintain its schedule, Close Up conducted Insular Areas
programs in February and March, prior to receiving the full grant
amount, in essence lending the funds in anticipation of a later award.
Close Up is now conducting an additional program in June as a result of
the $100,000 in increased funding provided in the final grant amount.
The timing of appropriations legislation and the Department's grant
process forces the Foundation to either move forward without the
guarantee of a Federal grant or delay programming.
Close Up is very proud of our long-standing involvement with the
Insular Areas and the impact that our two decades of work has made on
the civic life of these communities. Close Up is grateful to Congress
for its continued support of these programs and look forward to
continuing this program into the future.
______

Prepared Statement of the Civil War Preservation Trust

INTRODUCTION

Mr. Chairman and members of the subcommittee, thank you for the
opportunity to provide written testimony. My name is James Lighthizer,
and I am the president of the Civil War Preservation Trust (CWPT). I am
writing to respectfully request that the Senate Appropriations
Subcommittee for Interior, Environment, and Related Agencies fully fund
the Civil War Battlefield Preservation Program (CWBPP), financed
through the Land and Water Conservation Fund in the Department of the
Interior, at its authorized amount of $10 million.
I would like to start by providing a little information about our
organization. CWPT is a 55,000-member nonprofit organization--the only
national one of its kind--dedicated to preserving America's remaining
Civil War battlefields. To date, CWPT has permanently protected more
than 25,000 acres of hallowed ground in 19 States, most of it outside
National Park Service (NPS) boundaries.
I am writing to you about the small, but highly effective Federal
land conservation program that has made much of our success possible:
CWBPP. This matching grants program encourages cooperative partnerships
between State and local governments and the private sector to preserve
targeted, high-priority Civil War battlegrounds. Since it was first
funded in fiscal year 1999, the program has been used to protect more
than 15,300 acres of hallowed ground nationwide.
Time is running out for our remaining Civil War battlefields. We
estimate that even in this depressed economy, 30 acres of battlefield
land are lost every day. If we are to save these sites so that future
generations may visit them and learn from them, the time to act is now.
We estimate that in the next 5 to 10 years the fate of many of these
battlefields will be determined.

ORIGINS OF THE PROGRAM

In 1990, Congress created the Civil War Sites Advisory Commission
(CWSAC), a blue-ribbon panel composed of lawmakers, historians and
preservationists. Its goal: determine how to protect America's
remaining Civil War battlefields. In 1993, CWSAC released a study
entitled ``Report on the Nation's Civil War Battlefields.'' The report
identified the 384 most historically important Civil War battlegrounds
and further prioritized them according to preservation status and
historic significance. Sixteen years later, this landmark report
remains our guide for determining which battlefields should be
preserved.
In addition to creating a prioritized list of battlefield
preservation targets, CWSAC also recommended that Congress establish an
``emergency'' $10 million-a-year Federal matching grant program for
acquisition of battlefield land outside NPS boundaries. The intent of
the matching grants formula was to encourage private sector and State
and local government involvement in battlefield acquisition. CWSAC's
proposal for an emergency Federal matching grant program was the
genesis of the CWBPP.

CONGRESSIONAL FUNDING AND FIRST SUCCESSES

Five years after the ``Report on the Nation's Civil War
Battlefields'' was released, Congress acted upon CWSAC's recommendation
by setting aside $8 million from the Land and Water Conservation Fund
for Civil War preservation matching grants. This first appropriation
for the program was made available over 3 years, and required a 2 to 1
non-Federal/Federal match. Grants were competitively awarded through
the American Battlefield Protection Program (ABPP), an arm of NPS.
Funding was solely for acquisition of properties outside NPS boundaries
at battlefields identified in the 1993 report. Land could be purchased
from willing sellers only; there was--and there remains--no eminent
domain authority.
Thanks to the new program, there began an unprecedented and almost-
immediate surge in Civil War battlefield preservation. The $8 million
appropriation generated $24 million for land acquisition by encouraging
State and private investment in battlefield land protection. The
program inspired the Virginia and Mississippi legislatures to
appropriate $3.4 million and $2.8 million, respectively, to meet the
Federal match. CWPT alone contributed $4 million in private sector
funds to meet the match.
As a result of the non-Federal funds generated by the program,
battlefields like Virginia's Brandy Station and Manassas received a new
lease on life. In addition, other sites such as Prairie Grove in
Arkansas, Champion Hill in Mississippi, and Bentonville in North
Carolina--just to name a few--were substantially enhanced. Largely
because of the success of those first 3 years, Congress appropriated an
additional $11 million for the program in fiscal year 2002, this time
with a more attractive 1 to 1 non-Federal/Federal match requirement.

AUTHORIZATION OF THE CWBPP

After approval of the fiscal year 2002 appropriation, authorization
of the CWBPP seemed the next logical step. Supporters on Capitol Hill
felt that authorization of the program would convey to the Department
of the Interior congressional intent regarding the program's goals and
objectives. Further, authorization would provide funding predictability
for the program's non-Federal partners, encouraging them to continue
their involvement in battlefield preservation.
The authorization bill, entitled the Civil War Battlefield
Preservation Act of 2002, was introduced in the House and Senate in the
summer of 2002. The bipartisan bill formally tied the program to the
1993 CWSAC report, creating a Federal conservation program with a
highly focused, prioritized list of acquisition targets. It also
provided for an annual appropriation of up to $10 million per year--the
level originally recommended by CWSAC in 1993. The Civil War
Battlefield Preservation Act was passed with the unanimous consent of
both the House and Senate in the fall of 2002, and was signed into law
by President Bush on December 17, 2002 (Public Law 107-359).

ADDITIONAL SUCCESSES AND REAUTHORIZATION LEGISLATION

Since the program was first funded in fiscal year 1999, CWBPP
grants have been used to protect 15,300 acres of hallowed ground in 14
States. Among the many battlefields that have benefited from this
program are: Antietam, Maryland; Averasboro, North Carolina;
Chancellorsville, Virginia; Chattanooga, Tennessee; Corinth,
Mississippi; Harpers Ferry, West Virginia; and Perryville, Kentucky.
One of the program's most notable successes occurred in 2006, when
the Department of the Interior awarded a $2 million grant to help save
the Slaughter Pen Farm on the Fredericksburg Battlefield in Virginia.
This property, soaked with the blood of 5,000 men in blue and gray, was
nearly lost to industrial development. Five Medals of Honor were earned
by Union soldiers for heroism on that field.
Anticipating the expiration of the CWBPP's original authorization
on September 30, 2008, legislation reauthorizing the program was
introduced in June 2007. This legislation was nearly identical to the
original authorization bill, calling again for $10 million per year for
5 years. The bipartisan, noncontroversial reauthorization bill was
received very favorably on Capitol Hill--the legislation was ultimately
cosponsored by 108 Members of Congress and 33 Senators, including 8
members of the Senate Appropriations Committee.

CURRENT STATUS OF THE PROGRAM

Unfortunately, after nearly a decade of successes as a historic
preservation tool, the CWBPP hit an unanticipated snag in the past
year. Although the House passed the reauthorizing legislation (H.R.
2933) before the end of the fiscal year, the Senate was unable to do so
for reasons unrelated to the popularity of the program. As a result,
the CWBPP temporarily expired on September 30, 2008.
Due to the lapse in the program's authorization, and a sunset
provision that had been included in the original authorization
legislation, all monies unobligated when the program temporarily
expired, a total of $5.1 million, reverted back to the Treasury
Department. However, it is important to note that these monies were
only technically unobligated--in fact, grant applications for that
amount were in the pipeline when the program expired. In some cases,
these applications were within weeks of being obligated by the Interior
Department, and were held up because of technicalities.
There is currently $12.5 million worth of grant applications either
before ABPP or waiting to be submitted for consideration. Of these, 14
applications for $3.98 million in grants will consume entirely the
recently approved fiscal year 2009 appropriation for the program. The
remaining $8.5 million in land deals will have to be funded in fiscal
year 2010 or beyond.
It is important to note that these grant applications represent
actual land acquisition deals that are nearly all closed or under
contract by nonprofit organizations like CWPT. These are real deals
that would result in the preservation of more than 3,279 acres of
hallowed ground in Arkansas, Georgia, Kentucky, Minnesota, Mississippi,
North Carolina, Tennessee, and Virginia.
The good news is that, earlier this year, Congress acted to
officially reauthorize the CWBPP. The program's reauthorization was
included in the Omnibus Public Land Management Act of 2009 (H.R. 146)
which passed the Senate on March 19 by a vote of 77-20 and the House on
March 25 by a vote of 285-140. It was signed into law by President
Obama on March 30, 2009 (Public Law 111-11).

FISCAL YEAR 2010 AND FISCAL YEAR 2011 APPROPRIATIONS REQUEST

We respectfully ask the Senate Appropriations Subcommittee on
Interior, Environment, and Related Agencies to fully fund the CWBPP at
its authorized amount of $10 million. Please note that a letter signed
by 16 Senators was delivered to both the subcommittee and full
Committee. The Member letter requested that the program be fully funded
at its authorized amount of $10 million in fiscal year 2010.
However, we recognize that in these difficult economic times the
subcommittee may not be able to fully fund the program at its
authorized amount. Under these circumstances, we would ask the
subcommittee to consider alternate scenarios designed to help the
program recoup the technically unobligated but very-much-committed
monies lost when the program temporarily expired in the fall of 2008.
An ideal solution would be to appropriate at least $9 million for the
CWBPP in fiscal year 2010, which represents an additional $5 million on
top of the program's baseline $4 million average annual funding.
However, if such an appropriation in a single fiscal year is not
possible, we would ask the subcommittee to consider replacing the money
over a 2-year period, in fiscal year 2010 and fiscal year 2011. Such a
solution would result in annual appropriation of $6.5 million in each
of the next 2 fiscal years ($2.5 million a year more than the $4
million the program usually receives on average).
We feel this is a sensible approach since the $5.1 million that
reverted back to the Treasury was lost due to circumstances beyond the
control of the nonprofit sector. Further, reauthorization of the
program last month underscores that it was never the intent of Congress
to allow the program to lapse and lose the $5.1 million noted
previously. Please note that President Obama also requested funding for
the program in his fiscal year 2010 budget for the Department of the
Interior.

CONCLUSION

There is no question that the Civil War was a defining moment in
our country's history. For 4 long years, North and South clashed in
hundreds of battles that reunited our Nation and sounded the death
knell for slavery. More than 625,000 soldiers and 50,000 civilians
perished as a result of the war.
Preserved battlefields not only honor the memory of our Civil War
ancestors, but all of our Nation's brave men and women in uniform.
Further, preserved battlefields serve as outdoor classrooms to teach
new generations of Americans about the significance of the Civil War--
and remind them that the freedoms we enjoy today often came at a
terrific price.
I sincerely hope this subcommittee will consider our request to at
least fund the CWBPP at its annual average level of $4 million plus
replace the $5 million lost last year as the result of a technicality.
This is especially important as the Nation begins to prepare for the
upcoming sesquicentennial commemoration of the Civil War, beginning in
2011. The commemoration is expected to stimulate renewed interest in
the conflict and generate unprecedented visitation to preserved Civil
War battlegrounds. We look forward to working with this subcommittee on
battlefield protection and other historic preservation issues. Thank
you for the opportunity to provide testimony.
______

Prepared Statement of Defenders of Wildlife

Madam Chairman, Ranking Member, and members of the subcommittee,
thank you for the opportunity to submit testimony for the record.
Founded in 1947, Defenders of Wildlife has more than 1 million members
and activists across the Nation and is dedicated to the protection and
restoration of wild animals and plants in their natural communities.
We continue to be deeply grateful for the subcommittee's leadership
on climate change, and we ask that you maintain your excellent
leadership on this critically important issue. We thank the
subcommittee for the significant increase provided to the U.S.
Geological Survey (USGS) National Climate Change and Wildlife Science
Center in the final fiscal year 2009 bill and ask that funding be
increased by $10 million to $20 million for fiscal year 2010, and
gradually raised to $50 million annually by fiscal year 2013. The new
Center is developing well and will be a critical front in the battle to
help wildlife adapt to climate change, supporting research needs of
both Federal and State agencies in dealing with a threat in which we
have no analogous experience. Defenders also very much appreciates the
direction given to the Secretary of the Interior in the fiscal year
2009 bill ``to initiate development of a national strategy to assist
fish, wildlife, plants and associated ecological processes in becoming
more resilient, adapting to, and surviving the impacts of climate
change'' in consultation with other Federal agencies, States, tribes,
and other stakeholders and with the assistance of a science advisory
board. We urge the subcommittee to exert its oversight authority to
monitor this effort, to continue the direction in the fiscal year 2010
bill, and to provide $5 million to ensure that the Secretary has the
resources to effectively work with other agencies and stakeholders to
achieve this critically important mission. Finally, while we still
await the details of the President's budget, we were very pleased that
funding for adaptation of fish, wildlife, and habitats to climate
change was among the priorities for the Department of the Interior, and
we support the requested $130 million increase.
Defenders thanks the subcommittee for its efforts to restore the
operational capacities of the natural resource management and science
agencies that were decimated for a number of years and to fully fund
fixed costs which typically increase by 3-5 percent yearly, and we urge
you to continue this progress. Robust operational accounts for the
agencies will become increasingly important as our Nation fights to
protect wildlife from the ravages of climate change. Our primary
concerns are with the programs of the U.S. Fish and Wildlife Service
(FWS), our Nation's premier agency for the conservation of wildlife and
habitat, and wildlife-related programs in the other natural resource
management and science agencies as detailed below. We know that the
subcommittee must operate within the constraints of its 302(b)
allocation, but we ask you to do as much as possible.
We urge the subcommittee to continue to rebuild the FWS which has
suffered substantial losses in both staffing, an 8 percent reduction
from 2004-2007, and capability to carry out important projects. We are
particularly concerned about the loss of biological capacity and
research grade scientists in the FWS. We urge the subcommittee to
provide the following increases:
--To address the needs of our Nation's most vulnerable plants and
animals, a total of $217 million for the endangered species
operating accounts, an increase of $59 million more than fiscal
year 2009, allocated as follows: $15 million for candidate
conservation, an increase of $4.3 million; $32 million for
listing, an increase of $12.7 million; $95 million for
recovery, an increase of $20.4 million; and $75 million for
consultation, an increase of $21.5 million. These amounts will
help FWS to make progress on listing the 252 candidates
awaiting protection under the Endangered Species Act (ESA),
overseeing recovery of listed species, adequately addressing
the workload of consultations, and effectively monitoring
hundreds of Habitat Conservation Plans covering millions of
acres and Federal projects subject to section 7 consultation.
We further ask the subcommittee to work with the new
administration to develop a schedule for determinations on the
current candidate list.
--To continue efforts to restore the integrity of the National
Wildlife Refuge System (NWRS), a total of $514 million, an
increase of $51.1 million more than fiscal year 2009. The
recommended level for fiscal year 2010 will allow incremental
progress toward a yearly level of at least $765 million needed
to allow the NWRS to achieve the mission set forth in the
landmark 1997 National Wildlife Refuge System Improvement Act,
as recommended by the diverse coalition of 23 national
conservation, sporting, and scientific organizations in the
Cooperative Alliance for Refuge Enhancement.
--To restore the ``Thin Green Line'' held by the Office of Law
Enforcement (OLE) between federally and internationally
protected animals and plants and the ruthless poachers and
smugglers who traffic in them, a total of $72.8 million, an
increase of $10.1 million, to support hiring, training and
equipping 24 special agents, 10 additional port inspectors, 12
critically needed scientists for the forensics laboratory and
to support recent amendments to the Lacey Act to ban
international imports of illegally sourced timber and plant
products. The special agent force plunged to a 30-year low in
2008. Continued attention must be paid to this issue since, on
average, 14 agents are lost yearly through attrition--even with
the addition of a new class of 24 every 2 years, the force
still would suffer a net loss of 4 agents over that same time
period.
--To build the international affairs program, a total of $21 million,
an increase of $7.8 million, that will support boosts to the
regional Wildlife Without Borders programs, implementation of
treaties for which the program currently receives little
funding, listing, and permitting actions to address a backlog
of foreign species awaiting ESA protection, and replacement of
key personnel. We are pleased with the subcommittee action in
the fiscal year 2009 bill to move international affairs out of
general operations and establish it as a separate subactivity
under the same activity as migratory bird management and the
OLE.
--To support the Migratory Bird Management program in halting the
decline of migratory birds, a total of $61.2 million, an
increase of $15.3 million, that will allow for implementation
of completed plans for focal species and continued development
of plans for the rest of the 139 focal species, enhanced
inventory and monitoring including increased costs for
operations of survey planes, ``Urban Conservation Treaties''
that aid participating cities in reducing migration hazards and
conserving birds, increased permitting demands under the Bald
and Golden Eagle Protection Act, and the Joint Venture program.
--To provide for critical FWS grant programs, a total of $85 million
for the State and Tribal Wildlife Grant program (STWGP), an
increase of $10 million; $110 million for the Cooperative
Endangered Species Fund, an increase of $34.5 million; $6.5
million for the Neotropical Migratory Bird Conservation Fund,
an increase of $1.7 million; and $15 million for the
Multinational Species Conservation Fund, an increase of $5
million. The STWGP was established to serve the Federal
interest by conserving species before they decline to the point
where they need ESA protection. As always, we appreciate the
subcommittee's strong oversight of the implementation of the
action plans created through STWGP and ask that it be
continued.
The multiple-use lands of the Bureau of Land Management (BLM) and
the U.S. Forest Service (USFS) are becoming increasingly crucial to the
conservation of wildlife and habitat in the United States. Yet these
agencies lack the resources and adequate tools to fulfill this
important aspect of their multiple use missions. Staff of the BLM and
USFS declined 9 percent and 35 percent, respectively, under the prior
administration. In particular, given the recent order by the Secretary
of the Interior to promote development of renewable energy on public
lands, the availability of resources to ensure ability to maintain
sustainable wildlife populations as this effort proceeds is absolutely
crucial. To begin to fill this gap, we urge the subcommittee to provide
the following amounts:
--For BLM Wildlife and Fisheries Management, a total of $66.1
million, an increase of $17.6 million more than fiscal year
2009 and for BLM Threatened and Endangered Species Management,
a total of $33.2 million, an increase of $11.5 million. These
increases would support needed recovery efforts for threatened
and endangered species on BLM lands; additional staff;
monitoring and habitat restoration for species at risk;
restoration of fish passage; inventory and improvements for
wetlands, lakes, and streams; and other critical needs.
Defenders understands that the practice of diverting 30 to 50
percent of program resources to pay for compliance activities
of BLM's energy, grazing, and other nonwildlife-related
programs continues despite efforts by the subcommittee to
correct it. We appreciate the subcommittee's work on this issue
and ask that efforts to address this harmful practice be
redoubled, including consideration of a review by the
Government Accounting Office.
--For the BLM Challenge Cost Share (CCS) program, a total of $29.3
million, an increase of 19.8 million, with the entire increase
directed to wildlife. Given the diversion of resources in the
other programs, CCS is the primary means through which
proactive wildlife conservation work is accomplished.
--For BLM plant conservation, a total of $26 million, an increase of
$21.4 million. Defenders appreciates the decision by the
subcommittee to transfer the funding for the native plant
materials development program out of wildland fire management
and into the wildlife account in the fiscal year 2009 bill. We
ask that this move be a first step in establishing a separate
plant conservation activity or subactivity that would encompass
both a program to conserve sensitive plants on BLM lands and
the Native Plant Materials Development program. The amounts
recommended above would provide $5 million for the Plant
Conservation program, $15 million for the Native Plant
Development program, and one time construction funding of $6
million for seed storage facilities.
--For BLM resource management planning, a total of $52.5 million, an
increase of $4.4 million more than fiscal year 2009; for USFS
land management planning, a total of $58.8 million, an increase
of $10 million; and for USFS inventory and monitoring a total
of $175 million, an increase of $7.4 million. Science-based
planning, including targeted monitoring and state-of-the-art
analysis, is fundamental to effectively conserve fish and
wildlife on BLM and USFS lands. We ask the subcommittee to
consider directing or encouraging the two agencies to
cooperatively link species and ecosystem data collection,
analysis, planning, and decisionmaking processes in meaningful
and cost-efficient manners.
--For BLM Landscape Scale Habitat Conservation/``Healthy Lands,'' a
total of $30 million, an increase of $25 million to support the
BLM in addressing large-scale regional planning and
conservation efforts at the landscape level. Related to the
item previously mentioned, this funding potentially could be
targeted for interagency efforts to incentivize needed cross-
cutting work across levels of government and land ownerships.
--For USFS forest and rangeland research R&D programs, $260.8
million, an increase of $25.2 million that includes $30.3
million for Global Change Research and $35.5 million for Fish
and Wildlife R&D. These amounts are needed to provide on-the-
ground forest managers with decision support tools that enable
effective and efficient fish and wildlife management, and
assist them in understanding the impacts of climate change on
forests, and identifying adaptive management strategies that
help forests and wildlife survive increasing stresses.
--For USFS wildlife and fisheries habitat management, a total of
$197.4 million, an increase of $58 million. With the exception
of the increase provided in the fiscal year 2009 bill, this
program was flat funded for 7 years, falling far behind.
The core of scientific expertise regarding fish, wildlife and
plants within the Department of the Interior is found within the
Biological Research Discipline (BRD) of USGS. BRD scientists are
responsible for research, development of analytical tools, and sharing
of information needed to manage and conserve these biological
resources. However, support to carry out these activities and to ensure
adequate scientific staff and expertise has steadily eroded over the
last 8 years. Restoring funding to these programs is essential so that
BRD can provide the natural resource management agencies with the
scientific expertise, analysis and information necessary for
conservation of fisheries and wildlife populations and habitat. To meet
these needs, we urge the following increases:
--For the BRD Research and Monitoring Program, a total of $155
million, an increase of $8.6 million more than the fiscal year
2009 level. Over the last decade, this program has declined 12
percent when adjusted for inflation and increases are needed to
(1) identify factors that contribute to or limit conservation
and recovery efforts for terrestrial plant and wildlife
species-at-risk; (2) institute an adaptive science approach to
support the management of terrestrial plants and wildlife and;
(3) provide technical assistance to natural resource managers.
--For the BRD Cooperative Fish and Wildlife Research Units (CFWRUs),
a total of $20 million, an increase of $3.1 million.
Approximately one-fifth of all CFWRU scientist positions are
vacant, and these amounts are needed to restore this true
Federal/State/university/private partnership that leverages
more than $3 for every appropriated $1.
We urge the subcommittee to continue restoration of the Land and
Water Conservation Fund (LWCF) and urge a total of $450 million for
fiscal year 2010, $325 million for Federal LWCF and $125 million for
stateside. We were extremely pleased to see the increases proposed for
LWCF in the President's budget and strongly support their proposal to
fully fund the LWCF by 2014.
Finally, we deeply appreciate the subcommittee's continued
attention to the impacts of illegal immigration and related enforcement
on sensitive land and wildlife resources along the Southwest border,
and we urge continued oversight and funding increases. Funding is
needed through the natural resource management agency budgets to
address ongoing damage, including tons of trash, hundreds of miles of
illegal trails and roads, hundreds of abandoned vehicles, fouled water
sources, vandalized and stolen facilities and equipment, and degraded
habitat across the landscape. In addition, we urge the subcommittee to
work with the DHS appropriations subcommittee to ensure that any
construction or installation of border security infrastructure is
carried out with the proper environmental safeguards and that DHS
provides funding to mitigate for any impacts, including following up
with its commitment to provide up to $50 million to the Department of
the Interior to mitigate for adverse impacts on federally listed
threatened and endangered species from wall and road construction.
______

Prepared Statement of the ``Ding'' Darling Wildlife Society

I represent the ``Ding'' Darling Wildlife Society, an all-volunteer
group with more than 2,000 members whose mission is to support the JN
``Ding'' Darling National Wildlife Refuge complex. Our organization is
greatly concerned about the major funding deficit for operations and
maintenance (O&M) facing the National Wildlife Refuge System (NWRS),
and the severe impact this is having on JN ``Ding Darling National
Wildlife Refuge complex and other refuges in the NWRS. Our request is
that O&M funding be increased to $514 million in fiscal year 2010.
We do thank the subcommittee for your support over the past 2
fiscal years in recommending increases in funding for the NWRS. Those
increases have helped stabilize a critical funding deficit which
resulted in major losses of personnel and significant loss of
capability to manage refuges. While the increases have provided some
relief, major funding problems still exist and sizeable annual
increases in O&M funding must be forthcoming if the NWRS is ever to
even approach its full potential.
Past inadequate funding has severely hampered the ability of the
U.S. Fish and Wildlife Service (FWS) to effectively manage refuges. The
current backlog of approximately $3.5 billion in operations and
maintenance needs is a direct result of many decades of neglect in the
budgetary arena. This backlog must be addressed in an aggressive
manner.
On our local level, inadequate funding has resulted in staff
reductions. Recent funding increases have allowed stabilizing the
employees but at an inadequate level. We simply don't have the manpower
needed to do an acceptable job of refuge management. Of major concern
is the lack adequate law enforcement to address violations of refuge
regulations and a second biologist.
The role refuges can play in helping to alleviate current economic
problems should not be overlooked. There are major economic factors
associated with the management of refuges. NWRS attracts 41 million
visitors annually who generate more than $1.7 billion for local
economies, including 27,000 jobs and $185 million in tax revenues.
Further, according to the 2007 report, Banking on Nature, on the
average refuges return $4 of economic activity for each $1 appropriated
for their operation. Continued underfunding of refuges will result in
negative impacts on local economies--something to consider during the
tough economic times facing our country.
Invasive species are a major continuing problem facing refuge
managers. Despite added emphasis on identification and control,
valuable wildlife habitat continues to be lost. We urge the
subcommittee to continue its strong support for the control of invasive
species
We urge the subcommittee to support an allocation of $100 million
in the FWS budget for land acquisition through the Land and Water
Conservation Fund (LWCF). The acquisition of important habitat for
endangered species and other fish and wildlife has been severely
reduced in recent years due to very low allocations and this situation
must be addressed.
The inequitable distribution of resource management dollars among
the four Federal land managing agencies remains to be a serious
concern. On a per-acre basis, funding to manage units of the NWRS is
significantly lower than that allocated to manage national forests,
national parks, and Bureau of Land Management lands. For example, when
including the recently added 54 million acres of national monuments,
the NWRS receives slightly more than $3 per acre, by far the lowest of
the four agencies. I am not suggesting that the funding level should be
the same far all, as the missions vary; however, the current disparity
defies reason. I request that the subcommittee and the Congress should
provide some reasonable level of equity as it contemplates future
allocations.
In summary, the NWRS is facing a severe funding deficit which must
be addressed. I ask that the subcommittee support increased O&M funding
for the NWRS to $514 million in fiscal year 2010. Further, I ask that
that the subcommittee supports the goal of reaching an O&M funding
level of $765 million by fiscal year 2010. And finally, we urge the
subcommittee to support an allocation of $100 million from the LWCF for
refuge land acquisition in fiscal year 2010.
______

Prepared Statement of the Dzilth-Na-O-Dith-Hle Community Grant School
of the Navajo Nation

Greetings from Dzilth-Na-O-Dith-Hle Community Grant School (DCGS)
on the Navajo Reservation in Bloomfield, New Mexico. Our testimony will
focus on three areas of the Bureau of Indian Education (BIE) funding
which negatively impact our efforts in helping our students achieve
Adequate Yearly Progress (AYP), and practice sound management
principles in school operations. These areas are--
--an ever-increasing shortfall in Administrative Cost Grants (ACG),
requiring at least $58.6 million to achieve full funding;
--the low student transportation dollars per mile rate, which should
be funded at a minimum of $3.15/mile; and
--inadequate funding for facilities operation, maintenance, and
repairs, which requires a good deal more than the fiscal year
2009 $84.9 million in order to address the significant BIE-wide
backlog and meet the rising costs of utilities.
Our school offers both academic programs serving grades K-8 and
residential programs for students in grades 1-12. The residential
students in grades 9-12, however, attend the local public school.
Currently, 205 students are enrolled in our academic program, and 56
students are housed in the campus dormitories. Our all-Navajo Board
operates the DCGS through a Grant issued by the BIE under the Tribally
Controlled Schools Act. Our mission at DCGS is to make a difference in
the educational progress of our students and we believe that all our
students are capable of achieving academic success.
To say the new administration's fiscal year 2010 BIE budget request
is a disappointment is an understatement. We had hoped it would provide
desperately needed funding increases for critical programs to overcome
the barriers that have for years impeded our ability to fully meet our
school mission and our ability to successfully operate our program
under the Indian Self-Determination policy. Most unfortunately, our
hopes were not fulfilled. Thus, we must look to Congress to recognize
that this chronic underfunding places our school system in jeopardy,
and to ask you to take steps to fulfill the United States' obligation
to the tribes who operate schools and the Indian children who attend
them.
ACGs
The ACGs provided for tribally operated schools is supposed to
provide funding for the administrative costs incurred in the operation
of school programs. Unfortunately, for the last several fiscal years,
past administrations have not requested any increases for the ACG
funding; despite the fact BIE knew there was already a funding
shortfall. It is very disappointing that, even with the new
administration, the fiscal year 2010 budget request for ACG will once
again be flat funded at the fiscal year 2003 level of $43.3 million.
It is even more disheartening that tribally operated schools are
being forced to absorb millions in shortfalls when the administration
is proposing an fiscal year 2010 increase of $5.5 million in order to
pay BIA contract support costs (CSC) at 77.4 percent, and requests an
additional $2 million for the Indian Self-Determination Fund to pay CSC
of new contractors. For IHS contract support costs, the administration
seeks a staggering $107 million increase.
In comparison, for school year 2007-2008, the BIE provided only
65.75 percent of ACG need, and in school year 2008-2009 the rate was a
paltry 62.36 percent. The level of need for each school is determined
by the statutorily mandated formula for calculation of ACGs. Yet, with
each passing year, the tribally operated schools have had to re-direct
more and more funds from our classroom budgets to cover essential
services such as insurance, fiscal management, audits, and other
overhead services. The failure to seek additional ACG funds will
further reduce funding provided to existing tribally operated schools.
At our school some of the increased costs we've had to absorb are
$15,000 for audit costs; $38,000 for liability, property, vehicle and
employee bonding insurances; and $5,200 for background checks on
potential hires that would have direct contact with the students. We
have had to scale back on publishing vacancy notices (thereby limiting
the applicant pool) and increased the duties of the limited school
administration and management staff. Lack of funding has meant having
less people to complete the myriad compliance requirements such as
shepherding the background checks, equipment inventory, financial
accountability, and Federal program requirements. Our ability to
maintain prudent internal controls and checks-and-balances is
compromised. Cutting corners on school administration and having to let
go or over-extend valued employees is not how DCGS wants to operate,
but it is a necessity in order to minimize the amount of school program
funds that have to be redirected to cover our ACG shortfall.
If Congress accepts the proposed fiscal year 2010 ACG amount, it
would most likely drop the percentage paid below 60 percent. We urge
that this Congress take a new direction and finally meet the terms of
the ACG statute by providing the full amount of AC Grants need
(estimated at $58.6 million).
Student Transportation
We appreciate the $2.7 million increase in student transportation
funds provided for school year 2009-2010 in the fiscal year 2009
Omnibus Appropriations Act. The increases produced a $2.91/mile rate
for school year 2008-2009. This is at best a slightly more than the per
gallon rate for fuel in our area. We are disappointed the fiscal year
2010 budget request does not seek a programmatic increase in order to
continue the efforts to provide a reasonable per mile rate in order
that our students are afforded a safe transportation system.
As you know, our student transportation funds are used to cover not
just the fuel costs, but also the GSA rental/lease fees for school
vehicles, vehicle maintenance and repair, and bus driver salaries. Here
again our costs are ever increasing, to the point that we have had no
choice, but to use our school program funds to make up the shortfall.
Last year we paid $107,000 to GSA alone, and we had to increase our pay
scale for CDL-qualified bus drivers in order to attract qualified bus
drivers to work in the remote area where our school is located. As you
can imagine, our unpaved roads, which are turned into ``wash boards''
by mud and snow, take a tremendous toll on our buses, resulting in
greater maintenance and repair costs.
Despite the small increases Congress has provided in fiscal year
2008 and fiscal year 2009, we anticipate a continued shortfall in
transportation funding so we will institute yet another cost savings
measure by reducing our bus routes from five to three. While this may
not outwardly appear to be significant, it will mean even longer bus
rides for our students. This will undoubtedly adversely impact student
learning since they will be weary from the longer ride to get to
school-even in the best of weather, much less in winter or during
storms. Sadly, this cost-cutting measure must be instituted at a time
when our students have met AYP in all areas except Math.
We ask for Congress's help in getting our Indian students to school
so that they too are able to receive the type of education that
prepares them for success in higher education and participation in the
global economy as envisioned by the new administration. To assure that
BIE schools do not have to ``dip'' into the education budget to provide
basic transportation services, please fund Student Transportation at a
level that will result in at least $3.15/mile.
Facilities Operation and Maintenance
The DCGS has been in operation more than 40 years, which means our
facilities are also more than 40 years old and showing their age. The
meager facilities operations and maintenance funding has not been
enough to even ``keep up appearances,'' much less address the serious
deficiencies that come with aging electrical, heating, cooling and
plumbing systems. Last year we talked about our inadequate electrical
system that can't support the educational technology necessary for
today's students. This year we regret that due to insufficient funds,
we could not alleviate the classroom climate problems resulting from
outdated, unreliable heating and cooling systems. Nor could we address
the even more worrisome problem of leaking sewer lines.
The heating and cooling system problems have resulted in some parts
of the school being very hot while other classrooms are very cold. As
you can imagine, not only are students and staff uncomfortable, there
are many more getting sick due to the frequent temperature changes. The
more serious issue is the leaks in the cast iron sewer lines--which run
under the school and the residential building. The smells alone are
making students and staff ill, and the growing mold compounds the
problem. Due to the funding shortage, we are not able to remediate
these issues and, since we have had to institute a facilities personnel
cut-back, temporary repairs take even longer to institute.
Nearly all of our facilities operations funds must be used to pay
basic utility costs. For the past 20 years, this budget category has
not been fully funded. In fact, in school year 2007-2008, we were
provided only 51.9 percent of our need amount. Since utility costs
continue to rise, we can expect our ``need'' amount will be even
greater. For example, in the last school year we spent nearly $200,000
for electricity and natural gas combined, and the utility companies are
vying to increase their rates.
Congress appropriated $450 million in Bureau of indian Affiars
construction funds under the American Economic Recovery and
Reinvestment Act (Public Law 111-05), with $143.1 million allocated for
school improvement and repairs. With so many of the BIE-funded schools
having backlogs of necessary facility repairs, we are sure the need
will be greater than the amount apportioned to the BIE school system.
Therefore, we urge that Congress provide more than the $2 million
increase requested in the fiscal year 2010 budget proposed for
facilities operations and maintenance--to a level that will enable us
to not only bring these facilities to a safe and healthy level, but to
begin preventive maintenance initiatives.
Conclusion
It is our hope that under the leadership of the Obama
administration and this Congress, there will be a change for the better
for BIE-funded schools. Change that enables our school system to
provide the type of education and services that will help our Indian
students reach their potential. Our children's needs have been
overlooked for far too long. We look forward to working with you on the
fiscal year 2010 budget for the BIE.
______

Prepared Statement of the Evansville Audubon Society, Friends of the
Patoka River National Wildlife Refuge, Hoosier Environmental Council,
Indiana Division Izaak Walton League, Indiana Wildlife Federation, Knox
County Quail Unlimited, and Pike Gibson Citizens for a Quality
Environment

The undersigned organizations urge you to appropriate $1.5 million
for land acquisition for the Patoka River National Wildlife Refuge
(U.S. Fish and Wildlife Service) in southwestern Indiana.
Appropriations for the Patoka refuge have been supported in past
requests by Senator Richard Lugar, Senator Evan Bayh, and Congressman
Brad Ellsworth.
This funding would be used to acquire a 1,150-acre Peabody Coal Co.
parcel adjacent to Snakey Point Marsh, a large and diverse wetland area
that is part of the Patoka River National Wildlife Refuge. This land
would be a very valuable addition to the Patoka refuge.
The biological importance of the Patoka River National Wildlife
Refuge is well documented. Established in 1994 with the purpose to
restore bottomland hardwood forest habitats, the refuge's purchase
boundary covers 22,472 acres, including 30 miles of the Patoka River,
and at least 7,000 acres of bottomland forested wetlands, the most
imperiled wetland type in Indiana and the American Midwest. To date,
6,149 acres have been purchased for the refuge. Willing sellers are
plentiful, but there has been no congressional appropriation for land
acquisition for the Patoka since fiscal year 2005. The Peabody land has
been available for several years, but the company has recently
announced plans to find another buyer in fall 2009 if the U.S. Fish and
Wildlife Service is unable to commit to its purchase by then.
The Patoka River National Wildlife Refuge is truly one of Indiana's
natural treasures, as well as an essential component of our national
system of conservation lands. We believe that funding for its
completion should be a high priority for the U.S. Congress. Please
include an appropriation of $1.5 million in the fiscal year 2009 and/or
fiscal year 2010 Interior, Environent, and Related Agencies
appropriations bill.
______

Prepared Statement of the Environmental Council of the States

The Environmental Council of the States (States) are integral
partners and co-regulators with the Environmental Protection Agency
(EPA) in the implementation of the Nation's environmental laws. States
in fact conduct on EPA's behalf most of the permitting, enforcement,
inspections, monitoring, and data collection required by those laws. In
this document, the States respectfully submit their budget proposal for
the categorical grants portion of the EPA's budget that supports State,
tribal, and local governments, known as the State and Tribal Assistance
Grants (STAG).
For 2010, the States request $1.992 billion for 25 categorical
program grants for State and tribal governments.
We present a summary of our budget justifications for the amounts
requested. These are based on the workload that EPA has indicated it
will expect of the States in fiscal 2010. This budget is a joint
product of the Environmental Council of the States, the Association of
State and Interstate Water Pollution Control Administrations, the
Association of State Drinking Water Administrators, the Association of
State and Territorial Solid Waste Management Officials, The Association
of American Pesticide Control Officials, and the National Association
of Clean Air Agencies.
Clean Air Programs
EPA has delegated authority for primary implementation of the
programs authorized in the Clean Air Act to all 50 States. Recent
annual appropriations have been approximately $200 million to $220
million, rather than the $600 million that is needed to support these
important programs. While significant funding increases are warranted,
we recognize not only the many competing priorities for Federal
assistance, but also the state of the current economic climate means
that full funding is not viable at this time. Therefore, for fiscal
year 2010, the States ask for a more modest increase in Federal grants
to State and local clean air agencies under sections 103 and 105, to
$270 million ($53 million more than fiscal year 2008 levels).
Additionally, the States recommend that particulate matter and lead
monitoring programs be funded under section 103 authority.
In addition to the ongoing activities for which funding is
inadequate, including monitoring emissions, developing emissions
inventories, conducting sophisticated modeling of emissions impacts,
inspecting sources of pollution, conducting oversight and enforcement,
providing technical assistance to regulated sources and responding to
citizens' complaints, State and local agencies will face additional
responsibilities related to the development of State Implementation
Plans (SIPs) for the 2006 PM2.5 revise SIPs to include a new
interstate transport rule if the EPA replaces CAIR, designate lead
nonattainment areas, prepare for future GHG regulation, address
emissions of hazardous air pollutants from small, or ``area'' sources,
necessitating significant effort and resources to address emissions and
issue permits, as needed, for literally thousands of sources, and
prepare for and adjust to the new MACT standard that the EPA will use
to replace the vacated Industrial Boiler standard in the summer of 2010
Clean Water Programs
Section 106.--Section 106 of the Clean Water Act authorizes funding
to the States and Interstate Commissions to assist them in preventing,
reducing, and eliminating pollution of the Nation's waters, including
enforcement. In a very direct way, inadequate funding adversely impacts
the quality of the Nation's waters. EPA has not requested the increased
funding needed for section 106 in the Federal budget process. In fact,
the only limited requests that EPA made to increase funding over the
past several years have been for specific new EPA initiatives. In
addition, the critical funding shortage is more exacerbated when EPA is
inflexible about how certain funding can be used.
Section 319.--Nationally, Clean Water Act (CWA) Sec. 319 funds are
used for protection and restoration efforts for water bodies primarily
impaired by nonpoint sources. In the last 5 years, the annual
appropriation for CWA Sec. 319 has not been sufficient to run a
comprehensive nonpoint source program. For example, States in the
Northeast have reported that they could utilize 100 percent to 500
percent more Sec. 319 funding than is currently allocated to them. The
projections are likely much larger for Midwestern States.
Drinking Water Programs
The categorical grant for Public Water System Supervision (PWSS) is
the principal source of Federal funding for State drinking water
programs to administer all of the 90+ Federal rules and requirements.
All but one State (Wyoming) has taken on ``primacy'' obligations to
implement the Federal rules.
A survey of all 50 States conducted in 2004 estimated a nationwide
gap of $360 million between the funds needed to administer their clean
water programs and available funds.
In addition to the ongoing need to adequately fund existing
responsibilities and obligations, several new ``risk-based'' Federal
rules have been promulgated in the past few years. In other words, the
actual on-the-ground implementation of the rule needs to be tailored to
the health risk posed at individual drinking water utilities. State
drinking water programs are the entities that must undertake this work.
The new lead and copper rule and the Disinfection By-Products/Microbial
Contaminants Phase 2 Rules are the most prominent of the new
requirements mandated by Federal Government.
In order to implement these new requirements the States will need
$40.7 million in addition to the fiscal year 2009 State request of
$124.3 million. Furthermore, the States will also require $25 million
for PWSS program activities not specifically covered by new rule
estimates and not already addressed--these include: Small System
Support Mechanisms, Data Management Support, and Integrating Security
into Water Programs. With these additional costs, the total PWSS annual
financial need of the States is $200 million.
Waste and Related RCRA Programs
In 2006, the States conducted a pilot program to determine the cost
to States for implementing a complete and adequate RCRA Subtitle C
Program (hereafter referred to as ``RCRA C'' or ``RCRA''). The report
entitled State RCRA Subtitle C Core Hazardous Waste Management Program
Implementation Costs--Final Report (January 2007) revealed that the
cost to States of implementing a complete and adequate RCRA Program in
2006 was approximately $255 million.
A data collection project by the States shows that, for fiscal year
2006, States contributed approximately $25 million more than the
required cost share toward the RCRA Subtitle C Program in their efforts
to ensure program effectiveness. Clearly, additional resources are
needed to fully fund the RCRA C program. However, the RCRA C STAG
appropriations have continued to fall far short of the needed level.
Furthermore, the currently available Federal and State resources
provide only about 74 percent of what is needed to run an effective and
adequate RCRA C Core Program. This doesn't consider important new
initiatives such as Sustainability and the Resource Conservation
Challenge, and implementation of the new ``definition of solid waste
rules.'' At a minimum, $367 million in State and Federal funding is
needed to run State RCRA C programs (100 percent funding rather than
the current 74 percent that was being spent by States in 2006 which was
$255 million or $273 million in 2008 dollars). The State share should
be at least $92 million, which is half of what the States spent in
fiscal year 2006. In order to enable States to implement effective RCRA
C programs, States request that $275 million be appropriated for State
Hazardous Waste Financial Assistance grants.
The Energy Policy Act of 2005 Public Law 109-58 (EPAct) imposed
several significant new underground storage tank regulatory
requirements on the States. It requires States to inspect all regulated
underground storage tanks (USTs) every 3 years. In addition to the new
3-year inspection cycle, EPAct also requires that States: (1) require
operator training; (2) implement a delivery prohibition for
noncomplying facilities; and (3) require secondary containment or
financial responsibility for tank manufacturers and installers. All of
these requirements impose significant fiscal burdens on the States. The
amount appropriated for EPAct requirements is about half of what is
needed for the 3-year inspection cycle alone. For that reason, the
States request that a total of $63.1 million be appropriated for State
UST programs. An increase of $29.4 million is for the Federal share of
the 3-year inspection cycle (State share is $9.8 million) and the
remaining $33.7 million will fund other State UST and EPAct
requirements. Most of these funds are currently appropriated from the
Leaking Underground Storage Tank Trust Fund, not STAG.
Flexibility To Implement LEAN Programs
State environmental agencies are very excited about the utility of
LEAN exercises in reducing costs and improving service delivery. A LEAN
process entails the review of processes for specific permitting or
other programs that States and the EPA implement. Some States have been
able to implement this review process to reduce the cost of
implementing environmental programs, improve service to the public,
improvement State-Federal relations, and even improve staff morale.
ECOS and EPA strongly support the use of LEAN to help us meet our
missions in a cost-effective manner. States are highly interested in
this process, but have difficulties in finding funds to conduct these
intensive sessions.
In this budget request, we ask Congress' approval to allow States
to use up to 1 percent of their categorical grant award for 2010 to
conduct these efforts.

A STAG CATEGORICAL GRANTS BUDGET TO MEET INCREASING REQUIREMENTS--STATE AND TRIBAL ASSISTANCE GRANTS
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Percentage
Fiscal year States' change (2009
Programs 2009 enacted proposal 2010 enacted to 2010
proposal)
----------------------------------------------------------------------------------------------------------------
Categorical Grants:
State and Local Air Quality Management.................... $224,080 $270,300 +20.6
Public Water System Supervision [PWSS].................... 99,100 200,000 +101.8
Brownfields CG............................................ 49,495 50,000 +1
Hazardous Waste Financial Assistance...................... 101,346 275,000 +171.3
Underground Storage Tanks (Note 1)........................ 2,500 2,550 +2
Nonpoint Source (Sec. 319)................................ 200,857 408,000 +103.1
Pollution Control (Sec. 106).............................. 218,495 540,000 +147.1
Pesticides Enforcement.................................... 18,711 22,103 +18.1
Pesticides Program Implementation......................... 12,970 15,321 +18.1
Environmental Information................................. 10,000 10,000 ................
Beaches Protection........................................ 9,900 9,900 ................
Homeland Security......................................... 4,950 4,950 ................
Lead...................................................... 13,564 29,370 +116.5
Toxics Substances Compliance.............................. 5,099 5,099 ................
Pollution Prevention...................................... 4,940 4,940 ................
Radon..................................................... 8,074 8,074 ................
Tribal Air Quality Management............................. 13,300 13,300 ................
Tribal General Assistance Program......................... 57,925 57,925 ................
Underground Injection Control [UIC]....................... 10,891 10,891 ................
Water Quality Cooperative Agreements...................... .............. 9,844 ................
Wetlands Program Development.............................. 16,830 32,000 +90.1
Wastewater Operator Training.............................. .............. 2,000 ................
Sector Program............................................ 1,828 .............. -100
Targeted Watersheds....................................... .............. .............. ................
Local Government Climate Change........................... 10,000 10.000 ................
--------------------------------
Subtotal, Categorical Grants............................ 1,094,855 1,991,567 +81.9
----------------------------------------------------------------------------------------------------------------
Note: In the 2008 budget, a substantial amount of the funding for this program was shifted to the LUST Trust
Fund. We recommend retaining that approach with $63.1 million in the UST fund for UST Grants. These are actual-
year dollars, not adjusted.

______

Prepared Statement of the Emissions Control Technology Association

Thank you for the opportunity to submit written testimony to the
subcommittee. My name is Tim Regan and I am the president of the
Emissions Control Technology Association (ECTA) and an executive with
Corning Incorporated. ECTA is a trade association that promotes public
policies to improve air quality by reducing mobile source emissions
through the use of advanced technologies. ECTA represents the companies
that have been at the cutting edge of mobile source emissions control
technology for three-and-a-half decades. Our members invented and
developed the core, specifically the substrate and the catalyst, of the
catalytic converter.
I appreciate the opportunity to discuss funding for the Diesel
Emission Reduction Act (DERA) and to personally thank you for the
commitment this subcommittee has repeatedly shown to funding diesel
emission reduction programs. We are incredibly grateful for the $300
million in funding that you included in the American Recovery and
Reinvestment Act of 2009 (ARRA) as well as the $75 million that you
included in the fiscal year 2009 budget for diesel emission reductions.
The $300 million that you included in the ARRA bill will not only
assist in cleaning the air and protecting public health, but it is also
presents a unique opportunity to stimulate the economy in a timely and
targeted manner.
The Environmental Protection Agency (EPA) is already well on its
way to ensuring that this funding is distributed both quickly and
efficiently to maximize the economic benefits. Since mid-January, EPA
has engaged in extensive outreach and communication activities
including holding more than 50 meetings, webinars, workshops, and
conference calls in locations across the country, which included
briefing more than 2,000 potential grantees and providing guidance on
how to apply for ARRA DERA funding. On March 19, EPA released its
Request for Application (RFA) for the National Grant program, the
Emerging Technology program and the Smartway Financing program.
Applications for the National Grant program and the Smartway Financing
Program were due on Tuesday, April 28, while the Emerging Technology
program applications were due a week later on May 5.
Just over $88 million of these ARRA funds were set aside directly
for the States. All 50 States and the District of Columbia requested
these funds and each was told in early March that it would be receiving
just more than $1.7 million for reducing diesel emissions. EPA has
already begun awarding these grants.
As you can see, excellent progress has been made by EPA to ensure
that these funds are prudently managed, while also being awarded
expeditiously. As an industry, we are grateful for the sense of urgency
expressed both by Congress in appropriating the funds and by EPA in
administering the DERA grants.
The Challenge
Thirty years ago, when the catalytic converter was first
introduced, our industry was faced with the challenge of reducing
nitrogen oxides from the transportation sector. Today, the challenge is
to reduce the black smoke and smell from diesel exhaust. Once again,
our industry has risen to the challenge by developing a full range of
devices, commonly known as ``after-treatment'' technology, that remove
fine particulate matter and other pollutants in diesel exhaust.
Our technology is required equipment on all new on-road heavy duty
vehicles entered into service after January 1, 2007. This will make a
significant contribution toward cleaner air and better health. In fact,
EPA estimated at the time the so-called 2007 Highway Rule was
promulgated that the technology would generate $66 billion in economic
and health benefits annually when the new vehicles significantly
penetrated the fleet after the year 2020.\1\
---------------------------------------------------------------------------
\1\ See Environmental Protection Agency (July 7, 2005), ``2007
Heavy-Duty Highway Final Rule,'' i.e., http://www.epa.gov/OMSWWW/
diesel.htm.
---------------------------------------------------------------------------
Obviously, there is a cost associated with installing this
equipment on new vehicles, but the payoff is significant. EPA estimates
that for every $1 spent on the technology, $16 of economic benefit will
be generated.\2\
---------------------------------------------------------------------------
\2\ Ibid.
---------------------------------------------------------------------------
The challenge that we continue to face is how to retrofit this new
technology onto existing vehicles and engines that are being used
today. These vehicles and engines do not have the emissions control
technology that is required for new vehicles. Consequently, they are
the ``dirtiest'' diesel devices in use, and there are a lot of them.
EPA estimates there are currently more than 11 million heavy duty
diesel engines in use today; the so-called ``legacy fleet.'' Because
diesel engines are so durable, the existing equipment in the fleet will
not be fully replaced until the year 2030.\3\ The best way to clean up
the legacy fleet is to retrofit it with the same kind of technology
that is being installed in new ones. This retrofit equipment could
include after-treatment devices, such as a diesel particulate filter or
a diesel oxidization catalyst. It also could include vehicle
replacement, engine replacement, engine rebuilds, and engine repair.
---------------------------------------------------------------------------
\3\ See Senator Voinovich Press Release (June 16, 2005), http://
voinovich.senate.gov/news_center/record.cfm?id=238996&
---------------------------------------------------------------------------
Unfortunately, the cost of purchasing and installing diesel
retrofits oftentimes does not introduce enough operational efficiency
to generate a return on the investment. So, equipment owners are
understandably reluctant to invest in a retrofit unless they are given
some form of financial assistance to help defray the cost. And, it
makes sense for the public to help finance retrofits because they
generate benefits in the form of cleaner air for all of society.
Congressional Action
To the credit of Congress, it has acted to provide the necessary
financial assistance to promote the deployment of diesel retrofits. As
you know, this subcommittee started addressing this problem as far back
as fiscal year 2003. At that time, $5 million was appropriated to
provide the original funding for the Clean School Bus USA program.
Based on the positive experience with the Clean School Bus USA
program, Congress took another big step in 2005 to advance the
deployment of diesel retrofits. Specifically, as part of the Energy
Policy Act, Congress proposed and passed DERA. This provision of law
authorized the expenditure of $1 billion over 5 years to finance diesel
retrofits through grants and revolving loans. The authorization calls
for the appropriation of $200 million per year for fiscal year 2007
through fiscal year 2011.
This subcommittee has done a valiant job in trying to find the
resources to fund DERA. These are difficult financial times. All
Federal accounts are under stress, especially those under the
jurisdiction of this subcommittee. But under Chairman Feinstein's
leadership, this subcommittee has continued to approve funding for this
extremely important and cost-effective program. We appreciate the
subcommittee's efforts.
The Problem
Unfortunately, the resources available to fund diesel retrofits far
exceeds the demand, even with the $300 million of funding included in
the fiscal stimulus package. Despite increased funding in recent years,
the DERA program continues to be oversubscribed. For the fiscal year
2008 National Program grants, EPA received more than 230 proposals,
requesting a total of more than $140 million. With $27.6 million
available for this component of DERA, that's $5 requested for every
available $1.
This is not new. The DERA program has always been oversubscribed.
The best example of this is what has happened with the Clean School Bus
USA program. During the first 3 years of the program, 292 grant
applications for a total of $106 million were submitted to EPA. Because
of funding constraints, only 72 awards were made from the 292
applications, a 25 percent grant rate. In terms of funding, only $17.3
million was awarded from the $106 million requested, a 16 percent
success rate.
Our Request and Rationale
In light of this strong demand for funding, we respectfully request
that the subcommittee fully fund DERA at the authorized level of $200
million for fiscal year 2010. We believe that this proposed increased
level of funding is reasonable and appropriate for several reasons.
First, the money will be well spent because diesel retrofits have
been proven to be one of the most cost-effective emission reduction
strategies. Studies have shown that emission reduction strategies which
involve the use of diesel retrofit technology can, in almost every case
analyzed, achieve lowest cost-per-ton of emissions reduced compared to
a long list to other strategies for reducing emissions from the
transportation sector.\4\ For example, installing a diesel particulate
filter on a Class 7 heavy duty truck is 15 times more cost-effective
than replacing a conventional bus and 46 times more cost-effective than
building an HOV lane.\5\
---------------------------------------------------------------------------
\4\ See ECTA comments (February 20, 2007) in Federal Highway
Administration Docket No. FHWA-2006-26383, http://dmses.dot.gov/
docimages/p89/454896.pdf, http://dmses.dot.gov/ docimages/p89/
454899.pdf
\5\Ibid, Table 4, p. 10, http://dmses.dot.gov/docimages/p89/
454896.pdf
---------------------------------------------------------------------------
Second, DERA represents a unique opportunity to stimulate the U.S.
economy. DERA funding targets industries undergoing significant
dislocation and layoffs. In particular, as a study by Keybridge
Research notes, ``the economic impact is likely to be the greatest in
auto parts manufacturing and heavy-duty truck (e.g., school bus)
manufacturing sectors, which have sustained job losses at nearly 9-
times and 7-times the national rate.'' Employing a methodology based on
the use of standard economic multipliers provided by the Bureau of
Economic Analysis's RIMS II model, Keybridge Research concluded that
DERA is likely to generate approximately $6 of increased economic
output for every $1 of Federal expenditures.
Third, spending on diesel retrofits generates a substantial return
on an investment of 13-to-1. When DERA was enacted, EPA estimated that,
if fully implemented, the program would generate $20 billion of
economic and health benefit for $1.5 billion of cost. In other words,
for every $1 of Government money spent, $13 of economic and health
benefit would be generated.\6\
---------------------------------------------------------------------------
\6\ See Supra, Note 4. The 13 to 1 is for the Diesel Emission
Reduction Act (DERA) while the 16 to 1 cited earlier was for new 2007
engine technology. It is likely that the differences in these numbers
relates to the remaining useful life of the equipment, which will
logically be shorter for a retrofitted vehicle.
---------------------------------------------------------------------------
Fourth, because DERA sets aside 30 percent of its funds for a State
Grant Program, it can be used to help States bring their air quality in
to conformity with Federal standards for particulate matter. Moreover,
by providing additional Federal monies to States that match the DERA
funds, the DERA State Grant program provides incentives to States to
more proactively address diesel emissions in their region.
Finally, DERA has a very broad base of support. From the beginning,
DERA enjoyed strong support from both sides of the aisle in Congress
and from the entire range of private interests and nonprofit public
interest groups. As evidence of this, more than 300 businesses, trade
associations, and environmental groups cosigned a letter asking for
$1.5 billion for DERA in the stimulus package.\7\ Few environmental
programs enjoy such widespread support.
---------------------------------------------------------------------------
\7\ See DERA Coalition Letter to Senate dated January 16, 2009
available at http://www.ectausa.com/documents/
CoalitionLettertoSenateonERecwithadd.pdf
---------------------------------------------------------------------------
STATE AND LOCAL AIR QUALITY GRANTS (STAG)

ECTA would also like to endorse the request for increased funding
to support State and local air quality grants that is being requested
by the National Association of Clean Air Agencies (NACAA) in their
written testimony submitted to the subcommittee. State and local
governments hold primary responsibility for preventing and controlling
air pollution and they rely on grants to carry out their core
obligations under the Clean Air Act. For fiscal year 2010, NACAA
recommends that grants within the STAG program for State and local air
pollution control agencies under sections 103 and 105 of the Clean Air
Act be $270 million, which is $46 million more than the fiscal year
2009 appropriation. We support NACAA in this request.

CONCLUSION

Thank you again for the opportunity to submit written testimony to
the subcommittee. In closing, we urge you to fully fund DERA at $200
million for fiscal year 2010 because it will result in the most cost-
effective use of Federal funds to achieve emission reductions from the
transportation sector.
______

Prepared Statement of the Eastern Forest Partnership

Mr. Chairman, and distinguished members of this subcommittee, we
are grateful for the opportunity to submit testimony today on behalf of
the member organizations of the Eastern Forest Partnership (EFP).
The EFP is a coalition of 20 national, regional, and local
organizations working to advance permanent protection of forests in the
Eastern United States. The partnership seeks to raise awareness about
the value and importance of these forests and to promote sound public
policy in order to conserve these lands.
We are encouraged by the proposed increases for the Land and Water
Conservation Fund (LWCF) and the Forest Legacy Program (FLP) in the
fiscal year 2010 budget, as well as the Obama administration's
commitment to reach full funding for the LWCF in the next 5 years.
However, we are concerned about the President's proposed fiscal
year 2010 budget and its deep cuts in the U.S. Forest Service (USFS)
LWCF program. This severe reduction will greatly hamper the program and
reduce its capacity at a time when the opportunities and challenges are
at their greatest.
Protection of our natural resources has reached a critical point.
Four decades of suburban sprawl have changed our natural landscapes and
reduced our open spaces. We are now beginning to clearly witness the
negative repercussions of wholesale land use changes. In 2005, the USFS
released a report, Forests on the Edge, which predicts that 44 million
acres of private forest nationwide will be converted to nonforest uses
by 2030. Today less than twenty per cent of eastern forests are
permanently protected for future generations. Without a robust
investment of both private and public funding, these forests will very
likely be developed and lost forever.
In every state in the nation, LWCF and FLP funds have ensured that
all Americans have access to lands where they can hunt, fish, play
ball, hike, bird watch, paddle, ride a bike, and picnic or take photos.
Working only with landowners who are willing sellers, Federal, State,
and local agencies are attempting to protect the best of what remains
so that future generations can also reap the benefits of access to
outdoor recreation, America's unique historic and cultural sites and
protected wildlife.

LWCF

Established in 1965, the LWCF has served the national interest as
the primary source of Federal land conservation efforts. Through this
fund, States throughout the country have preserved critically important
lands including national forests, wilderness areas, historic and
cultural sites, significant battlefields, trails, and recreation areas.
In addition, the stateside portion of this program accounts for the
creation of thousands of local park and recreation projects such as
ball fields and community parks.
The LWCF also provides funds to the Highlands Conservation Act
(HCA). The HCA became law in 2004 and authorizes $10 million in land
acquisition and $1 million technical assistance to the States of
Pennsylvania, New Jersey, New York, and Connecticut. Traversing more
than 3 million acres the Highlands provide clean drinking water, local
food, and close-to-home recreation to the more than 25 million
residents living within an hour's drive of this nationally significant
landscape.
In addition, our protected Federal lands and waterways provide an
opportunity to address the unprecedented challenges that climate change
poses to our forests, fish and wildlife, and riparian resources. These
natural areas also store carbon, buffer flooding, conserve water, and
support healthy fisheries and wildlife populations.

FLP

Established in the 1990 farm bill, the FLP is a partnership program
that ``protects `working forests' . . . those that protect water
quality, provide habitat, forest products, opportunities for recreation
and other public benefits.'' To date, this program has protected more
than 1.7 million acres in 36 States and Puerto Rico. Every Federal
dollar invested in this program is matched 1:1 by private or non-
Federal Government funding, making it a sound use of public resources.
Land conservation programs such as the LWCF and FLP are needed now
more than ever. Without these programs the widespread loss of forests
and open spaces to development, especially in the East, will continue.
As forests and other natural areas are cleared for development,
significant amounts of carbon are released into the atmosphere and
future carbon sequestration potential is lost, contributing to global
warming. Additional investment in public land is also essential to
protect habitat and migration corridors necessary for wildlife to adapt
to climate change.
We are pleased that the President's budget includes funding for the
new Community Forest and Open Space land protection program; authorized
as part of the 2008 Farm Bill, this new grant program will give
communities matching funds to purchase critical forestland tracts and
provide technical assistance through State forestry agencies for
outstanding forest management. However, we are concerned that the
proposed new funding appears to be coming from the FLP. While both
programs are aimed at conserving forestland, they are distinct in their
approach and eligibility requirements, and are intended as
complimentary, not overlapping. We urge you to ensure that funding for
the Community Forest and Open Space Program is not made available at
the expense of funding for the FLP.
As the subcommittee works to consider and establish funding levels
for fiscal year 2010, please keep the myriad benefits of these two
programs in mind. The LWCF and FLP have historically been the most
significant Federal sources of funding to support land conservation,
and park and recreation projects. These programs protect America's
natural heritage and increase the health and quality of life for all
Americans. We urge you to consider funding these programs at levels
sufficient to meet the demand and therefore recommend increasing the
funding of the Federal LWCF to $325 million, stateside LWCF to $125
million, $125 million for the FLP, and $11 million to the HCA.
Below is a list of specific projects recommended by our member
organizations that we believe merit funding through these programs.
LWCF Projects
--CT--Stewart B. McKinney NWR ($11 million)
--FL--Timucuan Ecological & Historic Preserve Seaton Creek I ($3
million)
--GA--Chattahoochee and Oconee NF ($4 million)
--GA--Chattahoochee River NRA ($3.1 million)
--MD--Blackwater National Wildlife Refuge ($2 million)
--ME--Rachel Carson NWR ($3.5 million)
--ME--Maine Coastal Islands NWR ($1.65 million)
--NC--Uwarrie National Forest ($1 million)
--NC--Catawba Falls Access ($750,000)
--NH--Mahoosuc Gateway I ($1.375 million)
--NH-ME--Umbagog NWR ($4.5 million)
--NH-VT-CT-MA--Silvio O.Conte NWR ($2.965 million)
--NH--Lake Umbagog National Wildlife Refuge ($5 million)
--NJ--Great Swamp NWR ($2.4 million)
--NJ--Wallkill River NWR ($2.8 million)
--SC--Congaree National Park ($2.7 million)
--TN--Rocky Fork ($13.5 million)
--VT--Green Mountain NF ($2.25 million)
--VT--Chateauguay--No Town ($1.25 million)
--WV--Monongahela NF ($985,000)
HCA Projects
--CT--Ethel Walker, Naugatuck, and Scoville ($2.5 million)
--NY--Greater Sterling Forest ($2.5 million)
--NJ--Northern Highlands ($2.5 million)
--PA--Texter Mountain ($2.5 million)
--All States--Technical Assistance ($1 million)
FLP Projects
--AL--Cumberland Mountains Preserve ($637,500)
--AR--Maumelle Water Excellence ($3.58 million)
--CT--Tulmeadow Farm ($1.4 million)
--CT--Wolf Hill ($600,000)
--FL--St. Vincent Sound-to-Lake Wimico Ecosystem ($5 million)
--FL--Northeast Florida Timberlands ($2.65 million)
--FL--Osceola NF buffer ($1.87 million)
--GA--Murff tract-Rayonier Forest ($4.5 million)
--GA--Ft. Stewart ACUB 1 ($805,300)
--MA--Monson Forest Lands ($2.3 million)
--MA--Southern Monadnock Plateau Phase II ($3.3 million)
--MA--Metacoment-Monadnock Forest ($1.6 million)
--ME--Katahdin Forest Expansion ($3.7 million)
--ME--Rangeley High Peaks ($3.5 million)
--NH--Cardigan Highlands ($3.8 million)
--NH--Mahoosuc Gateway II ($5 million)
--NJ--Musconetcong and Rockaway Rivers Watersheds ($7 million)
--NY--Follensby Pond ($7 million)
--PA--Little Bushkill Headwaters Forest Reserve ($3.5 million)
--PA--Greystone Forest ($355,000)
--SC--Belfast ($2 million)
--TN--North Cumberland Conservation Area ($9 million)
--VT--Eden Forest ($2.2 million)
--VT--Adams Pond ($1.6 million)
--VA--Chowan River Headwaters ($2.24 million)
--VA--New River Corridor ($520,000)
--WV--Sleepy Creek ($755,000)
Thank you for the opportunity to submit this testimony for your
consideration.

MEMBER ORGANIZATIONS OF THE EASTERN FOREST PARTNERSHIP

American Forests; Appalachian Mountain Club; Appalachian Trail
Conservancy; Carolina Mountain Land Conservancy; Environmental Defense;
Highlands Coalition Land Trust Alliance; Land Trust of Central North
Carolina.
Natural Lands Trust; National Wildlife Federation; Northern Forests
Alliance; North Carolina Coastal Land Trust; Pinchot Institute; South
Carolina Coastal Conservation League.
Southern Appalachian Forest Coalition; Southern Environmental Law
Center; The Wilderness Society; Tennessee Parks and Greenways
Foundation; Trust for Public Land; Western Pennsylvania Conservancy.
______

Prepared Statement of the Endangered Species Coalition

The Endangered Species Coalition--the national network of more than
400 conservation, scientific, religious, sporting, outdoor recreation,
business, and community organizations--urges you to fully fund programs
of the Endangered Species Act in fiscal year 2010. We are calling for a
total appropriation of $391.2 million for the Fish and Wildlife Service
(FWS) and Bureau of Land Management (BLM), as detailed in the text and
table below.
The Endangered Species Act (ESA) is a safety net for wildlife,
plants and fish that are on the brink of extinction. The act has been
successful in preventing the extinction of many of our Nation's
species, including Bald Eagles, Peregrine Falcons, wolves, grizzly
bears, and wild salmon. In today's era of global warming, it is needed
more than ever. However, for years the ESA has been underfunded, making
it increasingly difficult for Federal experts to carry out their
responsibilities under the ESA. We appreciate your efforts in the
fiscal year 2009 omnibus bill to begin to reverse this trend and we are
calling for the funding crisis to be completed addressed over the next
4 years. The funding levels detailed below are designed to be the next
step in addressing this problem. Each succeeding year should have a
steadily increasing budget to reach the fiscal year 2013 funding levels
detailed in the chart that will allow the endangered species programs
to be appropriately implemented and managed.

CORE ENDANGERED SPECIES PROTECTIONS

Four FWS endangered species operating accounts are key to effective
implementation of the ESA. All four program areas have reportedly
experienced a 30 percent staffing shortage in recent years due to
budget constraints, an unacceptable vacancy rate. To adequately
implement the endangered species program, a total of at least $305.9
million is needed for the four main accounts by 2013, an increase of
$148 million more than fiscal year 2009.
Listing.--This account funds protections by identifying new plants
and animals in need of protection under the ESA, as well as identifying
habitat critical for recovery. Currently, more than 250 species sit on
the candidate list waiting for protection, creating an estimated
backlog of more than $160 million. Candidate species wait an average of
19 years to be listed and since 1975, 64 have gone extinct while
waiting--7 times the number that have disappeared under the full
protection of the ESA. To eliminate this backlog over the next 4 years,
we request a $12.7 million increase this year for a fiscal year 2010
appropriation of $32 million.
Recovery.--While the ESA has been extremely successful at
preventing wildlife from going extinct, the purpose of the act is to
protect and recover endangered and threatened fish, plants, and
wildlife. It is difficult to estimate the true needs for the recovery
program--current estimates place it at approximately $100 million per
year. Our coalition would like to see the recovery program funded at no
less than $121.6 million by 2013 (the increased level over $100 million
accounts for fixed costs increases needed over that time period)
therefore, we request recovery be funded at $95 million for fiscal year
2010, an increase of $20.4 million.
Consultation.--The consultation program is an important part of the
checks and balances system to ensure that endangered fish, wildlife,
and plants are protected on the ground. There has been a dramatic
increase in demand for consultations recently, jumping from 40,000 in
1999 to 67,000 in 2006. Shortage of personnel in this program area
causes delays of project reviews thus creating conflicts between
agencies. The consultation budget also funds FWS's work with non-
Federal entities for permitting and development of Habitat Conservation
Plans. Lack of funding prevents FWS from ensuring that these plans are
properly developed, implemented, and monitored. To adequately implement
the consultation program would require an overall program budget of
$122.4 million by 2013. We request $75 million for fiscal year 2010 ,
an increase of $21.5 million.
Candidate Conservation.--This program protects species before they
are actually listed, thus, in theory, averting the need to ever list
them at all. As mentioned above though, fish, plants, and wildlife on
the candidate list go extinct at a much higher rate than those with
full protection--in part because of severe understaffing for this
program. A doubling of this program's staff is justified to ensure
adequate implementation. This would require $25.4 million annually. Our
coalition again requests this increase be accomplished over the next 4
years and, therefore, we request the program be funded at $15 million
for fiscal year 2010, an increase of $4.3 million over fiscal year 2009
levels.

ADDITIONAL ENDANGERED SPECIES PROTECTIONS

Cooperative Endangered Species Fund.--This fund provides grants to
States for wildlife and habitat conservation activities on non-Federal
lands for listed and candidate species. At least 65 percent of
federally listed species are found on non-Federal land. Without the
proposed increases States will fall further behind in their ability to
independently work to protect at-risk species. Crucial conservation
activities funded by these grants include: research, species status
surveys, habitat restoration, captive propagation and reintroduction,
planning assistance, and land acquisition by States for Habitat
Conservation Plans and recovery. To adequately fund State endangered
species conservation activities a total of at least $160 million is
needed by 2013. We therefore request an increase of $34.5 million this
year for a total appropriation of $110 million in fiscal year 2010.
Landowner Incentive and Private Stewardship Grants.--These grants
provide funding for voluntary conservation actions taken by landowners
to conserve at-risk plants and animals on private lands, which benefits
us all. The Landowner Incentive Program awards competitive grants to
State and tribal conservation agencies for their work with private
landowners and tribal lands, while the Private Stewardship Program
provides funding directly to individuals and groups implementing
private land conservation actions. In 2007, funding was awarded to
efforts in 46 States. Regrettably, neither program was funded in the
fiscal year 2008 Interior appropriations bill due to budget
constraints; these important programs should be restarted in fiscal
year 2010. The demonstrated need for these programs has far outstripped
available funding in the past--the amount requested for worthy projects
totaled two to three times the yearly available funding. To support
private landowners in their voluntary conservation efforts, a gradual
increase to $77 million is needed by fiscal year 2013 in these two
incentive programs. We request that these programs be restored to their
fiscal year 2007 levels of $23.7 million for the private landowner and
tribal lands grants and $7.3 million for the stewardship grants.
However, while these voluntary incentives programs are important for
the recovery of our Nation's imperiled species, they should not be
funded at the expense of the FWS's core endangered species programs.
BLM-threatened and Endangered Species Management.--BLM controls
habitat that supports more than 300 federally listed or candidate
species. This program, along with their fisheries and wildlife
management program, funds inventory and monitoring, habitat
restoration, endangered species recovery, and other proactive
conservation activities vital to maintaining healthy, functioning
ecosystems and fish, wildlife, and plant populations. Recently, an
average of 30 percent of these funds have been used to pay for the
compliance activities of the BLM's energy, grazing, and other
nonwildlife-related programs. Traditionally, funding for compliance
work has come from benefiting programs. In addition, the programs are
substantially understaffed. For example, the BLM has only one biologist
per 591,000 acres of land, and more than $60 million is needed annually
just to implement actions assigned to BLM in recovery plans for listed
species. In addition to restoring the funds diverted to benefit other
program areas, we request an increase of $12.6 million to begin meeting
this program's needs, for a total appropriation of $33.2 million in
fiscal year 2010.
The ESA is a broadly supported law and has been very successful in
preventing extinctions. But without the necessary funding, the act's
true goal of restoring endangered species to healthy populations will
be much more difficult to accomplish. We ask you, as members of the
Appropriations Committee, to fully fund ESA programs this year. Thank
you.

ENDANGERED SPECIES-RELATED FUNDING
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Green budget
Fiscal year 2010 Fiscal year Budget request compared to
2009 omnibus President's 2013 funding fiscal year fiscal year
level budget need 2010 \1\ 2009
----------------------------------------------------------------------------------------------------------------
Fish and Wildlife Service
candidate conservation:
Candidate conservation...... 10,670 10,592 25,400 15,000 4,330
Listing..................... 19,266 20,103 36,500 32,000 12,734
Consultation................ 53,462 56,863 22,400 75,000 21,538
Recovery.................... 74,575 76,599 121,600 95,000 20,425
Eco services total.......... 157,973 164,157 305,900 217,000 59,027
Cooperative endangered 75,501 100,000 160,000 110,000 34,499
species fund...............
Landowner incentive grants.. .............. .............. 50,000 23,700 ( \2\ )
Private stewardship grants.. .............. .............. 27,000 7,300 ( \2\ )
BLM: Threatened and endangered 20,582 26,000 .............. 33,200 12,618
species management
----------------------------------------------------------------------------------------------------------------
\1\ These requests match those in the Green Budget, which is endorsed by 27 conservation and environmental
organizations.
\2\ Equal to fiscal year 2007 levels.

______

Prepared Statement of the Environmental Service Research Institute

Summary
We respectfully request the subcommittee's support for a multi-
year, Government-wide effort to build a national Geospatial Information
System (GIS), led by the Secretary of the Interior through his role as
chairman of the Federal Geographic Data Committee (FGDC) under OMB
circular A-16, and the United States Geological Survey (USGS). The
total cost of the program, as detailed below, is expected to be
approximately $1.2 billion spread over 3 years. For fiscal 2010, we
urge the subcommittee to provide $210.5 million for the portions of
this project within your jurisdiction.
Proposal
The stimulus plan recently approved by Congress and the incoming
Obama administration is an enormous undertaking to revive the American
economy. Potentially, it will involve thousands of infrastructure and
other projects intended to create jobs and restart economic growth
while producing things of lasting value to American taxpayers. The
challenge to properly manage and execute this effort will be daunting,
requiring unprecedented access to data and information at all levels of
government and the private sector.
This is the moment for America to build a national GIS, that is, a
unified, up-to-date, publiclyaccessible national digital map, enriched
with data from all available sources, and supported by GIS technology.
This system can be built quickly, immediately creating high-tech jobs,
and will serve as a public resource for project planners to support
transportation infrastructure, alternative energy research, and project
siting. It will also provide a foundation for monitoring the U.S.
economic recovery across our communities, allowing activities to get
underway as soon as possible and leaving a legacy for the future.
The benefits of a national GIS are universal. The Western
Governor's Association declared GIS a key component of our national
critical infrastructure. The National Geospatial Advisory Committee
(NGAC) adopted a set of transition recommendations that represent a
broad consensus among the key public and private stakeholders in the
geospatial technology field and form a principal basis for this
proposal.
Why a National GIS Should Be Completed
Agencies have been laying the foundation for national GIS for
years. It falls within umbrella names like Imagery for the Nation, The
National Map, the National Spatial Data Infrastructure, and the
pioneering work of by the USGS, the Department of Commerce (DOC) Census
Bureau and the National Oceanic and Atmospheric Administration and the
Departments of Homeland Security, Agriculture, and the Interior, among
others. It is supported by technical studies from the NGAC, the
National Research Council, the FGDC, and the National States Geographic
Information Council (NSGIC). Now is the time to pull them together.
GIS technology is uniquely capable of providing unity both to the
complex new stimulus plan as well as other ongoing initiatives. GIS can
integrate data from agencies across all levels of government, providing
decisionmakers a powerful tool to marshal knowledge on items as diverse
as personnel, finance, economics, infrastructure, and resources, all
organized within maps or images showing geographic basics such as
topography, roads, parcels, buildings, utility networks, landmarks,
soil types, and political and physical land divisions. It brings
together all key national datasets to support action--which is why it
is considered a must for emergency response organizations across the
country. A national GIS will place at our fingertips a comprehensive
description of our Nation's assets, resources and operations, all
linked geographically. Once completed, it will be a priceless national
resource and an indispensable tool for planners and business alike.
A national GIS can be built immediately, engaging hundreds of
private firms. It will speed the start of job-rich infrastructure
projects. Its biggest impact will be on projects critical to energy
development, homeland security, defense, climate change, healthcare
delivery, telecommunications, transportation, and the environment.
Without national GIS as a management tool, efforts will be haphazard
and project planners will be hamstrung. A national GIS must be a
cornerstone program funded by the stimulus plan, a fulcrum to wring the
greatest result for each $1 spent.
Technical Fundamentals of a National GIS
A GIS system integrates information from many sources and authors
using standardized protocols so that information can be harmonized and
incorporated into a consistent framework to support multiple missions
at all levels of government and private business. It can be built and
maintained largely using on-going business processes such as The
National Map initiative of Interior Department's USGS, and it can rely
heavily on existing software, hardware, and networks, integrated by a
lead organization setting standards and protocols. Existing modern GIS
server technology, together with open standards and Services Oriented
Architecture (SOA), can provide enabling components for a national GIS
immediately. This architecture maximizes collaboration among government
and private entities. Guarantees of privacy, confidentiality,
protection of proprietary financial data, and similar concerns can be
built in at the foundation and at every level. This national system
will result in the following:
--A series of standard geographic datasets (framework layers
described below);
--A series of workflows that transactionally maintain (update) these
datasets;
--A system for data management responsibility (FGDC governance);
--A suite of tailored applications;
--A designated Federal entity to oversee the effort; and
--The necessary technology to support a national GIS system.
Leadership and Cost for a National GIS
Both the NGAC and the Department of the Interior have developed
detailed recommendations on how to build a national GIS. A key first
step is to implement fully the Imagery for the Nation initiative, an
intergovernmental plan to create a full Federal-level GIS based on
nationwide aerial imaging and mapping, participation by agencies across
the Federal landscape, and technological consistency.
Next, a comprehensive national updating of mapping and
topographical information is essential to create a complete current
portrait of America--what is referred to as The National Map. This
step, along with outreach to incorporate key additional databases
maintained by State and local governments and the private sector, and
elements such as parcels, transportation, hydro, elevation, critical
habitat and boundaries, will be needed to make the system most
effective for project decisionmakers and infrastructure planners. We
anticipate the total cost to be approximately $1.2 billion, spread over
3 years. We can provide detailed cost breakdowns upon request.
Interagency plans, contracts, and management systems are already in
place today to implement this initiative. Overall management could be
provided by the Secretary of the Interior, who chairs the FGDC, with
significant involvement from USDA, DOC, and DHS/FEMA. In addition,
program funding can be leveraged through cooperative efforts with
partners in State and local government and the private sector. The NGAC
can provide ongoing strategic and recommendations program design and
implementation.

A NATIONAL GIS: KEY FRAMEWORK DATA AND SYSTEM TECHNOLOGY

We propose focusing on the development of five key digital layers
or initiatives as initial steps toward a national GIS: imagery, parcel
data, elevation, and wildlife habitat, and Recovery.gov.
Imagery
Imagery for the Nation (IFTN) is an intergovernmental initiative to
address the Nation's basic business needs for aerial images. Imagery is
used for countless applications in all levels of government and the
private sector, embraced by the public through online tools such as
Google Earth and Microsoft Virtual Earth. Partnerships between levels
of government to acquire imagery data have lowered costs, reduced
duplication, and allowed greater data standardization. IFTN will
maximize the impact of taxpayer investments through a coordinated
national acquisition program. The IFTN initiative was originated by the
National States Geographic Information Council, been endorsed by the
FGDC and the NGAC, and involves a heavy investment from the U.S.
Department of Agriculture. The approximate 3-year total cost for this
activity is $140 million, equally split between the Departments of the
Interior and Agriculture. For fiscal year 2010, we urge the
subcommittee to provide $23.4 million for Interior's component.
Parcel Data
Based on the National Academies of Science, National Research
Council (NRC) recent report ``National Land Parcel Data: A Vision for
the Future,'' the land parcel data layer (also known as cadastral data)
is used by governments to make decisions on land development, business
activities, regulatory compliance, emergency response, and law
enforcement. The NRC report concludes that nationallyintegrated land
parcel data is necessary, feasible, and affordable. Development of a
national land parcel system would also provide an invaluable analytical
tool to help manage the mortgage crisis. The NGAC endorsed the
recommendations in the NRC report in October. The approximate 3-year
total cost for this activity is $200 million for the Department of the
Interior. For fiscal year 2010, we urge the subcommittee to provide $67
million for Interior's component.
Elevation
Today, high-density digital elevation models are produced by a
technology called LiDAR and IfSAR, an aerial mapping technology that
provides highly accurate mapping of ground elevations. FEMA currently
uses LiDAR data for flood mapping whenever such data are available.
LiDAR data are also being utilized extensively in natural resource
management, and new uses are being demonstrated for emergency response
and homeland security purposes. An investment in a national elevation
initiative would produce consistent elevation dataset encompassing the
entire country. The approximate 3-year total cost for this activity is
$300 million, equally split between the Department of the Interior and
the National Oceanic and Atmospheric Administration. For fiscal year
2010, we urge the subcommittee to provide $50 million for Interior's
component.
Wildlife Corridor/Crucial Habitat
The pressure for rapid economic development and increased energy
production threatens our natural resources. The Western Governors'
Association has recommended a Wildlife Corridor and Crucial Habitat
Decision Support System. This system will support informed decisions on
community growth, alternative energy expansion, biodiversity
preservation, and resolving water resource issues. This effort will
produce a consistent nationwide wildlife map and GIS management system.
The approximate 3-year total cost for this activity is $110 million for
the Department of the Interior. For fiscal year 2010, we urge the
subcommittee to provide $36.7 million for Interior's component.
System Technology/National Base Map
In order to create a national GIS it is necessary to update and
integrate the many currently existing individual agency map layers into
a consistent, integrated whole. USGS would lead this effort and combine
information into a consistent geospatial foundation. This component
will, over the next 3 years, require an additional $450 million spread
over a variety of Federal Departments and agencies, including the
Departments of the Interior ($100 million), Agriculture ($50 million),
Commerce ($50 million), Homeland Security ($50 million), and others
($200 million). For fiscal year 2010, we urge the subcommittee to
provide $33.4 million for Interior's component.
A GIS-based recovery.gov
Finally, President Obama has insisted that stimulus spending be
subject to maximum transparency and accountability, enabling citizens
to understand how their funds are being spent and how their communities
will be affected. Recovery.gov, the Web-based tool being launched by
the Office of Management and Budget for this purpose, must provide
complete, understandable, authoritative and actionable information and
analysis to elected and appointed officials, and to ordinary citizens.
We propose that Recovery.gov be equipped with interactive maps and
geospatial analytic tools that will substantially improve understanding
and effectiveness of Recovery Act execution. An interactive map
provides an intuitive foundation to understand, integrate, and
interrogate this disparate and overwhelming amount of information, and
to support better and timelier analysis and decisions. The application
of GIS technology would allow public users to access and view Recovery
Act spending patterns against established goals and underlying local
and national conditions. In this way, it will allow the public to
evaluate whether the Government is making the right choices on where
money is spent, and whether spending is yielding the right results. The
approximate 3-year total cost for this activity is $10 million.

CONCLUSION

The key step is to get it done now. America's financial crisis
today, the worst since the end of World War II, will force difficult
actions and decisions. Large expenditures of taxpayer money must be
designed to yield products of long-term benefit to the country. America
has an information economy, and a robust geospatial infrastructure
(system of digital maps and tools) is just as vital to its continued
development as was the physical infrastructure to the industrial
economy. A national GIS, properly designed and effectively implemented,
providing public access and using best technologies, will speed
economic recovery by producing jobs and putting shovels in the ground
more quickly. It will also leave the country with a public utility, a
modern geospatial information system, that itself can become a
foundation for new generations of industries and technologies in the
future.
______

Prepared Statement of the Enewetak/Ujelang Local Government

Madam Chairman and distinguished members of this subcommittee:
Thank you for providing us this opportunity to the people of Enewetak
to describe issues that relate to our ability to live on our homeland
of Enewetak Atoll, which was used as a nuclear test site by the United
States from 1947 to 1958.
As the only people ever resettled on a nuclear test site, we face
many challenges. Life on Enewetak Atoll is made possible through
support provided by the congressionally funded Enewetak Food and
Agriculture Program. That program provides funding for imported food,
an agriculture rehabilitation program, and the operation of a vessel.
We request that funding for that program for fiscal year 2010 be
increased by the amount of $500,000, the same amount of increase as
provided by Congress in fiscal year 2009. Also, we hope that this
subcommittee will support continued funding of the health program for
the four nuclear affected atolls of which we are one, and funding for
the environmental monitoring by the Department of Energy of the Runit
Island nuclear waste site which is on our atoll.
Before we discuss the particulars of this request, we would first
like to thank you, Madam Chairman, and members of this subcommittee, on
behalf of the Enewetak people, for your support in funding the food and
agriculture program for my people in the Compact of Free Association.
We also thank you for your past support in assuring that the Enewetak
Food and Agriculture Program is adequately funded, particularly your
support for the $500,000 increase for fiscal year 2009 and your
approval of our request to purchase a replacement vessel during fiscal
year 2008 from previously appropriated program funds.
As you know, Enewetak Atoll was the site of 43 of the 67 nuclear
tests the United States conducted in the Marshall Islands. We were
removed from our land by the U.S. Government to make that testing
possible. We were exiled from our land for a period of more than 33
years--a period in which we suffered near starvation, poor health, and
lack of education.
In 1980, after a significant cleanup, soil rehabilitation, and
resettlement effort undertaken by the United States, we were able to
return and live on only a part of our land. A large part of our land
and environment remain contaminated making it impossible for us to rely
on our natural food resources and preventing us from developing a
fishing or tourist economy.
We now live on a former nuclear test site. In fact, we are the only
people ever resettled on a nuclear test site. The Enewetak Food and
Agriculture Program makes life on Enewetak possible. And that is why we
are so thankful to you for assuring funding in the minimum amount of
$1.3 million for the program in the Compact.
However, the program was funded at a level of approximately $1.8
million in fiscal year 2009 and close to that amount for the past
several years. That funding level needs to continue to maintain the
minimum components of the program which include a soil and agriculture
rehabilitation program, the importation of food, and the operation of a
vessel. Therefore, we request your support for the additional $500,000
for the program for fiscal year 2010 so that the components of the
program will be funded in the total amount of $1.8 million, as has been
the case these past several years.
In 2008, we faced a challenge with regard to the transportation of
food, material, equipment, supplies, and transport of people to and
from our atoll. Our atoll is the most distant atoll from Majuro Atoll,
the capital of the Marshall Islands. In fact, the distance between
Majuro and Enewetak is 600 miles one way. All of our food, material,
supplies, and equipment are sent to Majuro for further trans-shipment
to Enewetak. Consequently, a reliable vessel is a lifeline for us. The
vessel available to us up to fiscal year 2009 was so old that parts
were difficult if not impossible to find. Therefore, we were in the
market for a replacement vessel that would be even more suitable for
voyages between Enewetak and Majuro than the vessel we had. We found a
suitable vessel and greatly appreciate the approval provided by this
subcommittee to purchase the replacement vessel from previously
appropriated program funds. That vessel was in service as of 2008 and
provides the necessary sea transport to support each of the components
of the program.
A final comment on the Enewetak Food and Agriculture Program: This
program is a true success story. It allows us to live on our homeland
while providing the resources which allow us to attempt to accomplish
some of the rehabilitation required to transform part of the atoll from
a severely damaged nuclear test site to a place that more resembles
home. The additional $500,000 to maintain current funding levels will
ensure the continued success of this program.
Now we would like to briefly address the four atoll healthcare
program. Funding for fiscal year 2010 is necessary to continue the
program. We appreciate the funding for such program provided by the
Congress in the amount of $1 million for fiscal year 2009. However,
continued funding is required to maintain the key elements of the
program which provide for an on-site physician for each of the four
atolls, necessary medicines and supplies, funding for a health aide for
each atoll, and funding for care of the people of the four atolls at
the hospitals in the Marshall Islands when required.
Lastly, we need to mention the nuclear waste site on Runit Island.
That site was built by the United States and contains more than 110,000
cubic yards of material including plutonium and other radioactive
debris. This site needs to be monitored to assure the integrity of the
structure and to assure that no health risks from the radioactive waste
site are suffered by us. To effect the foregoing, a long-term
stewardship program of Runit Island needs to be implemented by the
United States.
Again, Madam Chairman, we thank you and members of this
subcommittee for your support which makes life possible for us on our
home atoll of Enewetak.
______

Prepared Statement of the Fond du Lac Band of Lake Superior Chippewa

I am Karen R. Diver, Chairwoman of the Fond du Lac Band of Lake
Superior Chippewa. Thank you for considering our testimony on fiscal
year 2010 appropriations. The Fond du Lac Band provides health,
education, social, and other governmental services to 6,500 Indian
people living on or near our reservation in northeastern Minnesota.
These programs are essential to our ability to educate our children,
care for our elderly and infirm, prevent crime, and protect and manage
natural resources, but have long been under-funded.
Bureau of Indian Education (BIE): Education.--The Fond du Lac Band
relies on Bureau of Indian Education funding for the operation of the
Band's pre-K through grade 12 Ojibwe School. We fully support the
President's proposal to increase funding for Indian education as these
increases are badly needed. The Ojibwe School serves approximately 320
students most of whom are tribal members or descendants of tribal
members. Most come from very low-income households; 92 percent of our
students qualify for free or reduced-rate lunch. Although American
Indian students are the most at-risk group of students in our Nation,
funding shortfalls have forced us to layoff 7 FTE and reduce working
hours for 20 education personnel. If our students are to succeed, our
schools need a commitment of high-priority support so that we can pay
competitive salaries to attract and retain skilled teachers; invest in
research-based reading and math curricula; keep pace with costs of
student transportation; and provide early childhood development
programs.
Increases in the BIE Indian School Equalization Program formula
funds are critical part of this. We also support increased funding for
school construction and repair as past funding has failed to keep pace
with the growing backlog of Indian schools and facilities needing
replacement or repair. Increases are also needed for both scholarships
and student transportation. Unpredictable rising fuel costs and the
lack of a formula that accounts for the need to replace vehicles
creates a risk that we will not be able to provide safe and reliable
transportation services to our students. In addition, we support the
President's proposal to continue to fund the Johnson O'Malley program.
This program addresses the unique educational and cultural needs of
American Indian children attending both public and tribal schools
through the use of Indian parent committees. Decades of research
confirm positive results from parental involvement in student
education.
Finally, we ask that education programs be determined locally by
the schools and not dictated by the central office as the schools are
often in the best position to know what works. In this regard, we were
very pleased to hear that the President proposes to eliminate the prior
administration's Reading First program. We fully support that decision
as that program had been shown to be ineffective but was still imposed
on our schools. We urge Congress to replace failed programs with funds
that can be targeted to effective ones as determined by the schools
themselves.
Bureau of Indian Affairs (BIA): Public Safety and Justice.--We
fully support the President's proposal to increase BIA funding for law
enforcement. We also ask that Congress increase the Band's base funding
by $2 million for court operations and law enforcement, and provide a
one-time appropriation of $8 million to allow us to expand the facility
that houses our law enforcement department but which is completely
inadequate for that purpose.
We continue to face massive unmet needs for law enforcement. We had
to assume responsibility for law enforcement after the Minnesota
Supreme Court ruled that the State did not have jurisdiction to enforce
traffic laws on roads within Indian reservations, State v. Stone, 572
N.W. 2d 725 (Minn. 1997). We have done this using a combination of
tribal and Federal funds (made available through the Community Oriented
Policing Services program and the BIA), and by cooperative agreements
with local law enforcement agencies. But because of the insurgence of
methamphetamine, alcohol, illegal prescription drug use, and gang-
related activities on our reservation our law enforcement
responsibilities continue to grow. Prescription drug abuse is an
epidemic. Increasing numbers of our elders and others are the victims
of more frequent assaults and robberies that are prescription drug-
related. Our officers are responding to a growing number of drug
related overdoses and deaths, as well as juvenile offenses involving
drugs, alcohol, thefts, assaults, and burglaries.
To address these problems, we need to increase our law enforcement
staff so that we can station police officers in specific locations,
such as near elderly housing, and ensure effective law enforcement
coverage 24/7. But we do not have the funds to do this. We currently
employ 12 patrolmen, 1 investigator, 1 school resource officer
(assigned to the Ojibwe school to try and stem the tide of juvenile
crime), a Chief of Police, and 3 administrative staff. Our goal is to
schedule 3 officers per shift, but we do not have sufficient funds to
do this around the clock. Fewer officers on duty means serious safety
issues for both officers and the people we need to protect. Our limited
staff also means that we cannot implement pro-active measures, such as
youth education and outreach programs, and assistance to the clinics in
developing means for identifying and preventing prescription drug
abuse. To effectively address law enforcement, we need approximately 20
officers but do not have the funding for this.
Federal funding is also vital for law enforcement equipment. To
effectively address crime, we must periodically upgrade or replace
patrol cars, radar equipment and car radios. We need new computer
software to integrate the Band's dispatching system with that used by
the counties as well as a T-1 communications line to establish a more
secure connection to that system.
Finally, we need a new facility for our law enforcement department.
The department is now housed in a 6-room building which we share with
the Band's housing program, and which has no room for investigative
interviews, nor office space for specialty positions such as
investigators. The evidence room and reception area are all completely
inadequate for law enforcement purposes. A new building is essential.
BIA: Natural Resources.--We support the President's proposal to
increase funds for BIA Natural Resource programs. At Fond du Lac, we
need long-term funding to pay for staff and equipment to adequately
manage natural resources. Natural resources, both within and outside
the reservation are essential to tribal members' subsistence, culture,
and employment and the Band's right to access these resources was
reserved by our Treaties with the United States in 1837 and 1854. In
connection with these rights, the Band is responsible for managing
natural resources and for enforcing conservation laws that protect
natural resources and regulate tribal members who hunt, fish, and
gather those resources within and outside the reservation. Funding is
essential for that work. We request that $2 million be added to our
base budget for Resource Management programs, as funds for this program
have not been increased since 1991.
BIA: Tribal Forestry.--Fond du Lac's forest management program has
been funded through a self-governance compact since 1994 but funding
for the base forestry program has remained flat and can no longer
support the original positions of a Forest Manager and a Technician. An
additional $69,000 is needed to fully fund the original two forestry
positions.
BIA: Mapping Native Plant Communities.--The Band requests $150,000
to map native plant communities on the reservation. Mapping native
plant communities (or Habitat Typing) is an important tool in forest
management and in managing wildlife habitat and ecological functions.
The Band would use these funds to do a complete inventory of the native
plant communities cross referenced with an index of important Ojibwa
plants. The inventory and maps would be made available to the Fond du
Lac public through the Internet. Knowledge of the distribution of
native plant communities will help managers determine appropriate
future habitats.
BIA: Circle of Flight.--We also urge Congress to restore funding to
the Circle of Flight Tribal Wetland & Waterfowl Enhancement Program.
Congress did not fund this program in fiscal year 2009 appropriations.
Circle of Flight has been one of Interior's best performing trust
natural resource programs. In 2008, Fond du Lac was able to use funds
from this program to restore 41 acres of wild rice habitat in
partnership with Minnesota, the Fish and Wildlife Service, and the
USDA. The preservation and restoration of wetlands are important in
providing flood control, clean water and recreation, benefiting tribes
and other residents up and down the Mississippi Flyway.
BIA: Human Services.--We urge Congress to increase funding for
Human Services programs including those funded through TPA, such as the
Indian Child Welfare Act (ICWA) program. Increases are needed to
address the impact that the methamphetamine epidemic has on not only
public health and safety, but also on child protection, child welfare
and foster care services. Increased funding for Social Services and
ICWA programs are essential if tribes are to have any realistic hope of
protecting Indian children, preventing domestic violence, and fostering
Indian families.
Indian Health Service (IHS).--We support the President's proposed
increase in funding for IHS. This increase is essential to address the
high rates of medical inflation and the substantial unmet need for
healthcare among Indian people. Indians at Fond du Lac, like Indians
throughout the Nation, continue to face disproportionately higher rates
of diabetes and the complications associated with diabetes, than the
rest of the population. Heart disease, cancer, obesity, chemical
dependency, and mental health problems are also prevalent among our
people. While other Federal programs, like Medicare and Medicaid, have
seen annual increases in funding to address inflation, the budget for
IHS has never had comparable increases, and, as a result, IHS programs
have consistently fallen short of meeting the actual needs. All Indian
tribes should receive 100 percent of the Level of Need Formula (LNF),
which is absolutely critical for tribes to address the serious and
persistent health issues that confront our communities. The Band serves
approximately 5,900 Indian people at our clinics, but the current
funding level meets only 38 percent of our healthcare funding needs. In
addition, the Band requests an increase in funding for substance abuse
and mental health programs in order to combat the growing
methamphetamine problem on our reservation.
Environmental Protection Agency (EPA): Tribal Air Quality
Management.--We urge Congress to increase funding for Tribal air
quality management. We have operated an air quality monitoring program
since 1999, and the demands on our program have increased over time. A
growing number of large industries are located within 60 miles of the
reservation and impact our air quality. These include Excelsior Energy
(a coal-gasification plant), Minnesota Steel (new taconite plant),
Polymet (Cu-Ni mine), Enbridge pipeline expansion, Mittal Steel
(taconite plant), and U.S. Steel-Keetac (taconite mine expansion).
Because of this, we test for mercury and operate ambient monitors for
nitrous oxides, ozone, and fine particulate matter. In addition, we run
indoor air programs on lead, radon, and mold and provide outreach
services to tribal members. Demand for the indoor air programs is
increasing with new housing construction on our reservation.
Unpredictable funding and, in particular, funding reductions are
very disruptive to a program's success. As a result of a 25 percent
funding cut in 2008, we lost experienced staff. We are also concerned
that there may be less money available for Tribal Air Program grants
through our region (region 5) in 2009, which may force further cuts.
Given the critical need to protect reservation air quality, we urge
that fund levels for Tribal Air Quality programs be increased.
EPA: Clean Water and Drinking Water Programs for Tribes.--We
support the President's proposal to increase funding for Clean Water
and Drinking Water Programs and urge that these include increases to
the funding for tribally administered programs The Fond du Lac Band
administers a water quality program within the reservation. Forty-four
percent of the lands within our reservation are wetlands which, in
turn, support many natural resources on which our tribal members depend
for subsistence--wild rice, fish, wildlife, and culturally important
plants. These resources, however, are being adversely affected by
mining activities which, although outside the reservation, directly
affect the watersheds upstream of the reservation. Current program
funding levels are not sufficient to support surface water quality and
wetland program implementation. And additional funding is needed to
conduct the necessary environmental reviews, water quality tests,
mapping, and analysis to enable us to identify environmental impacts of
proposed projects outside the reservation on tribal resources, so that
we can provide recommendations on project planning, mitigation, and
alternatives to avoid adverse environmental impacts.
In conclusion, the needs at Fond du Lac and throughout Indian
country remain massive. Your support on these funding issues is
essential to our ability to maintain vitally important programs and
improve the delivery of services to Band members. Miigwech. Thank you.
______

Prepared Statement of the Friends of Alaska National Wildlife Refuges

Mr. Chairman and members of the subcommittee: On behalf of the
Friends of Alaska National Wildlife Refuges, I wish to express our
appreciation for the opportunity to provide this statement concerning
the fiscal year 2010 appropriations for the National Wildlife Refuge
System (NWRS). We urge adoption of a funding level of $514 million for
fiscal year 2010 for the NWRS, the amount advocated by the Cooperative
Alliance for Refuge Enhancement and the House National Wildlife Refuge
Caucus. This funding level will help to address recent reductions of
staffing and programs vital to ensuring the NWRS's wildlife and habitat
conservation mission and will put the NWRS on the path to reach
adequate baseline funding of $765 annually by fiscal year 2013.
The Alaska Friends is a 501(c)(3) nonprofit organization composed
of individuals who reside throughout the State of Alaska and many lower
48 States. We work on a volunteer basis to assist the U.S. Fish and
Wildlife Service (FWS) to accomplish their congressionally mandated
mission for the 16 Alaska National Wildlife Refuges. The Alaska Refuges
encompass more than 77 million acres and comprise approximately 83
percent of the lands in the NWRS, but they receive approximately 12
percent of the total budget for the NWRS.
We appreciate the foresight of your subcommittee in successfully
spearheading the critically needed budget increases for fiscal year
2008 and fiscal year 2009 to the current level of $463 million.
However, a funding level of $514 million for fiscal year 2010 is needed
to avert continuing reductions in personnel and operations. Every year,
the FWS needs at least a $15 million increase just to maintain current
personnel and operations, and that is likely to increase as energy
costs and inflation rise. In response to past budget shortfalls, FWS
has been forced to downsize and eliminate staff, resulting in
completely destaffing scores of refuges and requiring: remote
management of many refuges; major reductions in visitor services,
wildlife and habitat management, conservation, and restoration;
diminished hunting and fishing opportunities; limited ability to
control damaging invasive species; curtailment of environmental
education programs; and reductions in law enforcement.
--The NWRS tracks its backlog of needs in two major areas:
Deferred Maintenance.--Needs associated with maintaining
constructed assets, such as administrative and visitor buildings,
roads, levees, water control structures, visitor facilities, and
underground water lines. This work is considered ``deferred'' because
it is overdue and funding resources are not currently available to
complete the work.
Operations.--Needs associated with the annual operation of a refuge
in all respects. These include staffing needed to manage habitat,
provide law enforcement, provide services to visitors, and maintain
assets. These needs can also be contracts or projects, such as
controlling invasive species, monitoring habitat, restoring wetlands,
and developing an environmental education curriculum. These needs are
calculated in dollars as well, but it can be in the context of staff
salaries, contracts, or supplies and materials needed to complete
projects.
--The NWRS's deferred maintenance backlog tracked in the Service
Asset and Maintenance Management System database has hovered
around $2.5 billion for the past few years.
--The NWRS's operations backlog is tracked in the Refuge Operating
Needs System database (RONS). For several years the operations
backlog has hovered around $1 billion, and a portion of that $1
billion has been assigned a higher-priority status called
Mission Critical. For the past few years the Mission Critical
part of the backlog was approximately $335 million. When
refuges updated their highest-priority needs in RONS in late
2008, the Mission Critical part of the backlog grew to $355
million.
--The increase in the Mission Critical backlog is primarily due to
the addition of refuges and the use of models that more
accurately predict staffing needs. However, the backlog figures
do not reflect the needs for 50 million acres recently added to
the NWRS through the designation of the three new marine
monuments (Rose Atoll, Mariana Trench, and Pacific Remote
Islands).
As of January 2009, the RONS projects in Alaska Refuges totaled
$272 million. Alaska's wildlife refuges have special management and
budgetary needs because they occupy a unique place within the NWRS.
This is clearly illustrated by the Alaska Maritime Refuge, which is
headquartered in Homer. Spread out along most of Alaska's 47,000 miles
of coastlines, the Maritime Refuge includes some 2,500 islands, islets,
pinnacles, active volcanoes, and headlands that are home to 40 million
seabirds (80 percent of all seabirds in North America) and significant
populations of marine mammals, including fur seals, otters, whales, and
Steller sea lions. The Maritime Refuge stretches from Forrester Island
in the southeastern corner of Alaska north to Point Barrow on the
Arctic Ocean and west to Attu Island at the end of the Aleutian Chain
in the Eastern Hemisphere. The distances are daunting; traveling east
to west across the Refuge is approximately the same distance as a trip
from the Atlantic Coast of Georgia to the Pacific Coast of California,
and logistically much more complex and expensive.
Management and monitoring of the far-flung Maritime Refuge is a
prodigious and costly task. This requires long-term scientific studies
and monitoring of populations, habitat, and trends in the ocean
environment; eradication of destructive invasive species, such as
farmed foxes, rats, and invasive plants; restoration of habitat damaged
by cattle, horses, and the increasing threat of oil spills; and
restoration of native species exemplified by the successful 20-year
effort that brought the Aleutian cackling goose back from the brink of
extinction. The Maritime Refuge's 120-foot research vessel Tiglax
travels up to 22,000 nautical miles in a single year to support such
activities. These types of activities on Alaska's refuges require
substantial resources in terms of personnel, equipment, travel, fuel,
supplies, and maintenance. Thus, any direct or indirect reductions in
budgets can have severe effects on the management capability of
Alaska's refuges and long-lasting impacts on the wildlife and habitat
that play a central role in the biological health of the entire
continent.
To effectively manage the Alaska Refuges, the Alaska region has
adopted a goal of devoting 30 percent of its budget to Management
Capability (MC) and 70 percent to personnel, as compared to a national
target of 20 percent and 80 percent, respectively. This greater
allocation to MC is necessitated by the inherently higher costs of
equipment, such as boats and airplanes rather than trucks, higher fuel,
and other utility costs for the more remote offices and stations
located in Alaska Refuges, and higher costs of repairs and maintenance
of equipment and buildings in the many remote areas. For example, in
2006 the Tiglax required $98,000 and refuge aircraft required $506,000
in fuel with major increases in the past 2 years, and remote refuge
offices pay a premium to operate in rural Alaska.
In recent years, budget reductions and lack of funding to meet
increased costs of operations and maintenance caused by inflation have
placed a great strain on these resources. This led to continuing staff
reductions to maintain the MC level that is necessary to implement the
basic programs of the 16 Alaska Refuges. For 10 years, the Alaska
region has been actively working to maintain its MC at 30 percent.
Since 1999, it has made ``full inflation offsets'' a top priority. When
the RONS increases began to dwindle in 2003, the Alaska region began
the process of abolishing positions and using the savings to fund
inflation offsets. During fiscal year 2005 through 2007, downsizing
resulted in the elimination of 29 positions, including assistant
managers, education specialists, and biologists, and the salary savings
were rolled into inflation offsets for all 16 Alaska Refuges.
The 16 Alaska Refuges provide a myriad of opportunities to more
than 1.3 million visitors each year. There are summer science camps and
local environmental education programs, mainly in rural areas and
native communities and schools; outstanding recreational opportunities,
such as fishing, hunting, hiking, boating, wildlife viewing, and
photography; important subsistence activities that support the
traditional lifestyles of Alaska Natives and other rural residents;
partnering with native corporations and local governments that provide
valuable experiences and job opportunities, such as Refuge Information
Technicians; and cooperative programs and matching grants with the
Alaska Friends to conduct rural outreach and environmental education
programs and to remove invasive species that threaten the health and
integrity of refuge ecosystems. The contribution of refuges to local
economies is illustrated by the Kenai Refuge where every $1 spent by
the Refuge produces almost $15 in local recreational expenditures and
more than $12 million in local tax revenues.
Invasive plant species are advancing northward and threatening the
habitats of Alaska Refuges. With 50 percent cost-share funding for the
3 years, Alaska Friends volunteers have removed invasive species
affecting six Alaska refuges. In conjunction with these activities, we
organized public meetings to inform the local populace about their
refuges and the opportunities and challenges they provide. This year,
we have several similar projects underway. Without matching funding,
these volunteer programs could not continue the work to protect our
valuable wildlife habitats from destructive invasives.
In addition to the traditional refuge programs and activities, the
Alaska Refuges are uniquely situated to contribute information and
expertise to major national and worldwide problems. The mounting
scientific evidence of global warming has shown that northern Alaska is
experiencing far greater impacts than other regions. The rate of
temperature increase in Alaska is twice that of the lower 48 States.
Coastlines, nesting areas, and villages are being severely damaged by
the decreasing size of polar icepacks and the longer ice-free periods,
which increase the severity and destructiveness of coastal storms.
Homes, offices, and other structures are being destroyed by the melting
of permafrost, and plant and animal species are advancing northward to
areas where they have been unknown in human history. These changes not
only interfere with the subsistence way of life of rural Alaskans, but
they impede and increase the costs of refuge research, management, and
maintenance. Given adequate budgetary support, the Alaska Refuges can
provide extremely valuable biological and climatological studies and
monitoring to increase our understanding of the processes and hopefully
design and implement mitigation projects to reduce the impacts of
global climate change.
The Alaska Refuges are also on the frontlines of potential
transmission of avian influenza by migratory birds from Asia. Since a
major portion of these populations depends on refuge habitats during
migration and breeding, early detection can be improved by monitoring
programs conducted within the refuges. There is presently some funding
available to support such monitoring programs, but continued or
increased funding may be necessary to provide adequate early warning
capability.
Failure to increase the budget of the Alaska National Wildlife
Refuges will result in:
--reduced subsistence and recreational opportunities;
--fewer visitor services;
--loss of important environmental education and science camps,
especially for children and youth in rural native villages;
--increased maintenance backlogs;
--reduction of important scientific studies, such as wildlife
population and habitat monitoring and enhancements that assist
in understanding global climate change and avian influenza; and
--overall degradation and decay of the NWRS and public enjoyment of
the resources
Finally, the Alaska Friends is strongly opposed to a provision
included in the 2009 Public Lands Omnibus bill that may result in a
land exchange for a road through the Izembek National Wildlife Refuge,
Alaska. We believe that the $37.5 million Congress appropriated in 1998
for a solution to the transportation needs of the town of King Cove has
already addressed the town's health and safety needs by resulting in:
an upgraded medical clinic; purchase of a state-of-the-art hovercraft
that has met every medical evacuation need since it became operational
in February 2007, and construction of a marine terminal and road to
access the terminal. We urge the subcommittee to prohibit funds for
activities that would advance a road, and feel it is particularly
difficult to rationalize this questionable expenditure given the budget
shortfalls the FWS is facing.
We urge you to adopt the recommended $514 million appropriation for
the NWRS which will allow necessary programs to be maintained and
enhanced for our magnificent National Wildlife Refuges. We have an
obligation to provide future generations the same opportunities to
learn and benefit from our NWRS that all of us enjoy today.
______

Prepared Statement of the Friends of Back Bay

I am Molly Brown from Virginia Beach, Virginia. I am the President
of Friends of Back Bay, a group of more than 400 dedicated volunteers
who are committed to the protection of the Back Bay National Wildlife
Refuge. Located in southeastern Virginia Beach, Back Bay National
Wildlife Refuge (Refuge) was established on February 29, 1938, as a
4,589-acre refuge and breeding ground for migratory birds. We thank
Congress for their continued support of this project. The Director of
the U.S. Fish and Wildlife Service approved a Refuge boundary expansion
on May 7, 1990. The expansion area includes 6,340 acres of important
wildlife habitat. To date the Fish and Wildlife Service (FWS) has been
able to acquire 4,980 acres.
In order to continue the Back Bay Refuge expansion project, we
respectfully request $1.5 million for fiscal year 2010. This money will
help to fill in the mosaic pattern of small land parcels from willing
sellers who have been waiting patiently to sell their land to the
Refuge. This continuing project was first funded by Congress in 1990.
With only a few remaining parcels to purchase, we hope Congress will
want to see this Back Bay project completed.
The enclosed map gives a visual description of the acquisitions
through 2008 and the remaining parcels by priority to be purchased from
willing sellers within the Back Bay National Wildlife Refuge proposed
acquisition boundary. Here is a brief description of each parcel.
Priority 1--Sanford.--Twenty-six acres, much of which is valuable
riparian/wetland habitat on the northern bank of Nanney's Creek This
Creek has been identified as one of Virginia Beach's ``impaired
waterways'' by the State DEQ. Cooperative efforts by private landowners
(mostly farmers), the City of Virginia Beach, the State of Virginia and
Back Bay NWR are ongoing to restore the water quality of this tributary
of Back Bay. Existing Refuge property is immediately adjacent to this
tract on its east and west boundaries.
Priority 2--Griffith.--One hundred five acres of emergent marsh
habitat on the east side of Back Bay This property already supports a
wide variety of nesting and wintering migratory birds, especially
waterfowl.
Because this parcel is located on the bay side of the highly
developed Sandbridge area of Virginia Beach, failure to acquire this
piece could result in increased private recreational boating facilities
by individuals who own lots/houses adjacent to this property.
Priority 3--Van Nostrand.--Fifteen acres of timbered wetlands on
the west side of Back Bay. This property has been cleared, and is ready
for farming and/or development. Although the current habitat has little
wildlife value, reforestation of this parcel, as Back Bay NWR has done
with so many other parcels, will serve as quality habitat for a variety
migratory birds, especially neotropical migrants. This property has an
approved appraisal, and the landowner has been presented with an option
to buy.
Priority 4--Rice.--Eight acres, much of which is valuable riparian/
wetland habitat on the southern bank of Nanney's Creek This Creek has
been identified as one of Virginia Beach's ``impaired waterways'' by
the State DEQ. Cooperative efforts by private landowners (mostly
farmers), the City of Virginia Beach, the State of Virginia and Back
Bay NWR are ongoing to restore the water quality of this tributary of
Back Bay. This property is adjacent to existing Refuge property on its
north and east boundaries.
Good things continue to happen at Back Bay. A new educational
project to enhance the wildlife viewing opportunities of the public is
the ``windows on wildlife.'' This one-way glass will allow the public
to watch migratory birds without being seen by and thus disturbing the
waterfowl. This project opened this winter. On a recent January day,
the pond featured a visual smorgasbord of tundra swans, Canada geese,
black sucks, snow geese, mallards, and pied-billed grebes. A red-tail
hawk flew close to the building and landed on the branch of a nearby
tree.
This March the Back Bay Restoration Foundation is conducting its
8th annual Back Bay Forum 2009. There were presentations on research
and data collected within the Back Bay watershed, followed by an
opportunity for participants to identify future research and action
needed for the health of the bay system. Scientists stated that
conditions are improving since last year. The water clarity is better
and vital underwater grasses are growing again. Large numbers of ducks
are coming back. The local hunters had a very successful season.
I wish to extend my appreciation for the funding that you
appropriated through fiscal year 2008. The $505,000 that was
appropriated in fiscal year 2008 has purchased 47 acres of a key parcel
along Nanney's Creek. To date we have purchased 4,980-acres of the
proposed 6,340-acre expansion. This means that this project is more
than 78 percent completed in 17 years. Thank you for the opportunity to
comment on this important project.
______

Prepared Statement of the Friends of Blackwater National Wildlife
Refuge

Mr. Chairman and members of the subcommittee: On behalf of the
Friends of Blackwater National Wildlife Refuge located near Cambridge,
Maryland, I am submitting testimony for the Senate Appropriations
Subcommittee on Interior, Environment, and Related Agencies concerning
the fiscal year 2010 budget for the National Wildlife Refuge System
(NWRS). We respectfully request that the subcommittee support the
following funding levels:
--$514 million in fiscal year 2010 for the U.S. Fish and Wildlife
Service's (FWS) NWRS Operations and Maintenance (O&M) account;
--$60 million for the Partners for Fish and Wildlife Program, of
which $2 million be allocated to conduct strategic habitat
conservation around national wildlife refuges in strategic
partnerships among the FWS, refuge Friends and other national,
regional and local interests;
--$1 million for the Volunteer Invasive Monitoring Program and grants
for invasive species work with Friends;
--$900 million over the next 5 years, as President Obama has
requested for the Land and Water Conservation Fund, and for
fiscal year 2010, $100 million for the FWS land acquisition
budget to acquire habitat and marshlands from willing sellers
across the country;
--$10 million for the National Fish and Wildlife Foundation (NFWF) in
the FWS's resource management general administration budget.
It is necessary that the NWRS budget by $15 to $20 million each
year in order to maintain services and programs from the previous year.
The $15 to $20 million increase accounts for cost-of-living increases
for FWS personnel, growing rent and real estate costs and other cost
increases, while sustaining current levels of visitor services and
wildlife management. Funding the O&M account at $514 million would
allow the NWRS to avoid further employee layoffs and reductions in
services that are important at the Blackwater NWR, and the more than
150,000 who visit the Blackwater NWR each year, while also preventing
the approximately $3.5 billion NWRS O&M backlog from growing larger.
While refuges received an increase for fiscal year 2009, the National
Wildlife Refuge System is still not funded at the level it was in
fiscal year 2003 when adjusted for inflation. Because of this, refuges
such as ours, the Blackwater NWR, struggle to meet their most basic
wildlife conservation objectives.
Refuges are also vital economic engines in the local economy,
fueling hotel stays, restaurant patronage and much, much more.
According to Banking on Nature, a 2007 report by the FWS, recreational
visits to national wildlife refuges generate substantial economic
activity. Nearly 35 million people visited national wildlife refuges in
2006, generated more than $1.7 billion for local economies--including
27,000 jobs and $185 million in tax revenues. Eighty-seven percent of
all economic activity generated by refuges is from nonresident
visitation. These visitors contribute to the local economy through
patronage of local hotels, restaurants, outfitters, and gas stations to
name just a few examples. We simply cannot afford to lose these local
economic engines. Supporting our refuges with adequate funding is an
effective method of resisting the economic depression with which the
Nation is currently struggling.
While providing adequate funding to operate and maintain the NWRS
is of vital importance, most refuges are too small in size to achieve
their conservation mission and objectives alone. Their integrity
depends on the health of surrounding State, Federal, and private lands
and waters. Consequently, there is a growing need to provide funding to
ensure that lands and waters beyond refuge boundaries are conserved.
Today, the alarming rush to convert rural land to subdivisions and
strip malls has caught wildlife managers off guard and requires quick
action. Accordingly, for fiscal year 2010 we respectfully ask that the
subcommittee appropriate $60 million for the Partners for Fish and
Wildlife Program, of which $2 million be allocated specifically to
conduct strategic habitat conservation around national wildlife refuges
that engages refuge Friends and other national, regional, and local
interests that work with States, counties and municipalities to
identify, prioritize, and implement land and water conservation
opportunities beyond refuge boundaries. These local initiatives will
result in strategic visions which will serve as blueprints for use of
State, Federal, and private conservation dollars, and will expedite
implementation of State Wildlife Action Plans.
The Senate Appropriations Subcommittee on Interior, Environment,
and Related Agencies should provide strong funding for Refuge System
Visitor Services programs and visitor facility enhancement projects.
Visitor services funding pays for many Friends and volunteer programs.
We depend on this funding for programs that allow us to remain
effective stewards of our refuge.
Recognizing invasive species as a top threat to our refuge lands,
we also ask the subcommittee to continue their support by again
providing $1 million ``for cooperative projects with Friends groups and
volunteers on invasive species control''. This funding supports worthy
programs like competitive grants for Friends groups and the Volunteer
Invasives Monitoring Program. Utilizing the energy and enthusiasm of
Friends and volunteers is a proven, effective and economical
partnership for the NWRS and FWS.
We encourage the subcommittee to allocate sufficient funding to
assess and purchase high-priority water rights and high-priority lands
and conservation easements through the Land and Water Conservation Fund
(LWCF), $100 million. Inadequate water quantity and quality represent
some of the biggest obstacles for refuges to overcome and
unfortunately, many refuges do not own the water rights on the refuge
or they are not guaranteed an allocation of water from a river or
stream. The FWS is currently compiling a needs-based priority database
of where water rights need to be secured, and we urge the subcommittee
to allocate sufficient funding to allow the FWS to acquire these
essential rights while they are available and affordable. Also, NWRS
land acquisition backlog is estimated at more than $4 billion, with
more than 15 million acres remaining to be acquired within approved
refuge boundaries. While a full suite of conservation strategies should
be employed in working with private landowners, in cases where fee
title acquisition is preferred by the landowner and the refuge has
identified it as a top priority, the FWS should acquire the land.
We encourage the subcommittee to allocate $10 million for the NFWF
through the FWS' resource management general administration
appropriation. Each year, NFWF receives more project proposals than
they are capable of funding. Adequate funding will ensure NFWF has the
ability to leverage resources to fund projects that directly benefit
diverse species in, around and outside of national wildlife refuges
across the country.
In this era of uncertainty related to climate change, we urge the
subcommittee to allocate $30 million in dedicated funding to allow the
FWS to create a plan for how to manage refuges in such a way that would
allow them to adapt to anticipated changes. Work currently conducted by
scientists including Dr. Michael Scott, senior scientist with the U.S.
Geological Survey and professor of wildlife biology at the University
of Idaho, show how models for individual refuges can be made that
simulate rising water levels, increased temperatures, and how species
are expected to react. While these innovative tools are now readily
available, without dedicated funding, refuge staff is simply unable to
take full advantage of it. Refuges are perhaps our best natural
laboratories on a national level to assess impacts to wildlife and
habitat as a result of global climate change; a small investment could
yield valuable insights that will guide wildlife management and land-
use planning well into the future.
______

Prepared Statement of Friends of Congaree Swamp

Madam Chairman and members of the subcommittee: We appreciate this
opportunity to present testimony in support of an appropriation of
$2.69 million from the Land and Water Conservation Fund (LWCF)--to
enable the National Park Service (NPS) to complete acquisition of the
1,840-acre Riverstone tract for Congaree National Park in South
Carolina.
Congaree Swamp National Monument was authorized as a NPS unit in
1976. In 2003, Public Law 108-108 elevated Congaree to a National
Park--South Carolina's only National Park--and authorized a boundary
expansion of 4,576 acres.
Congaree National Park.--on the floodplains of the Congaree and
Wateree rivers--is recognized as an international biosphere reserve, a
national natural landmark, a wilderness area, and a globally important
bird area. All waters within the park's pre-2003 boundary are
designated outstanding resource waters, and much of Cedar Creek within
the park is designated outstanding national resource waters. Congaree
River Blue Trail, bordering the park for more than 25 miles, is a
national recreation trail.
With more than 75 species of trees, Congaree hosts the Nation's
largest tract of old-growth bottomland hardwood forest. The trees
growing in this floodplain forest are some of the tallest in the
Eastern United States, forming one of the highest temperate deciduous
forest canopies in the world--higher than old-growth forests found in
Japan, the Himalayas, Southern South America, and Eastern Europe.
More than 195 species of birds have been observed within the park.
Following rediscovery of the Ivory-billed Woodpecker in Arkansas,
Congaree National Park is considered prime habitat for recovery of this
species. The South Carolina Ivory-billed Woodpecker Working Group
coordinates research within Congaree National Park.
Congaree National Park also offers excellent opportunities for
recreation. A 2.5-mile boardwalk loop provides easy access into
Congaree's forest, and more than 20 miles of trails are available for
hiking. Visitors enjoy canoeing and kayaking on Cedar Creek, the only
outstanding national resource waters in South Carolina. Outdoors
enthusiasts can also enjoy fishing, camping, birding, and picnicking.
In fiscal year 2005, Congress appropriated $6 million from the LWCF
to purchase the 2,395-acre Bates Fork tract--at the confluence of the
Congaree and Wateree rivers. This is the largest tract within the
Congaree park boundary expansion authorized in 2003. NPS purchased the
Bates Fork tract in November 2005.
Fiscal year 2010 presents the opportunity to complete acquisition
of the 1,840-acre Riverstone tract--the second-largest tract within the
park boundary expansion authorized in 2003. The Riverstone tract will
connect the previously acquired 21,786 acres of Congaree National Park
with the 2,395-acre Bates Fork tract. The Bates Fork tract, in turn,
adjoins the 16,700-acre Upper Santee Swamp Natural Area, owned by the
South Carolina Public Service Authority. So, the Riverstone tract is
the link to connect a conservation corridor of more than 42,000 acres
along the Congaree, Wateree, and upper Santee rivers.
In addition to its biological resources, the Riverstone tract has
significant geological and hydrological resources, including Running
Lake, Little Lake, Big Lake, Running Creek, and Bates Old River. Bates
Old River is a 4-mile-long oxbow lake, the former channel of the
Congaree River. This oxbow is flanked by the best-defined ridge and
swale topography in the Congaree floodplain. No other oxbow lake in the
Congaree floodplain can compare to Bates Old River in size,
hydrological dynamics, accessibility, or as a recreational resource.
The Riverstone tract also has significant cultural and historical
resources, including a prehistoric mound from the Woodland Period (1000
B.C. to A.D. 1000). The history of McCord's Ferry (established before
1750 as Joyner's Ferry) is intertwined with the Riverstone tract.
Patriot and British forces used McCord's Ferry during the American
Revolution.
Accordingly, acquisition of the Riverstone tract will add to
Congaree National Park's opportunities for visitor access, education,
recreation, and research.
The purchase price of the Riverstone property is $5.88 million,
based on a federally approved appraisal. Recognizing the Riverstone
tract as a key priority for acquisition, the NPS identified and
committed $500,000 in existing funds in May 2008 toward purchasing this
tract. Accordingly, the NPS's funding shortfall became $5.38 million.
Public Law 111-8 (the recent Omnibus Appropriations Act, 2009)
allocated $2.69 million to Congaree National Park--the first half of
the $5.38 million needed to complete Riverstone acquisition for
Congaree National Park.
We are delighted that President Obama's fiscal year 2010 budget
recognizes the Riverstone acquisition at Congaree National Park as a
national priority for the NPS. However, to complete the second and
final phase of the acquisition in fiscal year 2010, the project needs
an LWCF appropriation of $2.69 million, rather than the $1.32 million
included in the administration's budget proposal. For fiscal year 2010,
please allocate $2.69 million to enable the NPS to complete Riverstone
acquisition, thereby permanently protecting the tract's outstanding
natural and cultural resources, and connecting the 22,000 acres upriver
with the 19,000 acres downriver.
Thank you, Madam Chairman, for the opportunity to present this
testimony and for your consideration of our request.
______

Prepared Statement of Friends of Rachel Carson NWR

Madam Chairman and honorable members of the subcommittee: I thank
you for the opportunity to present to the subcommittee testimony in
support of the acquisition of the 110-acre Timber Point property at the
Rachel Carson National Wildlife Refuge in Biddeford and Kennebunkport,
Maine. An appropriation of $3.5 million from the Land and Water
Conservation Fund (LWCF), to be matched by an equal amount of private
funds, is needed to protect this exceptional coastal property. I also
support a funding level of $514 million in fiscal year 2010 for the
U.S. Fish and Wildlife Service's (FWS) National Wildlife Refuge System
Operations and Maintenance (O&M) account.
The Rachel Carson National Wildlife Refuge is named in honor of one
of the Nation's foremost and forward-thinking biologists. After
arriving in Maine in 1946 as an aquatic biologist for the FWS, Rachel
Carson became entranced with Maine's coastal habitat, leading her to
write the international best-seller The Sea Around Us. This landmark
study, in combination with her other writings, The Edge of the
Sea and Silent Spring, led Rachel Carson to become an advocate on
behalf of this Nation's vast coastal habitat and the wildlife that
depends on it. With the celebration of the 100th anniversary of Rachel
Carson's birth in 2007, her legacy lives on today at the refuge that
bears her name and is dedicated to the permanent protection of the salt
marshes and estuaries of the southern Maine coast.
Consisting of meandering tidal creeks, coastal upland, sandy dunes,
salt ponds, marsh, and productive wetlands, the Rachel Carson NWR
provides critical nesting and feeding habitat for the threatened piping
plover and a variety of migratory waterfowl, and serves as a nursery
for many shellfish and finfish. The salt marsh habitat found at Rachel
Carson NWR is relatively rare in Maine, which is better known for its
dramatic, rocky coastline. Upland portions of the landscape in and
around the refuge host a unique, unusually dense concentration of
vernal pools that provide habitat for several rare plant and animal
species. Located along the Atlantic flyway, the refuge serves as an
important stopover point for migratory birds, highlighted by shorebird
migration in the spring and summer, waterfowl concentrations in the
winter and early spring, and raptor migrations in the early fall. In
fact, southern Maine contains a greater diversity of terrestrial
vertebrates, threatened and endangered species, and woody plants than
any other part of the State.
Previous years' appropriations have allowed the FWS to conserve
several properties within the refuge at Biddeford Pool and Parson's
Beach, providing an important buffer between the intense development
pressure along the southern Maine coast and its fragile coastal
estuaries. With towns in the area growing rapidly--at rates ranging
between 11 percent and 32 percent over the next 10 years--development
pressures continue to spiral upwards and additional coastal properties
are under threat.
The Refuge is unique to the fact that its acquisition zone and land
division ownership is distributed in more than 11 different towns,
villages, and cities, therefore creating uncommon municipal
partnerships with the Federal Government acting through the local
refuge headquarters in Wells, Maine. In the Timber Point Initiative, we
have working partnerships established with the town of Kennebunkport
and its Selectmen, the city of Biddeford and its Mayor and Conservation
Commission, the Kennebunkport Conservation Trust, National and Maine
Audubon, the National Wildlife Refuge Association and the Trust for
Public Land, to name a few. The importance of community involvement and
cooperation is crucial to the success of this urgent project. Available
for immediate acquisition from a single willing-seller landowner in
fiscal year 2010, the 110-acre Timber Point tract is one of the last
large, undeveloped properties along the 50 miles of coastline from
Kittery to Cape Elizabeth and a longstanding priority for the refuge.
It is being offered to the WS at a significant discount through the
generosity of the landowner and the support of the local community.
Located in the Little River Division of the refuge near
Kennebunkport, Timber Point is comprised of a large peninsula and a
small island that is effectively connected to the peninsula at low
tide. All told, the property includes more than 2.25 miles of
undeveloped coastline, an enormous amount for southern Maine. Unlike
much of the State's southern coastal areas, Timber Point' coastline is
mostly rocky, making it an ideal location for eider nesting and
wintering purple sandpipers. The Timber Point peninsula hugs the
mainland, offering both rocky oceanfront shoreline and a sheltered,
sandy cove. Wintering black ducks, assorted sea ducks, and migratory
shorebirds feed and roost along the shoreline while sanderlings
frequent the sandy cove during migration. In addition, the rocky
offshore habitat serves as a productive lobster nursery.
In addition to the abundant wildlife which benefits from this
virtually undeveloped coastline, upland habitats harbor many species of
conservation concern as well. Habitats represented on Timber Point are
diverse and include shrubby wetlands, early successional thickets and
grassy openings, forested wetlands, and mature white pine forests.
Early successional habitats are home to breeding American woodcock,
willow flycatcher, eastern towhee, chestnut-sided warblers, gray
catbirds, and bobolink. Upland forests and forested wetland habitats
are likely to be used by breeding scarlet tanagers, northern flickers,
and Baltimore orioles. On occasion, there are bald eagles and seahawks
(ospreys) nesting on both the island and peninsula.
Refuge-owned lands already protect the headwaters of the Little
River, which empties into the Atlantic at Goose Rocks Beach--a popular
public swimming area adjacent to Timber Point. Once acquired, the
Timber Point parcel will enhance the refuge's ability to protect water
quality in the estuary and important wildlife habitat by linking it to
already conserved refuge lands in the Little River Division of the
refuge. Currently, the FWS holds an easement on just 35 of the 110
acres at Timber Point; this proposed acquisition would recombine the
easement with full fee ownership and permanently protect the entire
property--save 11 acres, which members of the family would retain with
a conservation easement preventing any further development of the
parcel. Located in a rapidly developing part of Maine, this acquisition
offers the refuge an outstanding opportunity to conserve southern
Maine's coastal landscape and further consolidate the fragile habitat
that exists on the marshes, uplands, creeks, and the estuaries of the
coast.
Given the development pressures in this part of the State, the
opportunity to permanently protect this unique coastal property exists
only for a limited time. An appropriation of $3.5 million for the
Rachel Carson NWR in fiscal year 2010 will be matched by an equal
amount of private philanthropy, offering a once-in-a-lifetime
opportunity that will yield enormous public benefits for generations to
come.
I also respectfully request a substantial increase in overall
funding for the LWCF, specifically urging the subcommittee to provide
$325 million for the Federal LWCF in the fiscal year 2010 Interior,
Environment, and Related Agencies appropriations bill. I applaud the
LWCF funding increases provided by this subcommittee in fiscal year
2009. And, we are most thankful that the Obama administration budget
recognizes the importance of these programs by proposing significant
increases for fiscal year 2010 and setting a goal to achieve full
funding of the LWCF in the next 5 years. The LWCF should be fully
funded at $900 million annually--the congressionally authorized level.
The LWCF is our Nation's premier program to acquire and protect
lands in national parks, national wildlife refuges, national forests,
Bureau of Land Management units and other Federal land systems. This
program faces an extensive and growing backlog of land acquisition
needs across the Nation. Public lands provide innumerable social and
economic benefits including a healthy lifestyle, protection of
watersheds and drinking water supplies, wildfire reduction and
prevention, and assistance to wildlife and fisheries as they adapt to
climate change. We urge you to renew this wise investment in America's
natural heritage and take steps to toward full and consistent funding
of these vital programs.
With a $3.5 million appropriation for the Timber Point Project, a
regional collaboration between the public and private sector will only
enhance Governor Baldacci's Quality of Place Initiative that he put
forth last year. This would be a fantastic story for protecting crucial
habitat for the wildlife at Rachel Carson NWR.
Thank you again, Madam Chairman, for the opportunity to present
this testimony in support of this important project.
______

Prepared Statement of the Friends of the Columbia Gorge

Thank you for the opportunity to submit written public testimony in
support of public land acquisition projects in the Columbia River Gorge
National Scenic Area. Friends of the Columbia Gorge is requesting an
appropriation of $6 million from the Land Water Conservation Fund to
allow the United States Forest Service (USFS) to purchase land with a
high conservation value. The requested funding will go a long way to
protect a number of identified high-priority properties totaling 2,191
acres in the Columbia River Gorge National Scenic Area. This project is
authorized by the Columbia River Gorge National Scenic Area Act, Public
Law 99-663, section 16 (a).
Friends of the Columbia Gorge (Friends) is a nonprofit group with
approximately 5,000 members who live in the Columbia River Gorge, the
States of Oregon and Washington and across the country. We are
dedicated to the protection and enhancement of the scenic beauty and
natural and cultural heritage of the Columbia River Gorge. Friends
works to promote responsible stewardship of Gorge lands and waters and
encourage public ownership of sensitive areas. Throughout the year,
Friends leads more than 70 hikes and stewardship events that are open
to the public.
Introduction
The Columbia Gorge, shared and cherished by both Oregon and
Washington, is truly one of America's natural scenic treasures. As the
only sea-level passage through the Cascade Mountain range, the Columbia
River Gorge has 5 distinct ecosystems. These ecosystems support more
than 800 species of flowering plants, including 16 that are found
nowhere else in the world, more than 300 species of birds and provides
critical habitat for threatened fish and wildlife, such as the western
pond turtle, Larch Mountain salamander, western gray squirrel,
steelhead, Chinook, coho, and chum salmon.
The Gorge has been inhabited by humans for at least 11,000 years.
Important cultural resources are found throughout the Gorge, including
a high concentration of Native American rock carvings and paintings,
called petroglyphs and pictographs, in the eastern end of the Gorge.
Several tribes retain treaty rights in the Gorge, including the
preservation of hunting, fishing, and gathering rights on the lands
ceded to the United States in their respective treaties. In addition,
the Gorge ranks as the most recognizable natural site along the Lewis &
Clark trail.
In 1986, Congress and the States of Oregon and Washington
recognized the outstanding scenic beauty and natural and cultural
heritage of the Gorge by designating it as a National Scenic Area. The
Columbia River Gorge National Scenic Area Act (Act) was passed ``to
protect and provide for the enhancement of the scenic, cultural,
recreational, and natural resources of the Columbia River Gorge'' and
to encourage economic growth in nearby urban areas. Today, driving east
from Portland or Vancouver toward the Columbia Gorge, through miles of
subdivisions and strip development, one passes the National Scenic Area
Boundary and is awestruck by the instantaneous transition from an urban
to a rural setting. The Scenic Area protects nearly 300,000 acres in
both Oregon and Washington and receives hundreds of thousands of
visitors annually.
Land Acquisition
Although The Columbia River Gorge Scenic Area enjoys national
protection, preservation of its outstanding natural and scenic
resources requires proactive management. Section 9(a) of the act,
created a unique regulatory scheme, which allows conservation in
partnership with private landowners. The Act also recognized that some
lands should be in public ownership and that some landowners would
prefer to sell their property rather than fall under Scenic Area
regulations, or to insure its future protection. The desire to conserve
key properties and to provide regulatory relief to landowners led
Congress to create this special land acquisition program. The act
further specifies that if the USFS does not acquire land offered by
sellers within 3 years of an offer, then the land changes to a General
Management Area (GMA) designation, which is less restrictive, giving
landowners more flexibility and making it more likely that these lands
will be logged, mined, or developed.
Since 2001, more than 4,000 acres of ``high-priority'' private land
worth an estimated $35 million have been offered for sale to the USFS,
yet Congress has only appropriated $17.5 million to date.
Fiscal Year 2010 Request
USFS's Columbia River Gorge National Scenic Area office has
expressed the need for $6 million in fiscal year 2010 to carry out its
land-acquisition activities. Currently, USFS has identified 10
properties in 4 counties located in Oregon and Washington for
acquisition in fiscal year 2010. The public purchase of these
properties would protect some of the most scenic Gorge views and
provide future recreation opportunities, both of which are key to
maintaining the economic health of local communities. Many of these
properties are threatened by logging, mining, or development and our
opportunity to preserve these critical lands could be lost forever.
This appropriation will go far in supporting willing land sellers and
protecting this important national treasure.
Conclusion
Funding land acquisition in the Gorge is important for three
reasons. First, these offers represent a commitment to landowners by
the Federal Government. Second, these lands have critical scenic,
natural, cultural and recreational values that need to be conserved.
Finally, these acquisitions are part of the overall strategy to ensure
that the Columbia River Gorge is a good place to live, work, and visit.
Funding land acquisition in the National Scenic Area fulfills the
commitment Congress made in 1986 when they passed the Columbia Gorge
National Scenic Area Act to protect and enhance the natural, scenic,
cultural and recreational resources of the Gorge. Please consider our
request of $6 million to ensure that the Gorge remains a place apart
for future generations to enjoy.
Thank you for the opportunity to provide testimony supporting
public land acquisition in the Columbia River Gorge National Scenic
Area.
______

Prepared Statement of the Friends of Wertheim National Wildlife Refuge

I am submitting testimony to the Senate Interior, Environment, and
Related Agencies Appropriations Subcommittee on behalf of Friends of
Wertheim National Wildlife Refuge. We support a funding level of $514
million in fiscal year 2010 for the U.S. Fish and Wildlife Service's
(FWS) National Wildlife Refuge System (NWRS). The $514 million accounts
for cost-of-living increases for FWS personnel, while maintaining
current levels of visitor services and wildlife management. Funding
NWRS at $514 million would allow the NWRS to do its job of protecting
habitat and wildlife in a much more responsible way. It is of the
utmost importance that our Nation protects and enhances our NWRS for
future generations.
We ask the Senate Interior, Environment, and Related Agencies
Appropriations Subcommittee to provide strong funding for Refuge System
Visitor Services programs and Visitor Facility Enhancement Projects. In
the last few years many refuges have lost staff due to insufficient
funding. This has resulted in loss of protection, maintenance, and care
of the most valuable assets we have in the United States. Visitor
Services funding pays for many Friends and volunteer programs. The
Friends depend on this funding for programs that allow us to remain
effective stewards of our refuge.
Recognizing invasive species as a top threat to our refuge lands,
we also ask the subcommittee to continue their support ``for
cooperative projects with Friends groups on invasive species control''.
This funding supports worthy programs like competitive grants for
Friends groups and the Volunteer Invasive Monitoring Program. Utilizing
the energy and enthusiasm of Friends and volunteers is a proven,
effective and economical partnership for the NWRS and U.S. Fish and
Wildlife Service (FWS).
Friends of Wertheim NWR feels that the NWRS deserves $514 million
in Federal funding for fiscal year 2010 because FWS is the Federal
agency charged with conserving, protecting and enhancing the Nation's
fish, wildlife, and plants for the continuing benefit of the American
people. Another top priority of FWS is connecting people with nature:
ensuring the future of conservation. Therefore, a priority of Federal
funding must be to take action. While there is no doubt that our public
lands need to be managed through community partnerships/community
resources, the Federal Government should be the catalyst on Federal
lands to make this happen.
When the funding for the NWRS is compared to the entire national
spending it is not even a ``blip on the radar screen''. The NWRS is one
of our ``National Treasures'' and the dedicated Refuge staff, Friends
and volunteers do so much with so little. It is our hope that in 2010
and beyond there is increased funding that will do more than maintain
what we had last year; we need your help to address the $2.7 billion
backlog. Only by being ``faithful stewards'' of all of the NWRS in the
United States will we ensure that they will be here for our children
and our children's children. This is why we ask that you support our
NWRS with adequate funding, $514 million for fiscal year 2010. On
behalf of Friends of Wertheim NWR we thank you for your consideration
of our request.
______

Prepared Statement of Friends of Wallkill River National Wildlife
Refuges

Dear Madam Chair and honorable members of the subcommittee: I am
grateful you are holding public witness day, once again. I am
requesting $514,000,000 for all National Wildlife Refuges for
operations and maintenance, for fiscal year 2010. I would also like to
request emergency funding, now, for the United States Fish and Wildlife
Service and United States Geological Survey (USGS), to address the
White Nose Bat Syndrome (WNS) crisis: $2,500,000. For my own refuge,
Wallkill River National Wildlife Refuge, I request $3,280,000 for land
acquisition.
In these trying economic times it seems arrogant to ask for funds
for National Wildlife Refuges (NWR), something that might seem a
luxury. In fact our NWRs are a necessity. The United States Fish and
Wildlife Service (USFWS) are the people we have charged with protecting
and preserving our most sensitive habitats and wildlife. These are the
people who monitor and manage the wildlife and environment for current
and future generations of Americans. Today, they face challenges that
were inconceivable 20 years ago.
I would like to draw your attention to some very serious trends in
occurring in our environment, the ramifications of which are beyond
frightening This is not alarmism; its the reality of globalization. We
are seeing plagues of fungi and other pathogens wreaking devastating
mortality in our environment. In the late 1980's, a fungus called
Chytrid started killing off amphibians in Costa Rica, now it has spread
all over this country, South America, and parts of Europe and Africa.
In 2006, we saw colony collapse among the honey bees. Also in 2006, a
killing fungus got a foot hold on the cave dwelling bat species in the
caves near Albany, New York. This flesh eating fungus has now been
confirmed as having killed tree dwelling bats as well, meaning all bat
species are vulnerable. This fungus thrives in the cool, dark, damp
climate of caves and abandoned mines. Now that fungus, called WNS has
spread like wild fire and we are seeing 95-100 percent mortality of
several species of bats in 10 States. This has destroyed cave dwelling
bat populations from New Hampshire, south to West Virginia. These
plagues are just the tip of the iceberg, the first clear warnings of
what will affect the human populace sooner or later. Scientists fear
extinction of many bat species if we can not stop this within a year. I
encourage you to attend USFWS and USGS briefings May 1.
USFWS and the USGS are the Federal Emergency Management Agency
(FEMA) of the environmental world. These agencies have been
understaffed for far too long and now we are seeing the ramifications.
We have acted as if the environment were a luxury we could ignore.
Instead we are seeing just the beginning pathogens and invasive species
that can travel anywhere humans do. These are the agencies we entrust
to research and manage invasive species and endangered species. They
don't have the manpower or the funding to even begin to address these
catastrophes, spreading beyond control. We are in this situation
because we undervalued science and how the environment affects human
quality of life. We know very little about these aggressive fungi and
pathogens, how long before one arrives that wreaks havoc on the human
populace? We don't know the answer to that or how climate change will
affect the environment and impact on human life. We all assume there
are omniscient scientists lurking somewhere keeping us all safe; the
somebodies that: ``somebody should do something'' is referring to. They
aren't there, we didn't hire them, we didn't see that funding as a wise
investment in the well being of present and future American people.
These plagues on the environment are our wake-up call. White Nose
Bat Syndrome, (WNS) is killing literally all cave dwelling bats from
New Hampshire to West Virginia. Little Brown bats eat 500-1,000
mosquitoes per hour. They live about 30 years and produce only one baby
per year. If, we are able to stop WNS now, it would take at least 100
years for the populations to rebound to previous population levels. In
the region affected by WNS, there are mosquito transmitted diseases of:
West Nile Virus and Eastern Equine Encephalitis. Is our only option to
cover every thing with even more pesticides? What will that do to
pollinators? How will the ramifications of indiscriminate pesticide use
affect human health? Is it a risk we can afford to take? These are the
questions our scientists must address and answer. But, we do not now
have the scientific infrastructure to resolve these issues or to
prepare and prevent future catastrophes. It is time to establish a
National Laboratory, a central station housing these scientists from
these agencies.
What we Need.--Hearings on WNS; emergency funding for manpower and
research now; dedicated funds for 2010; enactment of the North American
Migratory Bat Act; maintaining captive breeding populations; and a
national laboratory.
A century ago the most dominant tree was the American chestnut, now
there are thought to be less than 500 known trees in existence.
Billions were killed off by a fungus that was inadvertently brought
over from Japan. Hemlock forests have been devastated by an insect
thought to be accidentally introduced from Asia. Likewise, elm trees
have also been destroyed by a fungus first discovered in Holland, but
originating in Asia. These are examples of the ramifications of
globalization, we are not prepared to address these issues.
We are only beginning to see the ramifications of climate change,
whether the cause is natural or human induced, we still have to address
those issues. There will need to be migratory corridors for wildlife
focusing on efforts in restoration and acquisition. We will see more
species appearing on the endangered species list as development
encroaches on what habitat is left. These changes will require careful
monitoring; it is the USFWS and USGS whose responsibility it is to
monitor, research, and access conditions and threats for the well being
of the American people.
In December 2007, you voted to give the NWR another $39 million
slated for alleviating staffing shortages. Those funds had the effect
of stopping the hemorrhaging of staff positions; the USFWS was able to
stop downsizing. All Regions were able to reach their 75 percent
manpower-25 percent operations budget. Alaska is 70 percent-30 percent
because of the higher costs there. It did nothing to restaff refuges
that had previously been unstaffed due to funding shortages. There are
approximately 30 percent of all refuges that are tier 1 or focus
refuges in the system, the refuges that are fully staffed.
Approximately 35 percent are tier 2 refuges meaning there are a few
staff members. There are approximately 35 percent tier 3 refuges which
have no staff and are not planned to have staff, if they will be
staffed at all, it will be after all of the tier 2 and tier 1 refuges
are staffed. The 1997 Refuge Improvement Act requires that ``each
refuge shall be managed'', to the criteria set forth in the act. The
USFWS is underfunded and can not meet the mandates of the Act with
current funding. As things are now, only one third of all refuges can
meet the mandates of the act.
In reality we are seeing 640,000 new unemployment claims, in the
United States, as of the week of April 18, 2009. We are at a
frightening 8.5 percent unemployment rate by household survey,
nationally. In southern New Jersey the rates are as high as 12 percent
unemployment. The USFWS currently has approximately 2,871 full time
employees. With funding of $514,000,000.00 it would allow the USFWS to
add 529 employees; that's almost one per refuge. According to CARE
data, the USFWS is understaffed by 2,867 personnel.
We are seeing increasingly more flooding conditions in our country.
Flood plains are also known as wetlands, swamps, river basins, and
watersheds. These just happen to be many of the most desired lands for
protection of endangered species and migratory bird habitat. I have
seen far too many times where FEMA funds have been distributed to flood
victims living in flood prone areas. These areas can flood again and
again. In some cases the home owners can no longer get insurance and
they can not sell their homes, FEMA digs them out when the floods come.
As a taxpayer I would prefer to see these lands paid for once, becoming
part of the National Wildlife Refuges System (NWRS) where these waters
have the ability to replenish the aquifer and reservoirs.
Wallkill is the primary Refuge in the area designated by the New
York, New Jersey, Pennsylvania, and Connecticut Highlands. The newest
refuge: Cherry Valley in Pennsylvania, is also in this area. These
areas have been protected because of their habitat for wildlife and
water recharge values. These areas are in the most congested areas of
the East Coast and warrant funds and manpower for safeguarding these
lands and wildlife in these areas.
We are requesting $3,280,000 for land acquisition for the Wallkill
River Refuge for 2010. Our fiscal year 2010 Land Water Conservation
Fund (LWCF) request for the Wallkill River National Wildlife Refuge
will allow the USFWS to acquire three critical resource and recreation
properties. They include the 324-acre Armstrong Bog with important bog
turtle habitat, the 52-acre Whispering Hills property supporting State
and federally listed species including the Indiana bat and wood turtle,
the 68-acre Wild Stone Canyon tract. These properties include rivers
streams, aquifer recharge zones, and critical wetlands to protect the
integrity of the Wallkill River National Wildlife Refuge and provide
habitat and migratory corridors for fish and wildlife. These wetlands,
watersheds, and forestlands helps filter pollution prevents erosion and
decreases the costs and damage from floods. Further, the protection of
forests and wetlands that protect and retain water provide significant
economic benefits to our communities by lowering water treatment costs.
Protection of clean drinking water is of the utmost concern to the
American public. Purchases of land and water with the LWCF--such as
these proposed at the Wallkill River National Wildlife Refuge--will
help maintain the long-term integrity of water quality and quantity at
the Refuge and in our surrounding New Jersey communities.
We thank you for your consideration of this LWCF funding request.
We are delighted to see the LWCF program identified as a top priority
for Secretary of the Interior, Kenneth Salazar, and join other groups
of the LWCF Coalition in urging support for increased overall funding
of the LWCF to meet needs at the Wallkill River National Wildlife
Refuge and refuges across the nation.
Wallkill is the primary Refuge in the area designated by the New
York, New Jersey, Pennsylvania and Connecticut Highlands. The newest
refuge: Cherry Valley in Pennsylvania, is also in this area. These
areas have been protected because of their habitat for wildlife and
water recharge values. These areas are in the most congested areas of
the East Coast and warrant funds and man power for safeguarding these
lands and wildlife in these areas.
Thank you for your time and consideration.
______

Prepared Statement of The Fort Peck Indian Reservation

The Fort Peck Tribes are pleased to present testimony on the fiscal
year 2010 budget. The Fort Peck Reservation encompasses 2.09 million
acres of which only 378,000 are tribally owned, with another 548,000
held as individual allotments. The Reservation population is 11,000
people. The tribes' unemployment rate on the Reservation is 57 percent
(BIA Labor Force Report, 2005). Of our tribal members who are working,
approximately 43 percent live below the poverty level (BIA Labor Force
Report, 2005). Given the enormous unemployment and poverty rates on the
Reservation, our needs for both Bureau of Indian Affairs (BIA) and
Indian Health Service (IHS) programs and services is substantial.
So many of the tribes' needs are for basic services; safe drinking
water, healthcare, law enforcement services, and safe, modern
facilities to house our program staff so that our members will utilize
the services and programs we have available. If the Federal Government
could assist the tribes with these core governmental services, our
members would be so much better off. Here are a few of our key funding
requests which ask the Congress and the administration to support.

BIA

The Fort Peck Reservation Rural Water System.--The tribes request
$457,809 for the operation, maintenance, and replacement (OM&R) of the
Fort Peck Reservation Water System. Congress enacted the Fort Peck
Reservation Rural Water System Act of 2000, Public Law 106-382, to
ensure safe and adequate municipal, rural, and industrial water supply
to all of the residents of the Fort Peck Indian Reservation. The law
directs that funding for the operation of the water system is to come
from the BIA. The tribes and the Bureau of Reclamation have completed
construction of many components of this important project, including
the raw water intake facility, and we now seek funding for the
operation, maintenance, and replacement costs for these components as
required by the act. It is important that our water treatment plant
staff have the resources they require to properly maintain this multi-
million dollar investment to provide safe drinking water to the
reservation and surrounding communities.
Funding for Law Enforcement Programs.--The need for increased law
enforcement remains a priority for the Fort Peck Tribes. While we
greatly appreciate the increases Congress provided last year, including
the increase for Meth Hot Spots and to address domestic violence on
Reservations, the amounts are insufficient to fulfill the United
States' basic trust responsibility in the areas of health and safety.
An independent ``Gap Analysis'' study prepared in 2006 for the BIA's
Office of Law Enforcement Services confirms the glaring shortage of law
enforcement officers in Indian country. The BIA's Office of Law
Enforcement Services divides Indian country into six districts. Montana
is located in district 5. In 2006, district 5 had 87 law enforcement
officers, including criminal investigators and telecommunication
operators. To reach the recommended level of 3.3 law enforcement
officers per 1,000 population, District 5 would need to increase its
law enforcement personnel by 135 to reach 222 law enforcement officers.
Of this amount 111 or 50 percent would be police officers. Unlike far
less violent non-Indian communities, which have 2.9 officers to every
1,000 inhabitants, Indian country averages about 1.3 officers for every
1,000 inhabitants. The Gap Analysis revealed that BIA District 5 is at
39 percent capacity for law enforcement. That is one of the primary
reasons our crime statistics are so poor. What has the BIA done with
this 2006 Gap Analysis report. Apparently, not much.
On the seven reservations in Montana for the 2-year period of 2004-
2005 (the period for which we have the most complete data), there were
10 murders, 62 forcible rapes, 1,147 aggravated assaults, and 529
burglaries. In 2007, the tribes' Public Safety Department was
responsible for addressing 3,956 offenses committed on the Fort Peck
Reservation, including 595 violent or serious offenses and 1,004
juvenile offenses. The BIA has reported that the Fort Peck Reservation
crime data ranks us in the top 10 for the worst crime areas in all of
Indian country. We need more resources in every area of law enforcement
from police staffing, tribal courts, detention, and equipment.
In the area of staffing, the Fort Peck Tribes' Public Safety
Department currently has 22 sworn personnel, less than half the number
needed to provide adequate coverage for our large reservation. These
officers cannot adequately patrol a 2 million acre reservation with a
population of more than 11,000 and a high incidence of substance abuse
and violent crimes. A survey of current officers has shown that they
will not continue to work for the tribes under conditions where they
must patrol alone, respond to calls without backup, and work longer
hours for the same or less pay.
To address this need, the Fort Peck Tribes request $1 million to be
added to the tribes' law enforcement base budget to ensure the
continued staffing and operation of the Fort Peck Tribes' Public Safety
Department. Without these funds, the Fort Peck Tribal Council will
reluctantly be forced to consider returning the operation and
management of the law enforcement department, which the tribes have
operated under an Indian Self-Determination Act contract since 1995, to
the BIA.
One issue that I would like to bring to the attention of the
subcommittee is the issue of how crime data is reported from the BIA to
the Federal Bureau of Investigation (FBI). Currently, the BIA reports
Indian country crime data to the FBI in the aggregate form, rendering
the data useless to the FBI. Consequently, tribal nations have missed
out on Department of Justice funding because DOJ relies on State and
tribal specific crime data in the distribution of funds. In Montana
alone, Montana tribal agencies may have been eligible for more than
$700,000 in stimulus Byrne/JAG direct allocation funding had the BIA
reported the district 5 data individually to the FBI. We would urge the
subcommittee to direct the BIA to work with the Department of Justice
to correct this and properly report tribal crime data so that it can be
utilized in allocating this desperately needed funding.
Equally as important as funding for law enforcement programs is the
funding for tribal courts. There has not been a significant increase in
the BIA tribal courts budget in almost 20 years. This is true despite
the fact that tribal court dockets have substantially grown in the last
20 years. Tribal courts serve an important and vital role in dispensing
justice in Indian country and must be fully funded.
Finally, in the area of law enforcement, I would be remiss if I did
not call for increased funding for detention facilities, for operation
and maintenance and construction. As the subcommittee well knows,
detention facilities in Indian country are overcrowded and in many
instances simply not safe for the inmates or the personnel. At Fort
Peck, we frequently have to release inmates before their release date
because we have to make room for other more violent offenders. This is
not safe for our community. Do not let the United States violate its
trust responsibility to us on so important an issue as public safety
and justice.
Tribal Colleges.--Tribal colleges are important institutions in the
remote tribal communities that they serve. On our Reservation, we
operate the Fort Peck Tribal College, a fully accredited institution
that offers associate degrees in arts, science, and applied sciences.
The college offers our students an opportunity to obtain a higher
education without having to leave their homes and families, which can
strain important cultural ties. The need for rural tribal colleges is
critical for many of our students, especially our single-parent
students who need family members in close proximity so that they can
assist in childcare duties. These students do not have the resources or
the network to attend school in Billings or Missoula. If it weren't for
our tribal college they would have no opportunity to improve their
lives through higher education. Today, with the economy shedding too
many jobs each month, we strongly urge the subcommittee to increase
funding for this vital program that is improving the lives of Indian
people.
Land Consolidation.--The tribes are very disappointed that Congress
failed to fund the Indian Land Consolidation Program. The failure of
the BIA to properly manage trust resources is in large measure the
result of land fractionation and the inability of the Department to
properly track the numerous interest holders of land. It has been well
proven that the only way to avert this continuing problem is to
consolidate these interests into tribal ownership. Indian Land
Consolidation makes both good financial and land management sense. We
would urge the subcommittee to restore funding for this important
program.

IHS

While we are not familiar with the exact details of the President's
fiscal year 2010 budget request, we are encouraged by the outlines that
have been released. The proposed $400 million increase in IHS funding
will finally begin to address the staggering health deficits
experienced in Indian country.
The health indicators in Indian communities consistently
demonstrate higher infant mortality, teenage suicide, accident,
alcoholism, diabetes, and heart disease rates among Indian people when
compared with other minorities and the general American population. Yet
money directed to healthcare, especially preventative care--such as
routine checkups and health education--that clearly improves the
quality of life and helps avoid more expensive healthcare costs in the
future, has not been provided. The Federal Government has a trust
responsibility--reaffirmed through treaties, legislation, executive
orders, congressional policies and Presidential administrations--to
provide healthcare to Native Americans, an obligation that was paid for
by the Native people of this county with millions of acres of land,
resources, and our traditional way of life. We fully support President
Obama's position that healthcare is a critical element to having a
healthy workforce.
Contract Health.--The Fort Peck Tribes alone need a near doubling
of our inadequate Contract Health Care budget--to $11 million--to meet
the growing health demands of our more than 11,000 tribal members. Far
too many members are not referred out for Contract Health Care Services
that their primary healthcare professionals determine are medically
necessary because we are at level 12. Members are told that no funds
are available for Contract Health Services. Patients requiring
surgeries are mostly given prescriptions for pain instead of receiving
Contract Health Services.
Our community suffers from unusually high cancer death rates, and
we fear that it is because the patients are not referred to outside
providers until they have reached the inoperable stage. The crisis is
so acute that in July 2008, the tribes declared a healthcare emergency.
We would urge Congress to double the funding for Contract Health Care.
Healthy families will help strengthen the social and spiritual fabric
of our reservation.
Facilities Construction.--The need for Contract Health Care funding
only highlights the tribes' need for a fully staffed and equipped
health facility capable of providing a full range of medical services.
The IHS needs to evaluate and plan the process for new in-patient
facilities in Montana.
I return to the original point in my testimony; the United States
must assist tribes address basic governmental services such as safe
drinking water, safe streets and communities, fair judicial systems,
healthcare. More than 20 years ago, an earlier Congress noted that when
there is community stability--with core governmental services being
met--``Indian tribes are in the best position to implement economic
development plans, taking into account the available natural resources,
labor force, financial resources and markets.''
The United States boasts the best healthcare system in the world.
The time for improved healthcare services in Indian country is long
overdue.
Thank you for providing me the opportunity to present the views of
the Fort Peck Tribes.
______

Prepared Statement of the Friends of Virgin Islands National Park

Madam Chairman and honorable members of the subcommittee: We
appreciate the opportunity to provide testimony on behalf of an
important land acquisition funding need at Virgin Islands National
Park. An appropriation of $6.75 million from the Land and Water
Conservation Fund (LWCF) is requested in fiscal year 2010 to continue
the acquisition of the unique Maho Bay property by the National Park
Service (NPS). We were very pleased to learn that your subcommittee
provided $2.25 million to begin this project in fiscal year 2009.
I represent the Friends of Virgin Islands National Park, a
501(c)(3) nonprofit organization, dedicated to the protection and
preservation of the natural and cultural resources of Virgin Islands
National Park and to promoting the responsible enjoyment of this
national treasure. We have more than 3,000 members--20 percent of whom
live in the Virgin Islands and the balance represent every State in the
Union.
We carry on the rich tradition of using private philanthropy for
the betterment of this park as well as mobilize volunteers and
community participation. In our 19 years of work in support of Virgin
Islands National Park we have been involved in many initiatives,
projects, and activities that help this park be a model of natural
resource protection and cultural preservation--but none have been as
important as our work in support of the acquisition of Estate Maho Bay
and its incorporation within the park.
We have played the important role of informing and motivating the
community about the issues related to the preservation of Estate Maho
Bay. But motivation was hardly needed; the preservation of Estate Maho
Bay and ensuring unimpeded access to this spectacular area enjoys near
unanimous support among native St. Johnians, residents who have moved
here from mainland United States and visitors alike--no easy feat for a
community that prides itself in its diversity of opinions.
Virgin Islands National Park, located on the island of St. John, is
a tropical paradise preserved for the enjoyment and edification of the
public. Beautiful white sand beaches, protected bays of crystal blue-
green waters, coral reefs rich in colorful aquatic life, and an on-
shore environment filled with a breathtaking variety of plants and
birds make St. John a magical place. More than 800 species of trees,
shrubs, and flowers are found in the park, and more than 30 species of
tropical birds breed on the island, which was designated an
international Biosphere Reserve by the United Nations in 1976. St. John
is also home to two species of endangered sea turtles--the hawksbill
and the green. In addition, the park contains archeological sites
indicating settlement by Indians as early as 770 B.C. The later
colonial history of St. John is also represented by remnants of the
plantations and sugar mills established by the Danes in the 18th and
19th centuries.
One of St. John's most popular eco-campgrounds sits on a cliff
overlooking Maho Bay and its pristine white sand beaches. The bay's
campgrounds create memorable vacations in the beautiful setting of St.
John without sacrificing the delicate ecosystem of the island. Few
places on earth match the breathtaking beauty of Maho Bay. A lush
forested slope rising nearly 1,000 feet rims its crystal waters and
soft white beaches. Hundreds of tropical plant species and more than 50
species of tropical birds fill these lands on the island of St. John,
at the heart of the American paradise of Virgin Islands National Park.
Just offshore are seagrass beds, green turtles, and magnificent coral
reefs. This fragile area contains large nesting colonies of brown
pelicans, as well as the migratory warblers and terns that winter on
St. John. In addition to its natural treasures, the largest
concentration of historic plantations and ruins on the island is found
within this area.
Available within the Virgin Islands National Park boundaries in
fiscal year 2010 is the second phase of a 207-acre acquisition at Maho
Bay. This Maho Bay property offers spectacular views of the bay and
includes some beachfront. It is extremely important because of their
relationship to the whole undeveloped area and its cultural resources.
Though the park boundaries cover a broad area of St. John, NPS
actually owns two separated blocks of land. A smaller block covers the
northeastern shore of the island, and a larger, more contiguous block
extends from the southern to northwestern side. The acquisition of the
Maho Bay property would be the first link of these two blocks, ensuring
future access, resource connectivity, and seaside protection.
Wetlands in the lower portion of the watershed provide adequate
sediment retention for the undeveloped nature of this area. As a result
of long-term geological processes, the topography created by these
processes and the historical rise of sea level during the past 5,000
years, a large, rare, and complicated freshwater dominated wetland
developed throughout the basin. It represents a natural stage wetland
typical of large watersheds with relatively flat basin topography. The
Maho Bay wetland is the largest of this type on St. John and along with
the Magens Bay wetland on St. Thomas, one of only a few of this type in
the territory. These wetlands provide habitat to numerous species of
shorebirds, water fowl and other wildlife, several listed as endangered
under the V.I. Endangered and Indigenous Species Act. Others are
protected under various Federal laws and treaties.
The land was historically used during the plantation era for
agricultural activities such as sugar cane, coconut, and cotton
cultivation. The lands include portions of several historic plantation
era sugar estates. The Maho Bay area contains the highest density of
plantation era estates on St. John. Preservation of these sites is
important in reconstructing the history and heritage of St. John. With
increasing growth and investment throughout the Caribbean--including
places not far from the unspoiled beauty of St. John--this vulnerable
land has been the focus of intense development threats. In recent
years, more than one investor envisioned private development along
these shores, which would have jeopardized the unique character of Maho
Bay. Once this land is acquired by the park, future visitors will be
treated to spectacular views of Maho Bay and some of the most
accessible and scenic shoreline and waters on St. John.
The total estimated fair market value of the 207 acres is $18.6
million. This property is being made available to NPS for a total of $9
million over 2 years, with the balance to be provided through private
donations of cash and land value. As $2.25 million was provided in
fiscal year 2009, this year, an appropriation of $6.75 million is
needed from the LWCF toward the purchase of the remaining 181 acres of
these valuable lands.
I also respectfully request a substantial increase in overall
funding for the LWCF, specifically urging the subcommittee to provide
$325 million for the Federal LWCF in the fiscal year 2010 Interior,
Environment, and Related Agencies Appropriations bill. I applaud the
LWCF funding increases provided by this subcommittee in fiscal year
2009, which included the funds for Virgin Islands National Park. And,
we are most thankful that the Obama administration budget recognizes
the importance of these programs by proposing significant increases for
fiscal year 2010 and setting a goal to achieve full funding of the LWCF
in the next 5 years.
The LWCF is our Nation's premier program to acquire and protect
lands in national parks, national wildlife refuges, national forests,
Bureau of Land Management units and other Federal land systems. This
program faces an extensive and growing backlog of land acquisition
needs across the Nation. Public lands provide innumerable social and
economic benefits including a healthy lifestyle, protection of
watersheds and drinking water supplies, wildfire reduction and
prevention, and assistance to wildlife and fisheries as they adapt to
climate change. We urge you to renew this wise investment in America's
natural heritage and take steps to toward full and consistent funding
of these vital programs.
Madam Chairman and distinguished subcommittee members, I want to
thank you for this opportunity to testify on behalf of this important
national protection effort in Virgin Islands National Park. On behalf
of the Friends of Virgin Islands National Park and the more than 1
million visitors to the park each year, I appreciate your consideration
of this funding request.
______

Prepared Statement of the Great Lakes Geologic Mapping Coalition

Background and Funding History.--The Great Lakes Geologic Mapping
Coalition was established in 1997 by the Illinois, Indiana, Michigan,
and Ohio State Geological Surveys, in partnership with the U.S.
Geological Survey (USGS). In January 2008, it expanded to include the
Minnesota, New York, Pennsylvania, and Wisconsin State Geological
Surveys. The central task of the Coalition is to make three-dimensional
(3-D) geologic maps characterizing the region's near-surface deposits
to depths of several hundred feet for decisionmakers. From fiscal year
2000-2008, the Coalition program was a $500,000 line item in the Earth
Surface Dynamics Program of the USGS, and from fiscal year 2004-2008
was included in the President's budget. In the fiscal year 2009
President's budget request, the $500,000 was removed, and then restored
and increased to $750,000 in the House Appropriations Committee mark.
The Coalition also was programmatically relocated to the USGS' National
Cooperative Geologic Mapping Program (NCGMP). On March 30, 2009, the
National Geologic Mapping Reauthorization Act (containing the NCGMP)
was signed into law by President Obama as part of the Omnibus Public
Lands Act with $750,000 for the Coalition and required match funds from
the States. The $750,000 for the Coalition is included in the NCGMP in
the fiscal year 2010 President's budget.
Programmatic Funding Request.--For fiscal year 2010, the Coalition
requests an incremental programmatic increase of $4,250,000 in the
Senate Interior, Environment, and Related Agencies appropriations bill
that places specific funds for the Great Lakes Geologic Mapping
Coalition within the USGS' National Cooperative Geologic Mapping
Program. We urge the subcommittee to recognize the value that geologic
mapping provides in addressing issues such as natural resources, water,
and sustainability. To supplement Federal funds, Coalition members have
dedicated millions of their State funds to this mapping. However,
additional Federal funds are needed to ramp up the program so it can
provide economically and environmentally important information in a
timely fashion to local and State decisionmakers in the Great Lakes
region.
Justification.--The 3-D maps produced by the Coalition not only
show the various materials lying at land surface, they also show ``what
lies beneath''. For example, aquifers containing water resources can
now be delineated in much greater detail than previously possible. A 3-
D map gives water resource planners the tools to determine potable
water supplies, ascertain their sustainable capacity, and ensure a
balance between water use and protection from potential contamination.
It also provides planners with the information necessary to avoid areas
(and future costly liabilities) where natural hazards might exist at
and below the surface, such as loose soils that enhance earthquake
shaking, and terrain subject to erosion, flooding, or subsidence.
Finally, regional and national concerns addressed by the Coalition
include rapidly increasing water demands of energy facilities,
including CO2 sequestration, ethanol plants, and coal-to-
liquid/gas facilities. These demands, as well as those for high-water-
use industries, require information about the extent, continuity, and
thickness of the geologic materials that provide their water supplies.
Findings also provide critical information related to Global Climate
Change (e.g., evaluating water as an impacted resource) and Homeland
Security (e.g., water resource assessment, displaced populations,
infrastructure support, etc.) both significant Federal issues.
Appropriate funding for the Coalition will help provide all of this
information in a timely fashion.

Priority areas for geological mapping in the Coalition States were
determined by each State geological survey in cooperation with their
federally mandated Mapping Advisory Committee, composed of individuals
from the private sector, State universities, county governments, and
other State agencies. Priority areas include urban/suburban areas
experiencing rapid growth and concurrent water resource challenges,
areas of high recreation use, transportation corridors, regions with
known energy development, and areas with environmental and homeland
security demands.
The Coalition States are unique within the United States because
they have (1) thick, complex, multiple layers of sediments deposited
during several glacier advances; the glacial sediments laid down during
each of these glaciations contain groundwater resources used by a large
percentage of their residents; (2) high population (about 80 million);
(3) a long-standing tradition of light and heavy industry; (4) serious
brownfield redevelopment issues; (5) high agricultural productivity;
and (6) considerable demands on water resources from the energy sector.
Unfortunately, only a small percentage of the surface deposits of these
States has been mapped to address critical land- and water-use
decisions that State and local officials must make to cope with these
unique and interrelated regional geological and cultural
characteristics.
No single agency among the Coalition partners has the financial,
technical, or physical resources to conduct a massive geological
mapping effort at the national standard scale of 1:24,000 (1 inch' on
the map is equal to 2,000 feet on the ground). Therefore, the Coalition
relies on the combined physical and intellectual resources of all
agencies, in concert with increased Federal funding. This combination
allows 3-D geological mapping to be conducted in the most cost-
efficient manner as it provides critical information to county/
municipal decisionmakers, developers, and industrial/commercial
concerns.
The Coalition's mapping program commenced in 2000 with 3-D mapping
of pilot areas in county-sized regions of Illinois, Indiana, Michigan,
and Ohio. For several years, Coalition members have dedicated millions
of State dollars to this mapping effort. We estimate that it will
require $40 million per year over 15 years to complete mapping in the
highest-priority areas of the 8 States. This figure is the optimum
amount needed to produce new information in a timely fashion. At the
present level of Federal funding, the Coalition estimates that it will
take more than 100 years to produce 1:24,000-scale, 3-D geological maps
of the high-priority areas. Even with the infusion of millions of State
dollars already committed to this task, critical land- and water-use
decisions that may have negative impacts on the region's long-term
economic development and environmental security, will be made in
ignorance of basic geologic facts. Particularly, it is well-known that
important economic development opportunities in these States have
already been lost because geologic information was lacking and economic
development opportunities located elsewhere.
A thorough economic assessment of statewide mapping was conducted
for Kentucky, the only State to be completely geologically mapped at
the 1:24,000-scale. Based on extensive polling of map users,
professional economists conservatively concluded that each Federal and
State dollar invested in geological mapping generated $25-$39 in
economic benefits. Furthermore, the Kentucky maps, originally intended
to boost the State's mineral and energy industries, primarily have been
used to address water supply and protection issues, growth and
development concerns, environmental problems, and mitigation of a
variety of natural hazards.
Senate and House offices for the last 2 years have received
hundreds of supportive constituent letters for the Coalition from
State, county, and municipal agencies, county and regional economic
development corporations, regional government entities, universities,
consulting companies, soil and water conservation districts,
professional associations, environmental groups, State and local
political office holders, and private practicing geologists. There is
no known opposition to this program.
Finally, although funding constraints necessarily have slowed the
pace of mapping, the Coalition has achieved significant milestones over
the last 12 years. It has significantly improved the efficiency of
geological mapping and map production, and shown its capacity to
perform and produce at appropriate funding levels.
--The long-term Lake County, Illinois land-use plan requires
Coalition information for future development planning because
the location of buried aquifers, recharge areas, and
vulnerability of aquifers to potential contamination are major
issues. Geologists have been working closely with Lake County
municipalities to help delineate groundwater resources, model
groundwater flow, and ascertain long-range growth and
development plans. Lake County government officials have stated
that geologic information is as basic to a county's needs as
soil information and air photos and have pressed us to speed up
our mapping program. Illinois has also initiated mapping within
the city of Chicago to address brownfield re-development
concerns, Lake Michigan shoreline issues (erosion, shoreline
protection, sedimentation, beach replenishment, redevelopment,
and near-shore lake bottom paving), construction favorability
conditions, contamination hazards, aggregate for construction,
and land suitability for open space and wetlands.
--In northeastern Indiana, 3-D geologic mapping of glacial sediments
has been initiated to develop models of how these materials
were deposited. The materials enclose a major aquifer system
that has experienced a long-term decline in groundwater levels.
The 3-D geologic interpretation is the first step in developing
a model for the aquifer system, which will help in
understanding groundwater flow and recharge. In addition, the
Coalition completed an educational and outreach effort focused
on Allen County, where Fort Wayne, Indiana's second largest
city, is located. A Web site was created to disseminate much-
needed geologic information about accessing and protecting
groundwater and mineral resources. This Web site, written for
the general public and water- and mineral-resource,
environmental, planning, and public health professionals,
includes an Internet map server where online maps can be
constructed and with Web pages containing educational summaries
and discussions of the geology of Allen County. It also offers
databases that can be downloaded by any user.
--In Berrien County, Michigan, 3-D geologic mapping saved the village
of Coloma more than $50,000 by using newly available aquifer
information when an elementary school discovered contamination
in their groundwater supply well. The same map was also used to
exclude the location of a ``peaker'' power plant in an area of
inadequate groundwater for cooling water needs. Consultants
used the information to help cleanup a Superfund site in Benton
Harbor, as well as locate an irrigation well for a planned golf
course. Also, real estate developers have recognized that
Berrien County geological maps are important for understanding
land use and development potential. Spin-off products have
included maps showing directions and rates of groundwater flow
in the county, as well as primary areas of groundwater
recharge, all essential for assessing water resource
availability and ensuring ``green'' economic development.
Preliminary mapping on the border of Manistee and Wexford
Counties has located a huge, previously unknown reserve of
high-quality foundry sand for the automotive industry.
--In central Erie County, Ohio, the Coalition completed 3-D geologic
mapping that delineates the area's most important buried
aquifer. Advanced groundwater flow modeling performed by
Coalition partners at the Indiana Geological Survey, based on
the 3-D geology, provided information on the aquifer's
groundwater flow contributions to Lake Erie, as well as
sustainability for public water supplies and vegetable crop
irrigation. In addition, this work has provided the data needed
for assessing aquifer vulnerability, particularly in connection
with a county landfill and two SuperFund sites that are in the
mapping area. These innovative 3-D mapping processes first
employed to digitally model the surface deposits of Erie County
now have been implemented in Delaware and Pickaway Counties in
central Ohio, thereby increasing the speed at which mapping can
be completed. Also, shallow geophysical methods capable of
penetrating to depths of 100 feet are now being used for
surface/groundwater interaction studies, depth to bedrock
investigations, determining seismic risk potential, and
ascertaining the thickness of potential sand and gravel
deposits for resource studies.
Congressional allocation of an additional $4,250,000, will allow
further implementation of the above and expansion of the Coalition
program to other regions of the four original Coalition States, as well
as initiate new programs in the four newly added States. Your
consideration regarding our request is greatly appreciated.
______

Prepared Statement of the Great Lakes Indian Fish and Wildlife
Commission

AGENCIES--BUREAU OF INDIAN AFFAIRS (BIA) AND ENVIRONMENTAL PROTECTION
AGENCY (EPA)

BIA Treaty Rights Protection/Implementation.--$4,327,000 ($452,000
more than fiscal year 2009 appropriation).
Agency/Program Line Item.--Department of the Interior, BIA,
Operation of Indian Programs, Trust-Natural Resources Management,
Rights Protection Implementation, Great Lakes Area Resource
Management.\1\
---------------------------------------------------------------------------
\1\ The requested BIA funds reflect Great Lakes Indian Fish and
Wildlife Commission's (GLIFWC) allocation of this line item that also
funds the 1854 Treaty Authority.
---------------------------------------------------------------------------
Funding Authorizations.--Snyder Act, 25 U.S.C. Sec. 13; Indian
Self-Determination and Educational Assistance Act, 25 U.S.C.
Sec. Sec. 450f and 450h; and the treaties between the United States and
GLIFWC's member Ojibwe Tribes, specifically Treaty of 1836, 7 Stat.
491, Treaty of 1837, 7 Stat. 536, Treaty of 1842, 7 Stat. 591, and
Treaty of 1854, 10 Stat. 1109.\2\
---------------------------------------------------------------------------
\2\ The rights guaranteed by these treaties, and the associated
tribal regulatory and management responsibilities, have been affirmed
by various court decisions, including a 1999 U.S. Supreme Court case.
---------------------------------------------------------------------------
EPA Environmental Programs and Management.--$300,000 (fiscal year
2004 enacted).
Agency/Program Line Item.--EPA, Environmental Programs and
Management (funneled through the EPA's Great Lakes National Program
Office).
Funding Authorizations.--Clean Water Act, 33 U.S.C. Sec. 1268(c);
and treaties cited above.

GREAT LAKES INDIAN FISH AND WILDLIFE COMMISSION'S (GLIFWC) GOAL--A
SECURE FUNDING BASE TO FULFILL TREATY PURPOSES

As Congress has recognized for 25 years, funding for GLIFWC's
conservation, natural resource protection, and law enforcement programs
honors Federal treaty obligations to 11 Ojibwe tribes and provides a
wide range of associated public benefits. GLIFWC seeks an inflation-
adjusted secure funding base to: (1) implement Federal court orders and
intergovernmental agreements governing the exercise of treaty-
guaranteed hunting, fishing, and gathering rights; and (2) participate
in management partnerships in Wisconsin, Michigan, and Minnesota.

ELEMENTS OF GLIFWC'S FUNDING REQUEST

BIA Treaty Rights Protection/Implementation.--$4,327,000. As its
primary Indian Self-Determination and Educational Assistance Act
funding base, GLIFWC seeks to maintain consistent, stable funding,
restore and protect jobs, and restore diminished service capacity,
including:
--$227,000 \3\ to restore base funding to 2002 levels--to restore two
full-time equivalent positions and related costs, replace four
vehicles and restore diminished services including cuts to
scientific research and monitoring activities;
---------------------------------------------------------------------------
\3\ This amount includes $151,000 in fixed pay costs that the
Bureau has been providing but that needs to be preserved in future
appropriations.
---------------------------------------------------------------------------
--$150,000 for conservation enforcement and emergency services--to
restore two full-time equivalent positions and related costs
and provide digital radio upgrades; and
--$75,000 for cultural infusion programs--to retain one full-time
equivalent position and related costs to implement programs to
sustain and foster inter-generational transfer of Chippewa
language, lifeways and traditional ecological knowledge.
EPA Environmental Programs and Management.--$300,000. As an EPA
funding base for its primary environmental program elements, GLIFWC
seeks to:
--Provide $190,000 for basic scientific/technical capabilities to:
(1) including the Binational Program to Restore and Protect
Lake Superior and other Great Lakes regional protection and
restoration initiatives); (2) carry out habitat and human-
health related research; and (3) provide the requisite analysis
and data to support participation in regional initiatives and
to assess the impact of particular projects on tribal treaty
rights.
--Provide $110,000 to undertake three habitat and human health-
related research projects regarding: (1) GLIFWC's fish
consumption mercury advisory program; (2) invasive species
impacts on the Lake Superior food web; and (3) a global climate
change pilot project.
ceded territory treaty rights--glifwc's role and programs

Established in 1984, GLIFWC is a natural resources management
agency for its 11-member Ojibwe tribes regarding their ceded territory
(off-reservation) hunting, fishing and gathering treaty rights. Its
mission is to: (i) ensure that its member tribes are able to exercise
their rights for the purposes of meeting subsistence, economic,
cultural, medicinal, and spiritual needs; and (ii) ensure a healthy,
sustainable natural resource base that supports those rights. GLIFWC is
a ``tribal organization'' within the meaning of the Indian Self-
Determination and Educational Assistance Act (Public Law 93-638). It is
governed by a Constitution developed and ratified by its member tribes
and by a board comprised of the chairs of those tribes.
GLIFWC operates a comprehensive ceded territory hunting, fishing,
and gathering rights protection/implementation program through its
staff of biologists, scientists, technicians, conservation enforcement
officers, policy specialists, and public information specialists. Its
activities include: (1) natural resource population assessments and
studies; (2) harvest monitoring and reporting; (3) enforcement of
tribal conservation codes in tribal courts; (4) funding for tribal
courts and tribal registration/permit stations; (5) development of
natural resource management plans and tribal regulations; (6)
negotiation and implementation of agreements with State, Federal, and
local agencies; (7) invasive species eradication and control projects;
(8 biological and scientific research, including fish contaminant
testing; and (9) development and dissemination of public information
materials.

JUSTIFICATION AND USE OF THE REQUESTED FUNDS

For 25 years, Congress has recognized GLIFWC as a cost-efficient
agency that plays a necessary role in: (1) meeting specific Federal
treaty and statutory obligations toward GLIFWC's member tribes; (2)
fulfilling conservation, habitat protection, and law enforcement
functions required by Federal court decisions affirming the tribes'
treaty rights; (3) effectively regulating harvests of natural resources
shared among the treaty signatory tribes; and (4) serving as an active
partner with State, Federal, and local governments, with educational
institutions, and with conservation organizations and other nonprofit
agencies.
Particularly relevant to the requested EPA funds, tribal members
rely upon treaty-protected natural resources for religious, cultural,
medicinal, subsistence, and economic purposes. Their treaty rights mean
little if contamination of these resources threatens their health,
safety, and economy, or if the habitats supporting these resources are
degraded.
With the requested stable funding base, GLIFWC will:
--Maintain the Requisite Capabilities To Meet Legal Obligations, To
Conserve Natural Resources and To Regulate Treaty Harvests.--
Without an increase in its base funding, GLIFWC is at risk of
losing 10 percent of its full-time employees through attrition
or job cuts. Flat-line funding, annual across-the-board budget
cuts, contract support cost shortfalls, rising fixed costs, and
diminishing ``soft funding'' sources have combined to undermine
GLIFWC's capacity to fulfill its obligations under a number of
Federal court decisions and intergovernmental agreements,
namely to provide a wide range of natural resource management
and conservation law enforcement services that must be in place
before tribal members may exercise their treaty rights. These
cuts also undermine GLIFWC's capacity to sustain conservation
partnerships and cooperative management responsibilities with
State, Federal, and local governments, with educational
institutions, and with conservation organizations and other
nonprofit agencies.
--Remain a Trusted Environmental Management Partner and Scientific
Contributor in the Great Lakes Region.--With the requested EPA
funding base, GLIFWC would maintain its ability to bring a
tribal perspective to the interjurisdictional mix of Great
Lakes managers.\4\ It also would use its scientific expertise
to study issues and geographic areas that are important to its
member tribes but that others may not be examining.\5\
---------------------------------------------------------------------------
\4\ GLIFWC currently participates on a regular basis in the
Binational Program to Restore and Protect Lake Superior, International
Joint Commission and SOLEC forums, the Great Lakes Regional
Collaboration, and the implementation of agreements to regulate water
diversions and withdrawals under the Great Lakes Charter, Annex 2001.
\5\ With the requested fiscal year 2010 EPA funds, GLIFWC would:
(1) continue its long-standing program to collect and test fish for
mercury and to communicate testing results through healthcare providers
and GIS maps; (2) document the diet of important species of Lake
Superior fish in order to understand potential changes over time due to
invasive species or other causes; and (3) identify climate variables
that affect the presence, health, and abundance of selected natural
resources that are harvested by GLIFWC member tribes.
---------------------------------------------------------------------------
The lack of a secure, ongoing EPA funding base jeopardizes GLIFWC's
role as a trusted environmental management partner and scientific
contributor in the Great Lakes region. This is particularly true given
important recent initiatives such as the Great Lakes Regional
Collaboration in which GLIFWC participates as a full partner. A secure
funding base is crucial to provide the basic infrastructure that allows
access to competitive project funding and discretionary grants.
Maintain the Overall Public Benefits That Derive From its
Programs.--Over the years, GLIFWC has become a recognized and valued
partner in natural resource management, in emergency services networks,
and in providing accurate information to the public. Because of its
institutional experience and staff expertise, GLIFWC provides
continuity and stability in interagency relationships and among its
member tribes, and contributes to social stability in the context of
ceded territory treaty rights issues.
Over the past 25 years, GLIFWC has built many partnerships that:
(1) provide accurate information and data to counter social
misconceptions about tribal treaty harvests and the status of ceded
territory natural resources; (2) maximize each partner's financial
resources; (3) avoid duplication of effort and costs; (4) engender
cooperation rather than competition; and (5) undertake projects and
achieve public benefits that no one partner could accomplish alone.

OTHER RELATED APPROPRIATIONS CONCERNS

Full Funding of BIA Contract Support Costs.--GLIFWC seeks full
funding of its contract support costs as required by the Indian Self-
Determination and Educational Assistance Act. The BIA has consistently
failed to fully fund indirect contract support, despite GLIFWC's
uniformly low indirect cost rates--proposed at 16.3 percent for fiscal
year 2009. GLIFWC estimates its direct and indirect contract support
shortfall at approximately $280,000 for fiscal year 2009. This
shortfall cuts significantly into program funding.
BIA Circle of Flight Tribal Wetland and Waterfowl Initiative.--
Congress should restore and fully fund this long-standing tribal
contribution to the North American Waterfowl Management Plan that was
eliminated in 2009.
______

Prepared Statement of the Green Mountain Club

Madam Chairman and honorable members of the subcommittee: Thank
you, Madam Chairman, for the opportunity to present this testimony in
support of the Eden Forest project in Vermont. An appropriation of $2.2
million is needed from the Forest Legacy Program (FLP) to protect the
second phase of the 5,727-acre Eden Forest property.
I also respectfully urge a substantial increase in overall funding
for the FLP, specifically urging the subcommittee to provide $125
million for the program in the fiscal year 2010 Interior, Environment,
and Related Agencies Appropriations bill. I applaud the FLP funding
provided by this committee in fiscal year 2009, including $1.8 million
for the first phase of this project. We are thankful that the Obama
administration budget recognizes the importance of this and other
Federal land conservation programs by proposing significant increases
for fiscal year 2010.
The FLP in Vermont seeks to protect large contiguous and productive
forest blocks, wildlife habitat dependent on large contiguous forest
blocks, threatened and endangered species habitat, State fragile areas
and undeveloped shoreline, significant wetlands, and important
recreation corridors.
The State's top FLP priority for fiscal year 2010 is the 5,727-acre
Eden Forest. Situated on the spine of the northern Green Mountains in
Eden and Johnson, this large contiguous timber tract is truly a high-
quality forest, which contains two unique natural communities known as
red spruce hardwood swamp and semi-rich northern hardwood forest. The
property has been managed for timber for more than 50 years and has
valuable forest and forest roads.
Eden Forest is adjacent to 24,188 acres of conserved land and
shares a common boundary with the Long Trail State Forest and the Long
Trail corridor itself for approximately 4 miles. The Long Trail is the
Nation's oldest long-distance hiking trail and one of Vermont's most
cherished cultural resources. The property also contains portions of
both Bowen and Butternut Mountain summits. Its protection would create
a 30,000-acre block of protected land, a significant unfragmented
``core'' forest in Vermont's northern woods.
Eden Forest's close proximity to the Babcock Nature Preserve, the
Atlas Timberlands, and Green River Reservoir State Park, coupled with
the large unfragmented nature of the property will provide a haven for
many wildlife species. More than 5,000 acres of the property is
considered ``core'' habitat and has received a high wildlife linkage-
value rating by the Vermont Department of Fish and Wildlife. The
property has 120 acres of beaver wetlands that provide habitat for wood
ducks, wood turtles, and many species of warblers. A rookery for great
blue herons, a rare species in Vermont, was found at one of the
property's wetland complexes.
The Eden Forest property also encapsulates almost the entire
watersheds of two Gihon River headwater streams, Stony Brook and Wild
Brook. It also contains approximately one-half mile of frontage on both
sides of the Gihon River itself, which is a tributary of the Lamoille
River, and abuts Vermont's scenic Route 100. The property also includes
more than 46 miles of streams and wetland areas that make up part of
the Gihon River headwaters. The Lamoille County watershed plan
recognizes the importance of protecting the Gihon River headwaters area
for its near-pristine natural condition, wildlife and fish habitat
value, timber value, and location adjacent to a core of protected land.
Numerous wetlands dot the extensive property, including the 6-acre
Lanpher Meadow.
Historically, the Eden Forest property has also provided numerous
recreational activities such as hiking, hunting, and cross-country
skiing. Snowmobiling is also allowed, and the property hosts trails
that are managed by the Vermont Association of Snow Travelers (VAST).
These activities all make up an important part of the local tourist
economy.
Eden Forest is under immediate pressure from development. According
to 2000 census data, the town of Eden has the second highest percentage
of population growth in Lamoille County, and its projected population
growth through 2015 is expected to continue at a higher rate than
almost any other town in the county. Eden also had a 25 percent
increase in the number of housing units from 1990 to 2000, indicating a
high demand for new homes in the area. This type of sprawl is largely
to blame for the fragmentation of Vermont's forests and farms. With its
first-rate access to Route 100, low-elevation open meadows, well-
developed road network, southern exposure, scenic views, and proximity
to the major cities in Vermont, Eden Forest is vulnerable to
fragmentation.
Recognizing the importance of protecting crucial forest resources,
Congress appropriated $1.8 million in fiscal year 2009 to begin the
acquisition of a conservation easement on Eden Forest. In fiscal year
2010, $2.2 million is requested from FLP funds to complete the
protection of the vast 5,727-acre Eden Forest property.
Thank you, Madam Chairman, for the opportunity to submit testimony
in support of a worthy FLP in Vermont.
______

Prepared Statement of the Georgia River Network

Madam Chairman and honorable members of the subcommittee: Thank you
for the opportunity to present this testimony in support of two
national forest land conservation projects in Georgia. An appropriation
of $1.5 million is needed to acquire the 450-acre first phase of the
Cedar Creek property in the Oconee National Forest (NF), and an
appropriation of $1.2 million is needed to protect the 84-acre Bear
Mountain tract in the Chattahoochee NF. These funds from the Land and
Water Conservation Fund (LWCF) will allow the Forest Service to acquire
these important inholdings.
I also respectfully request a substantial increase in overall
funding for the LWCF, specifically urging the subcommittee to provide
$325 million for the Federal LWCF in the fiscal year 2010 Interior and
environment appropriations bill. I applaud the LWCF funding increases
provided by this committee in fiscal year 2009. And, we are most
thankful that the Obama administration budget recognizes the importance
of these programs by proposing significant increases for fiscal year
2010 and setting a goal to achieve full funding of the LWCF in the next
5 years.
The LWCF is our Nation's premier program to acquire and protect
lands in national parks, national wildlife refuges, national forests,
Bureau of Land Management units, and other Federal land systems. This
program faces an extensive and growing backlog of land acquisition
needs across the Nation. Public lands provide innumerable social and
economic benefits including a healthy lifestyle, protection of
watersheds and drinking water supplies, wildfire reduction and
prevention, and assistance to wildlife and fisheries as they adapt to
climate change. We urge you to renew this wise investment in America's
natural heritage and take steps to toward full and consistent funding
of these vital programs.
The Chattahoochee-Oconee NFs encompass the ridges and valleys of
the southern Appalachians in north Georgia as well as significant
recreational, historical, and natural resources in the Georgia
Piedmont. These forests provide important habitat for more than 500
wildlife species, including many unique mountain species of plants, and
contain more than 1,000 miles of primary trout and warm-water streams.
The watersheds within the Chattahoochee-Oconee NFs supply the
drinking water for the largest urban areas in the State of Georgia.
These watersheds not only provide recreational opportunities, but also
critical habitat for dozens of threatened, endangered, and sensitive
aquatic species. The Chattahoochee-Oconee NFs are also featured in the
2007 Forest Service publication, National Forests on the Edge, a report
that examines the challenges faced by the national forest system due to
the high growth in housing density projected to occur on adjacent
private land between 2000 and 2030. Georgia as a whole has a very high
rate of population growth; according to the 2000 census, it is one of
the top 10 States in terms of such growth. Private lands within the
national forest boundaries are at very high risk for development due to
proximity to the fast-growing cities of Atlanta, Athens, and Macon.
Already, the building of second homes threatens the forests by
fragmenting wildlife habitat, complicating wildfire management, and
increasing the amount of nonpoint source pollution in the area.
Oconee NF
In central Georgia, lands within the Oconee NF are threatened by
such growth. The Ocmulgee River flows through the forest, as well as
important tributaries of the Oconee River, such as the Little River.
These waters offer outstanding recreational opportunities for residents
of the nearby population centers of Atlanta and Macon, as well as the
more closely situated towns of Milledgeville and Monticello. The Oconee
NF offers excellent canoeing, hiking, horseback riding, and hunting. It
contains one of the most productive and diverse fisheries in the
Georgia Piedmont. Bottomland hardwood stands of red oak, beech, and
tulip support abundant wildlife, including turkey, beaver, wood duck,
and other indicator species for habitat quality.
Available for acquisition by the Oconee NF in fiscal year 2010 is
the first phase of a 901-acre property along Cedar Creek, which drains
into Lake Sinclair in the Oconee River watershed. Located in Putnam and
Jones counties within the Oconee NF boundaries, this parcel is
surrounded almost completely by already protected Forest Service land.
Its acquisition will further the consolidation of public lands--thus
helping to reduce management challenges--and protect the water quality
of Cedar Creek, Lake Sinclair, and the Oconee River. The Forest Service
has designated Cedar Creek as an ``outstandingly remarkable stream''
within the Chattahoochee-Oconee NF. Preventing the development of the
Cedar Creek property will also protect more habitat for wildlife such
as the red-cockaded woodpecker, wood stork, and gray bat--all federally
listed endangered species.
The current owner of the Cedar Creek property is a timber company
seeking to sell off its inholdings. Unless the Forest Service is able
to acquire and protect this land, it will very likely be developed in
the near future. In fiscal year 2010, $1.5 million is needed from the
Forest Service through the LWCF to acquire and conserve the first 450
acres of the Cedar Creek property. When completed, this acquisition
will provide recreational opportunities, protect clean drinking water,
and facilitate improved management of national forest lands in Georgia.
Chattahoochee NF
Available for acquisition by the Forest Service in fiscal year 2010
is the 84-acre Bear Mountain property, an inholding of the
Chattahoochee NF. The tract is completely surrounded by Forest Service
lands. Almost all of the property, 83 acres, is located in Dawson
County, while a small 1-acre tract is across the line in Gilmer County.
A road through the national forest connects the inholding via the
historic High Falls Church to the nearby road network at Amicalola
Falls State Park. The property was used in the 1990s as a wilderness
camp for boys, who helped to construct several buildings on the tract.
The property contains stunning mountaintop views, two pristine streams,
a 60-foot waterfall, and a 2-acre pond.
The Bear Mountain property is accessible through one of the major
recreational gateways to the Chattahoochee NF, Amicalola Falls State
Park. The 729-foot Amicalola Falls--named for a Cherokee word meaning
``tumbling waters''--is the tallest cascading waterfall east of the
Mississippi River. The park features a popular lodge with more than 50
rooms for overnight stays and halls for meetings and conferences.
Campsites and cottages are also available for visitors. The State park
is also a major entrance for hikers to the Appalachian Trail (AT).
Though the southern terminus of the trail is at Springer Mountain to
northeast, it is difficult to reach via automobile. A nearly 9-mile
approach trail connects Springer Mountain to the facilities and parking
at the State park. This trail passes about 1 mile east of the Bear
Mountain property near Frosty Mountain.
Also to the east of the property is Ed Jenkins National Recreation
Area. Created by Congress in 1991 and operated by the Forest Service,
the 23,300-acre area protects abundant natural, scenic, wildlife,
historic, and watershed resources, as well as Springer Mountain and the
AT terminus. The park is named for Ed Jenkins, a Georgia congressman
who served eight terms from 1977 to 1993.
Because of the road access through the Amicalola Falls State Park
and its proximity to the surrounding recreational opportunities, the
inholding is under threat of development. If not for the current
slowdown in the real estate market, this tract would probably already
be developed with home sites.
An appropriation of $1.2 million from the LWCF in fiscal year 2010
is needed to protect this critical inholding of the Chattahoochee NF in
northern Georgia.
Thank you, Madam Chairman, for the opportunity to present testimony
in support of these two important Forest Service acquisition projects
in Georgia.
______

Prepared Statement of the Geological Society of America

SUMMARY

The Geological Society of America (GSA) urges Congress to
appropriate at least $1.3 billion for the U.S. Geological Survey (USGS)
in fiscal year 2010. The USGS is one of the Nation's premier science
agencies. It addresses many of the Nation's greatest challenges,
including energy resources, climate change, water resources, and
natural hazards. The need for USGS science and information in these and
other areas has increased dramatically as its budget has stagnated in
real dollars for more than a decade (see Figure 1).
GSA supports strong and growing investments in earth science
research at the USGS and other Federal agencies. Substantial increases
in Federal funding for earth science research are needed to ensure the
health, vitality, and security of society and for stewardship of Earth.
The USGS has a unique combination of biological, geographical,
geological, and hydrological programs that enables it to address
interdisciplinary research challenges that are beyond the capabilities
of most other organizations. The need for USGS science and information
has never been greater. The USGS benefits every American every day.
GSA, founded in 1888, is a scientific society with more than 22,000
members from academia, Government, and industry in all 50 States and
more than 90 countries. Through its meetings, publications, and
programs, GSA enhances the professional growth of its members and
promotes the geosciences in the service of humankind. GSA encourages
cooperative research among earth, life, planetary, and social
scientists, fosters public dialogue on geoscience issues, and supports
all levels of earth science education.

Figure 1.--USGS funding in constant 2009 dollars, fiscal year
1996--fiscal year 2009. EI is Enterprise Information and GC is Global
Change.

Source: USGS Budget Office.

RATIONALE

Science and technology are engines of economic prosperity,
environmental quality, and national security. Federal investment in
research pays substantial dividends. According to a recent report by
the National Academies, ``. . . the economic value of investing in
science and technology has been thoroughly investigated. Published
estimates of return on investment (ROI) for publicly funded R&D range
from 20 to 67 percent'' (Rising Above the Gathering Storm, 2007).
The earth sciences are critical components of the overall science
and technology enterprise. Substantial increases in Federal funding for
earth science research are needed to ensure the health, vitality, and
security of society and for Earth stewardship. Earth science research
provides knowledge and data essential for developing policies,
legislation, and regulations regarding land, mineral, and water
resources at all levels of government. Growing investments in earth
science research are required to stimulate innovations that fuel the
economy, provide security, and enhance the quality of life.

BROADER IMPACTS OF THE EARTH SCIENCES

It is critically important to significantly increase funding for
the USGS to meet challenges posed by human interactions with Earth's
natural systems in order to help sustain these natural systems and the
economy. Additional investments in the USGS are necessary to address
such issues as natural hazards, energy, water resources, and climate
change.
--Natural hazards, such as earthquakes, tsunamis, volcanic eruptions,
floods, droughts, and hurricanes, remain a major cause of
fatalities and economic losses worldwide. An improved
scientific understanding of geologic hazards will reduce future
losses through better forecasts of their occurrence and
magnitude. Ongoing volcanic activity in Alaska and ongoing
flooding in North Dakota illustrates the value of robust
natural hazards monitoring systems and the need for increased
Federal investments in the USGS.
--Energy and mineral resources are critical to the functioning of
society and to national security and have positive impacts on
local, national, and international economies and quality of
life. Improved scientific understanding of these resources will
allow for their better management and utilization, while at the
same time considering economic and environmental issues. This
is particularly significant because shifting resource demands
often reframe our knowledge as new research-enabling
technologies become available.
--The availability and quality of surface water and groundwater are
vital to the well being of both society and ecosystems. Greater
scientific understanding of these critical resources--and
communication of new insights by geoscientists in formats
useful to decisionmakers--is necessary to ensure adequate and
safe water resources for the future.
--Forecasting the outcomes of human interactions with Earth's natural
systems, including climate change, is limited by an incomplete
understanding of geologic and environmental processes. Improved
understanding of these processes in Earth's history can
increase confidence in the ability to predict future States and
enhance the prospects for mitigating or reversing adverse
impacts to the planet and its inhabitants.
--Research in earth science is also fundamental to training and
educating the next generation of earth science professionals.
USGS should be a component of broader initiatives to increase
overall public investments in science and technology. For example,
earth science research should be included in a recommendation by the
National Academies to ``increase the federal investment in long-term
basic research by 10 percent each year over the next 7 years . . .''
(Rising Above the Gathering Storm, 2007). Likewise, implementation of
the America COMPETES Act, which authorizes a doubling of the budgets of
key science agencies in 7 years, should encompass earth science
research and education programs in the USGS.

BUDGET SHORTFALLS

President Obama's fiscal year 2010 budget request for USGS is
$1.098 billion, an increase of $54 million, or 5.2 percent, more than
the enacted level in the fiscal year 2009 Omnibus Appropriations Act.
Budget increases are proposed for Secretarial Initiatives in climate
change ($22 million), energy ($3 million), and youth conservation corps
($2 million). Budget increases are also proposed for the national
stream gage network ($5 million), arctic ecosystem studies ($4
million), staffing for biology cooperative research units ($2 million),
extended continental shelf studies ($1 million), and sustainable energy
development ($0.7 million). The budget request would provide full
funding for increases in ``fixed costs'' totaling $21 million. These
proposed investments deserve the full support of Congress.
We urge Congress to increase the USGS budget beyond the President's
budget request for fiscal year 2010. After years of stagnant budgets
(see Figure 1) and absorption of fixed cost increases, the USGS has a
large and growing backlog of monitoring and science needs. Although the
fiscal year 2010 budget request would provide all USGS programs with an
increase for fixed costs, most programs would receive no increase for
program changes. Science cannot thrive on increases in fixed costs
alone. Congress has an historic opportunity to meet fundamental
national needs by providing program increases in such areas as
earthquake hazards, volcano hazards, mineral resources, ground-water
resources, national water-quality assessment, toxic substances
hydrology, and hydrologic research, and development.
The fiscal year 2010 USGS budget request would reduce staff in
water resources programs by 12 FTE. Congress should monitor the
continuing decline in staff of USGS water programs.
The fiscal year 2010 budget request comes at a critical juncture in
the history of the USGS. From fiscal year 1996 to 2008, funding for the
USGS declined by 1 percent while total Federal funding for research and
development increased by 54 percent in real dollars. The decline in
funding for the USGS during this time period would have been greater if
Congress had not repeatedly restored proposed budget cuts. The USGS
budget declined in real dollars for 6 consecutive years from fiscal
year 2003 to fiscal year 2008 (see Figure 1). In real terms, funding
for the USGS is at its lowest level since fiscal year 1997, the year
after the National Biological Service was integrated into the USGS.
GSA joins with the USGS Coalition and other organizations in
recommending an appropriation of $1.3 billion for the USGS in fiscal
year 2010. This budget would enable the USGS to strengthen core
programs, accelerate the timetable for deployment of critical projects,
and launch science initiatives that address new challenges.
GSA is grateful to the Senate Appropriations Subcommittee on
Interior, Environment, and Related Activities for its past leadership
in increasing the budget for the USGS. We are also grateful to the
subcommittee for its leadership in providing $140 million in stimulus
funds for the USGS under the American Recovery and Reinvestment Act of
2009. Thank you for your thoughtful consideration of our request. For
additional information or to learn more about the Geological Society of
America, please visit www.geosociety.org.
______

Prepared Statement of the Greasewood Springs Community School Board

Greasewood Springs Community School, Inc. (GSCS) is located in the
central part of the Navajo Nation in Northern Arizona. GSCS was built
in 1963 as a Bureau of Indian Affairs (BIA) school. Presently GSCS is a
Bureau of Indian Education (BIE) funded Public Law 100-297 grant school
serving the educational needs of approximately 175 Navajo students from
kindergarten through 8th grade and approximately 60 students in a home
living program which serves children in a residential setting. I am
requesting no less than $30 million to rebuild our aging, dilapidated
facilities and full funding of grant school Administrative Cost Grants
(ACG) at no less than $68 million, both under the fiscal year 2010 BIE
budget contained in the Interior, Environment, and Related Agencies
appropriations.
GSCS was built in 1963. Although GSCS has had the benefit of a
hardworking, dedicated facilities department its facilities, through
use and age, are beyond worn out. The BIA/Office of Facilities
Management and Construction (OFMC) has declared the buildings and
infrastructure for the campus beyond repair. However, this past year
BIA/OFMC also has taken steps to revoke and rescind a $10,000,000
facilities improvement and repair grant that was previously granted to
repair GSCS. Further, BIA/OFMC has given little, if any, hope of any
new facility being built in the foreseeable future. GSCS is being left
to die on the vine by the BIA/OFMC action to refuse to provide
facilities that are habitable or even slightly competitive with
alternative, but more distant, State-funded schools. The BIA/OFMC
action is tantamount to failure to assist.
This apparently intentional closure of GSCS by refusing to
construct a safe, modern, habitable facility in which the school's
educational and residential programs can be provided is compounded by
the BIE's chronic and downwardly progressive underfunding of the ACG.
(See attached explanation.) GSCS has, as with all other schools,
administrative needs. Although GSCS has 100 percent needs in ACG it was
only funded at approximately 62.3 percent of that need this school year
due to an arbitrary ceiling that has been placed on ACG by the Federal
Government. The result of this chronic underfunding is clear, grant
schools are provided a fraction of their ACG need. This arbitrary,
increasingly downward underfunding of Public Law 100-297 grant schools'
ACG will eventually lead to the demise of GSCS and other grant schools;
there is no other foreseeable alternative for grant schools, but
intentional extinction. We had hoped the new administration would
similarly seek a significant increase for ACG as it has for the BIA and
Indian Health Service (IHS) contract support costs ($5.5 million for
on-going BIA contracts and $2 million for new contractors, and $107
million more for IHS contract support). The GSCS is greatly
disappointed the administration, instead, seeks to flat fund ACG ,
which will only continue the shortfalls at the school level. If the
number of grant schools increases in the coming year and the ACG
funding remains the same, the ACG need of each of these school will be
even further reduced because the same ``pie'' will have to be cut into
ever more smaller pieces to provide a ``slice'' for each grant school.
The above instances of underfunding are further compounded by
facilities operations grants funded at 52 percent (operations funds go
to pay for such necessities as electricity, gas and other utilities but
for which the administration seeks only a $2.4 million increase) and
transportation funding (slated only for a small increase to cover fixed
costs in fiscal year 2010) which ignores rural and remote settings in
which buses must traverse unpaved roads subject to extreme weather and
road conditions.
The foregoing has lead to a systematic strangulation and extinction
of the BIA-funded school system by underfunding. This reality is in
stark contrast to the language of the United States Congress in which
it stated in the Native American Education and Improvement Act of 2001
as follows:
--Congress declares that the Federal Government has the sole
responsibility for the operation and financial support of BIA-
funded schools system that it has established on our near
Indian reservations and Indian trust lands throughout the
Nation for Indian children. Public Law 101-17(E) section 1120.
This obligation arises from GSCS's and the Navajo nation's treaty
rights. The Federal Government has expressly stated that the quality of
the ``Bureau funded school system'' that they are to provide due to the
trust responsibility it assumed pursuant to Treaty negotiations as
follows: ``ensuring that the programs of the Bureau of Indian Affairs-
funded school system are of the highest quality.''
Further in section 112(a) of the act Congress further states that
the purpose of accrediting these schools is to ``ensure that Indian
students being served by a school funded by the Bureau of Indian
Affairs are provided with educational opportunities that equal or
exceed those for all other students in the United States.''
These have proven to be empty promises. Our demands are simple:
provide us what you promised and continue to promise and provide us
with what we bargained for in our good faith negotiations in agreeing
to our Treaty. We are not asking for charity. We are not asking for a
handout. We are not asking for new programs. We made a deal. We gave up
much in reliance on your promises. You are not keeping your promises.
GSCS offers an invaluable service to our students and community. We
are carrying out the Federal Government's responsibility pursuant to
the Indian Self-Determination and Tribally Controlled Schools Grant
Acts. In the introductory language of those Acts the Federal Government
admits it has failed in its trust responsibility to educate Native
American children. It further states, unequivocally, that this
responsibility remains ``solely'' that of the United States Government.
However, the Federal Government is using these Acts as a front to
slowly strangle these schools by chronically underfunding and failing
to construct habitable facilities. As stated, we are not requesting new
programs or charity or anything else but what we bargained for and the
Federal Government agreed to provide.
We are a local community school. Our children live in and around
this community and attend our school in lieu of bus rides that may last
hours. Further, this school is the center of our community. Parents and
grandparents support this school and come to this school to support and
ensure their children are prepared for the future the best way
possible. To callously extinguish and close this school does violence
to our community and our way of life. Our demands are simple and
justified and are listed as follows:
--GSCS must be rebuilt. No where but on an Indian reservation would
children be required to attend a school as old and in such
condition as ours. We have been diligent in caring for our
school; however, it must be replaced now. Children should not
have to sacrifice adequate facilities to attend GSCS. The
language quoted above clearly states that our Greasewood Spring
children should have the highest-quality educational facilities
and opportunity available.
--The condition of our facilities is particularly galling given that
BIA/OFMC officially stated that our facility is in dire shape
and needs to be replaced; awarded GSCS a $10 million FI&R grant
to fix the worst problems and is now reneging on that grant
with no commitment to repairs on a new school in the future.
The land for construction is available and set aside, our
program of requirements is completed, we do not need a
gymnasium. This project could be expedited and completed in 18
months.
--Our administrative costs needs must be 100 percent funded. It is
disingenuous to state that the Federal Government has the sole
responsibility for the operation and financial support of a
school system of the highest quality and then for that same
Government to fund the administrative cost at 64 percent of
need. Actions must back up these promises and words. Our school
is channeled toward failure because of this chronic,
debilitating underfunding. 100 percent funding of
administrative cost need must begin immediately if the Federal
Government's promises and agreements mean anything.
--Full Funding for Operations and Maintenance.--Again it is absurd to
pledge an absolute commitment to providing a quality
educational program and then fund the operations portion of
that program at 52 percent. Operations costs have spiraled. The
gross underfunding that has occurred in the past few years is
unconscionable. We must heat our schools, have electricity and
provide other basics. The strain placed on GSCS and similarly
situated Grant Schools to find ways to provide the basic
necessities to its students and staff is indefensible. Again,
we are not requesting new additional benefits or anything that
resembles extravagancies. We are only requesting the essentials
as have been promised.
--GSCS receives significantly less per student than other schools.
The result of this is less funds and therefore lower salaries
in the competition for the limited pool of highly qualified
teachers that will teach in a remote setting. Salaries for BIA-
operated school employees are substantially higher than those
for grant school employees. Again the chronic underfunding will
lead to a foreseeable result, the demise of grant schools. Due
to our remote, rural setting our costs are higher and
recruitment more difficult. Due to these and other factors we
should receive higher student funding. However, we merely ask
that per student funding be at least commensurate with that
received in the State and our neighboring States.
--Transportation must be adequately funded. Without our efforts our
community's children will be left behind. They will be left
without options. They will either be forced to leave their
homes or forego schooling. We service remote rural communities
without paved roads. Due to the conditions, the maintenance
required on our buses and school vehicles is much greater than
in urban settings. Due to our remote rural location we are at a
competitive disadvantage for fuel and supplies. Our
transportation needs are great and once again are substantially
underfunded.
The above scenarios demonstrate a system of schools that are set up
to fail. By chronic underfunding at all levels these schools will
eventually fail and the Federal Government's trust responsibility will
be extinguished with them. This institutionalized war of attrition will
be successful. Promises will be unmet. These shameful outcomes must not
be allowed to occur. We respectfully and sincerely request that the
promises made be supported by action. We request that the bargain made
in establishing our Treaty be honored. The full funding as noted above
is what the Federal Government has stated they are solely obligated to
provide. Providing what was promised must begin immediately.

ADMINISTRATIVE COST GRANTS

Issue.--Grant and Contract schools' Administrative Cost Grants have
been grossly underfunded for the past 10 years. Currently,
administrative cost grants are funded at approximately 62.5 percent of
need. Grant and contract schools need to be funded at the 100 percent
level to experience success and to meet the needs of native students.
Background.--The ACG authorized by Public Law 100-297 was provided
to tribal grant and contract schools to cover their school
administration costs. Public Law 100-297 directed the establishment of
a funding formula for the distribution of the ACG funds. Per the
established funding formula, the calculated need for ACG has been $60
million plus on an annual basis. However, the ACG has been funded at
the 100 percent level only once since it was enacted. Forty million
dollars plus ($40,00,000 +) has been appropriated for the last 10 years
(fiscal year 2007/$44,060 million; fiscal year 2008/$43,373 million
fiscal year 2009--the President's request is $43,374 million). The
number of grant schools has increased to 123 out of 185 BIE-funded
schools and keeps increasing. The funding amount remains arbitrarily
capped and grossly insufficient. The ACG has remained at the same
funding level while the number of BIE schools becoming grant schools
and taking from this static amount has greatly increased. The share of
the ACG funds for grant school each year has substantially decreased.
Under these circumstances, grant schools cannot operate effectively or
provide the administrative functions and services necessary to meet AYP
as required under the No Child Left Behind Act.
Impact.--The Navajo Nation has 29 grant schools and 2 contract
Navajo schools. Navajo schools lost -$19,847,550 in 4 years due to the
chronic underfunding of the ACG. In the 2004-2005 school year the
schools' actual funding was $11,940,500; a 76.05 percent level of
funding compared to the formula generated amount of $15,701,853; a loss
of -$3,761,353. In school year 2005/2006, the actual funding was
$11,251,100, a 71.66 percent level compared to formula generated amount
of $15,699,740; a loss of -$4,448,640. In the 2006-2007 school year the
actual funding level was $11,937,000, a 64.99 percent funding level
compared to the formula generated amount of $18,319,671; a loss of
-$5,224,215 for the 2006-2007 school year. In the 2007-2008 school year
, the actual funding level was $11,906,330 at a 64.99 percent funding
level compared to the formula generated amount of $18,319,671 a loss of
-$6,413,341 for the 2007-2008 school year . It is estimated that due to
an increase in grant schools the ACG will be funded at 62.5 percent of
need this year.
The decreasing amount of ACG funds is not the only problem the
schools face. The amount distributed to each school has been impacted
when more schools are allowed to join the grant school system. The
amount of funds distributed to each school becomes smaller and smaller
as more schools join the grant system. Consequently, schools are forced
to dip into other accounts not intended to cover the administrative
costs such as funds from facilities, academic and even title programs.
The cost of mandated programs such as health insurance, worker's
compensation insurance, pensions, personnel services, utility costs,
human resource, accountants, and property management are not covered
due to the budget constraints caused by underfunding the ACG.
Recommendations.--Immediate action to: (1) Increase the ACG funds
to $68 million to cover 100 percent ACG funding level for schools and
continue 100 percent funding of the ACG under the formula and (2) Place
a moratorium on BIE-operated schools converting to Public Law 100-297
grant school system until such a time ACG funds are appropriated and
available to cover the incoming schools.
______

Prepared Statement of the Gathering Waters Conservancy

Madam Chairman and honorable members of the subcommittee: I want to
thank you, Madam Chairman, for the opportunity to present this
testimony in support of the Chippewa Flowage project in Wisconsin. An
appropriation of $6 million is needed from the Forest Legacy Program
(FLP) to protect the 18,259-acre property.
I also respectfully urge a substantial increase in overall funding
for the FLP, specifically urging the subcommittee to provide $125
million for the program in the fiscal year 2010 Interior, Environment,
and Related Agencies appropriations bill. I applaud the FLP funding
provided by this subcommittee in fiscal year 2009. In addition, we are
most thankful that the Obama administration budget recognizes the
importance of this and other Federal land conservation programs by
proposing significant increases for fiscal year 2010.
Gathering Waters Conservancy's mission is to help communities, land
trusts, and landowners protect the places that make Wisconsin special.
We do this in the following ways: supporting more than 50 private,
nonprofit land trusts serving communities across Wisconsin; working
with private landowners and their advisors to protect individual
parcels of land; promoting land conservation policies and programs at
all levels of government; and fostering innovative public-private
partnerships around conservation goals. The Chippewa Flowage project
will protect one of Wisconsin's most special places, and we strongly
support the appropriation from the FLP.
The variety of forest types within Wisconsin's northern forest is
virtually unmatched elsewhere in the United States. The north woods
boast towering stands of balsam and spruce, a variety of hardwoods such
as red and sugar maples, hemlock and birch, and swamp forests
containing black spruce, larch, and white cedar. The combination of
forestland with an abundance of lakes, rivers, and streams offers some
of the best recreational opportunities in the country, especially
fishing and canoeing. Recognizing the unique attributes of its forests,
the State of Wisconsin is focused on the protection of undeveloped
lakefront properties and the acquisition of easements that benefit
recreational and natural resources. The Wisconsin Department of Natural
Resources has proposed FLP projects over the last several years to
implement this critical protection effort.
This year, there is an opportunity to add more than 18,000 acres of
Forest Legacy conservation easement lands to create a unified block of
more than 1 million acres of protected forest and natural lands in the
Chippewa Flowage watershed. The Chippewa Flowage is one of the wildest
lakes in Wisconsin, drawing recreationists from around the world for
its muskie fishing. It is an ecological gem, more than 12,000 acres of
which are managed jointly by the Wisconsin Department of Natural
Resources, the U.S. Forest Service, and the Lac Courte Oreilles Band of
Lake Superior Chippewa (LCO). The western boundary of this property
adjoins nearly 24,000 acres of LCO tribal land, which is primarily
natural land. This property extends the critical migratory corridor
surrounding the Chequamegon portion of the Chequamegon-Nicolet National
Forest, which covers 858,400 acres in 6 northwestern Wisconsin
counties.
Many natural resources used by the LCO tribe traditionally and
currently are found on the property and adjoining tribal lands,
including birch and pole oak for wigwam poles, morel mushrooms, and
abundant wildlife for trapping and hunting. Pipestone rock, used to
craft peace pipes, holds traditional significance for the LCO tribe and
is present in the northwest corner of the property where it borders the
Chippewa Flowage. The Village of Radisson's municipal water flows from
parts of this property as well.
Fishing, hunting, and wildlife viewing generate $8 million annually
in Wisconsin, and the Chippewa Flowage is a major tourist destination.
The public access allowed on this 18,259-acre property will continue to
support the local economy. Forest-based recreation accounts for about
$5.5 billion of the $14 billion spent on recreation in the State. The
Wisconsin Northwoods is a common destination for migratory and forest
interior birdwatchers. Wisconsin ranks third in the Nation for the
number of residents and tourists engaged in bird watching and it adds
$1 billion to the State's economy. This property delivers wood to 66
different customers. Raw material has been provided for products such
as coated paper, corrugated packaging, pallets, oriented stand board,
cabinets, flooring, lumber, moldings, paneling, and many others. If
this property is not protected by the FLP, it will be divided and sold
like other nearby timberlands.
The protection of these forest lands will have significant local
and regional benefit. An appropriation of $6 million in fiscal year
2010 from the FLP will conserve 18,259 acres of Wisconsin forest.
Protecting these parcels by conserving unprotected lands in the
checkerboard of public and private ownerships preserves vast wildlife
habitat, ensures public access for recreation, and maintains the
practice of sustainable forestry that supports the local economy.
Thank you, Madam Chairman, for the opportunity to present this
testimony in support of this important FLP project in Wisconsin.
______

Prepared Statement of the Highlands Coalition

Dear Madam Chairwoman and honorable members of the subcommittee: On
behalf of the Highlands Coalition, which includes more than 200
organizations working together to conserve nationally important natural
resources in the Highlands region of Pennsylvania, New Jersey, New
York, and Connecticut we would like to thank you for the opportunity to
provide testimony on the fiscal year 2010 Department of the Interior,
Environment, and Related Agencies appropriations bill.
Our top priorities for fiscal year 2010 include:
--$11 million for the HCA, including $10 million for land
conservation partnership projects through the U.S. Fish and
Wildlife Service (FWS), and $1 million for USDA Forest Service
(FS) technical assistance and research programs in the
Highlands;
--$125 million in land acquisition funding for the Forest Legacy
program (FLP);
--$450 million for the Land and Water Conservation Fund Act Federal
and stateside land acquisition program.

HCA

In November 2004, Congress enacted the HCA, recognizing the
national significance of the 3.5 million acre Highlands. This region
has abundant resources providing clean drinking water, productive
forests and working farms, wildlife habitat, and recreational
opportunities for the 25 million people who live within an hour of this
incredible landscape. The Highlands lie in the shadow of some of the
largest cities in the nation including Philadelphia, New York City, and
Hartford. The HCA authorizes $100 million over 10 years to assist the
Highlands States in conserving priority lands from willing landowners,
and $10 million over 10 years to continue vital USDA FS research and
technical assistance to private landowners in the Highlands. Under the
act, the four States acquire the lands with Federal assistance and are
required to match those Federal funds for land conservation partnership
projects on an equal basis to greater leverage these funds. Often the
State match is double or triple the Federal share. Private foundations,
counties and local governments have also matched the Federal funds. The
HCA is a great partnership and brings multiple parties into the funding
effort thereby highly leveraging the Federal investment.
We are deeply grateful to the subcommittee for the inclusion of
$1.5 million for the HCA in the fiscal year 2009 omnibus bill and
equally pleased that act was included as its own line item. However, as
the subcommittee may know the cost of land acquisition in the Highlands
is extraordinary with land as costly as $15,000 an acre. Lands and
waterways in this highly fragmented landscape are disappearing at an
alarming rate and funds are needed urgently to protect these areas
before they are developed. Therefore, we strongly urge the subcommittee
to provide full funding for the HCA at a total of $11 million with $10
million in land acquisition funding for the FWS, and $1 million for the
USDA FS's technical assistance program in the Highlands.
The Governors of the four Highlands States have jointly submitted
land conservation projects totaling $10 million to the Department of
the Interior for funding in fiscal year 2010, including: Texter
Mountain (Pennsylvania), Northern Highlands (New Jersey), Greater
Sterling Forest (New York) and Ethel Walker property, Scoville
Property, and Naugatuck/Mad River Headwaters (Connecticut).

FLP AND PROJECTS

In order to ensure that there is adequate program funding for these
critical projects in the Highlands, we urge your support for funding
the FLP at $125 million in fiscal year 2010. We support this funding as
it will serve to provide support for important Forest Legacy projects
in the Highlands region including three exemplary projects: Tulmeadow
Farm (Connecticut), Wolf Hill (Connecticut), and Musconetcong and
Rockaway Rivers Watersheds (New Jersey).
FLP has protected more than 1.7 million acres of forestland since
1990. For fiscal year 2010, the USFS received 84 project proposals from
44 States and territories to protect 288,530 acres with a total project
value of more than $363 million. FLP conserves working forests
threatened by conversion to development or other uses, and promotes
economic viability as well as recreational open space and wildlife
protection. Public lands provide innumerable social and economic
benefits including a healthy lifestyle, protection of watersheds and
drinking water supplies, wildfire reduction and prevention, and
assistance to wildlife and fisheries as they adapt to climate change.

LAND AND WATER CONSERVATION FUND (LWCF)

We respectfully request a substantial increase in overall funding
for the LWCF specifically $325 million for the Federal LWCF and $125
million for the LWCF stateside program, in the fiscal year 2010
Interior, Environment, and Related Agencies appropriations bill. We
applaud the LWCF funding increases provided by this subcommittee in
fiscal year 2009. And, we are most thankful that the Obama
administration budget recognizes the importance of this program by
proposing significant increases for fiscal year 2010 and setting a goal
to achieve full funding of the LWCF in the next 5 years.
The LWCF is our Nation's premier program to acquire and protect
lands in national parks, national wildlife refuges, national forests,
Bureau of Land Management units, and other Federal land systems. This
program faces an extensive and growing backlog of land acquisition
needs across the Nation. The LWCF will provide important funds to
obtain inholdings and lands adjacent to Federal lands in the Highlands
such as the Wallkill and Great Swamp National Wildlife Refuges in New
Jersey.
The LWCF stateside program provides close-to-home recreation
through thousands of State and local parks across the country. These
parks provide millions of urban and suburban residents the benefits of
access to natural areas while promoting much needed tourism in local
communities.
Without adequate funding to the HCA, FLP and LWCF, precious natural
treasures of the Highlands may be developed and lost to conservation
forever.
Thank you for the opportunity to submit this testimony on the
fiscal year 2010 Interior, Environment, and Related Agencies
appropriations bill.
______

Prepared Statement of The Humane Society of the United States; Humane
Society Legislative Fund; and Doris Day Animal League

Thank you for the opportunity to offer testimony to the Interior,
Environment, and Related Agencies Subcommittee on items of importance
to our organizations with a combined membership of more than 11 million
supporters nationwide. We urge the subcommittee to address these
priority issues in the fiscal year 2010 Department of the Interior
appropriations bill.
Bureau of Land Management (BLM)--Wild Horse and Burro Program
The BLM is charged with the management of approximately 33,000 wild
horses in 10 Western States, but the current program is grossly
underfunded. While we support a reduction in the number of annual
roundups, depending on rounding up horses without implementing any
active program for preventative herd growth is an unsupportable wild
horse management approach because it leads to a continual cycle of
roundups and removals rather than the use of long-term, cost-efficient,
and humane management strategies. The BLM should focus on five
mechanisms for managing wild horses and burros: (1) preserving free-
roaming wild horse and burro populations through the use of humane
birth control; (2) recolonizing any of the more than 19 million acres
of zeroed-out habitat with wild horses and burros from the short and
long-term holding facilities; (3) identifying new, appropriate
rangelands and establishing sanctuaries for wild horses and burros; (4)
continuing long-term, humane pasturing for equines that must be removed
from the range utilizing birth control on these captive animals; and
(5) implementing creative and more aggressive marketing strategies to
increase adoption rates for captured equines.
The BLM's current focus on roundup and adoption tools has resulted
in an increasing number of wild horses being permanently warehoused in
BLM-sponsored holding centers, at a cost of $27 million annually
(representing almost 75 percent of the BLM's $36.2 million wild horse
management budget). Peer-reviewed studies have shown that costs to
manage the herd could decrease significantly by treating more mares
with the immunocontraceptive porcine zona pellucida (PZP) and returning
them to the range, rather than detaining them indefinitely in holding
centers, and through the wide-scale marketing of the BLM's Adopt-a-
Horse program. According to a paper published in the Journal of
Wildlife Management in 2007, contraception on-the-range could reduce
total wild horse and burro management costs by 14 percent, saving $6.1
million per year (Bartholow, J. 2007. Economic benefit of fertility
control in wild horse populations. J. Wildl. Mgmt. 71(8):2811-2819.).
This study demonstrates conclusively that the use of
immunocontraception could easily result in a reduction in the
continuing long-term expenses associated with the BLM's current wild
horse management program.
In October 2006, The Humane Society of the United States (HSUS) and
the BLM signed a memorandum of understanding (MOU) to facilitate the
use of contraceptive vaccines as a key component for managing wild
horses on public lands. And this year, the Annenburg Foundation pledged
$1.6 million to a project launched by The HSUS and the BLM to promote
the use and application of contraceptives to manage wild horses
throughout the West. The BLM and The HSUS have an opportunity to
revolutionize the course of wild horse population control from a
standard that is often inefficient, costly, and cruel to one which is
technologically advanced, cost effective, and humane. We urge the
subcommittee to take advantage of the demonstrated cost savings
associated with the use of immunocontraceptives by directing BLM and
the Environmental Protection Agency (EPA) to take action to facilitate
the implementation of The HSUS/BLM Research Project, and by increasing
BLM's budget for PZP research and development programs by $1.5 million.
The subcommittee's support would encourage greater cooperation
between the BLM, the EPA, and The HSUS in the implementation of a
program that we believe will be of great benefit not only to our
Nation's beloved wild horse populations, but also to the American
taxpayer.
Restoring Longstanding Protections for Wild Horses and
Burros
Wild horses and burros have been protected from commercial sale and
slaughter since the passage of the 1971 Wild Free-Roaming Horses and
Burros Act. However, in 2004, an extremely controversial rider--
commonly referred to as the ``Burns Amendment''--was inserted into the
fiscal year 2005 Omnibus Appropriations bill by Senator Conrad Burns
(R-MT). This amendment directed the BLM to sell ``without limitation''
animals who were either more than 10 years old or had been passed over
for adoption at least 3 times.\1\ As a result, approximately 8,400 wild
horses and burros became eligible for sale in 2005, and since then, BLM
has sold more than 2,700 horses and burros under this authority.
---------------------------------------------------------------------------
\1\ 16 U.S.C. Sec. 1333(e)(2).
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As amended, the 1971 act requires the BLM to destroy excess animals
and/or sell them without limitation. Due to concerns about public and
congressional reaction to the massive slaughter of healthy horses, BLM
has chosen not to destroy excess animals or sell them without
limitation. But in an effort to comply with the law and reduce costs
associated with caring for an increasing number of wild horses in
short- and long-term holding facilities, the BLM announced that for
fiscal year 2009, they would consider euthanizing about 2,300 horses in
short-term holding (about one-third of the animals currently in short-
term holding) and selling, without limitation, about 8,000 animals from
both short- and long-term holding.
We firmly believe that no horse should pay the ultimate price for
the agency's mismanagement and that killing horses, or allowing them to
be sold to slaughter, is not the answer. The BLM made a social contract
with Americans when it placed horses in long-term care: The horses
would be cared for life, and the commitment should be honored.
Therefore, we ask the subcommittee to consider including the
following funding limitation in the fiscal year 2010 Interior,
Environment, and Related Agencies appropriations bill:

Provided, That appropriations herein made shall not be available
for the sale of wild horses and burros pursuant to 16 U.S.C. 1333(e) or
for the destruction of healthy, unadopted, wild horses and burros in
the care of the Bureau of Land Management or its contractors.''

Law Enforcement Division of the Fish and Wildlife Service
After illegal drugs and arms, trade in wildlife parts is the third
most lucrative smuggling enterprise in this country. The United States
remains one of the world's largest markets for legal and illegal trade
in wildlife and wildlife products. New technology and a full complement
of special agents are essential if law enforcement is to have any hope
of effectively enforcing the Nation's endangered species trade laws. We
are concerned that there are 70 wildlife law enforcement agent
vacancies and encourage the subcommittee to fully fund the law
enforcement division.
EPA--Office of Research and Development
In 2000, the Interagency Coordinating Committee on the Validation
of Alternative Methods, ICCVAM Authorization Act (Public Law 106-545),
created a new paradigm for regulatory toxicology, by promoting chemical
testing methods that are often faster and more economical than existing
methods. The new paradigm requires Federal agencies to ensure that new
and revised animal and alternative test methods be scientifically
validated prior to recommending or requiring use by industry. All 15
Federal regulatory and research agencies that compose the ICCVAM agree
on a common definition of validation as ``the process by which the
reliability and relevance of a procedure are established for a specific
use.''
Several years ago, thanks to the leadership of Representatives
James Walsh and David Price, Congress provided specific funding for
research, development, and validation of nonanimal and other
alternative test methods that replace, reduce, or refine the use of
animals in toxicity testing. To augment that funding, EPA must increase
its fiscal commitment to the Computational Toxicology Program to add to
its value to regulatory toxicology. We urge the subcommittee to
consider the following report language:

``The Committee recognizes the EPA's commitment to developing a
Computational Toxicology Program to reduce the use of animal testing
and the cost of such testing. It is the subcommittee's expectation
that, commensurate with Committee support for fully funding the
Computational Toxicology Program for the last several years, EPA
demonstrate real progress not only in development of computational
toxicology methods, but importantly, in validation of new and revised
test methods, nonanimal methods, and alternative methods with the
purpose of being utilized in regulatory program activities. The
Committee encourages EPA to develop, integrate, and implement specific
plans for validation studies of new and revised, non-animal and
alternative methods for chemical screening and priority setting within
the Agency's Computational Toxicology Program. The Committee requests
that EPA submit an annual report, due by March 31 of the following
fiscal year, detailing results of its Computational Toxicology program,
to include a section on EPA's overall activities and itemized
expenditures in a manner where both specific activities and specific
expenditures devoted to validation of new, revised test methods, non-
animal methods, and alternative methods are broken out from
expenditures on research and development.''

Additionally, finalization of the MOU between the EPA and the FDA,
under which the EPA will assume the primary authority to review and
register therapeutic and other products geared toward humane methods of
population control, should be expedited in order to allow PZP to be
utilized in a management capacity, rather than an investigational one.
Multinational Species Conservation Fund
The HSUS joins a broad coalition of organizations in requesting an
increase over the administration's request for the Multinational
Species Conservation Fund (MNSCF) and Wildlife Without Borders. The
MNSCF was established by Congress to benefit African and Asian
elephants, rhinos, tigers, great apes, neotropical migratory birds, and
marine turtles. Congress has been very supportive of these programs in
the past. Unfortunately in past years, the funding has been
considerably less than the amounts necessary to carry out these
valuable missions. We ask that you continue to support these highly
threatened mammals and birds in fiscal year 2010 by appropriating $2.75
million each for the Asian Elephant, African Elephant, Marine Turtle,
and Great Ape Conservation Funds, $4 million for the combined
Rhinoceros and Tiger Conservation Fund, and $6.5 million for the
Neotropical Migratory Bird Conservation Fund. We also request $4
million for the Wildlife Without Borders regional program.
While we wholeheartedly support increased funding for the MNSCF, we
are concerned about past incidents and future opportunities for funds
from these conservation programs to be allocated to promote trophy
hunting, trade in animal parts, and other consumptive uses--including
live capture for trade, captive breeding, and entertainment for public
display industry--under the guise of conservation for these animals.
Grants made to projects under the MNSCF must be consistent with the
spirit of the law.
Protection for Walruses
We urge this subcommittee to appropriate $500,000 in fiscal year
2010 to fund the continuation of much-needed research on the Pacific
walrus. New promising methodologies for surveying walrus populations
have been developed and require sustained funding support. A
comprehensive walrus survey was begun in 2005--the effort must receive
continued support to maximize the utility of its results. Walruses are
targeted by Native hunters for subsistence, despite a paucity of data
regarding their current population status or population structure.
Hundreds of walruses are killed annually; in some years this number has
climbed to as many as 7,000. Moreover, in some hunting villages,
females and their calves are preferentially killed, against the
recommendation of the Fish and Wildlife Service and standard management
practice. A portion of the research funds could also be used to improve
the Walrus Harvest Monitor Project, which collects basic management
data.
______

Prepared Statement of the Interstate Mining Compact Commission

My name is Gregory E. Conrad and I am Executive Director of the
Interstate Mining Compact Commission. I appreciate the opportunity to
present this statement to the subcommittee regarding the views of the
Compact's member States on the fiscal year 2010 budget request for the
Office of Surface Mining (OSM) within the U.S. Department of the
Interior. In its proposed budget, OSM is requesting $71.3 million to
fund title V grants to States and Indian tribes for the implementation
of their regulatory programs and $32.1 million to fund discretionary
spending for the title IV abandoned mine land (AML) program, which
includes some State grants. Our statement will address both of these
budgeted items.
The Compact is comprised of 24 States that together produce some 95
percent of the Nation's coal as well as important noncoal minerals. The
Compact's purposes are to advance the protection and restoration of
land, water and other resources affected by mining through the
encouragement of programs in each of the party States that will achieve
comparable results in protecting, conserving, and improving the
usefulness of natural resources and to assist in achieving and
maintaining an efficient, productive, and economically viable mining
industry.
OSM has projected an amount of $71.3 million for title V grants to
States and tribes in fiscal year 2010, an amount which is matched by
the States each year. As you know, these grants support the
implementation of State and tribal regulatory programs under the
Surface Mining Control and Reclamation Act (SMCRA) and as such are
essential to the full and effective operation of those programs.
In fiscal year 2009, Congress approved an additional $1 million
increase for State title V grants over the fiscal year 2008 enacted
level, for a total of $65.5 million. The States are greatly encouraged
by the significant increase in title V funding approved by Congress in
both fiscal year 2008 and 2009. Even with mandated rescissions and the
allocations for tribal primacy programs, the States saw a $7 million
increase for our regulatory programs over fiscal year 2007 levels. As
we noted in our statement on last year's budget, State title V grants
had been stagnant for more than 12 years and the gap between the
States' requests and what they received was widening. This debilitating
trend was compounding the problems caused by inflation and
uncontrollable costs, thus undermining our efforts to realize needed
program improvements and enhancements and jeopardizing our efforts to
control the impact of coal extraction operations on people and the
environment.
In its fiscal year 2010 budget, OSM has followed the example
established by Congress over the past 2 years and proposed an increase
of approximately $6 million for State and tribal title V regulatory
grants, which will, for the first time, fully fund actual State
requests. This is a welcome shift in direction that recognizes the
important role played by the States in implementing the environmental
protection provisions of SMCRA. We strongly endorse this meaningful
increase in funding and urge Congress to support it. The States are
still in the process of putting the recent improvements in funding to
work in their programs through the filling of vacant positions and the
purchase of much-needed equipment and supplies (including computers and
vehicles). As States prepare their budgets for the next few years,
there is an expectation and hope that the recent increases approved by
Congress will become the new base on which we will build into the
future. Otherwise we find ourselves reversing course and creating a
situation where layoffs would occur for those who were just hired.
The States continue to face significant cost increases in their
programs due to inflation, especially increased fuel and equipment
costs. Health insurance premiums and cost of living adjustments are
also significant factors in the annual operation of State programs,
especially with personnel expenses representing some 80 percent of
total program costs. A new challenge has come in the form of
retirements, where States are faced with buy-outs, paying for unused
annual leave, and replacing an aging work force. These are substantial,
often unanticipated, costs that are wreaking havoc on State budgets.
It is essential that we maintain consistent, inflation-adjusted
funding from year to year in order to deploy resources for our
programs. This is especially true with regard to hiring new staff to
fill vacancies or to supplement understaffed areas of the programs. We
cannot afford to invest money in these positions and then face
potential layoffs the next year because funding is not maintained. As
it is, State agencies are continually faced with making the case to
State legislatures and budget officers to support their regulatory
programs through matching State funds, particularly in the difficult
fiscal climate being faced by the States. A clear message from Congress
that reliable, consistent funding will continue into the future will do
much to ensure that States can continue to implement these vital
programs.
It must be kept in mind that State coal regulatory program
permitting and inspection workloads are in large part related to coal
mine production. In general, as coal production increases, the need for
additional permitting and operational inspections also increases. State
programs must be adequately funded and staffed to insure that
permitting and inspection duties are both thorough and timely as States
experience the reality of accelerating coal mine production and
expansion activities. If program funding shortfalls continue, the
Nation risks the possibility of delayed production of a critical energy
source and negative impacts to the environment. Stressing existing
program resources also results in the delay or elimination of lower-
priority program functions.
There continues to be no disagreement about the need demonstrated
by the States. In fact, in OSM's budget justification document, the
agency states that:

``. . . the states have the unique capabilities and knowledge to
regulate the lands within their borders. Providing a 50 percent match
of Federal funds to primacy States in the form of grants results is the
highest benefit and the lowest cost to the Federal Government. If a
state were to relinquish primacy, OSM would have to hire sufficient
numbers and types of Federal employees to implement the program. The
cost to the Federal Government would be significantly higher.'' (page
62 of OSM's Budget Justification)

For all the above reasons, we urge Congress to approve OSM's
proposed budget for State title V regulatory grants in the amount of
$71.3 million, as fully documented in the States' estimates for actual
program operating costs.
With regard to funding for State title IV AML program grants,
congressional action in 2006 to reauthorize title IV of SMCRA has
significantly changed the method by which State reclamation grants are
funded. Beginning with fiscal year 2008, State title IV grants are
funded primarily by permanent appropriations. As a result, the States
should have received a total of $373 million in fiscal year 2010.
Instead, OSM has budgeted an amount of $232.4 million based on an ill-
conceived proposal to eliminate mandatory AML funding to States and
tribes that have been certified as completing their abandoned coal
reclamation programs. This $141 million reduction flies in the face of
the comprehensive restructuring of the AML program that was passed by
Congress in 2006, following over 10 years of congressional debate and
hard fought compromise among the affected parties. While we have not
seen the details of the proposal, which will require adjustments to
SMCRA, it will clearly undermine the delicate balance of interests and
objectives achieved by the 2006 amendments. It is also inconsistent
with many of the goals and objectives set forth in the budget
resolution for fiscal year 2010 and the American Recovery and
Reinvestment Act. These include environmental stewardship, cleaning up
abandoned coal and hardrock mines nationwide, creating green jobs,
sustainable development, infrastructure improvements, alternative
energy projects, pumping dollars into local communities by putting
money to work on the ground in an expeditious manner, and protecting
public health and safety and improving the environment. We urge the
Congress to reject this unjustified proposal, delete if from the budget
and restore the full mandatory funding amount of $373 million.
Included in the mandatory funding mentioned above is supplemental
funding for ``minimum program'' States. Under the funding formula
contained in the 2006 amendments to SMCRA, all of the States will
receive sizeable funding increases except for minimum program States.
We urge Congress to fund these States at the statutorily authorized
level of $3 million in fiscal year 2010 so as allow these States to get
on with the critical AML projects awaiting funding. The current phase-
in approach limits funding to $2.25 million which greatly inhibits the
ability of these States to accomplish much in the way of substantive
AML work--especially given their inventory of remaining high-priority
problems.
We also urge Congress to approve continued funding for the AML
emergency program. In a slight-of-hand move, OSM's budget would
completely eliminate funding for State-run emergency programs and also
for Federal emergency projects (in those States that do not administer
their own emergency programs). OSM accomplishes this by interpreting a
congressional rescission of $8.5 million in the carryover balance for
emergencies in fiscal year 2009 as a reduction in the base for
emergency funding, which was not Congress' stated intent. When combined
with an additional $12 million reduction in funding, OSM completely
eliminates funding for the AML emergency program. (See page 31 of OSM's
budget justification document.) When further combined with the great
uncertainty about the availability of remaining carryover funds, it
appears that the program has been decimated.
Funding the OSM emergency program should be a top priority for
OSM's discretionary spending. This funding has allowed the States and
OSM to address the unanticipated AML emergencies that inevitably occur
each year. In States that have federally operated emergency programs,
the State AML programs are not structured or staffed to move quickly to
address these dangers and safeguard the coalfield citizens whose lives
and property are threatened by these unforeseen and often debilitating
events. And for minimum program States, emergency funding is critical
to preserve the limited resources available to them under the current
funding formula.
Section 410 of SMCRA establishes an emergency reclamation procedure
for AML sites that pose a ``sudden danger with a high probability of
substantial physical harm to the health, safety or general welfare of
people before it can be abated under normal program operation
procedures''. (OSM Directive AML-4). The funding for the emergency
program is separate from the State and tribal nonemergency AML grant
funding since it comes from the Secretary's ``discretionary share''.
Funding for emergencies is provided for in section 402(g)(3) of SMCRA
and is used for the purposes described therein and with monies
remaining after the distributions required under sections 402(g)(1),
(g)(2), and (g)(5). Section 402(g)(1)(C) specifically requires that the
nonemergency State share be used only for annual reclamation project
construction and administration costs. The nonemergency Federal share
allocated to the States in section 402(g)(5) is used to supplement the
State share received under 402(g)(1) until the priorities set forth in
section 403(a)(1) and (2) are met. Emergencies do not fall under
section 403, but are provided for only in section 410.
While there were several significant changes to the AML program
under SMCRA as a result of the 2006 amendments, there were absolutely
no changes to the emergency program under section 410 of the act. In
fact, significant funding increases were approved by Congress that
would allow the States to address long-overdue reclamation problems
including landslides, contaminated drinking water, refuse piles,
dangerous highwalls, mine fires, and exposed mine portals. Diverting
these monies to the emergency program, as suggested by OSM's budget,
would impede the progress the States are now making to address AML
problems that have been awaiting funding for years. In this regard, new
section 402(g)(1)(D)(2) requires that the Secretary ensure ``strict
compliance'' by the States in their use of nonemergency grant funds for
the priorities listed in section 403(a). For the States to do otherwise
would require at the least a rulemaking by OSM, if not legislative
adjustment. It would also reverse 30 years of official guidance and
practice by OSM. We therefore request that Congress restore $12.4
million for the AML emergency program in OSM's fiscal year 2010 budget
and direct the agency to restore an additional $8.5 million that was
misallocated last year.
One of the more effective mechanisms for accomplishing AML
restoration work is through leveraging or matching other grant
programs, such as EPA's 319 program. Until fiscal year 2009, language
was always included in OSM's appropriation that encouraged the use of
these types of matching funds, particularly for the purpose of
environmental restoration related to treatment or abatement of acid
mind drainage (AMD) from abandoned mines. This is a perennial, and
often expensive, problem, especially in Appalachia. IMCC therefore
requests the subcommittee to include language in the fiscal year 2010
appropriations bill that would allow the use of AML funds for any
required non-Federal share of the cost of projects by the Federal
Government for AMD treatment or abatement.
We also urge the subcommittee to support funding for OSM's training
program, including monies for State travel. These programs are central
to the effective implementation of State regulatory programs as they
provide necessary training and continuing education for State agency
personnel. IMCC also urges the subcommittee to support funding for
TIPS, a program that directly benefits the States by providing needed
upgrades to computer software and hardware. We also urge support of the
Watershed Cooperative Agreement program in the amount of $1.5 million.
______

Prepared Statement of the InterTribal Bison Cooperative

INTRODUCTION AND BACKGROUND

My name is Ervin Carlson; I am a member of the Blackfeet Nation in
Montana and the president of the InterTribal Bison Cooperative (ITBC).
Please accept my sincere appreciation for this opportunity to submit
written testimony to the honorable members of the subcommittee, ITBC is
a Native American nonprofit organization, headquartered in Rapid City,
South Dakota, comprised of 55 federally recognized Indian tribes in 18
States. On behalf of the member tribes of ITBC I would like to address
the following issues: (1) request an appropriation of $3,000,000 for
fiscal year 2010, from the Department of the Interior, Bureau of Indian
Affairs, Operation of Indian Programs, to continue our restoration
effort, to continue to provide highly qualified technical assistance,
providing implement our marketing initiative and to continue our health
initiative which utilizes buffalo to teat and prevent diet-related
diseases among Native Americans; (2) explain to the subcommittee the
unmet needs of the members of ITBC; and (3) update the subcommittee on
the present initiatives of ITBC.
Federal appropriations have allowed ITBC to successfully restore
buffalo to more than 50 reservations, thereby preserving the sacred
relationship between Indian people and the buffalo. The respect that
Indian tribes have maintained for the buffalo has fostered a very
serious, high level of commitment by ITBC member tribes for successful
buffalo herd development. With healthy, viable buffalo herds,
opportunities now exist for tribes to utilize buffalo for prevention
and treatment of the diet-related diseases that gravely impact Native
American populations such as diabetes, obesity, cardiovascular disease
and others. Viable buffalo herds also offer tribes the opportunity to
develop sustainable economic development projects surrounding the
buffalo. The primary focus of ITBC is to help develop tribal herds that
are able to provide a wholesome healthy meat product to the tribal
members while remaining economically viable in the reservation
landscape. This will allow the tribes to utilize a culturally relevant
resource in a manner that is compatible with their spiritual and
cultural beliefs and patterns as a means to achieve self-sufficiency.

FUNDING REQUEST

ITBC respectfully requests an appropriation for fiscal year 2010 in
the amount of $3,000,000. This amount would restore ITBC nearly to the
fiscal year 2006 appropriation level and is greatly needed to
successfully accomplish our goals and objectives. This request will
help balance our continuing growth in membership with our funding
level. The $3,000,000 funding level would restore vital funding that
has been cut from the administrations fiscal year 2007, fiscal year
2008 and fiscal year 2009 budgets. Our requested funding level of
$3,000,000 will allow our member tribes to continue their successful
restoration efforts, to restore our marketing initiative and to restore
the health initiative for the prevention and treatment of diet-related
diseases among Native American populations, while simultaneously
building economic sustainability for the tribal projects.

FUNDING SHORTFALL AND UNMET NEED

In fiscal year 2006, ITBC and it member tribes were funded through
appropriations at $4,150,000. The President's budget in fiscal year
2007 and fiscal year 2008 eliminated funding for ITBC. ITBC was funded
$1,000,000 in fiscal year 2007 and fiscal year 2008 through a
congressional appropriation. In fiscal year 2009 ITBC was funded
$1,000,000 through a congressional appropriation and $421,000 from BIA
carryover funds from fiscal year 2008. The cuts came just as ITBC had
started a successful Marketing Program and Health Initiative that
addressed diet-related health problems that are epidemic on most of our
reservations in a manner that would provide economic stability to the
tribal programs.
Without the restoration of funding close to the fiscal year 2006
level new member tribes will not receive adequate funding to begin
buffalo restoration efforts. Tribes that have successfully restored
buffalo to tribal lands will not receive adequate technical assistance
and resource development funds to ensure the sustainability of existing
herds. Furthermore, the investment made by Congress in fiscal year 2006
toward ITBC's healthcare initiative has been cut to the point of almost
being nonexistent. This was designed to utilize buffalo for prevention
and treatment of diet-related diseases among Native American
populations.
ITBC is structured as member cooperative and 100 percent of the
appropriated funds are expended on the development and support of
tribal buffalo herds and buffalo product business ventures. ITBC
funding is distributed to ITBC member tribes via a Herd Development
Grant program developed by the consensus of the members. ITBC surveys
member tribes annually to determine unmet project needs and currently
the total unmet needs for ITBC member tribe's projects is $10,000,000.

ITBC GOALS AND INITIATIVES

Economic Development
In 1991, seven Indian tribes had small buffalo herds numbering less
than 1,600 animals. The buffalo provided little or no economic benefit
to the tribal owners. ITBC has proven extremely successful at buffalo
restoration in its 15 years of existence. Today, with the support and
technical assistance of ITBC and its fellow member tribes, 57 Indian
tribes are engaged in raising buffalo or developing plans to raise
buffalo and incorporate them into their daily lives. ITBC and the
member tribes have restored approximately 15,000 buffalo back to tribal
lands for use by the tribes and their members.
Many of these tribal buffalo programs have developed herds large
enough to justify plans for marketing products as a step toward self-
sufficiency. Because of the depressed economies on the reservations
jobs are scarce and in this arena buffalo restoration efforts on the
reservations have created hundreds of direct and indirect jobs relating
to buffalo management and production. As a result, a significant amount
of revenue derived from buffalo products is beginning to circulate
through Indian Reservation economies.
However, tribes must have the resources to build solid foundations
for this new industry to become fully self-sufficient and maintain
sustainable buffalo herds. ITBC provides critical technical assistance
to member tribes that have developed sustainable management and
infrastructure development plans. Additionally, ITBC provides training
curriculum for the newly created jobs and marketing plans as tribal
herds reach marketing capabilities. ITBC has begun implementation of a
marketing initiative to provide member tribes with viable marketing
options for utilization of buffalo as economic development efforts.
This marketing initiative is in an infancy stage and renewed funding is
critical to achieve success.
Tribal Buffalo Marketing Initiative
ITBC member tribes face a multitude of obstacles when trying to get
their buffalo to market. The remoteness of the reservations means
having to transport buffalo long distances to processing plants and
this results in higher operating costs. The quality of meat is also
negatively impacted by introducing an increased amount of stress on the
buffalo. Further compounding the problem is the reluctance of some
processing plants to process range-fed buffalo and the requirements of
some buyers that animals be corn-finished in a feedlot situation. Some
buyers also require USDA certification which means USDA inspected
processing plants must be used which increases transport time. ITBC
believes this lack of a constant supply chain that is cost effective is
what is limiting the economic development of tribal buffalo herds.
ITBC has assisted the Gros Ventre and Assiniboine Tribes of the
Fort Belknap Indian Community in northern Montana with the development
of a meat-packing facility acquired by the tribe in Malta, Montana.
They have also begun to operate a smoke house in addition to the
packing plant. ITBC has assisted the Cheyenne River Sioux Tribe in
South Dakota with operation of their meat packing facility. ITBC has
provided assistance to the Ponca Tribe of Nebraska for a tannery that
the tribe has started to produce brain tanned hides. ITBC has set up an
arrangement in which the Yakama Nation of Washington supplies buffalo
meat to a tribal enterprise of the Confederated Tribes of Umatilla in
Oregon. ITBC believes the creation of locally driven, regional
marketing plans will help to overcome the remoteness of the
reservations. Tribally owned processing plants would decrease the
transportation time and increased cold storage capacity would also be
very beneficial to ensuring a consistent supply of product for
marketing ventures. ITBC will provide technical assistance in the areas
of meat processing, cold storage facility development, processing plant
enhancement, development of distribution and supply systems for buffalo
meat and by-products, and development of a cooperative brand name with
standards and labeling guarantees for Native American produced buffalo.
Preventive Healthcare Initiative
ITBC is committed to providing buffalo meat to Indian Reservation
families both as an economic development effort for Native American
producers and, more critically, as a healthy food to reintroduce into
the diets of Native American populations. Current research indicates
that the diet of most Indian Reservation families includes large
amounts of high cholesterol, processed meats that contribute to
diabetes, obesity, cardiovascular disease, and other diet-related
illnesses.
ITBC member tribes were just beginning to implement a preventive
healthcare initiative with fiscal year 2006 funding that provided easy
access to buffalo meat on Indian Reservations and educated Indian
families on the health benefits of range fed buffalo meat. The decrease
in funding has led to the elimination of the majority of the program
with only the educational program still inexistence. A restoration of
the funds will allow the program to operate at the fiscal year 2006
level.
Generally, buffalo meat is not sold in small quantities at the
reservation grocery and convenience stores which leaves Indian families
with few alternatives to the high-fat, high-cholesterol, processed
meats stocked in reservation stores. Buffalo meat if available is
usually priced out of the affordable price range of the tribal
families. ITBC seeks to remedy this concern by providing buffalo meat
in family sized quantities to reservation markets and interact with the
Federal food programs. ITBC will work with Federal food programs to
make buffalo meat available through the local school systems and local
community health networks working on addressing diabetes and other
health issues.

CONCLUSION

ITBC and its member tribes have created a new reservation industry,
tribal buffalo production, resulting in new money for reservation
economies. In addition, ITBC continues to support methods to market
buffalo meat by providing easy access to meat on the reservations and
education efforts about the health benefits buffalo meat can bring to
the native diet. The ultimate goal is to restore the tribal herds to a
size large enough to support the local health needs of the tribal
members and also generate revenue through a cooperative marketing
effort to achieve economic self-sufficiency.
ITBC and it member tribes are appreciative of past and current
support from the Congress and the administration. I urge the
subcommittee to consider restoring ITBC funding close to the fiscal
year 2006 level of $3,000,000, which will allow ITBC to continue the
restoration efforts and restore the marketing and health initiative
program started in fiscal year 2006.
I would like to thank this subcommittee for the opportunity to
present testimony and the members of ITBC invite the honorable members
of the subcommittee to visit our tribal buffalo projects and experience
first hand their successes.
______

Prepared Statement of the Intertribal Timber Council

SUMMARY

Madam Chairman, I am Nolan C. Colegrove, Sr., president of the
Intertribal Timber Council (ITC). I am a member of the Hoopa Tribe and
serve as its forest manager. I am pleased to submit this testimony for
the subcommittee's formal fiscal year 2010 hearing record with the
following recommendations for fiscal year 2010 Indian forestry-related
activities in the Bureau of Indian Affairs (BIA), the Office of the
Special Trustee (OST), and wildland fire management:
--In BIA natural resources management, increase BIA tribal priority
allocations (TPA) forestry by at least $2.6 million to adjust
for the 14.1 percent consumer price increase since fiscal year
2003 and up to an additional 25 percent to maintain the pace of
appropriations provided for the Forest Service (USFS) and
Bureau of Land Management (BLM). The glaring gap in per-acre
appropriations for Indian forests compared to those provided
for USFS and BLM lands continues to widen. From fiscal year
2004 to fiscal year 2009, BIA TPA forestry funding increased
only 3.8 percent, compared to 25.5 percent for the USFS timber
harvest budget and 26.5 percent for BLM public domain forest
management. We request that the subcommittee initiate a 5-year
program to fund Indian forestry at per-acre levels comparable
to the USFS and BLM so as to honor the trust responsibilities
of the United States.
--In BIA natural resources management, restore $1 million to the
Timber Harvest Initiative, and increase forest development by
$5 million, to begin making-up for an outright funding decline
from fiscal year 2004 to fiscal year 2009.
--In BIA natural resources management, provide $4.7 million for the
Endangered Species Act, including $2.3 million for Northern
Spotted Owl and marbled murrelet.
--In OST, restore land consolidation to the fiscal year 2007 $59.5
million level, and direct priority for Youpee interests and
forest and other high-value lands.
--For wildland fire, continue to support preparedness, standardize
USFS and Department of the Interior (DOI) fire cost accounting
and business principles, and direct fire 638 indirect costs to
the BIA indirect cost pool.

ITC BACKGROUND

ITC is a 33-year-old organization of 70 forest-owning tribes and
Alaska Native organizations that collectively manage more than 90
percent of the 18 million acres of timberland and woodland that are
under BIA trust management. These lands provide vitally important
habitat, cultural and spiritual sites, recreation and subsistence uses,
and through commercial forestry, income for the tribes and jobs for
their members. In Alaska, the forests of Native corporations and
thousands of individual allotments are equally important to their
owners. To all our membership, our forests and woodlands are essential
to our physical, cultural, and economic well-being, and their proper
management is our foremost concern.
--In BIA natural resources management, increase BIA TPA forestry to
adjust for inflationary costs and increase funding to levels
comparable to those provided to the USFS and BLM. From fiscal
year 2004 to fiscal year 2009, BIA TPA forestry funding has
increased only 3.8 percent, while the USFS timber harvest
budget has increased 25.5 percent and BLM public domain forest
management has increased 26.5 percent.
Last year, the ITC testified that a 2003 independent report noted
that BIA forestry receives only about one-third of the funding provided
to the USFS. Now, a comparative review of Federal agency forestry
budgets from fiscal year 2004 to fiscal year 2009 shows the situation
is becoming much worse for BIA forestry.

----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year Percentage
2004 2009 Difference difference
----------------------------------------------------------------------------------------------------------------
BLM public domain forest management......... $8,093,000 $10,242,000 +$2,149,000 +26.550
USFS NFS forest products.................... 265,013,000 332,666,000 +67,653,000 +25.528
BIA TPA forestry............................ 24,641,000 25,574,000 +933,000 +3.786
BIA forestry projects....................... 17,758,000 17,629,000 -129,000
----------------------------------------------------------------------------------------------------------------
U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index increase from October 2003 (start
fiscal year 2004) to January 2009: 14.1 percent.

Madam Chairman, it is startling and grossly unfair that BIA TPA
forestry has only received a 3.8 percent funding increase over the past
5 years while the BLM public domain forest management and the USFS
forest products timber sales budgets, which perform roughly equivalent
functions, have received increases of 26.5 percent and 25.5 percent,
respectively. The United States has a trust responsibility for our
forests, and is liable for any mismanagement. Our tribal governments,
often among the neediest in the country, rely on our forest revenues to
provide basic services, and our forests are very hard-working,
providing commodity production, clean air, water, fish and wildlife
habitat, and cultural values. From our 18 million forest acres, our
fiscal year 2008 harvest is estimated at 500 million board feet, on a
per-acre basis, about 250 percent of the harvest from the 193 million
acres of USFS forest lands. Each year we are being required to do more
with less funding than is being provided for USFS and BLM lands. Given
the fiduciary trust responsibility of the United States, our forests
should be receiving the resources necessary to ensure first-class
management.
Chronic underfunding of BIA forestry is stripping personnel from
our forests. Anecdotal data indicates a large and increasing number of
professional forestry positions are going unfilled in Indian country
because funding is decreasing. Insufficient fixed cost increases eat
into the program. Management capacity is seriously eroding. At current
funding levels, we are struggling just to provide basic management
functions, and important issues such as adaptive adjustments for
climate change, which other Federal forest management agencies are now
focusing on, are left unattended.
To begin to correct this disparity, the ITC urges the addition of
$2.6 million to BIA TPA forestry to offset inflationary costs of 14.1
percent from fiscal year 2004 to fiscal year 2009 (reported by the
Department of Labor) and that BIA forestry be increased by at least 25
percent to provide funding increases on a par with those provided for
the USFS and BLM since fiscal year 2003. We would welcome an
opportunity to sit down with the subcommittee to learn why these
disparities have persisted and grown, and what might be done to
eliminate them.
--In BIA natural resources management forest projects, restore $1
million to the Timber Harvest Initiative, and increase forest
development by $5 million, to begin making-up for an outright
funding decline from fiscal year 2004 to fiscal year 2009.
From fiscal year 2004 to fiscal year 2009, the BIA forestry
projects budget has declined outright from $17.8 million to $17.6
million, impairing BIA's ability to perform forestry project trust
functions. To begin to address this problem, the ITC requests that $1
million be restored to the Timber Harvest Initiative and $5 million be
added for BIA forest development.
Since the early 1990s, the Timber Harvest Initiative has provided
additional forest harvest capacity to those reservations with a timber
harvest backlog, so they can both meet demand and come into compliance
with the forest management plans. In fiscal years 2008 and 2009,
funding for this initiative was cut from $1.8 million to $800,000.
While we recognize that the timber market is currently depressed, we
anticipate that the timber market will rebound and Indian country needs
to have projects prepared and ready for sale. We urge that $1 million
be restored to the Timber Harvest Initiative to assure BIA can flexibly
manage trust harvest obligations.
The ITC also requests that BIA Forest Development funding be
increased by $5 million. Currently, about one-sixth of the Indian trust
commercial forest needs either replanting or thinning. This backlog
must be reduced to improve the productivity of Indian forest lands and
reduce the threat of catastrophic loss due to insects, disease, and
wildfire. In fiscal year 2005, the BIA Forest Development budget
treated 58,000 acres. For fiscal year 2009, BIA's goal is to treat
52,000 acres, a reduction of more than 10 percent from fiscal year
2005. With a 1 million acre backlog, more acres must be treated, not
less. A $5 million increase for fiscal year 2010 will treat an
additional 30,000 acres, and will increase Indian timber harvest and
value, improve the health or our forests, contribute to carbon
sequestration, and produce woody biomass to advance the Nation's
renewable energy initiatives.
--In BIA natural resources management, provide $4.7 million for ESA,
including $2.3 million designated for Northern Spotted Owl and
marbled murrelet surveys.
Madam Chairman and members of the subcommittee, the ITC wishes to
express our great appreciation for this subcommittee's addition of $1
million to BIA ESA funding for both fiscal year 2008 and fiscal year
2009. Without that restoration, there would be no BIA endangered
species activities in the field, where the listed species are and the
various surveys and protocols must occur.
In fiscal year 1991, Congress initiated BIA ESA funding with $1
million in forestry for the Northern Spotted Owl. In fiscal year 1995,
the marbled murrelet increased that to $1.83 million. In fiscal year
2002, BIA moved those funds from Forestry to a new office and increased
funding for all ESA activities to $3 million, acknowledging the
substantial ESA needs throughout BIA's 56 million trust acres. But
thereafter, funding steadily declined, and despite continuing ESA
mandates, among the forestry tribes with the Northern Spotted Owl and
the marbled murrelet, our field-level funding declined precipitously--
to zero in fiscal year 2007. While we are pleased with the
subcommittee's restoration of $1 million in fiscal years 2008 and 2009,
we are concerned that the BIA now distributes these funds nationwide,
paying little regard to the Northern Spotted Owl and marbled murrelet
purpose for which the funds were initially sought and provided.
For fiscal year 2010, we ask that BIA endangered species be funded
at least at $4.7 million. That is based on the $21.7 million provided
for BLM ESA in fiscal year 2009, or 8.4 cents per acre for BLM's 258
million acres, applied to BIA's 56 million acres, or $4.7 million.
Within that $4.7 million, we also ask that $2.3 million be designated
for the Northern Spotted Owl and marbled murrelet, so that tribes that
initiated the program can have their funds restored to inflation
adjusted levels provided in fiscal year 1995.
--In the OST, restore land consolidation at the $59.5 million level,
and direct consolidation priority for acquisition of Youpee
interests and forest and other high-value lands.
We ask that the land consolidation program be restored to the $59.5
million level requested in fiscal year 2007. Land fractionation is a
root cause for many of the DOI's high costs and difficulties in trust
fund and trust asset administration, and must continue to be
aggressively addressed. We are not aware of any land consolidation
program problems over its 9-year history that warrant its elimination,
and we are not aware of any OST out-reach to tribes to discuss the need
for an ``alternative approach.'' In reviving $59.5 million to land
consolidation, the ITC urges that it focus not only on highly
fractionated properties, but also on (a) purchase of the so-called
Youpee interests to avoid the enormous cost of un-doing the previous
acquisition of highly fractionated interests through escheat; and (b)
consolidation of high value lands, including forest lands, before they
become so fractionated that productive use of the property becomes
problematic.
--For wildland fire, continue to support preparedness, standardize
USFS and DOI's fire cost accounting and business principles,
and direct fire 638 indirect costs to the BIA indirect cost
pool.
The ITC appreciates the subcommittee's maintenance of preparedness
funding in fiscal year 2009 and urges it be expanded in fiscal year
2010 by implementing the following recommendations.
The ITC recommends that USFS and DOI's fire cost accounting and
business practices be standardized, particularly given the idea that
the USFS could be moved to DOI. Current accounting differences result
in significant cost allocation differences between the Departments. The
charging of Indian hot shot crews to BIA's preparedness budget, when
USFS crews are charged to suppression, is one such example. The hiring
of Indian hot shot crews is truly a national suppression resource, and
requiring BIA to charge those crew costs to preparedness is
inappropriate and a needless penalty on tribal preparedness funding.
Hot shot crews, regardless of their origin or Department, should be
charged as suppression resources.
We also ask that Congress direct BIA to charge 638 indirect costs
for tribal wildland fire contracts to the BIA indirect cost pool,
rather than the preparedness account. This preserves BIA preparedness
funding's effectiveness and brings 638 tribal wildland fire contracting
activities into congruence with other BIA contracting indirect cost
practices.
______

Prepared Statement of the Independent Tribal Courts Review Team

Thank you for the opportunity to testify today and address the
serious funding needs that have limited and continue to hinder the
operations of tribal judicial systems in Indian country. I am the
Leader of the Independent Tribal Court Review Team (ITCRT). I am here
today to request that this subcommittee increases funding for tribal
courts by at least $50 million in fiscal year 2010 and maintain the
tribal courts set-aside.
We support an increase in funding for:
--Hiring and Training of Court Personnel.--Tribal Courts make do with
underpaid staff, underexperienced staff and minimal training.
(We have determined that hiring tribal members limits the
inclination of staff to move away; a poor excuse to underpay
staff.)
--Salary Increases for Existing Judges and Court Personnel.--Salaries
should be comparable to local and State court personnel to keep
pace with the non-tribal judicial systems and be competitive to
maintain existing personnel.
--Tribal Courts Need State-of-the-Art Technology (Software,
computers, phone systems, tape recording machines, etc.).--Many
tribes cannot afford to purchase or upgrade existing court
equipment unless they get a grant. This is accompanied by
training expenses and licensing fees which do not last after
the grant ends.
--Security and Security Systems To Protect Court Records and Privacy
of Case Information.--Most tribal courts do not even have a
full-time bailiff, much less a state-of-the-art security system
that uses locked doors and camera surveillance. This is a
tragedy waiting to happen.
--Tribal Court Code Development.--Tribes cannot afford legal
consultation. A small number of tribes hire on-site staff
attorneys. These staff attorneys generally become enmeshed in
economic development and code development does not take
priority. Tribes make do with underdeveloped codes. The Adam
Walsh Act created a hardship for tribes who were forced to
develop codes, without funding, or have the State assume
jurisdiction. (States have never properly overseen law
enforcement in a tribal jurisdiction.)
--Financial Code Development.--We have rarely seen tribes with
developed financial policies. The process of paying a bond, for
example, varies greatly from tribe to tribe. The usual process
of who collects it, where it is collected and how much it is,
is never consistent among tribes.
Department of the Interior, Bureau of Indian Affairs: More than $100
Million for Increased Law Enforcement
The fiscal year 2010 budget provides increases in law enforcement
and detention (which we support as needed and necessary costs for
tribes). Individuals get to detention from law enforcement through
tribal courts. Tribal courts, located in the Federal budget within law
enforcement, need a similar proportionate funding boost and we request
that the fiscal year 2010 budget includes a $50 million increase for
tribal courts.
For the past 3 years, the ITCRT has been traveling throughout
Indian country assessing how tribal courts are operating. During this
time, we have completed some 50 court reviews. There is no one with
more hands-on experience and knowledge regarding the current status of
tribal courts than our review team.
We have come into contact with every imaginable type of tribe;
large and small, urban and rural, wealthy, and poor. What we have not
come into contact with is any tribe whose court system is operating
with financial resources comparable to other local and State
jurisdictions.
There are many positive aspects about tribal courts. It is clear
that tribal courts and justice systems are vital and important to the
communities where they are located. Tribes value and want to be proud
of their court systems. Tribes with even modest resources tend to send
additional funding to courts before other costs. After decades of
existence, many tribal courts, despite minimal funding, have achieved a
level of experience and sophistication approaching, and in some cases
surpassing, local non-Indian courts.
Tribal courts, through the Indian Child Welfare Act, have mostly
stopped the wholesale removal of Indian children from their families.
Indian and non-Indian courts have developed formal and informal
agreements regarding jurisdiction. Tribal governments have recognized
the benefit of having law-trained judges, without doing away with
judges who have cultural/traditional experience. Tribal court systems
have appellate courts, jury trials, well-cared-for courthouses (even
the poorer tribes), and tribal bar listings and fees. Perhaps most
importantly, tribes recognize the benefit of an independent judiciary
and have taken steps to insulate courts and Judges from political
pressure. No longer in Indian country are Judges automatically fired
for decisions against the legislature.
Our research indicates tribal courts are at a critical stage in
terms of need. Nationwide, there are 156 tribes with courts that
receive Federal funding. These tribes divide a mere $11.9 million in
Federal funds. It is the strong recommendation of the ITCRT that the
Federal tribal courts budget be substantially increased in the
President's budget.
Assessments have indicated that the Bureau of Indian Affairs only
funds tribal courts at 26 percent of the funding needed to operate. The
remainder is funded by the tribes. Tribes who have economic development
general subsidize their tribal courts. On the flip side, tribes who
cannot afford to assist in the financial operations of the court are
tasked with doing the best they can with what they have even at the
expense of decreasing or eliminating services elsewhere. This while
operating at a disadvantage with already overstrained resources and
underserved needs of the tribal members. The assessment suggests that
the smaller courts are both the busiest and most underfunded.
We thank this subcommittee for additional funding in fiscal year
2008. These funds were a godsend to tribes. Even minimal increases were
put to good use:
--In 2006, a fire destroyed the White Mountain Apache Court. A
previously condemned building, it went up like a tinder box. An
extra $200,000 bought the White Mountain Apache Tribe a modern
digital tape recording machine, a video surveillance security
system, a telephone system, new computers, and helped restore a
building so the court had somewhere to go. The chief judge even
did some of the carpentry work in the two newer courtrooms.
That's what additional funding does.
--In Fort Yates and the Standing Rock Sioux Tribe, a tribal official
wept when we told her the Tribe would receive an extra
$300,000. Law enforcement was increased from 7 to perhaps 30.
The court ran every day of the week, including Sunday, to
account for the new cases. Law enforcement response time to a
phone call for assistance went from 5 hours, if anyone came at
all, to 15 minutes. Once again there was law and order in
Standing Rock. That's what additional funding does.
The grant funding in the Department of Justice is intended to be
temporary, but instead it is used for permanent needs; such as funding
a drug court clerk who then is used as a court clerk with drug court
duties. When the funding runs out, so does the permanent position. We
have witnessed many failed drug courts, failed court management
software projects (due to training costs) and incomplete code
development projects. When the Justice funding runs out, so does the
project.
As a directive from the Office of Management and Budget, our
Reviews specifically examined how tribes were using Federal funding. In
the last 3 fiscal years (fiscal year 2009 is partial) there was only
one isolated incident of a 3 percent questionable expenditure of
Federal funds. It is speculated that because of our limited resources,
we compromise ones due process and invoke ``speedy trials'' violations
to save tribal courts money. Everyone who is processed through the
tribal judicial system is afforded their constitutional civil liberties
and civil rights.
We do not wish to leave an entirely negative impression about
tribal courts. Tribal courts need an immediate, sustained, and
increased level of funding. True. However, there are strong indications
that the courts will put such funding to good use.
The Shoshone-Bannock of Fort Hall, Idaho holds court in a condemned
building, built in 1888, full of so much mice droppings and bat guano
that you cannot use the lower floor. They recently had a building
closed because of the threat of Hanta Virus. They have been unable to
hire a tribal prosecutor for 2 years because of their remoteness and
inability to pay a competitive salary. Still, they operate a court as
best they can and dream of the day they will complete their detention
center which, after years of waiting, they are paying for themselves.
Their need exceeds 100 percent.
The Cheyenne River Sioux Tribe in Eagle Butte, South Dakota (like
several other places we have reviewed) is fortunate to have dedicated
court clerks who work for salaries below the poverty level, most at
less than $10 an hour. Their need exceeds 100 percent.
Turtle Mountain Chippewa Tribe of North Dakota must operate even
when the courts' electricity is periodically turned off because they
can't pay their light bill. Their need exceeds 100 percent.
There are tribes like the Fort Belknap Tribe of Montana whose chief
judge manages both offices and holds court in an old dormitory that
can't be used when it rains because water leaks into the building and
the mold has consumed one wall. Their need exceeds 100 percent.
And, there are tribes like the isolated Havasupai, located in the
bottom of the Grand Canyon. They can only afford a judge 1 day a month.
Their computers only work sporadically because of the fine layer of
dust that appears to cover everything. They have a single, underpaid
clerk, who remains dedicated to her job, even though her employment
experience means she could make twice as much working out of the Canyon
away from home. When she goes to pick up her children at school, the
court must close, because she is the only one there. Their need exceeds
100 percent.
Tribal courts have other serious needs. Tribal appellate court
judges are mostly attorneys who dedicate their services for modest fees
that barely cover costs for copying and transcription fees. Tribal
courts offer jury trials. In many courts, one sustained jury trial will
deplete the available budget. The only place to minimize expenses is to
fire staff. Many tribal courts have defense advocates. These advocates
are generally law trained and do a good job protecting an individual's
rights (including assuring speedy trial limitations are not violated.)
However, this is a large item in court budgets and if the defense
advocate, or prosecutor, should leave, the replacement process is slow.
I come here today to tell Congress these things. We feel it is our
duty to come here on behalf of tribes to advocate for better funding.
Tribes ask us to tell their stories. They open their files and records
to us and say, ``We have nothing to hide''. Tell Congress we need
better facilities, more law enforcement, more detention facilities,
more legal advice, better codes. the list goes on and on. But, as we
have indicated, it all involves more funding. This Congress and this
new administration can do something great. Put your money where your
promises have been.
______

Prepared Statement of the Izaak Walton League of America

The Izaak Walton League of America appreciates the opportunity to
submit testimony concerning appropriations for fiscal year 2010 for
various agencies and programs under the jurisdiction of the
subcommittee. The League is a national, nonprofit organization founded
in 1922. We have nearly 37,000 members and more than 270 community-
based chapters nationwide. Our members are committed to advancing
common sense policies that safeguard wildlife and habitat, support
community-based conservation, and address pressing environmental
issues. The following pertains to programs administered primarily by
the U.S. Fish and Wildlife Service (USFWS) and the U.S. Environmental
Protection Agency (EPA).

DEPARTMENTS OF THE INTERIOR AND AGRICULTURE, LAND AND WATER
CONSERVATION FUND

The League is very encouraged by the President's proposal to
increase funding for the Land and Water Conservation Fund (LWCF) to
approximately $420 million in fiscal year 2010 with the goal of fully
funding LWCF programs at $900 million by 2014. The League strongly
supports full funding and its members reaffirmed this commitment last
year by adopting a resolution during our national convention endorsing
this goal. It is important to begin to reinvest in strategic land
acquisition to protect critical habitat, provide recreational access,
and to buffer against the likely impacts of climate change. The
dramatic decline in acquisitions over the past 8 years is particularly
acute across the National Wildlife Refuge System (NWRS). An independent
analysis last year of NWRS performance by Management Systems
International (MSI) determined that the System has been ineffective in
strategic land acquisition mainly because of a precipitous drop in
requests to buy land. According to MSI, ``[T]he number of requested
properties to be added to the Refuge System was 53 in fiscal year 2003
and has declined every year since. In fiscal year 2008 only two
properties were requested for addition to the NWRS--despite the fiscal
year 2007 LAPS priority list being composed of 128 available
properties.'' Acquisition needs are also high across other Federal land
management agencies and we encourage the subcommittee to approve the
President's request.

DEPARTMENT OF THE INTERIOR, YOUTH EDUCATION AND INVOLVEMENT

We applaud the President for specifically highlighting the value of
recruiting a new generation of hunters and anglers. According to data
from the USFWS, the number of hunters in America dropped from
approximately 14 million to 12.5 million between 1996 and 2006. Many
factors affect participation and recent research highlights the
essential role that families play in introducing children to hunting.
This research confirms that hunters who are active today most commonly
first went hunting when they were between the ages of 10 and 12 and
nearly all were introduced to hunting by a member of their family.
Reversing this downward trend will require a range of strategies, and
some of the most important will focus on children and families living
in rural, suburban, and urban communities. The League supports the
request for $28 million for the USFWS to provide grants to States to
support innovative programs designed to recruitment a new generation of
hunters and anglers. In addition, we support the request for $1 million
in additional funding for the National Fish and Wildlife Foundation
(NFWF) to develop public-private partnerships focused on connecting
children with nature through hunting, fishing, and other types of
wildlife-related outdoor recreation.

FISH AND WILDLIFE SERVICE, NATIONAL WILDLIFE REFUGE SYSTEM

The League joins other members of the Cooperative Alliance for
Refuge Enhancement (CARE), a diverse coalition of 23 wildlife,
sporting, conservation, and scientific organizations representing more
than 14 million members and supporters, in requesting $514 million for
operations and maintenance of the NWRS in fiscal year 2010. We
appreciate the subcommittee's leadership in boosting NWRS funding to
$462.8 million in the fiscal year 2009 omnibus appropriations bill.
National Wildlife Refuges across the country provide some of the
most important habitat for fish, wildlife, and waterfowl. In addition,
they offer incredible recreational opportunities for hunters, anglers,
birdwatchers, and countless others who enjoy the outdoors. Furthermore,
refuges contribute to local and regional economies generating $1.7
billion in sales and supporting 27,000 private-sector jobs. In spite of
these and other benefits, funding for essential refuge operations and
maintenance has not kept pace with inflation and pressing
environmental, conservation, and law enforcement challenges. Today, the
NWRS has a $3.5 billion backlog in basic operations and maintenance
projects. Although funding provided in the American Recovery and
Reinvestment Act will support near-term maintenance projects on
Refuges, additional and sustained investment is necessary over the long
term to significantly reduce this backlog.
Moreover, the NWRS has essential daily operations needs that can
only be addressed with additional budget resources. For example, the
MSI evaluation concluded that ``[A]t many refuges, law enforcement
coverage is insufficient to ensure protection of resources and the
safety of visitors and refuge staff.'' This analysis recommended that
the system double the number of law enforcement staff from 200 to ``at
least 400 full-time officers.'' Moreover, the analysis tied the law
enforcement problem directly to funding stating: ``[I]t is highly
unlikely that any meaningful progress towards improving the Refuge
System's law enforcement capability (will occur) under current and
expected budget allocation levels.''
We are encouraged by the administration's request for $483.3
million for fiscal year 2010. Although this a positive step, we are
concerned that this amount falls short of what the NWRS needs annually
and over the long term. For example, although MSI gave the USFWS an
ineffective rating for Refuge law enforcement, the budget request in
this critically important area is relatively flat. In addition, the
USFWS estimates that the NWRS requires at least additional $15 million
annually simply to keep pace with inflation. However, it does not
appear that the budget provides even half of this minimum threshold
when one considers that at least $14 million of the $20 million
proposed increase is committed to climate change and youth engagement.
Although these are important, some NWRS functions will suffer if
funding does not at least keep pace with inflation. Providing $514
million in fiscal year 2010 will ensure that NWRS can provide quality
visitor services and effectively manage critical habitat. In addition,
this would be a critical first step toward achieving CARE's goal of
fully funding the annual operations and maintenance needs of the NWRS
by 2013.

FISH AND WILDLIFE SERVICE, STATE WILDLIFE GRANTS

As a member of the Teaming with Wildlife National Steering
Committee, the League urges the subcommittee to approve the President's
request for $115 million for State Wildlife Grants in fiscal year 2010.
We also support his request for $40 million for climate change grants.
The debate on comprehensive climate and energy legislation highlights
the impacts of a warming climate on fish and wildlife and the
importance of investing in adaptation and habitat conservation. States
will be at the forefront of this effort based on their responsibility
to manage fish and wildlife. This funding will allow them to update
wildlife action plans to better account for and proactively respond to
these impacts.

ENVIRONMENTAL PROTECTION AGENCY, CLEAN WATER STATE REVOLVING FUND

The League appreciates the steps the subcommittee took to provide
$689 million for the Clean Water State Revolving Fund (SRF) in the
fiscal year 2009 omnibus appropriations bill. We support the
President's request for $2.4 billion for the Clean Water SRF next
fiscal year. Nationwide, broken sewer pipes and overflows spill more
than 1 trillion gallons of untreated sewage into our waterways every
year costing more than $50 billion for cleanup. These overflows pose
serious risks to wildlife and human health. The SRF is a highly
successful program that provides the funds needed to stop sewage
contamination. However, the EPA's Clean Water and Drinking Water
Infrastructure Gap Analysis found a $535 billion gap between current
spending and projected needs for drinking water and wastewater
infrastructure over the next 20 years. An investment of $2.4 billion in
the Clean Water SRF would improve water quality, protect public health,
and provide jobs across the country.

ENVIRONMENTAL PROTECTION AGENCY, GREAT LAKES RESTORATION

The League is also very encouraged by and supportive of the
President's proposal to develop a new $475 million initiative to
protect and restore the Great Lakes. This proposal represents a
national--not simply regional--investment. The Great Lakes contain more
than 80 percent of the surface fresh water in the United States and
more than one-tenth of the country's total population lives in the
region. Although significant economic challenges confront the area, it
continues to be the center of manufacturing in this country and
supports national and world-class recreational opportunities which also
generate billions of dollars in economic activity.
The President's proposal strategically targets some of the most
persistent and pressing natural resource, environmental, and public
health issues facing the Great Lakes. For example, the proposal would
direct nearly one-third of funds to address toxic substances and areas
of concern. Heavy metals and other toxics are dangerous pollutants
throughout the region and are especially concentrated in contaminated
sediments. The EPA, States, and localities have identified specific
areas of concern and new funding could be quickly directed to
remediation. This proposal also focuses on other key threats, including
invasive species and nonpoint source pollution. Moreover, the proposal
is proactive in terms of restoring and improving native species,
habitat, and aquatic ecosystems.
The States that border the Lakes and many nongovernmental
organizations have invested significant resources to preserve these
national treasures; however, additional Federal investment is needed or
the problems will only get worse and cost even more to fix. The
President is proposing to make a significant investment as the first
step in a long-term effort to restore the Great Lakes ecosystem. The
League urges the subcommittee to fully fund this important initiative.

ENVIRONMENTAL PROTECTION AGENCY, NON-POINT SOURCE MANAGEMENT PROGRAM
(CLEAN WATER ACT SECTION 319)

We join American Rivers in urging the subcommittee to appropriate
$250 million for section 319, the Non-point Source Management Program.
The fiscal year 2009 omnibus appropriations bill provides approximately
$201 million, which is also equal to the administration's fiscal year
2010 request. This program provides grants to States, territories, and
tribes for nonpoint source pollution reduction activities. States
report that nonpoint source pollution is the leading cause of water
quality problems, including harmful effects on drinking water supplies,
recreation, fisheries, and wildlife.

ENVIRONMENTAL PROTECTION AGENCY, CHESAPEAKE BAY PROGRAM

The League commends the subcommittee for appropriating $31 million
for the Chesapeake Bay Program in fiscal year 2009 omnibus bill. We
join the Chesapeake Bay Foundation in requesting $40 million for fiscal
year 2010, including $5 million for Small Watershed Grants. We
appreciate the administration's request for $35.1 million for fiscal
year 2010.
The Chesapeake Bay is the largest estuary on the Atlantic coast and
one of the largest in the world. EPA's Chesapeake Bay Program Office
(CBPO) is the primary facilitator of restoration activities by partners
throughout the watershed. Although the Chesapeake Bay Program has made
significant progress toward pollution reduction, habitat restoration,
fisheries management, and watershed protection goals, much more work is
needed to restore the Bay. For example, habitat restoration efforts are
collectively less than half way to Program goals and there is concern
about the overall quality of habitats that remain. Achieving these
goals will require participation from citizen groups and local
governments. The Chesapeake Bay Program supports stakeholder
involvement through the Chesapeake Bay Small Watershed Grants. In the
past 9 years, the Small Watershed Grants Program has provided $17.7
million to support 544 water quality improvement and wildlife habitat
restoration projects. These grants have been used by recipients to
leverage an additional $50.7 million from other funding sources. The
League supports maintaining the investment in the Program Office with
particular emphasis on boosting support for Small Watershed Grants.
______

Prepared Statement of John K. Moore

This testimony addresses three topics:
--support for fiscal year 2010 Land and Water Conservation Fund
(LWCF) appropriations for Tahoe and Eldorado National Forests;
--serious concerns about proposed purchases of low-value lands with
future LWCF appropriations; and
--serious concerns about logging of parcels that have been optioned
for future purchase with LWCF appropriations.
I have campaigned for more than 30 years for LWCF appropriations
for acquisition of private lands valuable for wildlife habitat and
recreation in national forests in the Sierra Nevada.
These campaigns have enjoyed numerous successes, among them
acquisitions in Hope Valley, around Castle Peak in Tahoe National
Forest, on the Pacific Crest Trail, and along the North Fork American
Wild River. The support of LWCF appropriations by Senate appropriations
subcommittees has played a major role in these successes.

SUPPORT FOR FISCAL YEAR 2010 LWCF APPROPRIATIONS

The checkerboard ownership pattern in the Sierra Nevada is one of
the most significant challenges facing Forest Service (USFS) land
management. Incompatible uses on private parcels interspersed with
public lands would degrade wildlife habitat, water quality,
recreational access, and scenic views on the public lands and would
complicate forest management and fire control. Disruption of north-
south habitat connectivity, essential to wildlife migration in the
Sierra Nevada, will have much more serious effects as climate change
significantly shifts wildlife habitats. For these reasons, USFS has
made consolidation of public ownership in checkerboard areas an
acquisition priority in California.
Of the lands proposed for acquisition with LWCF appropriations in
the immediate future, lands around Castle Peak and along the Middle
Fork Yuba and North Yuba Rivers should have the highest priority.

CASTLE PEAK LANDS

Two parcels at the north end of the Castle Peaks Proposed
Wilderness are our highest priority for acquisition. These parcels are
crucial to the integrity of the wilderness proposal. One of the parcels
connects to a pristine section of red fir forest that has never been
logged and also protects a tributary to the Little Truckee River,
eligible for wild and scenic designation, which is being restored.
Acquisition of the other parcel would make the proposed wilderness
boundary west of Mount Lola more logical and defensible.
In addition, there are three other parcels southwest of Castle Peak
that adjoin or are within the original Castle Peak Roadless Area.
Acquisition of these parcels would help consolidate USFS management of
lands around Castle Peak valuable for wildlife habitat and recreation.

MIDDLE YUBA RIVER LANDS

These lands are in 12 miles of the canyon of the Middle Yuba River,
a deep rugged canyon that includes three sheer-walled inner box
canyons. The 12 miles are part of the stretch of the Middle Yuba whose
exceptional scenic qualities make it eligible for inclusion in the Wild
and Scenic River System.
The canyon is a critical wildlife corridor in which bald eagles,
northern goshawks, and spotted owls occur. National forest lands in the
canyon are managed to benefit habitat for marten and Pacific fisher.
Acquisition of the available Middle Yuba River lands would
significantly increase and consolidate public ownership within the
canyon, facilitating coordinated management to preserve the canyon's
important wildlife habitat, watershed, and wild river values.
Protecting these parcels will help ensure public access, critical
habitat protection, and water protection in the Sierra Nevada.

NORTH FORK YUBA RIVER LANDS

Indian Valley in the scenic canyon of the North Yuba River would be
a very attractive location for a Tahoe National Forest campground. The
North Yuba Canyon, traversed by Highway 49, is a heavily visited
recreational area. USFS has had a long-standing interest in acquiring
Indian Valley for a campground. Acquisition of this land would be very
consistent with the purposes of the LWCF.

SERIOUS CONCERNS ABOUT PROPOSED PURCHASES OF LOW-VALUE LANDS

There are many thousands of acres of private lands valuable for
wildlife habitat and recreation still to be acquired in Tahoe and
Eldorado National Forests. Acquisition of a significant proportion of
these lands will take many years.
All the lands in Tahoe and Eldorado National Forests purchased with
LWCF appropriations since 2001 have been lands owned by Sierra Pacific
Industries (SPI) which are under option to The Trust for Public Land.
Purchasing the remaining lands under option is likely to require
several more years of appropriations.
Some of the remaining lands under option are of such low value that
purchasing them would not be consistent with the purposes of the LWCF.
I am very concerned about the proposed use of millions of dollars of
LWCF appropriations to acquire these low-value lands. These lands
compare very unfavorably with the more valuable lands in Tahoe National
Forest previously acquired with LWCF appropriations. Expending LWCF
appropriations on low-value lands reduces the funds available for
saving more valuable lands.
Low-value lands have been optioned because TPL made the very unwise
decision in 2001 to sign an option which included them. TPL did not
investigate the merits of the lands and did not ask the advice of
environmentalists familiar with the lands before signing the option. As
far as I know, TPL did not ask USFS if acquiring the optioned lands was
consistent with USFS acquisition priorities before announcing the
option.
There are two categories of low-value lands under option: lands
degraded by intensive timber management and roads, and scattered
parcels whose acquisition would not help preserve areas with
exceptional values.
Thousands of acres of the remaining optioned lands have been
significantly modified by intensive timber management and the roads
required for management. Timber management has degraded the wildlife
habitat and recreational values of these lands, compared to less-
modified forest. Future management of these lands would require
substantial expenditures by USFS for reforestation and maintenance and
possible closure of roads. Acquisition of significantly modified lands
may be justified to consolidate ownership in mostly unmodified areas
with exceptional values, but not otherwise.
LWCF appropriations are best expended for lands that consolidate
ownership in areas with exceptional values, such as the Castle Peak and
Middle Yuba areas. The remaining optioned lands include many scattered
parcels in areas without exceptional values. In some cases public
ownership would still be significantly fragmented after the optioned
scattered parcels are acquired. Purchase of scattered parcels in areas
without exceptional values is not consistent with the purposes of the
LWCF.
Maps showing the lands degraded by intensive timber management and
roads and the low-value scattered parcels will be supplied on request.

SERIOUS CONCERNS ABOUT LOGGING OF LANDS UNDER OPTION

The option agreement allows Sierra Pacific Industries to harvest
timber from the optioned lands. Since the option was signed, Sierra
Pacific Industries has harvested timber or has obtained permits to
harvest timber from several thousand acres of optioned lands. Timber
has been harvested more than once from some areas. Harvesting timber
from the optioned lands degrades the values of the lands which are
cited to justify the purchases. Permitting timber harvesting on the
optioned lands is a very serious defect in the option.
Announcements celebrating the signing of the option emphasized that
the optioned lands were more valuable for nontimber uses then for
timber. The permitted timber harvesting flatly contradicts these much-
publicized announcements. Has the Appropriations Committee been aware
that the option allows harvesting of timber from optioned lands?
responding to the serious concerns
I urge you to consider these serious concerns about acquisition of
low-value lands and logging of lands under option when appropriating
LWCF funds for fiscal year 2010 and subsequent fiscal years. In
addition, The Trust for Public Land and the USFS should be informed of
these concerns.
______

Prepared Statement of the Jamestown S'Klallam Tribe

On behalf of the Jamestown S'Klallam Tribe, I want to thank this
subcommittee for the opportunity to submit this written testimony on
our funding priorities and requests on the fiscal year 2010 Bureau of
Indian Affairs (BIA) and Indian Health Service (IHS) budgets. We have
long appreciated this subcommittee's support of our funding requests.
Tribal-specific Appropriation Priorities
$1.46 million for land purchase for Tamanowas Rock Sanctuary
Project
$200,000 Increase to BIA tribal base budget for fish and wildlife
management
$10.92 million to support construction of a medical clinic serving
Medicare/Medicaid and other low-income clients.
Local/Regional Requests and Recommendations
We support all requests and recommendations of:
--Affiliated Tribes of Northwest Indians;
--Northwest Indian Fisheries Commission (NWIFC); and
--Northwest Portland Area Indian Health Board.
National Requests and Recommendations
BIA Requests
Provide $25 million general increase to BIA Tribal Priority
Allocation (TPA) for inflationary and fixed costs and provide $57
million increase for BIA Contract Support Cost (CSC), including direct
CSC.
IHS Requests
Provide $470 million for IHS mandatory, inflation, and population
growth increase to maintain existing healthcare services.
$152 million increase for Contract Health Services (CHS); $143
million increase for IHS to fully fund CSC, including direct CSC; and
increase $5 million to the IHS Office of Tribal Self-Governance (OTSG).
We support all requests and recommendations of the National
Congress of American Indians (NCAI) and National Indian Health Board
(NIHB).

TRIBAL-SPECIFIC APPROPRIATION JUSTIFICATION

$1.46 Million Land Purchase for Tamanowas Rock Sanctuary Project
The purpose of the project is to preserve tribal cultural and
ceremonial access to an important archaeological site of the S'Klallam
American Indian people. Tamanowas Rock, located in eastern Jefferson
County on the Olympic Peninsula of Washington State, is of great
cultural and spiritual significance to the tribes in the region, and
also holds special significance for the local non-Indian community. As
a geological formation, the estimated age of the rock is 43 million
years. More importantly, the oral history associated with the rock
among the local tribes includes the era of the mastodons (extinct for
8,000 years), when it was used as a perch by tribal hunters and a story
of a great flood (assumed to be a tsunami from around 3,000 years ago)
when people tied themselves to the rock to avoid being swept away.
In 1976, the rock was listed in the Washington Heritage Register as
having significant archaeological interest. The tribes and local
community have been working for more than 10 years to try to protect
the property where the rock is located from development. In February
2005, the Jamestown S'Klallam Tribe, acting on behalf of all the
S'Klallam Tribes, obtained loans to purchase a 20-acre parcel and a
group of platted properties totaling 66.32 acres (if dedicated roads
are vacated, the acreage is closer to 100 acres for the platted
properties). This property was in imminent threat of development in the
vicinity of the rock. The local community and the tribes now seek funds
to purchase the land temporarily secured by the loan and purchase the
remaining 80 acres directly surrounding Tamanowas Rock, all of which
would be protected in perpetuity.
$200,000 Increase to BIA Tribal Base Budget for Fish and Wildlife
Management
The U.S. Government formally recognized the Jamestown S'Klallam
Tribe in 1981. Jamestown is one of four tribes that signed the Point No
Point Treaty with the U.S. Government in 1855. The BIA began
contracting with the tribe to provide fisheries management services.
The Point No Point Treaty Council (PNPTC) was serving as the fisheries
management agency for the other Klallam and Skokomish Tribes. In its
efforts to contract with Jamestown for basic fisheries management
services, the BIA decided to provide only enough funding to slightly
expand PNPTC rather than providing funding of sufficient quantity for
Jamestown to operate a fisheries program of the same size as the other
three tribes. Following the implementation of the Self-Governance
Initiative, the distribution of contracted funds to each PNPTC member
tribe was based on funding history, thus Jamestown received a
significantly smaller portion of the PNPTC base funding than received
by the other three tribes. The Jamestown S'Klallam Tribe is nonetheless
required to meet the basic fisheries and wildlife management
responsibilities of United States v. Washington including planning,
negotiation, regulation, technical expertise, and enforcement. The
$200,000 increase to our self-governance base is needed to implement
these essential treaty fish and wildlife management services.
--$10.92 million to support construction of a medical clinic serving
Medicare/Medicaid and other low-income clients.
The Sequim and Port Angeles areas of Clallam County are designated
a Primary Care Health Professional Shortage Area due to the low-income
and Medicaid population and the lack of access that these populations
have to medical and dental care. The tribe, in order to afford quality
healthcare for its members, serves a large non-Indian population of
underserved individuals and families who cannot reasonably find care
elsewhere. Unlike many other tribes, the Jamestown S'Klallam Tribe does
not receive direct care funding from IHS to support the operation of
its medical clinic. Making medical clinic services available to an
underserved group of non-Indians provides enough income and patient
base to operate a medical clinic. Profit from clinic operations is used
to fund health services for tribal citizens and to make up the
shortfall in IHS funds to fulfill Federal treaty obligations.
The tribe is proposing to construct a 35,407 square-foot healthcare
clinic and 94-vehicle parking area. The clinic will serve both tribal
members and nontribal members. The primary purpose of this project is
to respond to a documented need to provide health and wellness services
to the residents of Sequim, Clallam County, and to low- and moderate-
income people of the surrounding communities. The project will be
located on 2.5 acres of land as part of the Olympic Medical Clinic
Campus in Sequim, Washington.

LOCAL/REGIONAL REQUESTS AND RECOMMENDATIONS

The Jamestown S'Klallam Tribe is a direct beneficiary of the
collective tribal efforts and continues to support the requests and
recommendations of the Affiliated Tribes of Northwest Indians,
Northwest Portland Area Indian Health Board, and the NWIFC.

NATIONAL REQUESTS AND PRIORITIES

BIA Requests
Historically, the discretionary funding levels for programs
intended to assist Native Americans through the BIA has fallen
dangerously short. Native Americans living on tribal lands do not have
access to the same services and programs available to other Americans,
even though the Government has a binding trust obligation to provide
these services. In fact, the Congressional Research Service found that
between 1975 and 2000, funding for the BIA and the Office of Special
Trustee declined by $6 million yearly when adjusted for inflation.
Furthermore, between fiscal year 2004 and fiscal year 2007 the BIA
budget fell significantly from $2.8 billion to $2.2 billion. Funding
cuts and the reallocation of funds for nontribal use increased the
level of unmet need in Indian country.
--Provide $25 million (10 percent increase more than fiscal year
2009) for general increase to BIA TPA for inflationary and
fixed costs.
TPA is one of the most important funding areas for tribal
governments. It covers such needs as economic development, general
assistance, and natural resource management. Since tribes have the
flexibility to use TPA funds to meet the unique needs of their
individual communities, they are the main resource for tribes to
exercise their powers of self-governance. However, from 1998 through
2004, BIA's funding for TPAs declined from 42 percent of BIA's budget
to only 33.3 percent. In 2000, TPA funding was so inadequate that the
estimated need was $2.8 billion. According to the budget statistics
compiled by the NCAI, inadequate TPA funding reaches back two decades
and has prevented tribes from exercising self-governance.
--Provide $57 million Increase for BIA to fully fund CSC, including
direct CSC
The BIA estimates that the fiscal year 2007 CSC shortfall was
approximately $54 million ($143 million in CSC appropriations versus
$197 million in allowable CSC need). Additionally, $3 million is needed
annually for administrative costs for new and expanded programs (Indian
Self-Determination Fund). The lack of CSC dollars diminishes the
administrative capacity of Indian tribes to deliver quality programs
and services to our citizens. The Tribal administrative personnel hired
with CSC dollars help ensure accountability and transparency in our
administration of Federal programs. The Indian Self-Determination and
Education Assistance Act, Public Law 93-638, mandates that Indian
tribes be paid these costs. There is no other Government contractor
that is forced to subsidize Federal contracts.
IHS Requests
The President's proposed increase for the IHS is projected to be
$415 million more than the fiscal year 2009 enacted level. Until the
full budget details become available, the effect of the President's
proposal cannot be fully evaluated.
--Provide $470 million for IHS mandatory, inflation, and population
growth increase to maintain existing healthcare services
--Mandatory costs increases are necessary to maintain the current
level of services. These ``mandatories'' are unavoidable
and include medical and general inflation, pay costs, and
population growth.
--Provide $152 million increase for CHS
--$152 million increase is needed for contract health funding. This
level will allow those tribes who are not served by an IHS
hospital to provide healthcare services at the same level
as those tribes who are served by an IHS hospital.
--Provide $143 million for IHS to fully fund CSC, including direct
CSC
--On March 1, 2005, the U.S. Supreme Court issued a unanimous
decision in Cherokee Nation and Shoshone-Paiute Tribes v.
Leavitt lawsuit, which powerfully reaffirms the
enforceability of Government contracts between Indian
tribes and agencies such as IHS and BIA.
--The Court's ruling compels corrective action from Congress, where
historically insufficient funds have been appropriated to
pay Government contracts with tribes, while all other
Government contracts are fully paid (through supplemental
appropriations, if necessary).
--Increase $5 million to the IHS OTSG
--In 2003, Congress reduced funding for this office by $4.5
million, a loss of 43 percent from the previous year. In
each subsequent year, this budget was further reduced due
to the applied congressional rescissions. There are more
than 330 self-governance tribes with funding totaling $1
billion; this is 57 percent of all federally recognized
tribes and 33 percent of the overall IHS funding. Tribes
continue to enter into SG resulting in a need for
additional OTSG staffing.
Support all requests and recommendations of the NCAI and NIHB.
--The leadership of the Jamestown S'Klallam Tribe remains actively
involved in both NCAI and NIHB and has participated in numerous
national forums to discuss and prioritize program funding and
budgets. We are extremely supportive of the requests from these
organizations.
______

Prepared Statement of the Kern County Valley Floor Habitat Conservation
Plan Industry and Government; Western States Petroleum Association;
Independent Oil Producers Association; Occidental of Elk Hills, Inc.;
and Buena Vista Water Storage District

Madam Chairman and members of the subcommittee: On behalf of the
California Industry and Government Coalition for the Kern County Valley
Floor Habitat Conservation Plan (KCVFHCP), we are pleased to submit
this statement for the record in support of our funding request for the
Interior appropriations bill for fiscal year 2010.
First, the Coalition supports the President's budget request for
the Department of the Interior's Cooperative Endangered Species
Conservation Fund, especially funding for Habitat Conservation Plan
(HCP) land acquisition.
Second, the Coalition urges the subcommittee to appropriate
additional funding for land acquisition above the funding requested by
the President. The additional funding requested by the Coalition
anticipates that $1 million will be needed by the Kern County program
to be used for purposes of acquiring and maintaining habitat preserves.
The Coalition's request is supported by the timely need to
implement the KCVFHCP. The County's local oil and gas production
industry and Water Districts have contributed more than $550,000 to the
development of this program. In 1997, the U.S. Fish and Wildlife
Service (FWS) allocated $500,000 of Federal Endangered Species Act
section 6 funds to assist in program implementation. The California
State Government has authorized $1 million to augment the Federal
funds. In order to secure the $3 million total necessary to assist in
the implementation of the plan, we will require $1 million for fiscal
year 2010 and $500,000 for fiscal year 2011.
The Coalition requests that the subcommittee appropriate the
maximum possible amount for this program, so that the funding pool can
accommodate our request and need. We are confident that the plan's
merits and urgency support this request.
Kern County's program is unique from other regions in the Nation in
that it contains some of the highest concentrations of plant and animal
species protected by the Endangered Species Act (ESA) within the
continental United States. The region is occupied by 11 wildlife
species and 14 plant species covered as threatened or endangered under
the program. The potential for conflict with the Federal ESA is great
in Kern County because of the extensive oil and gas production
activities, water conveyance efforts and the urbanization that is
occurring. Since Kern County is the top oil producing county in the
Nation and experiencing rapid urban growth, potential conflicts with
the ESA and their resolution through a proactive conservation program
has significant national importance.
In recognition of the conflicts posed to economic growth by Federal
and State endangered species laws, a joint agency Memorandum of
Understanding was entered into by FWS, Bureau of Land Management,
California Energy Commission, California Division of Oil and Gas and
Geothermal Resources, California Department of Fish and Game, and Kern
County. The participating agencies agreed to develop a unified
conservation strategy with the goal of providing a streamlined and
consistent process of complying with State and Federal endangered
species laws, yet at the same time allow important industry activities
such as oil and gas, water conveyance, and other industry activities to
continue.
Preparation of the KCVFHCP began in 1989 and involved a number of
Federal, State, and local government agencies, as well as the oil and
gas industry, agricultural interests, utilities, and environmental
groups.
Kern County's Valley Floor Habitat Conservation Plan is one of the
largest and most diverse endangered species conservation programs under
development in the Nation encompassing more than 3,110 square miles.
The program represents a departure from traditional endangered species
conservation programs which utilize prohibitory controls to assure
conservation of species habitat. Instead, it is based on an incentive-
based system of selling or trading habitat credits in an open market.
This innovative approach, for the first time, provides landowners with
real incentives and more importantly, the ability to choose how best to
manage their own private property. The KCVFHCP is in the final stages
of preparation. The HCP document is completed. An environmental impact
statement is being prepared for public review in the near future. Final
approval will occur in 2010.
Numerous agencies, in concert with the State of California and
local government entities, as well as the private oil and gas industry
have contributed funding, time and other resources toward developing
the KCVFHCP. The KCVFHCP program will be completed in 2010, provided
there is the necessary Federal funding for the acquisition of habitat
to mitigate for oil and gas operations and development. Additional
funding is critical to completing the HCP. This is one of the final
steps necessary to implement the conservation strategy. Because of the
extensive private, local, and State government financial support that
went into the development of this program, Federal participation in
program implementation will demonstrate that the burden of ESA
compliance is not being placed exclusively on private property owners.
Program funding will also contribute to eventual species recovery.

PROGRAM FUNDING NEEDS

In order for the KCVFHCP to be implemented, the program requires
funding in the amount of $1.5 million (augments the $1.5 million in
State and Federal funding received in 1997) that could be funded in
increments over the first 2 years of the program. The purpose of this
funding is described as follows:
Oil Development Issue
A mitigation strategy has been devised that is intended to
acknowledge existing oil field activities within Kern County. The
strategy proposes to acquire 3,000 acres of endangered species habitat
to mitigate for species loss resulting from oil field development
outside of established oil field production areas, but within proximity
of those areas. This is to allow for reasonable expansion of oil field
activities over the life of the HCP program. The program strategy
allocates $3 million for acquisition and perpetual maintenance of
species reserve areas. With this type of strategy, oil field expansion
activities would be provided for in the program. This strategy would be
of great benefit to the small independent oil and gas companies within
the program area.
Urban Development/County Infrastructure Issue
The conservation program includes an Urban Development/County
Infrastructure mitigation strategy that mitigates for species habitat
loss through the use of an incentive-based system of selling or trading
habitat credits in an open market. This innovative program will add
market value to land that is needed by project proponents to comply
with endangered species laws which will encourage the owners of such
properties to offer lands for the benefit of species conservation.
Protected species of plants and animals will benefit from a program
that promotes private property owners to conserve permanent habitat
preserves consistent with the objectives of the ESA.
Water District Activity Issue
A Water District Strategy is included in the program to address
Covered Species protection due to the construction of new facilities
and the operation and maintenance of existing water management and
conveyance facilities. The Covered Species will benefit from reduced
and less intrusive operation and maintenance measures than have been
conducted historically due to concerns for conflicts with endangered
species laws.
Federal Funding Support will Augment Local Government and Private
Industry Efforts to Comply with the Endangered Species Act
The $1.5 million required for the oil field strategy would help
contribute to satisfying the program's endangered species conservation
goals, while also providing for continued economic growth of Kern
County's oil and urban development activities. Protected species would
benefit from a comprehensive long-term program that promotes the
creation of permanent habitat preserves.
Numerous private businesses, in concert with the State of
California and local government entities, are attempting to do their
part, and we come to the appropriations process to request assistance
in obtaining a fair Federal share of financial support for this
important effort. This unique cooperative partnership involving State
and local government, as well as private industry, has contributed
substantial funds to date, to assist in the development of this
program.
The California Industry and Government Coalition appreciates the
subcommittee's consideration of this request for a fiscal year 2010
appropriation to support implementation of this significant program.
______

Prepared Statement of the Keweenaw Land Trust

Madam Chairman and honorable members of the subcommittee: I thank
you for this opportunity to present testimony in support of the
acquisition of a 1,258-acre property at Prickett Lake in the Ottawa
National Forest (NF) in Michigan. An appropriation of $2.8 million from
the Land and Water Conservation Fund (LWCF) is needed for the U.S.
Forest Service (USFS) to protect this important property.
I also respectfully request a substantial increase in overall
funding for the LWCF, specifically urging the subcommittee to provide
$325 million for the Federal LWCF in the fiscal year 2010 Interior,
Environment, and Related Agencies appropriations bill. I applaud the
LWCF funding increases provided by this subcommittee in fiscal year
2009. And, we are most thankful that the Obama administration budget
recognizes the importance of these programs by proposing significant
increases for fiscal year 2010 and setting a goal to achieve full
funding of the LWCF in the next 5 years.
The LWCF is our Nation's premier program to acquire and protect
lands in national parks, national wildlife refuges, national forests,
Bureau of Land Management units, and other Federal land systems. This
program faces an extensive and growing backlog of land acquisition
needs across the Nation. Public lands provide innumerable social and
economic benefits including enhanced quality of life, healthy lifestyle
opportunities, protection of watersheds and drinking water supplies,
wildfire reduction and prevention, and expanses of habitat supporting
wildlife and fisheries and their capacity to adapt to climate change.
We urge you to renew this wise investment in America's natural heritage
and take steps to toward full and consistent funding of these vital
programs.
The Ottawa NF is located within the formerly glaciated landscape of
Michigan's Upper Peninsula, with hundreds of lakes and tributaries
across nearly 1 million acres. The forest, which is defined by Lake
Superior to the north, offers a remote sense of solitude that is unique
to the Upper Midwest. A core value of the forest is its many diverse
ecosystems, and is known in particular for hardwood forests, bountiful
streams, rivers, lakes, spectacular fall foliage, and heavy winter
snowfall. The forest offers a wide variety of outdoor recreation
opportunities and provides habitat for deer, fox, snowshoe hares, bald
eagles, loons, wolves, bears, and other wildlife.
Located within the Ontonagon Ranger District of the Ottawa NF and
within a semi-primitive motorized area, the Prickett Lake property has
been selected as the highest-ranked acquisition within the eastern
region of the USFS. Prickett Lake immediately adjoins the Sturgeon
River Gorge Wilderness, which was designated by Congress in 1987 and is
approximately 14,000 acres in size. Among its outstanding attributes,
the Wilderness includes the spectacular Sturgeon River Gorge--a
distinctive landform and unique geologic feature unlike anything else
in the United States and the deepest canyon in the State of Michigan.
Congress designated the Sturgeon River part of the national wild and
scenic river system in 1992 and it is considered a national treasure by
many. In 2008, the Ottawa NF acquired a 2,000-acre inholding of the
Sturgeon River Gorge that includes 6 miles of the Wild and Scenic River
corridor upstream of Prickett Lake.
Previously owned by the Upper Peninsula Power Company, the entire
property lies within the boundary of the Ottawa NF and surrounds
Prickett Lake, which was created as part of a hydroelectric facility on
the Sturgeon River. Upstream and downstream of Prickett Lake are
designated sections of the Wild and Scenic Sturgeon River, which flows
directly into Lake Superior. This property is located in the northeast
corner of the Ottawa NF in Baraga and Houghton Counties. The North
Country National Scenic Trail runs right through the property,
enhancing recreational access for visitors.
The wilderness on the southern edge of Prickett Lake hosts a
diverse range of wildlife habitat supporting gray wolves, Canada lynx,
ruffed grouse, bald eagles, minks, woodcocks, foxes, black bears,
white-tailed deer, and a variety of fish. Approximately half of this
tract contains wetlands or riparian areas. Prickett Lake is upstream to
one of the last remaining productive spawning areas for lake sturgeon
in the Lake Superior watershed. This area's pristine water quality
helps protect the overall health of the Sturgeon River watershed.
An immediate and short-lived opportunity exists this year to
acquire the 1,258 acre Prickett Lake property. As both the Michigan
Department of Natural Resources and the Ottawa NF have recently
acquired acreage upstream, the opportunity to add additional acreage in
the watershed via conservation of Prickett Lake represents a tremendous
opportunity to further enhance the previous conservation successes. If
the Prickett Lake property were sold for fragmented ownerships, the
Sturgeon River Gorge Wilderness would be irreparably harmed and its
wilderness character lost forever. Being entirely surrounded by USFS
lands, acquisition of the Prickett Lake Property by the Ottawa NF will
yield effective and consistent oversight and management of the larger
holding and benefit the entire Sturgeon River watershed.
An appropriation of $2.8 million from the Land and Water
Conservation Fund in fiscal year 2010 is critical and necessary for the
immediate protection of the 1,258-acre Prickett Lake property, ensuring
the integrity of the wilderness experience and the protection of a
truly superb and unique natural resource area.
Thank you, Madam Chairman, for the opportunity to present this
testimony in support of this critical forest and lake protection
project in Michigan.
______

Prepared Statement of the League of American Orchestras

The League of American Orchestras urges the subcommittee to approve
fiscal year 2010 funding for the National Endowment for the Arts (NEA)
at a level of $200 million. Congressional support for the NEA has
strengthened in recent years, evidenced by meaningful funding
increases, particularly in fiscal year 2008 when Congress approved a
$20.3 million restoration of NEA funds and in fiscal year 2009 when
Congress approved a $10.3 million increase. Still, the NEA has yet to
recover from a 40 percent budget cut in fiscal year 1996 and the
current level of funding for the NEA is still well below the 1992
appropriation of $176 million.
Founded in 1942, the League of American Orchestras is the national
service organization for symphony, chamber, youth, and collegiate
orchestras. Orchestras exist in all 50 States, in virtually every
community. We estimate that there are approximately 1,800 orchestras in
the United States, with annual budgets ranging from less than $12,000
to more than $83 million. Orchestras in this country are supported by a
network of citizens that sustain the presence of music in their
communities--instrumentalists, conductors, managers, board members,
volunteers, staff members, and business partners.
As a Nation we have long turned to the arts for their unique
capacity to offer comfort in times of distress, to provide meaning
amidst uncertainty, to spark unity during conflict, and to mark many of
our most historically significant moments. America's orchestras give
voice to the creativity of individuals, the composer, and the listener;
and they serve their communities through education, partnerships,
community engagement, and by bringing people together to share the
experience of music. Direct funding from the NEA is just one element of
Federal leadership that supports the presence of orchestras in
communities nationwide. More than 40 years of support from the NEA has
increased the capacity of orchestras to serve and strengthen
communities across our country.
A significant increase in funding will expand the NEA's ability to
serve the American public through grants supporting and promoting the
creation, preservation, and presentation of the arts in America through
the NEA's core programs--Access to Artistic Excellence, Challenge
America: Reaching Every Community, Learning in the Arts for Children
and Youth, and Federal/State partnerships--and through important
national initiatives.
In fiscal year 2009, the NEA's Grants to Organizations included 119
grants to orchestras and the communities they serve, supporting arts
education for children and adults, preserving great classical works,
fostering the creative endeavors of contemporary classical musicians,
composers, and conductors, and expanding public access to performances.
nea funding leads to increased public access to the arts
The NEA, together with the arts organizations that receive Federal
support, is committed to improving public access to the arts. NEA
grants reach every congressional district in the country. Grants
awarded to orchestras through the Access to Artistic Excellence program
support educational activities, concerts, festivals, professional
development, and residencies in communities across the country. With
Federal support, orchestras are extending the reach of their activities
beyond their home cities, bringing music to communities in surrounding
towns and regions. The Milwaukee Symphony Orchestra, Omaha Symphony,
and West Virginia Symphony Orchestra, for example, each received Access
to Artistic Excellence, Part Two grants to support statewide programs
that will allow them to reach communities across Wisconsin, Nebraska,
and West Virginia, respectively.
In addition to the Access to Artistic Excellence program, the
Challenge America: Reaching Every Community Fast-Track Review Grants
offer support to small- and mid-sized organizations for projects that
extend the reach of the arts to underserved populations. These
communities do not frequently have the opportunity to experience the
arts due to limitations of geography, ethnicity, economics, or
disability. The Richmond Philharmonic is a Challenge America grant
recipient, which received assistance to help run the ``Discover the
Orchestra'' program, featuring cellist Andre Gaskins, which targets
inner-city residents. Another Challenge America grant recipient
utilizing NEA funds to broaden access to the arts is the Williamsport
Symphony Orchestra, which produced a concert performance, master
classes for college students, a pre-concert demonstration for middle
school students, and a workshop for low-income families, all featuring
percussionist Lisa Pegher.
nea-funded arts programs nurture diversity and multicultural awareness
Americans enjoy a rich and diverse cultural heritage in the arts,
and NEA grants to orchestras allow for creative expression to overcome
cultural divides in order to help improve our ability to understand and
honor our history. The arts wonderfully showcase the diversity of our
society and provide a vehicle to engage and connect with audiences
across our country. Orchestras such as the Atlanta Symphony and Chicago
Sinfonietta dedicated tributes to Dr. Martin Luther King, Jr. with the
support of the NEA. The Atlanta Symphony Orchestra's 17th Annual ``A
King Celebration'' honored the life and work of Dr. King; in
collaboration with Morehouse College, the project includes
performances, educational outreach activities, and a national radio
broadcast. The Chicago Sinfonietta, meanwhile, offered a series of
concerts and related educational activities in honor of Dr. King. Music
programming was inspired by oceans, lakes, and rivers and one concert
reached out to the rising generation of musicians by featuring young
opera singers.
Orchestra programming increasingly reflects the cultural diversity
of cities large and small, such as the programs offered by the Los
Angeles Philharmonic, the Louisiana Philharmonic, Philadelphia
Classical Symphony, and Baltimore Symphony Orchestra in the 2009 fiscal
year. The Los Angeles Philharmonic's California Festival explores the
State of California as a national cultural nexus, for example. The
festival features orchestral, jazz, and popular music concerts and also
offered a symposium and multidisciplinary events. The Louisiana
Philharmonic Orchestra's ``Purely Percussion'' program will showcase a
wide variety of percussion instruments and include community activities
honoring Euro-Afro-Latin-Caribbean drumming traditions of New Orleans.
Meanwhile, the Philadelphia Classical Symphony's ``First
Pennsylvanians'' project is based on the culture of the Lenni-Lenape
Indians of Delaware. Composers Curt Cacioppo and Maurice Wright have
been commissioned to compose new works and participate in an artist
residency to include educational programming for school children in
Philadelphia and surrounding counties. Lastly, the Baltimore Symphony
Orchestra will use its NEA support toward producing the International
Folk Arts Project, a series of concerts with related educational
activities, featuring classical orchestral works influenced by folk and
traditional music styles.

NEA FUNDING ENCOURAGES NEW WORKS AND PROGRAMMING

NEA grants to orchestras help support the creative capacity of
America's musicians and composers. By identifying and supporting
projects that connect the arts--and artists--to their broader
communities, the NEA encourages creative collaboration and building
artistic strength. Projects supported by the NEA must demonstrate
artistic excellence and a strong capacity to reach new audiences.
Orchestras such as the Los Angeles Chamber Orchestra, Oakland East Bay
Symphony, and ProMusica Chamber Orchestra are examples of NEA-assisted
orchestras that are in turn supporting new works or performances of
works by living American composers. The Los Angeles Chamber Orchestra
utilized its NEA grant for its 40th Anniversary New Music Initiative,
which includes the commissioning and premiere of new works by three
composers: Damian Montano, Lalo Schifrin, and Christopher Theofanidis.
The Oakland East Bay Symphony, a regional orchestra dedicated to
reaching individuals in the community who might otherwise never hear
live symphonic music, received NEA funding to premiere works by
American composers Nathaniel Stookey and Nolan Gasser, as well as works
by Peteris Vasks, Giuseppe Verdi, and Jerome Kern. The ProMusica
Chamber Orchestra presents the best of traditional chamber orchestra
repertoire and promotes the understanding and appreciation of
contemporary American music. To that end, the orchestra received an NEA
grant to support the commission and performance of a new work by
American composer and violinist Mark O'Connor. His concerto for chamber
orchestra and piano trio will premiere with the renowned Ahn Trio at
Southern Theatre in Columbus, Ohio.

NEA GRANTS UNIQUELY SUPPORT CREATIVITY IN COMMUNITIES NATIONWIDE

Audiences across the country are currently experiencing an NEA-
funded project that exhibits the hallmarks of the agency: reaching new
audiences, attracting additional financial support, and providing
access to the arts to communities nationwide. The ``Ford Made in
America'' project is a collaborative commissioning, performance, and
outreach project that involves smaller-budget orchestras, including at
least one from each of the 50 States. On September 20 and 21, 2008 the
Reno Chamber Orchestra premiered Pulitzer Prize-winning composer Joseph
Schwantner's Chasing Light.; the Reno performance alone attracted
approximately 1,000 concertgoers and National Public Radio reporter
Jeff Lunden was on-hand for the concerts and prepared a feature that
was broadcast on National Public Radio's news program ``All Things
Considered.'' Over the course of the 2008-2009 and 2009-2010 seasons
more than 50 other participating orchestras will perform Chasing
Light., including the Nashua Symphony Orchestra, which received NEA
support for a statewide tour and performances of Schwantner's work in
the cities of Keene and Derry and in New Hampshire's North Country.
Education and community engagement activities are developed
specifically for this round of the Ford Made in America program, and
these activities are designed to be aligned with national music
education standards.
Thank you for this opportunity to illustrate the value of NEA
support for orchestras and communities across the Nation. The NEA's
unique ability to provide a national forum to promote excellence, both
through high standards for artistic products and the highest
expectation of accessibility, remains one of the strongest arguments
for a Federal role in support of the arts. We urge you to support
creativity and access to the arts by approving $200 million in funding
for the NEA.
______

Prepared Statement of the Lac du Flambeau Band of Lake Superior
Chippewa Indians

I am Carl Edwards, President of the Lac du Flambeau Band of Lake
Superior Chippewa Indians, located in Wisconsin. Today, I am pleased to
submit this testimony, which reflects the needs, concerns and issues of
the tribal membership for the fiscal year 2010 budget. The tribe is
optimistic that the Obama administration takes seriously the United
States' unique and binding obligations to tribes and Indian people.
While the details of the President's fiscal year 2010 budget are not
known, we are pleased with the broad outlines that have been shared
with us.
In particular, we are very supportive of the $3.9 billion for the
EPA's Clean Water and Safe Drinking Water Programs. This would provide
Indian country with $59 million, which is almost double the amount
received in fiscal year 2009. This funding is vital to improving the
most basic of infrastructure in Indian country. Another area in the
President's budget that the Band is excited about is the Great Lakes
Initiative program. As the Committee knows, the Great Lakes represent
three quarters of the world's supply of fresh water. But for us, the
indigenous people of Wisconsin, the Great Lakes represent the life
blood of our economies and our culture. The protection and preservation
of the Great Lakes is necessary to the protection and preservation of
the tribal communities that have made the Great Lakes their home since
time immemorial. We would urge, however, that Congress ensure that
tribes are fully engaged in this process and that we are full partners
in this important initiative.
Again, while the specifics of the President's budget are not known,
we must make the Committee aware of some of our most pressing needs,
which we fear will not be addressed in the President's proposal.

INDIAN SELF-DETERMINATION ACT CONTRACT SUPPORT COSTS

Inflation, Cost of Living, and Fixed Costs.--Under the Indian Self-
Determination Act, many tribes have assumed responsibility for
providing core services to their members. If these services were
provided by the Federal Government, employees would receive pay cost
increases mandated by Federal law, but Congress and Interior have
failed to fulfill their obligation to ensure that tribes have the same
resources to carry out these functions. For example, tribes received
only 75 percent of the pay cost adjustment in fiscal year 2002, 15
percent in fiscal year 2003 and 30 percent in fiscal year 2004. To make
matters worse, the BIA and IHS have steadfastly refused to provide
tribal contractors with full contract support costs, ensuring that when
tribes take over these programs, they will be placed in an untenable
position. This inequity is undermining tribal self-determination. In
fiscal year 2008 (the most recent year for which the IHS has data) the
IHS estimates that the contract support cost shortfall was $128
million. In fiscal year 2007, the BIA shortfall was $52 million.
The subcommittee also has to understand the impact of the
increasing cost of health insurance on our ability to provide services
to our tribal members. In order for us to maintain a $10/hour employee
(approximately $20,000 a year), the tribe faces an associated
healthcare benefit cost of $20,350 for a family health insurance plan.
When the tribe is forced to supplement underfunded BIA and IHS programs
in order to cover these costs, direct services to our members suffer.
We have less money available to provide counseling to students, collect
water samples, put more officers in the field, provide basic health
service, etc. Without substantial increases in this basic contract
support cost funding, the tribe will continue to decrease services to
our tribal membership because we cannot afford to absorb these costs.
We may be forced to eliminate the health insurance benefit, which will
seriously impact our ability to recruit and maintain our labor force.
Our highest priority is to keep existing programs from failing. We
ask that the subcommittee provide cost of living increases and fully
fund contract support costs.

BUREAU OF INDIAN AFFAIRS

Natural Resources and Conservation Officers.--Tribes are leaders in
natural resource protection and BIA natural resource funding is
essential to maintain our programs. Lac du Flambeau has a comprehensive
Natural Resources Department and dedicated staff with considerable
expertise in natural resource and land management. Our activities
include raising fish for stocking, conservation law enforcement,
collecting data on water and air quality, developing well head
protection plans, conducting wildlife surveys and administering timber
stand improvement projects on our 86,000-acre reservation.
Unfortunately, natural resource programs have been cut or flat-funded
for many years now, and tribes have been forced to lay off staff and
shut down programs, leaving critical resources in jeopardy.
One of the critical elements of our Natural Resource program is our
Conservation Law Enforcement Officers. These officers are primarily
responsible for enforcing hunting and fishing regulations related to
the exercise of treaty rights, but they also have a much larger role in
law enforcement. They are often the first to respond to emergency
situations, and are the first line of defense for any meth labs found
on or near the reservation. Our Conservation Officers are now 100
percent dependent on tribal funds. This costs the tribe $343,000
annually, in addition to the $893,000 the tribe pays for its
nonconservation law enforcement programs. The BIA does not provide any
resources for this activity, which is critical to maintaining and
protecting our treaty rights. Thus, we appreciate the increase provided
for law enforcement in fiscal year 2009 and the anticipated requested
increase in fiscal year 2010, but we ask that the subcommittee direct a
portion of any increases in law enforcement funding to conservation
officers, so that more communities can enjoy the benefit of this
funding.
Forestry.--The Band requests that the subcommittee increase funding
for the BIA Forestry Department. The reservation contains 46,000 acres
of forested land that supports hunting, gathering and employment
opportunities for tribal members. Proper management of the forest is
essential not only to sustain our subsistence lifestyle, but also to
provide economic growth for the Band. Two foresters and one technician
undertake a broad range of management activities, including tree
planting, prescribed burning, forest road design and maintenance, and
timber sale establishment and administration. The total cost of
operating the forestry program is approximately $217,000. In the last
several years the level of funding from the BIA has been less than half
of this. Significantly, the program has not received a substantial
funding increase since 1991. The additional funding is necessary to
maintain forest development, timber sale management and wildfire
control activities. Proper forest management is even more important now
to maintain and develop this vital component of our tribal economies.
Wetlands Waterfowl/Circle of Flight Funding.--We urge Congress to
restore $600,000 to continue funding for the BIA Wetlands Waterfowl
Program (Circle of Flight). Circle of Flight provides critical
resources necessary to restore and preserve wetlands and waterfowl
populations, which are vital to the culture and economy of the Great
Lakes region.
Great Lakes Indian Fish and Wildlife Commission.--Related to the
tribe's natural resource needs, we would like to voice our continuing
support for the Great Lakes Indian Fish and Wildlife Commission. The
tribe is a member of the Commission, which assists the tribe in
protecting and implementing its treaty-guaranteed hunting, fishing, and
gathering rights.

IHS PROGRAMS

Contract Health.--A perennial need remains in contract healthcare
funding. Federal funding for health services has fallen dramatically
behind the rising cost of healthcare over the past 5 years. We
anticipate the fiscal year 2009 shortfall to be in excess of $3
million. A much more substantial increase is needed to address the need
across Indian county. We urge the subcommittee to significantly
increase funding for contract health services, and not to limit this
increase to emergency CHEF funding, which can be difficult for tribes
to access.
Medical Technology and Telemedicine Initiative.--We are encouraged
by Congress's commitment to fund medical technology and telemedicine
improvements in the IHS. However, we are concerned that the resources
will not reach tribes, who provide more than 84 percent of the
healthcare in Indian country. We would urge the Committee to direct IHS
to make a proportional share of this funding available to tribal
healthcare providers. Unless this happens, we fear that the resources
will be consumed by IHS either at headquarters or only at direct
service locations and tribal providers will not benefit from this
initiative.

NATIONAL PARK SERVICE PROGRAMS

Historic Preservation.--In 1995, Congress began encouraging tribes
to assume historic preservation responsibilities as part of self-
determination. There are currently 76 tribes in the United States--8 in
Wisconsin--approved by the Secretary to administer historic
preservation programs. These programs conserve fragile places, objects,
and traditions crucial to tribal culture, history, and sovereignty. As
was envisioned by Congress, more tribes qualify for funding every year.
In fiscal year 2001, there were 27 Tribal Historic Preservation
Officers (THPOs) with an average award of $154,000; now there are 76
THPOs, and Lac du Flambeau only receives approximately $50,374.
Paradoxically, the more successful the program becomes overall, the
less each tribe receives to maintain professional services, ultimately
crippling the programs. We ask that $13 million be provided for THPOs,
which would provide a modest base funding amount of $170,000 per THPO
program.
______

Prepared Statement of the Lummi Indian Business Council

Good morning to the distinguished subcommittee members, thank you
for this opportunity, I am honored to represent before you the
appropriations requests of the Lummi Nation for the fiscal year 2010
Department of the Interior (DOI) in the Bureau of Indian Affairs (BIA),
U.S. Fish and Wildlife Service (FWS), and the Indian Health Service
(IHS).
The Lummi Nation Specific Requests
BIA/FWS
+$7.2 million.--Fisherman disaster assistance funding; +$11.64
million.--Salmon/shellfish hatchery (skookum, Lummi Bay, sea ponds);
+$300,000.--Administrative streamlining project (education);
+$500,000.--Tribal community safety center; and +$7 million.--Slater
elevated road project.
IHS
+$2.3 million.--Lummi Nation dental facility/staffing/equipment;
and +Contract Health Costs.--Request for weighted contract health funds
allocation formula.
National Requests and Recommendations
BIA
Increase Johnson O'Malley funds ($21.4 million) and Housing
Improvement Funds ($13.6 million) to tribal base programs; Provide $50
million general increase to BIA Tribal Priority Allocation (TPA) for
inflationary and fixed costs; increase law enforcement program by 10
percent for Indian programs in BIA's budget for law enforcement program
and activities; and $25 million for tribal courts program; andProvide
$45 million increase for BIA Contract Support Cost (CSC), including
direct CSC.
$500,000 for BIA data management funding of Office of Program Data
Quality.
IHS
Provide $486 million for IHS mandatory, inflation, and population
growth increase to maintain existing healthcare services (President's
budget proposes a cut of $21.3 million); $152 million increase for
Contract Health Services (CHS); and a $160 million increase for IHS to
fully fund CSC, including direct CSC (recent increases have been
dedicated for new and expended Public Law 93-638 programs).
Regional Requests and Recommendations.--Support all requests and
recommendations of affiliated tribes of Northwest Indians Northwest
Portland Area Indian Health Board and Northwest Indian Fisheries
Commission and Pacific Salmon Commission.

LUMMI NATION--BACKGROUND INFORMATION

The Lummi Nation, is located on the northern coast of Washington
State, and is the third largest tribe in Washington State serving a
population of more than 5,200. The Lummi Nation is a fishing nation. We
have drawn our physical and spiritual sustenance from the marine
tidelands and waters for hundreds of thousands of years. Now the
abundance of wild salmon is gone. The remaining salmon stocks do not
support commercial fisheries. Our fishers are trying to survive from
shellfish products. In 1999, we had 700 licensed fishers who supported
nearly 3,000 tribal members. Today, we have about 523 remaining. This
means that more than 200 small businesses in our community have gone
bankrupt in the past 9 years. This is the inescapable reality of the
Lummi Nation fishers face without salmon. We were the last hunter/
gatherer society surviving within the contiguous United States. We can
no longer survive as hunter/gatherers.
Our people have diseases that were unknown to us at the beginning
of the 20th century. Our people are seeking a return to health and to
practice our traditional healthy lifestyles. Our families are
struggling to hold traditional values against the onslaught of poverty,
drug abuse, and mental and physical illness. Domestic violence among
our people is three times the rate experienced by our non-Indian
neighbors. Our children and elders go without the food clothing,
shelter and community support that is due to them.
Our people have problems and needs but we also have solutions.
Today I am presenting a coordinated set of proposals to address the
prolonged economic and cultural disaster impacting our people through
the loss of our sockeye salmon; starting more than 10 years ago, in
1999.

FISHERMAN DISASTER ASSISTANCE NEEDS

In 2008, the Department of Commerce reissued the disaster
declaration (see also--Congressional Research Services--CRS Report to
Congress, Commercial Fishery Disaster Assistance, (RL-34209) May 2,
2008)), and we now seek ways to turn this scenario around to have a
more positive outcome.
Our strategy is to consolidate our native and scientific knowledge
of fish biology, behavior, and management into the Northwest Indian
Marine Education and Research Center for Excellence. Collecting our
professionals and traditional practitioners and field workers into a
team to plan, design, finance, construct, and operate hatcheries. The
same group would instruct and train hatchery workers needed by theses
facilities, through Northwest Indian College. Hatcheries are the only
way to ensure salmon populations large enough to support our families
and our way of life.
Our goal is to increase fish returns by improving hatchery
production. This creates a reliable backup resource to salmon fishers
by increasing other salmon stocks. Additionally, we seek to raise the
value of these harvests through advanced marketing, the introduction of
a fishermen's co-operative, and grow out operations for shellfish
products.

LUMMI NATION SPECIFIC REQUESTS--BIA

--+$7,200,000.--Fisherman Disaster Assistance funding (Eight
Northwest Tribes).--$7,200,000 to BIA--Welfare Assistance
Program (WAP) to support the west coast fisherman disaster
declaration.
Lummi Nation is requesting funding to support emergency relief
services for our fishers. This assistance is needed to help fishers
make the transition from sockeye salmon to other salmon species and
other commercial fishery resources. Lummi Nation is requesting the
subcommittee provide the BIA WAP an additional $7.2 million to address
the Lummi Nation fishers and west coast fisherman impacted by economic
fisheries disaster.
--+$11,650,000.--Salmon/shellfish hatchery (Skookum, Lummi Bay, Sea
Ponds).--To DOI, FWS hatchery operations program.
The Lummi Nation currently operates three salmon hatcheries and one
shellfish hatchery that support tribal and other fisheries in the
region. The tribal hatchery facilities were originally constructed in
the early 1970s. Predictably some of the original infrastructure needs
to be repaired or replaced as it approaches the end of its useful life.
Other infrastructure needs to be developed or modified to ensure
compliance with the Clean Water Act and/or the Endangered Species Act.
Lummi Nation fish biologists estimate that these facilities are now
operating at 40 percent of their productive capacity.
--+$2,200,000--Lummi Skookum Hatchery--Salmon
$720,000--Hatchery Intake.--South Fork Nooksack Chinook recovery
program; replace intake system that has high operations and
maintenance and often fails.
$625,000--Large Pond Improvement.--Increase annual production
capacity.
$855,000--New Raceways.--Replace originally constructed
infrastructure that is deteriorating and falling apart.
--+$5,370,000--Lummi Bay Hatchery
$5,370,000--Nooksack River Pump Station.--This will increase the
production capacity of Lummi Bay hatchery by improving
water pumping capacity and resource.
--+$570,000--Lummi Shellfish Hatchery.--Multiple operation and
maintenance issues for increasing production capacity in areas
of feed, building insulation, heating and cooling systems,
increase grow out tank space, results in increased seed
production.
--+$3,510,000--Lummi Pond Tide Gates Improvements.--This project
rehabilitates current shellfish hatchery to optimize production
capabilities. Increased shellfish seed production increases
enhancement activities on Lummi tidelands to create jobs for
tribal shellfish harvesters and increase sales to the west
coast shellfish industry to create jobs for growers and
businesses.
--+$300,000. Education--Lummi Nation Education Future Project.--For
the Bureau's School Operation Program fund.
The Lummi Nation is no longer willing to bear the combined burden
of five different administrative oversight structures of its education
programs, services, functions and activities. This oversight burden
includes the Bureau Office of Indian Education Programs, the Department
of Education, and the State of Washington Office of the Superintendent
of Public Instruction, the Ferndale School District, and the Lummi
Nation administrative oversight structures. The weight of this combined
oversight literally crowds out the only legitimate concern for school
operations and maintenance, student learning successes. To address the
need to streamline the administrative process, while still providing
appropriate oversight, the Lummi Nation is requesting funding
($300,000) for a demonstration project; to allow it and other tribal
governments facing similar situations to develop a plan to streamline
the administrative process pursuant to the proposed amendment to title
IV of the Indian Self-Determination Education Assistance Act (Public
Law 93-638 as amended).
--+$500,000.--Northwest Tribal Detention Facility Project.--Through
the BIA Detention Center Maintenance and Construction Program.
The Lummi Nation has been able to organize eight federally
recognized tribal governments to support the development and operation
of a Community Public Safety Center, which would serve as a regional
alternative jail. The facility would feature a variety of incarceration
services from the least restrictive forms of community-based services
through limited maximum-security incarceration services.

PLANNING/TRANSPORTATION--BRIDGE PROJECT

--+$7 million--Slater Elevated Road Project Funding Increase.--(Joint
Inter-local Agreement) through the Bureaus Indian Reservation
Roads Program
Project Description.--The Lummi Nation is partnering with the
Federal Emergency Management Agency and Whatcom County to elevate the
eastern approach to the Slater Road Bridge over the Nooksack River.
This section of Slater Road is frequently flooded by Silver Creek,
which runs parallel to the Nooksack River. The project is an extension
of the Slater Road Bridge over Sliver Creek, which is a salmon spawning
stream.
Need for the Project.--When this section of Slater Road is flooded,
access to the Lummi Reservation, Lummi Island, the Cherry Point heavy
impact industrial zone, and the City of Ferndale are severely limited.
Most years these limitations last for days at a time. The impact
threatens public health and safety and has substantial negative
economic impacts for the retail, commercial, and manufacturing
businesses in the area.
Project Funding.--The FEMA provided a $3 million grant for the
project through the Pre-Disaster Mitigation Program (the maximum grant
allowable) and Whatcom County has committed $3.66 million to the
project based on initial project cost estimates. The design for the
project is completed but, due to increase material costs, the
engineer's cost estimate based on the 100 percent design is
approximately $7 million greater than the available budget. Value
engineering efforts did not substantially lower the costs and would
have a greater environmental impact.

LUMMI NATION SPECIFIC REQUESTS--IHS

Request for Contract Health Funds Allocation Formula Methodology
The Lummi Nation is requesting that the subcommittee direct the IHS
to develop an allocation plan for contract healthcare funds that
recognizes that tribes who are not served by an IHS hospital incur
greater contract health costs than those tribes who are provided
services by such a facility.
--+$2,300,000--Lummi Nation Dental Facility/Staffing/Equipment
Increase.--Through the IHS small ambulatory expansion of health
clinics program.
LIBC received partial funding for this construction project and is
requesting full project funding and the inclusion of staffing and
equipment costs.
--+$1,100,000--Facility.--This funding is needed to all the Lummi
Nation to return to its original plan approved by the IHS and
the Lummi Nation. Lummi Nation funding the was allocated for
this project is no longer available due to the current
national.
--+$1,200,000.--Lummi Nation needs additional equipment (eight dental
chairs at $100,000 each) and staffing to support operations.
(four dentists at the rate of $100,000 annually each).
______

Prepared Statement of the Leech Lake Area Watershed Foundation

Madam Chairman and honorable members of the subcommittee: I want to
thank you for this opportunity to present testimony in support of the
acquisition of two properties in the national forests of Minnesota. An
appropriation of $3.1 million from the Land and Water Conservation Fund
(LWCF) is needed for the Forest Service (USFS) to acquire the 60-acre
Wolf Island tract in the Superior National Forest and the 36-acre Stony
Point property in the Chippewa National Forest.
I also respectfully request a substantial increase in overall
funding for the LWCF, specifically urging the subcommittee to provide
$325 million for the Federal LWCF in the fiscal year 2010 Interior,
Environment, and Related Agencies appropriations bill. I applaud the
LWCF funding increases provided by this subcommittee in fiscal year
2009, including $1 million provided for the Superior National Forest
(SNF) in fiscal year 2009. And, we are most thankful that the Obama
administration budget recognizes the importance of these programs by
proposing significant increases for fiscal year 2010 and setting a goal
to achieve full funding of the LWCF in the next 5 years.
The LWCF is our Nation's premier program to acquire and protect
lands in national parks, national wildlife refuges, national forests,
Bureau of Land Management units and other Federal land systems. This
program faces an extensive and growing backlog of land acquisition
needs across the Nation. Public lands provide innumerable social and
economic benefits including a healthy lifestyle, protection of
watersheds and drinking water supplies, wildfire reduction and
prevention, and assistance to wildlife and fisheries as they adapt to
climate change. We urge you to renew this wise investment in America's
natural heritage and take steps to toward full and consistent funding
of these vital programs.
The Minnesota wilderness land acquisition program includes the
Superior and Chippewa national forests in Minnesota. Located in the
northeasternmost tip of Minnesota, the SNF spans 150 miles along the
United States-Canadian border and is one of the wettest, wildest
forests in the entire National Forest System. The deep pine woods of
the Superior play host to a landscape of lakes, bogs, and rocky
outcrops that are remnants of the glacial period and create the only
thriving boreal or northern forest in the continental United States.
More than 10 percent of the forest consists of surface water, and
another 1,300 miles of cold-water streams and 950 miles of warm-water
streams flow within the forest's boundaries.
Visitors to the SNF are attracted by its abundance of outdoor
recreational opportunities. For wilderness devotees, there are few
areas in the United States that can rival the solitude and timelessness
of the Boundary Waters Canoe Area Wilderness (BWCAW), a maze of lakes,
rivers, and rocks at the northern edge of the SNF, offering 12,000
miles of canoe trails. Here and elsewhere in the forest, outdoor
enthusiasts can enjoy camping, biking, canoeing, fishing, hiking,
cross-country skiing, snowmobiling, and dog sledding. The deep foliage
and plentiful water also attract a wide variety of wildlife, including
bald eagle, common loon, moose, timber wolf, black bear, lynx, and
migratory birds. The BWCAW draws more than 200,000 campers and
canoeists annually, following in the wake of Native Americans and the
voyageurs, those French-Canadian fur traders who canoed these waters
200 years ago.
The Chippewa National Forest is located in the heart of northern
Minnesota and within the Leech Lake watershed in the Upper Mississippi
River Basin. Within the forest, elements of these two ecosystems are
found side by side: red oak next to white pine, wild ginger alongside
wild rice, and Canada lynx habitat abutting sandhill crane territory.
The Chippewa NF shares borders with the Leech Lake Band of Ojibwe. More
than 400,000 acres of the Chippewa NF are actually lakes and wetlands.
The Chippewa contains two of Minnesota's five largest lakes, and eight
different types of wetlands each with distinct plant and animal life.
Sixty-seven of the 314 wildlife species that make their home on the
Chippewa NF are dependent on lakes and wetlands. More that 230 species
use wetlands and only 20 percent of Minnesota's original wetland remain
today. The first national forest west of the Mississippi River, the
Chippewa NF is one of the few areas with wetlands essentially unchanged
since settlement. This area is unique in that it contains some 40 wild
rice-producing lakes.
Through USFS's Minnesota wilderness acquisition program, two
properties are available for acquisition in fiscal year 2010 in the
Superior and Chippewa NFs.

WOLF ISLAND

The 60-acre Wolf Island property in the SNF is located in Lake
Vermilion and is a high priority for protection this year by USFS.
Twenty-four miles long, Lake Vermilion is one of Minnesota's largest
vacation destination lakes. It is home to healthy population of
walleye, northern pike, muskie, bass, and bluegill populations, and was
once named by National Geographic as one of the Nation's 10 most scenic
lakes. Wolf Island's location affords scenic and beautiful views of the
beloved lake as well as the national forest. Its 60 acres are mostly
high, rolling land that is densely forested with mature aspen, pine,
and maple. Its rich history is well documented by John Jaeger, a
prominent Minneapolis architect, who homesteaded the island after first
visiting in 1906. Jaeger's drawings identified cultural resources,
including burial mounds and a canoe-building workshop plaza.
Wolf Island is at risk of being lost to development. In order to
ensure the protection of the island and access to quality resources in
areas of second-home development pressure, The Trust for Public Land
stepped in at the request of USFS to secure the island in March 2007.
The acquisition of the island by SNF will bring into public ownership
an outstanding scenic resource and access for paddlers, boaters, and
other recreational users who follow in the footprints of both Native
Americans and voyageurs of years gone by.

STONY POINT

The 36-acre Stony Point property is located on Leech Lake in the
Chippewa NF. Home to thousands of acres of waterfowl and other
wildlife, Leech Lake has one of the largest nesting populations of bald
eagles in the lower 48 States--almost 200 pairs. The Stony Point bald
eagle nesting site contains one-half mile of Leech Lake frontage. The
pristine parcel is completely surrounded by national forest ownership.
Acquisition by the Chippewa NF would eliminate the need for road access
that would otherwise lose more than one-half mile of undisturbed
wetlands. It is currently owned by a developer who intends to develop
the property into several homesites. This property is a prominent point
on the shores of Leech Lake.
Public acquisition of the Stony Point and Wolf Island properties
will ensure that the attributes of the northwoods region so treasured
by its many visitors--the solitary sound of the common loon, the
serenity of an evening paddle, the call of the wild--will be protected
in perpetuity. An appropriation of $3.1 million from the LWCF in fiscal
year 2010 will secure the public acquisition of Wolf Island and the
Stony Point properties to maintain key access for thousands of visitors
each month to the waterways of the BWCAW and to protect critical
natural resources for the public.
Thank you, Madam Chairman, for the opportunity to present this
testimony in support of these critical forest and lake protection
projects in Minnesota. Our organization, the Leech Lake Watershed
Foundation works closely with USFS, State and local government, and
other nonprofit partners to insure the protection of vital natural
resources within the 855,000-area Leech Lake watershed. Acquisition of
key parcels, such as Stony Point and Wolf Island, are a critical tool
to insure that future generations can continue to enjoy these valued
resources.
______

Prepared Statement of the Little River Band of Ottawa Indians

My name is Larry Romanelli. I am the elected Ogema of the Little
River Band of Ottawa Indians. On September 21, 1994, Public Law 103-324
(108 Stat 2156) was enacted, reaffirming our Federal recognition. When
we were recognized our citizen rolls were approximately 500 persons.
Since reaffirmation, our rolls have grown to more than 4,000 persons.
Our tribe administers a clinic that includes a family physician, a
registered nurse, and a laboratory. We also have community health
resource staffs, nurses, and diabetic specialists who make home visits
across a nine-county area. We provide out-patient substance abuse
treatment services, as well as prevention initiatives, along with
additional mental health services. And, for care that goes beyond our
provider capacity, we administer an elaborate contract healthcare
program under which we collaborate with local private providers. In
these programs alone, we employ 38 people from several disciplines. In
addition, we also maintain an environmental health program and a range
of other services.
Recently our tribe proudly signed a new agreement with the Indian
Health Service (IHS) under title V of the Indian Self-Determination
Act. This new agreement moves us further along in our quest for greater
self-determination and self-governance, by acknowledging our
significantly enhanced independence in the manner in which our tribe
provides healthcare for our people.
IHS has not honored its bargain with us. Specifically, it has
failed to pay us the contract support costs that IHS, itself,
calculates that we have been owed.
In its 2007 shortfall report, the IHS admits that it underpaid us
by nearly $70,000, an amount that has only increased in the 2 years
since.
For us, $70,000 is a whole nursing position, or an additional
substance abuse counselor in our understaffed behavioral health
department. Or, it could be used to buy a year's worth of vaccine and
medical supplies necessary to operate our clinic.
IHS provides only $1.4 million for our program services. Delivering
the services we currently offer (exclusive of environmental health)
actually cost the tribe more than $4.2 million in 2007. I cannot think
of a single contractor we work with that would provide service to us
for one-third of the actual costs to do the work. The commitment of the
United States to provide healthcare for American Indians is not being
met.
But there is yet more. The Bureau of Indian Affairs (BIA) shortfall
report for 2007 shows that the BIA failed to pay $220,000 in contract
support costs. Our total BIA contract is only $2.3 million, supporting
several Tribal functions including public safety, family services,
education, governance, and natural resources. $220,000 would enable us
to expand education and training programs to prepare our students for
the types of jobs that are currently in demand and will be on the
cutting edge of the Nation's future. We could expand our economic
development through diversification of enterprise ventures that could
meet the needs of the current economic recovery. In short, $220,000
would provide the people of my Nation economic stability and employment
security in a populace that critically needs help to attain the
standard of living most of America enjoys.
These are some of the reasons why I asked to be permitted to
testify today.
We understand that economic times are tough for everyone. We,
ourselves, have just cut back our employee hours from a 40-hour week to
a 32-hour week. We all have to pull together.
So, I come here today to ask that Congress direct the IHS and the
BIA to finally honor their contracts with our tribe, and their
contracts with all other tribes, by fully paying the contract support
costs to which we are entitled, and by adding the necessary
appropriations to finally get these sums paid.
Second, I am also here today to ask that Congress address the
severe funding disparities that continue to leave tribes in our IHS
Bemidji Area severely underfunded relative to other areas.
--The Bemidji Area has the lowest life expectancy of all IHS areas.
The Bemidji Area life expectancy (male and female combined) is
65.3 years of age; all IHS is 70.6; all United States is 76.5.
--The Bemidji Area leads all IHS Areas in the cancer rates at 225/
100,000; all IHS is 124/100,000; and all United States is
125.6/100,000.
--The Bemidji Area leads Indian country in nearly every significant
statistic except the level of funding to address our issues;
there, we receive 37 percent Level of Need Formula (LNF).
It is time to create a fund to address the severe disparity that
exists between the IHS areas. Such a fund would restore equity among
the tribes.
Perhaps it is also time to evaluate the level of per capita
expenditures for Contract Health Services Area to area, and dedicate
more funding to raise the LNF of those Areas less likely to have access
to large, directly served IHS facilities that provide direct healthcare
services.
A study conducted by the California Rural Indian Health Board,
published in ``Medical Science'' (a peer review journal), found that
``for every 10 points improvement in IHS funding, there was a 12
percent decrease in ambulatory care preventable hospitalizations.''
Thank you for the opportunity to testify today on these critical
issues.
______

Prepared Statement of the Marine Conservation Biology Institute,

The Marine Conservation Biology Institute (MBCI) based in Bellevue,
Washington, is a national, nonprofit environmental organization whose
mission is to advance the science of marine conservation biology and
secure protection for ocean ecosystems. We support national wildlife
refuge programs that focus on protecting and restoring marine
ecosystems, habitats, and species. I wish to thank the members of the
Subcommittee on the Interior, Environment, and Related Agencies for the
opportunity to submit written testimony on the fiscal year 2010 budget
regarding the newly established marine monuments within the Fish and
Wildlife Service's (FWS) National Wildlife Refuge System (NWRS). MCBI
recommends a funding level of $16,869,000 to support the new marine
monuments.
In January 2009, President Obama established three marine national
monuments in the Pacific Ocean. The new monuments include eight
distinct coral islands areas and their surrounding waters, the Mariana
Trench and 21 isolated undersea volcanoes. Many of the islands
protected already were part of the NWRS, however declaration of the
monument increased the size of these refuges by adding surrounding
ocean waters. The three new areas have been named Marianas Marine
National Monument, Pacific Remote Islands National Monument, and Rose
Atoll National Monument. In total, approximately 192,000 square miles
was protected, an area larger than California.

PACIFIC REMOTE ISLANDS MARINE NATIONAL MONUMENT

These areas are some of the last remaining, relatively intact coral
reef and pelagic ecosystems in the Pacific. Any one of these islands
contains nearly four times as many shallow water, reef-building coral
species as the entire Florida Keys. The monument includes habitat for
an estimated 14 million seabirds. The islands also provide habitat for
many rare, threatened or endangered species such as leatherback,
loggerhead, and green sea turtles, humphead wrasse, bumphead
parrotfish, and the globally depleted giant clam. An estimated 200
seamounts, most of which have yet to be identified or explored, are
predicted to exist in the pelagic zone within 200 nm of this monument.
The terrestrial areas, reefs and surrounding waters out to 12
nautical miles (nm) of Howland, Baker, Jarvis Islands, Palmyra Atoll,
and Kingman Reef are part of the U.S. Fish and Wildlife Service
National Wildlife Refuge System. The land areas at Johnston and Wake
Atolls remain under the Department of Defense's authority, but the
waters out to 12 nautical miles are considered units of the NWRS.

ROSE ATOLL MARINE NATIONAL MONUMENT

Rose Atoll, the smallest atoll in the world, is the easternmost
Samoan island and the southernmost point of the United States. Rose
Atoll is home to a very diverse assemblage of terrestrial and marine
species, many of which are threatened or endangered. Rose Atoll
supports 97 percent of the seabird population of American Samoa,
including 12 federally protected migratory seabirds and 5 species of
federally protected shorebirds. Rose Atoll is the largest nesting
ground in the Samoan Islands for threatened green sea turtles, and is
an important nesting ground for the endangered hawksbill turtle. Rose
also provides sanctuary for the giant clam, which is severely depleted
throughout the Pacific. Management responsibility was assigned to the
Secretary of the Interior, in consultation with the Secretary of
Commerce.

MARIANAS TRENCH MARINE NATIONAL MONUMENT

The Marianas Trench Marine National Monument consists of three
units which include the Volcanic Unit, the submerged lands within 1 nm
of 21 volcanic sites; the Islands Unit, the submerged lands and waters
of the three northernmost Mariana Islands; and the Trench Unit, the
submerged lands extending from the northern limit of the Exclusive
Economic Zone of the United States in the Commonwealth of the Northern
Mariana Islands to the southern limit of the Exclusive Economic Zone of
the United States in Guam.
The establishment of this monument protects areas of biological,
historical, and scientific significance. The volcanic sites support
unusual life forms in boiling and highly acidic water conditions. The
island unit is home to highly diverse and unique coral reef systems
with more than 300 species of stony coral species, which is a greater
diversity than any other United States reef. The island unit also has
an astonishingly high population of apex predators. The Mariana Trench
itself is the deepest ocean area on Earth, deeper than the height of
Mount Everest.
The management responsibility for the Marianas Trench Marine
National Monument is assigned to the Secretary of the Interior, in
consultation with the Secretary of Commerce. The Mariana Trench and
Volcanic Units have been placed within the Fish and Wildlife Service
National Marine Refuge System.

MARINE NATIONAL MONUMENT MANAGEMENT IMPLEMENTATION

It is imperative that the Secretary of the Interior establish
appropriate management measures to adequately protect the land,
surrounding water and seafloor of these critical and pristine marine
monuments. In particular, the FWS must have adequate funds to develop
management plans for each monument with proper management personnel
with the intent to effectively protect these areas by conserving these
pristine habitats, developing plans to restore damaged reefs and lands,
and consult with NOAA to provide proper surveillance and enforcement
actions.
Restoration action is desirable at most of the islands, including
restoring natural water flows, removing discarded equipment and
structures, and dealing with waste disposal sites. In addition, human
exploration and occupation brought many invasive species to the
islands, including various plants, insects, and cats, which should be
removed. Such removals of invasive species have promoted the healthy
increase of bird populations and the restoration of nearly extirpated
species, like black-footed and Laysan albatrosses.
Additionally, two sunken fishing vessels are causing habitat damage
in the Pacific Remote Islands Marine National Monument. In 1991, a 121-
foot Taiwanese fishing boat sank on Palmyra Atoll, and an abandoned 85-
foot fishing vessel was discovered on Kingman Reef in August 2007. The
two islands are some the world's last relatively pristine reefs. The
Palmyra wreck sits directly on the reef and continues to damage the
ecosystem by accelerating the rapid growth of an invasive corallimorph
that smothers the reef ecosystem. Since abandonment, there have been
recorded sightings of continued fuel leakage. Nutrient increases from
this fuel and corroding metal from the ship is causing devastation to
the nearby reef. In response to this increase in nutrients, the
corallimorph Rhodactis howesii has experienced explosive growth,
quickly outcompeting other organisms (including corals) and covering
and smothering the substrate surrounding the vessel. After the covered
coral dies, the infested area is difficult to recolonize by corals.
According to the report by Thierry Work (USGS) and Greta Abey
(University of Hawaii), greater than 100 million corallimorph
individuals cover greater than 1 square kilometer (247 acres) of the
bottom. The corallimorphs radiate from the ship wreck and were not
observed in other parts of the reef, indicating a direct correlation
between the corallimorph and the wrecked vessel. To avoid further
damage to the reef, the ship needs to be removed by the Federal
Government immediately.
The Kingman Reef wreck also is showing early signs of the invasive
corallimorph, and an elevated growth of blue-green algae, which in time
can cause algal blooms that block sunlight to the reef below. The
ship's grounding caused initial gouging of the surrounding reefs and
has since continued to cause physical and ecological damage in the form
of wave disturbance and cyanobacteria outbreaks. Cyanobacteria, more
commonly called blue-green algae, become very abundant when stimulated
by increases in limiting nutrients, such as iron from corroding steel
and hydrocarbons found in fuel, both of which are supplied by the
grounded vessel at Kingman. Cyanobacteria are present on nearly 10
percent of the metal debris (metallic engine parts, piping, cookware,
etc.) within 200 meters of the ship. As the ship continues to break
apart, more steel will be scattered over the reef crest encouraging
expanded cyanobacteria growth. If this growth continues unabated, it is
expected to spread toward the north facing shoreline where fragile
coral gardens are located. The growth of cyanobacteria will block
needed sunlight to the reef below, as well as smother the coral. There
is also concern about accelerated growth of the corallimorph Rhodactis
howesii, which is also present within 200 meters of the shipwreck. The
corallimorph has caused significant damage at Palmyra Atoll, where its
growth was stimulated by another wrecked vessel. Rapid growth of
Rhodactis howesii can quickly outcompete other organisms and kill
corals.

APPROPRIATION NEEDS

Papahanaumokuakea National Marine Monument, established in 2006,
received approximately $8 million its first fiscal year. These monies
went to cover basic start-up needs, such as administration and
management of the new monument and preparation of management plans. The
three new national marine monuments have similar needs, as well as the
urgent restoration project of the two sunken vessels. MCBI recommends
the following appropriations for the marine monuments within the Fish
and Wildlife Service:

------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
A manager for each new marine monument: These managers $396,000
will be responsible for working with the territorial
governments in the Rose Atoll and Marianas Trench
Monument, coordinate the mandated management plans,
etc. ($121,000 each)...................................
Public Planning Position.--This individual would help 132,000
prepare management plans, work on logistics of public
meetings, coordinate with the managers in each
monument, address agency comments, synthesize public
comments, and ensure all Federal regulations for
monument management are met, etc.......................
Monument Administration.--This allocation would be used 141,000
for office space costs, vehicle needs, meeting space,
office supplies, travel expenses, and development of
monument management plan, etc. for all three monuments.
Vessel Purchase.--The Office of Naval Research (ONR) and \1\ 5,000,000
the FWS are in final discussions concerning refitting
of one of the ONR retired vessels. It will cost FWS $5
million to outfit this vessel for use to transport
personnel and material (building materials, bulk
material, fuel, etc.), maintenance, research and
conservation projects, for all Pacific national marine
monuments. These changes include adding cabins,
increasing fuel capacity, adding a crane for debris
removal and other maintenance).........................
Ship Operating Needs.--The annual operating funds for 1,600,000
the ship will include six crew members at about 100,000
each and $1 million for fuel and maintenance expenses..
Ship Removal.--The grounded fishing vessels found in the \1\ 9,600,000
new monument at Kingman Reef and Palmyra Atoll require
immediate removal for their contribution to habitat
loss...................................................
---------------
Total............................................. 16,869,000
------------------------------------------------------------------------
\1\ One-time fee.

In summary, MCBI respectfully requests that the subcommittee
augment funding for the national wildlife refuge system's national
marine monuments by $16.9 million in fiscal year 2010.
Thank you for the opportunity to share our views.
______

Prepared Statement of the National Association of Clean Air Agencies

The National Association of Clean Air Agencies (NACAA),
representing the State and local air quality agencies in 53 States and
territories and more than 165 metropolitan areas across the country,
appreciates this opportunity to provide testimony on the fiscal year
2010 budget for the United States Environmental Protection Agency
(EPA), particularly Federal grants for State and local air pollution
control agencies under sections 103 and 105 of the Clean Air Act, which
are part of the State and Tribal Assistance Grant (STAG) program. The
President's fiscal year 2010 budget request calls for $226.6 million in
grants to State and local air quality agencies. While we appreciate
that this reflects a slight increase over fiscal year 2009, it is
unfortunately far short of the amount needed. NACAA recommends that
grants within the STAG program for State and local air pollution
control agencies under sections 103 and 105 of the Clean Air Act be
$270 million in fiscal year 2010, which is $43.4 million more than the
President's request ($46 million more than the fiscal year 2009
appropriation). Additionally, NACAA requests that grants for the
particulate matter and lead monitoring programs not be shifted from
section 103 authority to section 105 authority.

WHY IS CLEAN AIR IMPORTANT?

Air pollution is a significant public health concern. Every year
tens of thousands of people die prematurely as a result of breathing
polluted air. Millions more are exposed to unhealthful levels of air
contaminants, resulting in many other health problems, such as
aggravation of existing respiratory and cardiovascular disease, damage
to lung tissue, impaired breathing, irregular heartbeat, heart attacks,
and lung cancer. In spite of the best efforts of Federal, State, and
local authorities, according to EPA's own estimates, more than 150
million people live in areas that violate at least 1 of the 6 health-
based ``criteria pollutants.'' This estimate is likely to increase once
EPA completes the designation of areas that exceed the new fine
particulate matter standard. Additionally, more than 270 million people
live in census tracts where the combined upper-bound lifetime cancer
risk exceeds 10 in 1 million (1 in 1 million is generally considered
``acceptable''). It is very likely that poor air quality results in
more deaths than any other problem under the jurisdiction of this
subcommittee.

WHAT ARE STATE AND LOCAL CLEAN AIR AGENCIES' RESPONSIBILITES?

State and local air pollution control agencies have the primary
responsibility for implementing our Nation's clean air program. They
carry out numerous activities, including efforts to develop and
implement State Implementation Plans (SIPs), monitor emissions, compile
emissions inventories, conduct sophisticated modeling of emissions
impacts, inspect sources of pollution, conduct oversight and
enforcement, provide technical assistance to regulated sources and
respond to citizens' complaints. In order to accomplish this work, they
receive funding from several sources, including State and local
appropriations, the Federal permit fee program under title V of the
Clean Air Act, State and local permit and emissions fees, and Federal
grants under sections 103 and 105 of the Clean Air Act. section 105
grants support the foundation of State and local air quality programs,
while section 103 grants have typically funded specific monitoring
efforts, such as the fine particulate matter (PM2.5)
monitoring network.

STATE AND LOCAL EFFORTS HAVE BEEN UNDERFUNDED FOR YEARS

State and local air quality agencies have struggled for years with
insufficient funding. In addition to the fact that Federal funding
levels have been relatively stagnant for a long time, over the past 15
years Federal grants for State and local air quality agencies to
operate their programs (not including the separate PM2.5
monitoring program) have actually decreased by approximately one-third
in terms of purchasing power, due to inflation. This reduced spending
power has come at the same time as increasing demands related to new
programs, such as developing State Implementation Plans to meet ozone,
PM2.5 and haze requirements. State and local agencies have
felt the repercussions of these limited funds, resulting in adverse
impacts on their programs that include: reduction in air monitoring and
associated data analysis; stagnation of emission inventories;
elimination of air toxics programs; curtailment of small business
assistance; loss of trained and experienced staff or an inability to
fill vacancies; reduction in staff training; inability to accept
delegation of Federal programs (especially related to toxic air
pollutants from area sources); decline in enforcement and compliance
activities; and cessation of some public education efforts. When State
and local clean air agencies are forced to make hard choices and scale
back essential air quality-related activities, public health, and
welfare suffer.
The proposed budget recommends shifting grants for PM2.5
monitoring from section 103 (which does not require a 40 percent match
from State and local recipients) to section 105 authority. The
PM2.5 monitoring program has traditionally been funded under
section 103 and this arrangement has worked very well in the past. We
recommend that it continue. Therefore, we urge Congress to retain the
PM2.5 and future lead monitoring programs under section 103
authority.

STATE AND LOCAL FUNDING NEEDS--RESULTS OF A SURVEY

NACAA recently conducted a comprehensive survey of State and local
clean air agencies regarding their resource needs and issued a report--
Investing in Clean Air and Public Health (April 27, 2009)--which was
provided to the subcommittee. The findings include the following.
NACAA received responses from State and local air quality agencies
in 35 States. They confirmed, as long suspected, that State and local
governments continue to supply more than their fair share of the
resources necessary for the Nation's clean air program. section 105 of
the Clean Air Act authorizes the Federal Government to provide grants
for up to 60 percent of the cost of State and local air quality
programs, while States and localities must provide a 40 percent match.
In reality, however, State and local air agencies report that they
provide 77 percent of their budgets (not including permit fees under
the Federal title V program), while Federal grants constitute only 23
percent. Clearly, State and local agencies are providing the lion's
share of the funding. This will become increasingly difficult, however,
as State and local budgets continue to shrink due to the country's
current economic crisis.
How much additional funding over and above current levels do State
and local agencies require on an annual basis? The needs are enormous.
Not including title V permit fees, which are intended to support only
the permitting program, the survey results indicate that State and
local air agencies need increases of 47 percent more than what is
currently expended to carry out their current programs and support
activities they anticipate they will need to undertake in the next few
years. In order to protect public health, State, and local air agencies
would need $1.3 billion annually to operate their programs. If EPA
supplied 60 percent of that amount, as the Clean Air Act envisions,
Federal grants would amount to approximately $778 million annually.
Unfortunately, recent annual appropriations under sections 103 and 105
of the Clean Air Act have been only approximately $200 million to $220
million. Thus, Federal grants should be increased by approximately $550
million to $575 million annually more than recent levels to make up
this difference and support necessary State and local clean air
programs.
Further, as the demands placed on State and local air programs
become greater, the effect of the shortfall will intensify. Unless
State and local air quality programs receive substantial increases in
Federal funding, they will continue to face a serious financial
deficit, and their ability to protect and improve air quality will be
further compromised.

HOW WOULD ADDITIONAL FUNDING HELP?

According to our preliminary survey results, State and local air
agencies report that the two program areas most in need of additional
resources are climate change and toxic air pollution, where funding
increases of more than 1,000 percent and 100 percent, respectively, are
needed. Currently there is little funding available for climate change
activities--agencies report that more than a quarter of the total
additional funds needed would be for greenhouse gas-related efforts.
Some of the specific activities for which additional funding is needed
in these two areas include the following, among others: programs to
address toxic air pollution from area (small) sources, including
accepting delegation of the Federal area source regulations,
identifying and inspecting sources, providing compliance assistance and
inspecting facilities; air toxics monitoring; modeling of toxic
exposures and risk; greenhouse gas planning and permitting;
development, review and analysis of emissions inventories for
greenhouse gases and toxic air pollutants; greenhouse gas rule
development; emission reporting; and public education and outreach on
toxics and greenhouse gases.
Other types of programs besides climate change and toxic air
pollution are also in need of significant funding increases. According
to the survey responses, the general categories of activities, and the
percentage of funding increases they need, are ambient monitoring (38
percent), SIP efforts (34 percent), visibility work (15 percent), and
compliance and enforcement (27 percent). Additionally, there are
activities that do not fall within one of these categories that require
increased grants as well, including programs to address environmental
justice, asbestos, odors, complaint response, indoor air, training,
outreach, small business assistance, management, administration,
information technology, and many others.
While State and local agencies identified many specific activities
for which they would most need additional funds, certain efforts
appeared repeatedly in the survey responses. In addition to those
listed above related to toxic air pollution and climate change, these
activities include: placement of additional monitors and commencement
or continuation of monitoring activities related to new standards for
fine particulates, ozone and lead; development of and/or improvements
in emission inventories for criteria pollutants; development of SIPs
for the new fine particulate matter, ozone and lead standards;
increased frequency of compliance evaluations, inspections and
enforcement, specifically for smaller sources; modeling for criteria
pollutants; small business assistance; public education; regulation of
emissions from animal feeding operations; programs to address emissions
from minor sources; retention of experienced staff and hiring of
additional staff to take on new programs and/or fill vacancies; and
staff training.

GRANTS SHOULD BE INCREASED TO FACILITATE REGIONAL SHIFTS

In addition to the funding shortfalls revealed by the NACAA survey,
there is another argument to be made for additional Federal grants. For
more than a decade, EPA has used a formula to distribute State and
local section 105 grants among the various regions of the country. The
formula was developed several years after the passage of the Clean Air
Act amendments and reflected the conditions, priorities and population
distribution that existed at the time. Over the intervening years, some
adjustments have been made to the formula to account for new priorities
and to apportion grant increases and decreases. However, a re-
examination of the methodology and formula that serve as the foundation
of the grant allocations had not been done and was overdue. For many
months, EPA has been developing an updated methodology and is close to
completing the project. Based on preliminary evaluation of EPA's
efforts, it appears that the updated formula could result in
substantial shifts in grants from certain regions of the country to
others. During these difficult economic times, few if any agencies can
easily afford to withstand any reductions in resources, including those
that reallocations might create, and certainly not of the size
reflected in the proposal under consideration. Since full and even
partial implementation of the revised formula could create unacceptable
disruptions in certain regions, NACAA believes that the most essential
element of the reallocation process would be for the Federal Government
to provide grant increases sufficient to ensure that no agency suffers
a decrease, while those that are slated for an increased share of the
total receive additional funds. At a minimum, grant increases of the
size NACAA is recommending--$43.4 million more than the President's
request--would facilitate these shifts.

NACAA'S RECOMMENDATION

While significant grant increases are warranted, NACAA realizes
that there are many competing priorities for Federal funds and that the
current economy is very poor, and recognizes that full funding (an
increase of $550 million to $575 million) is not viable right now.
Therefore, for fiscal year 2010, NACAA is proposing an increase in
Federal grants to State and local clean air agencies under sections 103
and 105 of only $43.4 million more than the President's fiscal year
2010 request ($46 million more than the fiscal year 2009
appropriation), for a total of $270 million. This is a modest increase,
considering that the real needs are over an order of magnitude higher.
Additionally, NACAA recommends that particulate matter and lead
monitoring programs be funded under section 103 authority, as such
expenditures have been in the past.
Thank you for this opportunity to testify on this critical issue
and for your attention to the importance of adequate funding for air
quality and public health programs.
______

Prepared Statement of the National Association of Forest Service
Retirees

As a result of severely constrained budgets in recent years and a
dramatic shift of money from all accounts to fund the increasing costs
of wildfire suppression, the capacity of the Forest Service (FS) to
carry out its missions in protecting and managing the national forests
and grasslands, research, State and private forestry, and international
forestry have been severely compromised. It is essential that this
capacity be rebuilt. For fiscal year 2010 National Association of
Forest Service Retirees (NAFSR) \1\ recommends the following increases
more than the levels appropriated for 2009.
---------------------------------------------------------------------------
\1\ The National Association of Forest Service Retirees is composed
of people who spent their careers involved with the management of the
national forest system, research, State and private forestry, and
international forestry programs. Members remain committed to the proper
stewardship of our forest lands and to the statutory multiple-use
mission of the U.S. Forest Service.

[In millions of dollars]
------------------------------------------------------------------------
Fund at most recent 5-
year average projected
to 2010
------------------------------------------------------------------------
Wildland fire management:
Suppression................................ .......................
Preparedness............................... 10
National Forest System: Land management 10
planning
Inventory and monitoring....................... 10
Recreation, wilderness, and heritage........... 20
Wildlife and fish habitat management........... 10
Forest products................................ 10
Vegetation and watershed management............ 15
Land ownership management...................... 10
Research....................................... 20
State and private forestry..................... 10
Forest stewardship............................. 20
Forest health--Federal lands................... 10
Forest health--coop lands...................... 10
Urban and community forestry................... 10
National Conservation Education Center......... 4
------------------------------------------------------------------------

WILDLAND FIRE SUPPRESSION

It is essential that the costs of wildland fire suppression be
considered separately from the regular discretionary budget of the FS.
As Chairman Rahall of the House Natural Resources Committee observed
last year, ``the dramatic rise in these costs is eroding other nonfire
programs and impacting the core missions of the Federal land management
agencies.'' For 2010, NAFSR recommends funding fire suppression based
on the most recent 5-year average cost projected to 2010 based on the
cost trend for that period. This should reduce the necessity of fire
transfers.
The bulk of the costs for fire suppression are associated with
large fires that escape initial and extended initial attack. It is
essential that the agency maintain its capability to successfully stop
at least 98 percent of the fire starts during the initial stages. In
recent years there has been a reduction in the number of trained crews
available for prompt reinforcement of initial attack forces, NAFSR
recommends an increase of $10 million for preparedness to fund 10
additional, inter-regional hotshot crews.

NATIONAL FOREST SYSTEM

Land Management Planning
The National Forest Management Act requires that all activities on
the national forests be conducted in accordance with approved land
management plans. It requires revision of these plans at 10- to 15-year
intervals in order to reflect changing conditions, new knowledge, and
changing public needs and desires. Revisions of 60 percent of the plans
are overdue. Revisions must be completed to comply with the law, avoid
legal challenges, and keep national forest and grassland management
relevant to the needs of the people. NAFSR recommends an increase of
$10 million for land management planning.
Inventory and Monitoring
Regular monitoring of forest resource conditions and the results of
management activities is fundamental to sound forest management. It is
particularly important during this time of climate change. Further
implementation of ecosystem management and the use of adaptive
management, key to obtaining public acceptance of vegetative management
activities, cannot be accomplished without assurance of appropriate
inventory and monitoring of resources and project outcomes. NAFSR
recommends an increase of $10 million for inventory and monitoring.
Recreation, Wilderness, and Heritage Management
The national forests include some of the most scenic, historic, and
culturally important areas of our country. Some 192 million visitors
enjoy recreation activities on these lands each year. But the quality
and access to recreation activities is being lost. The capacity of
recreation sites managed to standard declined from 93,600,000 people at
one time (PAOT) in fiscal year 2002 to 70,230,000 PAOT in 2008.
Priority heritage sites managed to standard declined from 8,112 to
2,294, and the miles of trail maintained to standard declined 30
percent in this period. Restoration of these facilities would provide
badly needed jobs in rural communities. NAFSR recommends an increase of
$20 million for recreation, wilderness, and heritage management.
Wildlife and Fisheries Habitat Management
The national forest system includes some of the most important
wildlife and fish habitat in the country. Proper stewardship of these
resources requires on the ground management by biologists and
technicians. But while the pressures on these important resources
continues to grow, the personnel available to care for the habitat has
declined. From 2002 to 2008, the wildlife and fisheries staff was
reduced by 39 percent. NAFSR recommends and increase of $10 million for
wildlife and fisheries.
Forest Products
There is widespread recognition of the need to thin our overstocked
forests to reduce their vulnerability to fire, insects, and disease.
Funding for hazardous fuel reduction is important and must be
continued, but it is clearly inadequate to accomplish the needed work.
Annual growth on the currently roaded portion of the timberlands on the
national forests is about 4 billion cubic feet. Not all of the material
that needs to be removed has economic value, particularly under current
market conditions, but portions are suitable for conventional wood
products. Much more is suitable for energy production. Capturing these
economic values is essential to making real progress in improving the
condition of our forests. It has much potential for contributing to
meeting our need for renewable energy. NAFSR recommends an increase of
$10 million for identifying markets and preparing conventional and
stewardship contracts for material that needs to be removed to promote
forest health.
Vegetation and Watershed Management
One of the primary purposes for the national forests is to provide
favorable conditions of water flow. National forest watersheds provide
much of the water used by our growing population, particularly in the
West. Resource management specialists and supporting technicians
available to protect and enhance our watersheds have declined by 44
percent in the last 6 years. This decline must be reversed.
With the serious fire seasons of recent years, the backlog of
needed reforestation has grown, but the reforestation program has been
shrinking. FS estimates the backlog of needed reforestation is about 1
million acres. This does not include some 250,000 acres on recent large
fires that have been identified as potentially needing reforestation
based on remote sensing, but where on the ground examinations have not
been completed. NAFSR recommends an increase of $15 million for
vegetation and watershed management.
Land Ownership Management
The national forest system is a vast estate. Millions of acres of
land share thousands of miles of property boundary with other agencies,
small, and large property owners, Proper stewardship of this Federal
estate requires maintenance of property lines, monitoring for trespass,
and administering thousands of special use permits. The national
forests should be good neighbors to adjacent landowners and
communities. With a 19 percent reduction in staffing for this activity,
the national forests are instead becoming, unresponsive, absentee
landlords. NAFSR recommends an increase of $10 million for land
ownership management.

RESEARCH

Forest research in this country has declined significantly, both in
the private sector at major forest product companies and at
universities. This trend makes the reduction in research scientists and
support personnel in the FS over the last few years particularly
untimely. We urgently need more information on the response of forests
and the resources they provide to changing climate and on management
practices needed to respond to and mitigate the adverse impacts of
these changes. We need leading-edge technologies to effectively use the
available forest resource, particularly small diameter, overstocked
material in fire-prone areas, which can enhance rural economies and
provide alternative energy sources from wood. With water problems in
many areas of the country, forest management practices to enhance water
yield and quality are urgently needed. NAFSR recommends increasing
funding for research by $20 million with emphasis on response to
climate change, economic uses for small diameter trees (including
energy), and water.

STATE AND PRIVATE FORESTRY

Two-thirds of our Nation's forests are in small, nonindustrial
ownerships. These lands are vital to meeting our wood product needs and
providing other forest values. The importance of proper management of
these forest lands is growing as the forest industry continues to
divest its timberlands. The continued fragmentation of these lands
presents serious challenges to assuring proper stewardship and
sustainable management. The State and private forestry program, in
cooperation with State foresters, has a proven record in helping to
promote sustainable practices on these lands.
Continued drought has increased fire, insect, and disease problems
on private forest lands, just as it has on Federal lands. Continued
assistance in forest protection and management is needed so that
private land owners will make the needed long-term investments in the
management of these lands. The National Conservation Education Center
and Repository in Missoula, Montana (National Museum of Forest Service
History) offers an outstanding opportunity to interpret the history of
the national forests and other FS programs. NAFSR recommends $4 million
for this facility. NAFSR recommends an increase of $10 million for
forest stewardship; $10 million for forest health on Federal lands; $10
million for forest health on coop lands, and $10 million for urban and
community forestry.

REPAYMENT OF FIRE TRANSFERS

In 5 of the last 7 years, the FS has been forced to transfer money
from other agency programs to cover the cost of fire suppression. These
transfers have disrupted on-going activities, increased costs, and
damaged relationships with other agencies and cooperators. The
continuing resolution for fiscal year 2009 repaid the nearly $400
million transferred in fiscal year 2008 and $100 million in K-V Funds
transferred in prior years. This leaves some $289 million in transfers
that have not been replaced. This transferred money includes
commitments for hazardous fuel reduction, noxious weed treatment,
watershed improvements, fisheries enhancements, and wildlife
improvements. It includes money deposited into working capitol funds
for vehicle replacement and facilities maintenance. NAFSR recommends
that the Congress complete reimbursement of money from trust funds
transferred for fire suppression.
The NAFSR believes the national forests and grasslands should be
managed so they are an asset to the communities in and adjacent to
them. In all too many instances, rather than an asset, the overstocked,
insect-infested, fire-prone, poorly maintained, and understaffed
forests are becoming a liability. We believe the funding increases
recommended above will began the process of restoring the capability of
the FS to provide proper stewardship of these national treasures and to
carryout the other vital missions of the agency.
______

Prepared Statement of the National Association of State Energy
Officials

Madam Chair and members of the subcommittee, I am Dub Taylor of
Texas, and Chair of the National Association of State Energy Officials
(NASEO). NASEO represents the energy offices in the States,
territories, and the District of Columbia. NASEO is submitting this
testimony in support of funding for the Energy Star program (within the
Climate Protection Division of the Office of Air and Radiation) at the
U.S. Environmental Protection Agency (EPA). NASEO supports funding of
at least $105 million, including specific report language directing
that the funds be utilized only for the Energy Star program. We were
extremely disappointed with the $50 million fiscal year 2010 request
and the final fiscal year 2010 funding level. At the present time,
Congress is seriously considering climate legislation. The Energy Star
programs are successful and cost effective. They should be expanded,
not reduced. With energy prices increasingly volatile, Energy Star can
help consumers quickly.
The Energy Star program is focused on voluntary efforts that reduce
the use of energy, promotes energy efficiency and renewable energy, and
works with States, local governments, and businesses to achieve these
goals in a cooperative manner. NASEO has worked very closely with EPA
and more than 40 States are Energy Star Partners. In 2005, EPA and
NASEO announced a new Clean Energy and Environment State Partnership
program, which has many State members, including California. We are
working closely with EPA on the Action Plan for Energy Efficiency, the
Energy Star Challenge, Home Performance with Energy Star, etc. We
worked with EPA to have over half the States declare ``Change a Light''
Day. With very limited funding, EPA's Energy Star program works closely
with the State energy offices to give consumers and businesses the
opportunity to make better energy decisions, without regulation or
mandates.
Energy Star focuses on energy efficient products as well as
buildings. In 2008 550 million Energy Star products were purchased. The
Energy Star label is recognized across the United States. It makes the
work of the State energy offices much easier, by working with the
public on easily recognized products, services and targets. In order to
obtain the Energy Star label a product has to meet established
guidelines. Energy Star's voluntary partnership programs include Energy
Star Buildings, Energy Star Homes, Energy Star Small Business and
Energy Star Labeled Products. The program operates by encouraging
consumers, working closely with State and local governments, to
purchase these products and services. Marketplace barriers are also
eradicated through education. State energy offices are working with EPA
to promote Energy Star products, Energy Star for new construction, Home
Performance with Energy Star (especially for existing homes), Energy
Star for public housing, etc.
In addition to the State partners, the program has more than 2,400
manufacturers using the label, 1,000 retail partners, 6,500 builder
partners, 4,500 businesses, 550 utilities, and thousands of energy
service providers. The ``Home Performance with Energy Star'' activity
allows us to focus on whole-house improvements, not simply a single
product or service. This is extremely beneficial to homeowners.
Programs have already been undertaken in California, New York,
Illinois, Maryland, Oregon, Texas, and Wisconsin. For example, a Mid-
Atlantic regional effort has been initiated. We are also working
closely with EPA in the implementation of the Energy Star Challenge,
which is encouraging businesses and institutions to reduce energy use
by 10 percent or more, usually through very simple actions. We are
working with the building owners to identify the level of energy use
and compare that to a national metric, establish goals and work with
them to make the specified improvements. Again, this is being done
without mandates.
The State energy offices are very encouraged with progress made at
EPA and in our States to promote programs to make schools more energy
efficient, in addition to an expanding Energy Star business partners
program. This expansion will continue. EPA has been expanding the
technical assistance work with the State energy offices in such areas
as benchmark training (how to rate the performance of buildings),
setting an energy target and training in such areas as financing
options for building improvements and building upgrade strategies.
The State energy offices are working cooperatively with our peers
in the State environmental agencies and State public utilities
commissions to ensure that programs, regulations, projects, and
policies are developed recognizing both energy and environmental
concerns. We have worked closely with this program at EPA to address
these issues. The level of cooperation from the agency has been
extraordinary and we encourage these continued efforts.

EXPANSION OF ENERGY STAR

The Energy Star program saves consumers billions of dollars every
year. The payback is enormous. NASEO supports an approximate doubling
of this program to $105 million in fiscal year 2010. The elements of
the expanded program are as follows:
--$12.5 million should be appropriated to expand the program to
upgrade energy-inefficient homes. Consumers could save $500 per
year on their energy expenditures, which is $10,000 over 20
years (nominal dollars). This is real money in the pockets of
consumers. It can help them stay in their homes and help the
economy. There are significant, off-the-shelf energy efficiency
measures that can be utilized. A large expansion of the Home
Performance with Energy Star is the critical element of this
initiative. Additional work to encourage quality installation
of heating and cooling equipment would also produce real
savings.
--$7.5 million should be appropriated for an expansion of energy
performance ratings systems for the Nation's buildings.
Information on energy use per square foot is a key motivating
tool. This can help commercial building owners make the right
decisions.
--$10 million should be appropriated for expansion of Energy Star to
medium and small manufacturers and small businesses. The State
energy offices are working hard to preserve and expand jobs in
this difficult economy. Energy Star is a powerful tool to help
reduce operating costs and maintain profits and jobs.
--$10 million should be appropriated for an expanded outreach program
for energy efficiency to States, utilities, local governments,
schools, and other potential program sponsors. Energy Star
provides crucial technical assistance to help work with these
entities to expand energy efficiency programs throughout the
economy.
--$10 million should be appropriated for additional outreach to State
and local governments. Energy Star has been helpful, but is
woefully underfunded in efforts to share best practices.
--$5 million should be appropriated to offer new opportunities to
incorporate new technologies into Energy Star.
The funds delineated above should be added to the existing
appropriation. It is especially critical for the Energy Star program to
work with the States and local governments as they distribute stimulus
funds for the State Energy Program ($3.1 billion), the Energy
Efficiency and Conservation Block Grant (for local and State
governments) ($3.2 billion), the Weatherization Assistance Program ($5
billion) and the Appliance Rebates Program ($300 million). The funding
provided in this bill will help spend this money more effectively.

STATE EXAMPLES

In California, residents and businesses are projected to save more
than $14 billion through the Energy Star investments that have already
been made. Well more than 10,000 California homes have earned the
Energy Star. California also has a tax credit for the construction of a
new, or purchase of an existing, Energy Star Home. The State Green
Building Action Plan requires State agencies to only lease Energy Star
space and purchase Energy Star equipment. The State also has an Energy
Star Residential Fixture promotion program.
In Colorado, Energy Star investments in qualified products, homes,
and buildings are projected to save well more than $2 billion over the
life of these efforts. Approximately 10,000 homes in the State have
earned the Energy Star and more than 900 buildings (more than 130
million square feet) have been rated utilizing the performance rating
system. Approximately 100 Colorado companies are now building Energy
Star-rated homes. Aggressive Energy Star efforts are occurring in
schools throughout the State. With the passage of new State legislation
and actions by the Governor, aggressive new Energy Star promotion
activities have had a significant impact.
Maryland passed a group of major energy bills promoted by the
Governor. The Maryland Energy Administration is tasked with leading the
charge to promote energy efficiency and reduce energy consumption
quickly. One hundred forty companies and public entities are
participating in Energy Star in the State. One hundred thirty million
square feet of buildings in Maryland have been rated for energy
efficiency. Tax incentives are also available to consumers for the
purchase of Energy Star-qualified products.
Thirty companies and public entities in Mississippi are
participating actively in Energy Star product promotions. Millions of
square feet of buildings have been rated for energy efficiency. The
State is also working with other Southeastern States to promote energy
efficiency in commercial buildings through the Southeast Rebuild
Collaborative. The State Energy Office (Mississippi Development
Authority) has been providing training to schools and Government
agencies in Energy Star tools.
Six hundred million dollars will be saved in the Energy Star
investments that have already been made in Nebraska. Twenty-one million
square feet of buildings in the State have been rated using energy
performance rating system tools. The Nebraska Energy Office has also
been promoting the program and sponsored an energy-efficient prototype
home in Lincoln that is demonstrating affordable yet energy-efficient
housing techniques. The Energy Office provides loans to finance
residential energy efficient improvements. Many companies are now
building Energy Star homes in the State.
Seventy-eight companies and public entities in New Hampshire have
been actively promoting Energy Star. Two thousand homes so far have
earned the Energy Star and 14 million square feet of buildings have
been rated. Scores of New Hampshire companies are building Energy Star
homes and the first three residence halls in the country to earn the
Energy Star are located on the University of New Hampshire campus in
Durham.
Rhode Island businesses and residents will save more than $400
million through Energy Star investments they have already made. More
than 2,000 homes have been rated utilizing Energy Star tools. The State
has held a sales tax holiday for Energy Star labeled products. The
State, in cooperation with National Grid, has been promoting Home
Performance with Energy Star.
Five million square feet of building space in South Dakota has been
rated for energy efficiency utilizing EPA's performance rating system.
The State has been aggressively promoting a variety of Energy Star
efforts, including Energy Star Change a Light Day. In Tennessee, well
more than 100 companies and public entities, including significant
numbers of small businesses, have been participating in Energy Star.
Businesses and residents are projected to save more than $2 billion
through Energy Star investments that have already been made. The State
Energy Office has taken the lead in promoting the Energy Star Challenge
and the Change a Light campaign, urging consumers to shift to CFLs.
Participants in the program range from Nashville Habitat for Humanity
to Clayton Homes, Inc.
Utah residents and businesses will save more than $700 million
through investments they have already made in Energy Star products,
homes, and buildings. Well more than 100 companies are actively
participating in the Energy Star program. 7,500 Utah homes have earned
the Energy Star and more than 17 million square feet has been rated for
energy efficiency in the State.
Vermont has aggressively promoted energy efficiency for many years
and scores of public entities and companies have been involved in the
program. Approximately 5,000 homes in the State have earned Energy
Star, which is a high percentage. In addition, 120 buildings covering 8
million square feet have been rated for energy efficiency utilizing
EPA's energy performance rating system. As a result of an Executive
Order (14-03), State agencies are only permitted to purchase Energy
Star products.
Residents and businesses in West Virginia will save more than $400
million as a result of Energy Star investments that they have already
made. More than 13 million square feet of building space has been rated
utilizing EPA's energy performance rating system. The State Energy
Office (West Virginia Development Office) has been helping county
school systems throughout the State by providing both Energy Star
benchmarking tools and other financial mechanisms to help implement
improvements. Giant Eagle and Food Lion have been Energy Star leaders
in the State.
Wisconsin has approximately 500 companies and public entities that
have been promoting Energy Star. More than 8,000 homes have earned
Energy Star and more than 180 million square feet of building space,
across 1,500 buildings, have been rated for energy efficiency. Energy
Star is now part of the State's procurement guidelines. A 2005 study
found that Wisconsin Energy Star new homes utilize 23 percent less
energy per square foot for heating than older Wisconsin homes, even
though the new homes are generally 22 percent larger.

CONCLUSION

Significant increases in funding for the Energy Star programs are
justified. NASEO endorses these activities and the State energy offices
are working very closely with EPA to cooperatively implement a variety
of critical national programs.
______

Prepared Statement of the National Conference of State Historic
Preservation Officers

Thank you Chairwoman Feinstein, Ranking Member Alexander, and the
members of the Senate Appropriations Subcommittee on Interior,
Environment, and Related Agencies for the opportunity to provide
testimony. I appreciate this chance to share the State Historic
Preservation Office's (SHPOs) 2008 historic preservation
accomplishments, discuss the SHPOs' role in the economic stimulus, and
review historic preservation's contribution to economic and
environmental sustainability.

SHPOS ARE THE NATION'S PRESERVATION PROGRAM

In 1966, Congress affirmed the importance of historic preservation
in the National Historic Preservation Act (NHPA 16 U.S.C. 470). This
Federal historic preservation program is carried out by the SHPOs for
the National Park Service (NPS) and the Advisory Council on Historic
Preservation. Appropriations to SHPOs constitute the operational
funding for this Federal mandate. The NHPA directs SHPOs to sustain the
foundation of historic preservation in America by: (1) locating and
recording historic resources; (2) nominating significant historic
resources to the National Register of Historic Places; (3) fostering
historic preservation programs at the local government level and
promoting the creation of preservation ordinances; (4) providing funds
for preservation activities; (5) commenting on Federal preservation tax
projects; (6) reviewing all Federal projects for their impact on
historic properties; and (7) providing technical assistance to Federal
agencies, State and local governments, and the private sector.

HISTORIC PRESERVATION AND THE AMERICAN REINVESTMENT AND RECOVERY ACT
(ARRA)

SHPOs need $50 million now more than ever to weather ``the perfect
storm'' created by State budget reductions and ARRA project activity
increases.
A recent survey of SHPOs found that the impact of State budget
reductions includes the following.
--Nearly half the SHPOs expect State cuts in fiscal year 2009 at an
average 13 percent.
--Thirteen States out of 35 report loss of staff and 30 reported
hiring freezes.
--In Nevada, funding for the State historic preservation office could
be cut in half, and the Nevada Historical Society's 10-person
staff would be reduced to 5.
While SHPOs operate under these fiscal restraints, Federal stimulus
projects are being ``fast-tracked'' to create jobs and generate
investments. Handling the unprecedented volume of projects for historic
preservation reviews with fewer resources is a challenge. For projects
that are controversial or fall short of ``shovel-ready'' status,
Federal law directs SHPOs to resolve and mitigate any issues in a
timely manner. Providing $50 million to SHPOs in fiscal year 2010 will
add critically needed resources to expedite the implementation of ARRA
and stimulate the economy.
It is also worth noting that this subcommittee acknowledged the
value of restoration projects in stimulating the economy by including
$50 million to the SHPOs for restoration grants in the initial stimulus
proposal. We were disappointed that the final version eliminated the
funding. Since SHPOs across the country have long lists of SHPO
approved, shovel-ready projects, just waiting for funding, we look
forward to working with the appropriations subcommittee to enact this
program.

HISTORIC PRESERVATION IS ECONOMIC DEVELOPMENT

Preserving the physical reminders of our past creates a sense of
place and community and generates a wide range of economic benefits.
Historic preservation creates jobs, brings people to downtowns and main
streets, supports affordable housing and small businesses, and
generates tax revenues while revitalizing communities and
neighborhoods.
SHPOs administer the rehabilitation tax credit program which has
spurred private investment on a 5 to 1 ratio and is a powerful job
creation tool. More than $50.82 billion in private investment has been
leveraged from its inception in 1976 and each project approved by the
NPS creates, on average, 42 new and principally local jobs. The
following statistics are typical of the positive findings of
preservation's economic benefits:
--Historic preservation activities generate more than $1.4 billion of
economic activity in Texas each year.
--Each $1 of Maryland's historic preservation tax credit leverages
$6.70 of economic activity within that State.
--Massachusetts benefits from historic preservation include a gain of
about 87,000 jobs, $2.6 billion in income, $3.5 billion in GSP,
and $944 million in taxes.
--In New York State, $1 million spent rehabilitating an historic
building ultimately adds $1.9 million to the State's economy.
Dollar for dollar, historic rehabilitation creates more jobs than
most other investments. According to a 1997 study on the economic
impacts of historic preservation, ``preservation's benefits surpass
those yielded by such alternative investments as infrastructure and new
housing construction.'' In Michigan, $1 million in building
rehabilitation creates 12 more jobs than manufacturing. In West
Virginia, $1 million of rehabilitation creates 20 more jobs than mining
$1 million worth of coal. A 2010 $50 million appropriation will allow
SHPOs to encourage more owners to undertake rehabilitation projects and
to expedite reviews.

PRESERVATION IS SUSTAINABILITY

Historic preservation can--and must--be an important component of
any effort to promote sustainable development. The conservation and
improvement of our existing built resources, greening the existing
building stock, and reinvestment in historic communities, is crucial to
using our past to create a better future for generations to come.
The National Historic Preservation Program and SHPOs are
responsible for the administration of public and private initiatives
that advance sustainability. Environmental responsibility is achieved
in the preservation industry through recycling, waste reduction, saving
landfill space, saving energy, reducing carbon emissions, and promoting
renewable resources. The sustainable economic benefits include fiscally
viable communities, the use local labor forces, increases in property
values and tax bases and heritage tourism. Historic preservation also
promotes social and cultural responsibility through creating affordable
housing, giving people a sense of place and community and incorporating
smart growth principles. A 2010 $50 million appropriation will provide
resources to promote sustainability.

IMPORTANCE OF DIGITAL RECORDS

The key to protection of our Nation's historic resources lies not
only in identifying them, but in making information about their
location and importance widely available. Yet, in this age of
electronics, spending hours upon hours--if not days--traveling to one
location, only to spend additional hours searching through piles of
maps, charts and documents, is typical for anyone who needs access to
SHPO documents. Five million dollars for competitive grant funds for
digitization and inventory will accelerate SHPOs' move into the
electronic era.
Specifically, inventory funds would be used for two purposes (1) to
convert existing paper records to electronic formats (databases, GIS)
and (2) to conduct inventory fieldwork, filling in the current
patchwork of identified sites which is essential for Federal project
review (section 106) and lays a foundation of every future preservation
activity (e.g., National Register).
The State of Washington, and a select few other SHPOs have made
remarkable progress assembling multiple-source funding to initiate
digital access to inventory information, other SHPOs around the country
are not as fortunate. After 40 years of the national preservation
program we, as a Nation, still do not know the location of hundreds of
thousands of our historic resources. Knowing what we have and defining
the location and significance of the Nation's historic assets, is
fundamental for all historic preservation activities. (NHPA 1966)

2008 SHPOS ACCOMPLISHMENTS

SHPOs used their HPF allocations well in 2008. While virtually
every State experienced cut backs and reductions, SHPOs are still
charged with implementing the requirements of the NHPA to their fullest
extent. Highlights of 2008 historic preservation accomplishments
include:
--More than $5.64 billion of private investment in the rehabilitation
of commercial historic properties under the rehabilitation tax
credit program.
--An estimated 67,705 jobs created by the tax credit program in 2008.
--10,392 low- and moderate-income housing units created through the
FRTC.
--Approximately 11 million acres surveyed for cultural resources and
more than 132,300 properties evaluated for their historical
significance.
--1,319 new listings in the National Register of Historic Places.
--SHPOs reviewed 114,000 Federal undertakings, providing 98,700
National Register eligibility opinions.
--51 new communities became Certified Local Governments (CLGs)
--CLG's newly designated 48,200 properties, and 86,600 properties
took part in local preservation review, programs, and
incentives.

FUNDING FOR ADDITIONAL HISTORIC PRESERVATION PROGRAMS

In addition, from the HPF NCSHPO supports $20 million for tribes.
We also would like to see $30 million for Save Americas Treasures and
$10 million for Preserve America. Additionally, adequate funding for
the Advisory Council on Historic Preservation and NPS historic
preservation programs is needed to carry out their missions of
promoting the preservation of historic resources.

CONCLUSION

Congress stated in 1966 that ``The spirit and direction of the
nation are founded upon and reflected in its historic heritage.''
Historic preservation recognizes that what was common and ordinary in
the past is often rare and precious today, and what is common and
ordinary today may be extraordinary, 50, 100, or 500 hundred years from
now. I would like to thank the subcommittee for their commitment to
historic preservation. The Federal Government's role in preserving our
Nation's history is only possible through our partnership. SHPOs stand
committed to identify, protect, and maintain our Nation's historic
heritage.
Thank you.
______

DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
APPROPRIATIONS FOR FISCAL YEAR 2010

----------

U.S. Senate,
Subcommittee of the Committee on Appropriations,
Washington, DC.

NONDEPARTMENTAL WITNESSES

[Clerk's note.--The subcommittee was unable to hold
hearings on nondepartmental witnesses. The statements and
letters of those submitting written testimony are as follows:]
Prepared Statement of the National Environmental Services Center
Chairwoman Feinstein, Ranking Member Cochran, and members of the
subcommittee: We request an appropriation of $1.5 million for fiscal
year 2010 directed to the National Small Flows Clearinghouse
(Clearinghouse) under the Environmental Programs and Management (EPM)
account for the U.S. Environmental Protection Agency (EPA). The
Clearinghouse programs assist small and rural communities throughout
the United States in meeting their wastewater treatment needs.
Introduction
My name is Gerald Iwan and I am the Executive Director of the
National Environmental Services Center at West Virginia University
(WVU). Our center conducts both EPA- and USDA-funded programs that
address a national need for environmental services to small communities
and rural areas. For the past 30 years, our work has focused on
drinking water, wastewater, and community resiliency. We assist the
USEPA and USDA in providing information, training, and technical
assistance essential to their drinking water and wastewater public
mission.
Need
Nearly 1 in 4 households in the United States depends on individual
septic or other types of onsite systems to treat their wastewater. Many
of these households are in small and rural communities that have
limited financial and personnel resources to address wastewater
treatment problems. Underperforming wastewater treatment systems can
have considerable quality of life, environmental, and public health
impacts. Recognizing the need to assist small communities in meeting
wastewater treatment mandates, Congress, through the 1977 Clean Water
Act (CWA), authorized the National Small Flows Clearinghouse and
mandated that it collect and distribute information and also provide
training to small and rural communities about wastewater treatment.
The Clearinghouse and its training arm, the National Environmental
Training Center for Small Communities, are cornerstone programs
administered by the National Environmental Services Center at WVU.
Through these programs the USEPA is able to meet its mission of
providing wastewater-related information, technical assistance,
publications, products, and training services for little or no cost to
the public. Such services are especially critical to the small and
rural communities least likely to be able to assist themselves. Under
the CWA, Congress mandated annual funding for the Clearinghouse through
EPA's Construction Grants Program, signaling its commitment to assist
these small communities through the Clearinghouse's services.
While the Clearinghouse had been included in subsequent
reauthorizations of the act, the Construction Grants Program was phased
out in 1991 and replaced by the Clean Water State Revolving Loan Fund.
As a consequence, the statutory funding provision for the Clearinghouse
was lost. This loss of directed funding has jeopardized the
Clearinghouse's ability to provide essential wastewater services that
continue to be needed by our Nation's small communities. Reinstatement
of the Clearinghouse formula funding provision was approved by the
House in H.R. 1262, The Water Quality Investment Act of 2009.
Since the expiration of the CWA funding provision, the
Clearinghouse's 25 employees have continued to provide essential
wastewater services to the public through congressional appropriations,
competitive grants, and supplemental funding by WVU. However,
congressional appropriations ended in fiscal year 2006, University
funds are limited and competitive funding opportunities in the relevant
EPA programs are scarce. Most national rural water technical assistance
organizations (e.g., NRWA, RCAP, and GWPC) providing complementary
services to EPA are supported through congressionally directed funding
on an annual basis. Congressional support for reinstatement of the
Clearinghouse and its formula funding provision under H.R. 1262 would
enable the Clearinghouse programs to continue with uninterrupted
services on a firm financial footing. However, until the bill is
enacted, we need an appropriation of $1.5 million to enable these
programs to continue their work of serving our Nation's small
communities.
Request
We request $1.5 million in congressionally directed funding for the
National Small Flows Clearinghouse programs to support our work until
the CWSRF legislation is reauthorized and enacted.
______

Prepared Statement of the Northern Forest Alliance

Mr. Chairman, and distinguished members of this subcommittee, we
are grateful for the opportunity to submit testimony today on behalf of
the member organizations of the Northern Forest Alliance (NFA). The NFA
is a coalition of 55 national, regional, State, and local conservation,
recreation, and forestry organizations united by a commitment to work
together to protect and enhance the ecological and economic
sustainability of natural and human communities in the Northern Forest.
Our priorities include: conserving wildlands in the Northern Forest to
help protect the forest's ecological integrity, its recreational
opportunities, and it's timber production; encouraging well-managed
private forests to support the forest-based economy, including high-
value timber products, recreational tourism, and the jobs these
industries support; and building strong, diverse, local economies that
support vibrant communities throughout the Northern Forest.
With these priorities and goals in mind, we respectfully request an
increase in overall funding for the Land and Water Conservation Fund
(LWCF) and the Forest Legacy Program (FLP) and specifically urge the
subcommittee to provide $325 million for the Federal LWCF, $125 million
for the LWCF stateside program, and $125 million for the FLP in the
fiscal year 2010 Interior, Environment, and Related Agencies
appropriations bill. In addition, we respectfully urge the subcommittee
to provide a minimum of $10 million for the Community Forest and Open
Space Conservation Program, $45 million for the Forest Stewardship
Program, $36 million for the Urban and Community Forestry Program, $53
million for the Cooperative Lands Forest Health Program, $45 million
for the State Fire Assistance Program, and $85 million for the State
Wildlife Grants Program. Finally, we're strongly supportive of funding
the authorized amount of $5 million for the new Community Wood Energy
Program.
We applaud the LWCF and FLP funding increases provided by this
subcommittee in fiscal year 2009. And, we are most thankful that the
Obama administration budget recognizes the importance of these programs
by proposing significant increases for fiscal year 2010 and setting a
goal to achieve full funding of the LWCF in the next 5 years.
FLP and LWCF have proven to be the most important tools to fund
land conservation in the Northern Forest. It is critical that funding
for these programs be expanded to ensure that as opportunities for
productive conservation arise, we continue the strong tradition of
conservation that ensures public access, sustainable forestry, and a
multitude of recreational opportunities.
Passage in 2008 of the Community Forest and Open Space Conservation
Program is exciting for the NFA and for all communities looking toward
a more empowered and locally controlled future. This new program will
provide matching funds to help local government entities, Indian
tribes, and nonprofit organizations to create new community forests. It
will also offer technical assistance to develop and implement
management plans for each new community forest. We urge you to provide
funding for the Community Forest and Open Space Conservation Program in
the fiscal year 2010 budget for the U.S. Forest Service (USFS). This
should include funding for the States to administer the program and to
provide technical assistance, as directed by the program's authorizing
language.
NFA is firmly committed to the effort to support a suite of
programs that support resilient communities, sound forest stewardship,
and the forest-based economy within the USFS's State and private
forestry program. The economies and forests of New Hampshire, Vermont,
Maine, and New York and across the Nation can not afford to lose the
professional assistance provided by our State Foresters and Cooperative
Extension Foresters. Programs including the Forest Stewardship Program,
urban and community forestry, the Cooperative Lands Forest Health
Program, and the State Fire Assistance Program are critical to the
needs of Northern Forest communities. This suite of programs ensures
that resources are available to support the shared goal of landowners,
State, and local governments to manage their forestlands to the highest
standards of sustainability.
The Forest Stewardship Program and Urban and Community Forestry
Program support the ability of State and country foresters to provide
technical services to forest landowners, providing educational services
in urban areas and communities, developing forest stewardship plans,
providing training for natural resource professionals, increasing
public awareness of forest resources in rural and urban areas,
providing training for the public in the coverts programs, and
supporting the implementation of forest stewardship plans. These
services benefit not only private landowners, but all in the region who
benefit from the sustainable and healthy management of forests and of
trees and urban forests in our communities.
The Cooperative Lands Forest Health Program provides assistance on
our non-Federal forestland, the majority of forests in the Northern
Forest and the eastern half of the Nation, to address forest health
issues including the prevention, detection, and suppression of damaging
insects, diseases, and plants. As you're well aware, the spread of
invasive plants and insects into the forests of the region are causing
and may cause incredible losses to the value of our crucial
forestlands.
The State fire assistance program provides essential financial and
technical assistance to State and local fire departments for wildland
fire management. It helps to ensure preparedness in the advent of
forest fires. In addition, to direct first-responder support, it
provides funding for fuel reduction work and is one of the only
programs that help communities develop community wildfire protection
plans.
The State Wildlife Grants Program, created by Congress in 2000,
provides funding to support cost-effective conservation aimed at
preventing wildlife from becoming endangered. The work of the State
Wildlife Grants program is done by State Fish and Game agencies
implementing their wildlife action plans. Every State has completed a
comprehensive wildlife action plan, as mandated by Congress. These
action plans detail each State's species of greatest conservation need,
their habitats, the problems and data gaps that confront them, and the
conservation actions that are needed to prevent them from becoming
endangered.
The Community Wood Energy Program is designed to assist communities
in creating wood-energy systems to provide heat and/or power for
municipal buildings and enable them to utilize locally sourced wood for
their heat and power. This program will be critically important as our
communities seek to provide fiscal certainty and the opportunity to
utilize heat and power resources found within the region, rather than
exporting our hard-earned funds to other regions and other nations.
In addition to these critically important program requests, NFA
strongly supports funding for the following specific projects.
FLP Projects
Maine--Katahdin Forest Expansion ($3.7 million); Maine--Rangeley
High Peaks ($3.5 million); New Hampshire--Cardigan Highlands ($3.8
million); New Hampshire--Mahoosuc Gateway II ($5 million); New York--
Follensby Pond ($7 million); Vermont--Eden Forest ($2.2 million); and
Vermont--Adams Pond ($1.6 million).
LWCF Projects
New Hampshire--Mahoosuc Gateway I ($1.375 million); New Hampshire,
Maine--Umbagog NWR ($4.5 million); Vermont--Green Mountain NF ($2.25
million); Vermont--Chateauguay--No Town ($1.25 million); and New
Hampshire, Vermont, Connecticut, Massachusets--Silvio O.Conte NWR
($2.965 million).
In closing, we thank the subcommittee for your continuing
leadership on Federal land conservation and forestry assistance. The
NFA stands ready to work with you to secure full and consistent funding
for the LWCF, for the FLP, and for the critically important State Fire
Assistance Program that ensure that our conserved lands and private
forests are all well-managed heading into the future. Thank you for the
opportunity to provide this testimony.

MEMBER ORGANIZATIONS OF NFA

Adirondack Communities Advisory League; Adirondack Council;
Adirondack Mountain Club; American Hiking Society; Appalachian Mountain
Club; Appalachian Trail Conservancy; Association for the Protection of
the Adirondacks; Audubon New York; Audubon Vermont; Biodiversity Legal
Foundation; Catamount Trail Association.
Chewonki Foundation; Citizens Campaign for the Environment;
Conservation Law Foundation; Defenders of Wildlife; Environmental
Advocates; Environment New Hampshire; Forest Guild; Forest Watch;
Garden Club of America; Gorham Trails Land Trust; Green Mountain Club.
Greensboro Land Trust; Jay Ericson Photography; Keeping Track;
Maine Appalachian Trail Land Trust; Maine Audubon; Massachusetts
Audubon Society; MetaFore; National Parks Conservation Association;
National Wildlife Federation; Natural Resources Council of Maine;
Natural Resources Defense Council.
New England Forestry Foundation; New York League of Conservation
Voters; New York Rivers United; North Woods Stewardship Center;
Residents' Committee to Protect the Adirondacks; Rural Vermont; Sierra
Club; Student Environmental Action Coalition; The Wilderness Society;
Trout Unlimited--Basil Woods Jr. Chapter; Trout Unlimited--National.
Trust for Public Land; Trust to Conserve Northeast Forestlands;
Vermont Alliance of Conservation Voters; Vermont Businesses for Social
Responsibility; Vermont Land Trust; Vermont Natural Resources Council;
Vermont Public Interest Research Group; Vermont Woodlands Association;
Vermont Woodnet; Vermont Youth Conservation Corps; World Wildlife Fund.
______

Prepared Statement of the National Fish and Wildlife Foundation

Madam Chairman and members of the subcommittee: Thank you for the
opportunity to submit testimony regarding fiscal year 2010 Department
of the Interior appropriations and funding for the National Fish and
Wildlife Foundation (NFWF). We appreciate the subcommittee's past
support and respectfully request your approval of funding at the
following levels:
--$10 million through the U.S. Fish and Wildlife Service's (FWS)
resource management general administration appropriation;
--$3 million through the FWS's resource management endangered species
appropriation to conserve and restore Pacific salmon in
Washington State;
--$5 million through the Bureau of Land Management's (BLM) management
of lands and resources appropriation; and
--$5 million through the Forest Service's (FS) National Forest System
appropriation.
This funding request for fiscal year 2010 is within the authorized
levels and would allow the NFWF to uphold our mission and expand our
successful partnerships with the FWS, BLM, and FS. Mr. Chairman, I
would like to make one very important point: we are asking for your
continued support of well-established conservation programs with
national significance. The NFWF is required by law to match each
federally appropriated dollar with a minimum of one non-Federal dollar.
We consistently exceed this requirement by leveraging Federal funds at
a 3:1 ratio while providing thought leadership and emphasizing
accountability, measurable results, and sustainable conservation
outcomes.
In 2009, the NFWF is celebrating its 25th anniversary and a
remarkable history of bringing private partners together to leverage
Federal funds to conserve fish, wildlife, plants and their habitats. As
of fiscal year 2008, the NFWF had awarded more than 10,000 grants to
more than 3,500 national and community-based organizations through
successful partnerships with the FWS, BLM, FS, and other Federal
agencies. Our collaborative inter-agency model has grown to include
partnerships with the Environmental Protection Agency, National Oceanic
and Atmospheric Administration, USDA Natural Resources Conservation
Service, and several other Federal agencies. This effective model
brings together multiple Federal agencies with State and local
government and private organizations to implement conservation
strategies that directly benefit diverse habitats and a wide range of
fish and wildlife species.
This subcommittee's funding has been critical to our success in
attracting additional funding for conservation through corporate
contributions, legal settlements, and direct gifts. As a neutral
convener, the NFWF is in a unique position to work with the Federal
agencies, State and local government, corporations, foundations,
conservation organizations, and others to build strategic partnerships
to address the most significant threats to fish and wildlife
populations and their habitats. Currently, the NFWF has active
partnerships with more than 30 corporations and foundations and 17
Federal agencies.

IMPLEMENTATION OF STRATEGIC CONSERVATION INITIATIVES

It is widely known that climate change will endanger some wildlife
populations and ecosystems more than others. In fiscal year 2008, the
NFWF-initiated grant-making through new keystone initiatives, which
focus on select species of birds, fish and sensitive habitats. With
modest funding increases in fiscal year 2010, we will accelerate
implementation of these strategic initiatives, many of which seek to
address the affects of climate change through wildlife and natural
resource adaptation. To ensure success in these investments, we are
incorporating monitoring and evaluation into the entire lifecycle of
the keystone initiatives in order to measure progress, promote adaptive
management, demonstrate results, and continuously learn from our grant-
making. With our partners, the NFWF has identified several species and
ecosystems in need of immediate conservation action, a few of which are
described below.

FISH AND WILDLIFE MOVEMENT AND MIGRATION

In the Western United States, maximizing wildlife movement
opportunities and implementing targeted conservation strategies is
critical to ensure that future generations can enjoy the diversity of
America's natural resources. The NFWF is specifically launching
initiatives focused on wildlife movement and migration that will
improve the resilience of large mammal populations in the Rocky
Mountains, Green River Basin of Wyoming and Sky Islands region of
southern Arizona and New Mexico. We are also focusing our efforts on
sage grouse conservation activities and developing initiatives to
improve the resilience of imperiled migratory fish species including
the native fishes of the upper Colorado River basin.
The Green River Basin of Wyoming--Sublette County and other areas
in the southwest corner of the State--are a major area for U.S. natural
gas production and provide some of the highest-quality sagebrush,
riparian habitats, and forest for wildlife in the west. The area also
supports a large sage grouse population, as well as mule deer,
pronghorn, and elk populations. Energy development impacts on wildlife
movement and habitat are being addressed by energy companies, BLM, and
other Government agencies. Our goal is to work with public and private
partners to accelerate these efforts through several key strategies
which include eliminating fence and other barriers that obstruct
wildlife movement, reducing road mortality along important migratory
pathways, and protecting key parcels of private ranchland from
development and subdivision with conservation easements.

WATER SUPPLY AND STREAM RESTORATION

We also recognize that climate change will greatly exacerbate two
existing water supply problems which impact wildlife and the public--
too little water and the seasonality of freshwater supplies. The NFWF
is working proactively with Federal, State, and local partners to
expand voluntary water transaction programs and launching new
initiatives to increase natural water storage. These efforts will
benefit a diversity of wildlife species while improving water flows
year-round for human use.
For example, California faces a likely future climate that drops
more rain and less snow on the Sierra Nevada Mountains. More water will
flow off the mountains in the winter and spring, leaving less for fish,
wildlife, and people during the drier summers to come. Sierra Nevada
alpine wetlands, or ``wet meadows'', are hotspots within the Sierra
Nevada ecosystem for wildlife diversity. Federal agencies manage about
40 percent of the area of these mountain ranges, but wet meadow habitat
along valley bottoms is primarily private land. Our challenge is to
foster large-scale restoration efforts to positively impact stream flow
in the dry season. To that end, the NFWF will invest in partnerships
that provide incentives to private landowners to conserve springs and
wet meadows and provide artificial water sources to protect stream
habitats.
In the Klamath Basin, the NFWF will be focusing on spring systems
either by acquisition, easement, or voluntarily modifying agricultural
practices as it is the soundest strategy for recovery of both
endangered Suckers and Coho salmon. This strategy will provide these
species and other fishes the ability to withstand climate change
(resilience) much longer into this century. Similarly, an investment
strategy of protecting and restoring spring systems in the Shenendoah
River Basin will allow for the return of Eastern Brook Trout and 18-24
additional native species.
In the Upper Colorado River Basin, locating areas at the warmwater-
coldwater interface which contain Colorado Cutthroat trout and native
suckers and chubs is providing the framework to sustain these fishes
into the next century, on both public and private lands. The NFWF has
successfully implemented a water transactions program in the Columbia
Basin in partnership with the Bonneville Power Administration, local
water trusts, and willing landowners. All of these approaches for
stream restoration will be necessary to sustain or recover the 700 fish
species in decline in North America.
Increased funding through FWS, BLM, and FS in fiscal year 2010 will
also support the NFWF's ongoing conservation grant programs including
Bring Back the Natives, Pulling Together Initiative, Great Lakes
Watershed Restoration Fund, Long Island Sound Futures Fund, and
Chesapeake Bay Stewardship Fund. FWS funding is also critical to our
marine and coastal initiatives, such as the Coral Reef Conservation
Fund and International Sea Turtle Conservation Fund. These grant
programs, which effectively leverage funds from multiple Federal
agencies and corporate partners, continued positive results in 2008
with priority project requests far exceeding available funds.
The Washington State Community Salmon Fund provides community-based
grants to assist rural communities, farmers, ranchers and other private
landowners with salmon habitat conservation projects. We appreciate the
subcommittee's continued support of this partnership, which has also
includes funding and participation from the Washington Salmon Recovery
Funding Board, the Washington Conservation Commission, King County,
Washington and Pierce County, Washington and benefits every major
salmon-bearing watershed across Washington. As of January 2009, the
Fund has supported 391 grants, resulting in improved fish passage and
habitat on more than 1,000 miles of streams, rivers, and marine
shorelines and restoration of more than 30,000 acres of complex
ecosystems. Federal funds are more than doubled by partners and
grantees at the local level and more than 20,000 local volunteers have
assisted with projects in all 27 lead entity salmon recovery areas of
Washington State.

EFFICIENCY, PERFORMANCE MEASURES, AND ACCOUNTABILITY

As you know, the NFWF has taken important strides to strengthen our
performance measures and accountability. For example, the NFWF is
working with scientists and other experts to develop species-specific
metrics for each of our keystone initiatives that we will use to
measure our progress in achieving our conservation outcomes. Our grant
review and contracting processes have been improved to ensure we
maximize efficiency while maintaining strict financial and evaluation-
based requirements. We have enhanced our Web site with interactive
tools such as webinars and a grants library to enhance the transparency
of our grant-making, and instituted a new paperless application and
grant administration system. In 2009, we will continue our efforts
improve communication between and among our stakeholders and
streamlining of our grant-making process.
The NFWF's grant-making involves a thorough internal and external
review process. Peer reviews involve Federal and State agencies,
affected industry, nonprofit organizations, and academics. Grants are
also reviewed by the NFWF's issue experts, as well as evaluation staff,
before being recommended to the Board of Directors for approval. In
addition, according to our congressional charter, the NFWF provides a
30-day notification to the Members of Congress for the congressional
district and State in which a grant will be funded, prior to making a
funding decision.
Once again, Madam Chairman, we greatly appreciate your continued
support and hope the subcommittee will approve funding for the NFWF in
fiscal year 2010.
______

Prepared Statement of the National Humanities Alliance

Chairman Feinstein and members of the subcommittee: On behalf of
the National Humanities Alliance and its 102 member organizations and
institutions, we write to express strong support for the National
Endowment for the Humanities (NEH). Our members, and the thousands of
teachers, scholars, humanities organizations, and institutions they
represent, use NEH grants to maintain a strong system of academic
research, education, and public programs in the humanities. We urge you
to provide the NEH with at least $230 million in fiscal year 2010,
including: $50 million for competitive grant programs and $25 million
for operating grants to State humanities councils. This funding level
would represent a $75 million increase more than the fiscal year 2009
enacted level, and would allow NEH to meet significant unmet needs at
both the Federal and State levels.

UNMET NEEDS

As the single largest source of support for the humanities, NEH
funding is critical to the health of our Nation's education and
research infrastructure. NEH represents a unique funding source for
nonprofit institutions central to the education and the cultural life
of our Nation's citizens, including: 2- and 4-year colleges,
universities, local education associations, museums, historical
societies, libraries, independent research institutions, scholarly
societies, and State humanities councils. Unfortunately, demand for
humanities project support, as demonstrated by NEH application rates
and feedback from the field, far exceeds funding available. In fiscal
year 2008, applications for NEH grants in all programs represented $421
million in requested funds, more than three times the program dollars
obligated for that year.
At the national level, only 16 percent of competitive, peer-
reviewed project proposals were funded, compared to a 26 percent
funding rate for merit-reviewed projects at the National Science
Foundation (an agency similar to NEH in its mission to strengthen
education and research at all levels in its sector). We estimate that
at least $40 million would be required to help close this opportunity
gap by allowing NEH to increase the number of applications accepted for
critical, underfunded programs, such as:
--fellowships for college/university faculty and independent
scholars;
--classroom curriculum and materials development;
--preservation of historically significant collections and resources;
--digital humanities workshops for teachers and faculty;
--public media projects in film, radio and television; and
--capacity-building challenge grants to humanities institutions.
Additional funding of at least $10 million is also needed to allow
NEH to begin to introduce or expand targeted support in several areas
where Federal leadership is essential, including: international
education and global society perspectives (at all levels of learning),
digital humanities projects, graduate education, and data collection
and dissemination of information on the state of the humanities.
NEH is the only Federal research agency that does not have funding
to support graduate students, or engage in regular collection and
analysis of data on the health of the fields it serves.
Our request would also strengthen the capacity of State humanities
councils to support local cultural and educational institutions,
teaching and learning resources, family literacy programs, community
discussion groups, and programs for new citizens. A recent survey of
State council capacities and resources has identified $150 million in
funds needed for programs and infrastructure support in their States.
State councils seek to secure half this figure in Federal funding over
the next 3 years.
NEH has the capacity to operate at much higher funding levels.
While NEH has made much-needed funding gains in recent years, its
current budget of $155 million is still far below historical levels.
For example, in 1994, NEH was funded at $258 million when adjusted for
inflation; and at its peak in 1979, NEH was funded at $431 million in
2008 constant dollars. While some additional administrative funds would
likely be needed to oversee grants at the levels suggested, the
structure is already in place for NEH to immediately fund more,
excellent projects in a way that is proven, competitive, transparent,
and accountable.

THE HUMANITIES AND THE ECONOMY

In an increasingly knowledge-based global economy, study of the
humanities--languages, literatures, philosophy, the arts, religion,
anthropology, government, and other related fields--are prerequisites
for vocational mobility, personal growth, and civic participation. In
addition, the humanities impart practical knowledge and skills needed
by all Americans, including reading, writing, language proficiency,
critical thinking, moral reasoning, effective communication, historical
knowledge, civic awareness, and cultural literacy.
Investment in broad-based education through the humanities is
essential to our Nation's long-term economic well-being, and to our
continued status as a world leader. The 1965 legislation that
established the NEH states:

``An advanced civilization must not limit its efforts to science
and technology alone, but must give full value and support to the other
great branches of scholarly and cultural activity in order to achieve a
better understanding of the past, a better analysis of the present, and
a better view of the future.''

Unfortunately, in the 40 years since NEH's founding, Federal
investment in the humanities has lagged behind other fields; and it
continues to fall further behind as billions of Federal dollars are
rightly invested in science and engineering research and education each
year. (For example, NEH funding today represents only 2.5 percent of
National Science Foundation funding, compared to 16 percent 30 years
ago.) We cannot allow this gap to grow unheeded.
As the economic recession deepens, it is critical that the Federal
Government reinvigorate its investment in the humanities, or we risk
losing a generation of young students, scholars, and researchers.
Serious long-term challenges posed by rapid globalization, economic
crisis, and threats to our national security require solutions informed
by the humanities. As a Nation, we must cultivate deep expertise and
knowledge in all areas of learning, and support the full range of our
citizens' talents--from math and science, to history and foreign
languages. And we must also ensure broad, equitable access to high-
quality humanities instruction throughout our Nation's K-12 and higher
education institutions.
John Hope Franklin, a leading U.S. historian who passed away this
year at the age of 94, once stated:

``I want to be out there on the firing line, helping, directing or
doing something to try to make this a better world, a better place to
live.''

His words express the sentiments of scholars around the country who
are working to address pressing policy issues, from cultural
anthropologists lending their expertise to make sure that vaccines are
used effectively in developing countries, to historians re-examining
current issues like race, poverty, and immigration in America, to
college/university faculty volunteering with family literacy programs,
to linguists documenting disappearing languages among Native Americans
and populations around the world, to curators repairing documents and
other artifacts damaged by flood waters.
The humanities workforce should be recognized as a driver of our
Nation's long-term recovery efforts, as well as a sector deserving of
Federal investment to address serious economic pressures facing these
fields. The humanities workforce is significant--according to data
published in the newly released Humanities Indicators
(www.humanitiesindicators.org), more than $2.5 million Americans are
engaged in a broad range of humanities professions, including:
--K-12 teaching;
--postsecondary teaching (including college/university, business, and
Government posts);
--newspaper, periodical, book, and directory publishing;
--humanities professions (librarians, editors, writers/authors,
archivists, curators, museum technicians, interpreters,
translators, historians); and
--other related professions (news analysts, reporters,
correspondents, tour guides, audiovisual collections
specialists).
Unfortunately, negative pressures are threatening the humanities
workforce. Especially troubling are threats to the pipeline of young
scholars and teachers, as exemplified by field reports and data from
the humanities indicators:
--In 2000, the percentage of middle (29 percent) and high school
(37.5 percent) students taught by a highly qualified history
teacher was lower than for any other major subject area.
--Since 1990 mean math SAT scores have been higher than verbal
scores, so that by 2006 the mean math score was 15 points
higher than the mean verbal score (a reversal of historical
trends).
--Humanities faculty receive the lowest salaries of all fields. They
also have a higher proportion of part-time, nontenured
positions than their counterparts in the sciences and
engineering.
--As college/university departments face tightening budgets, the
availability of tenure-track positions is constricting;
humanities disciplinary associations report decreased numbers
of job openings through publication ads and annual meetings in
2009.
NEH cannot single-handedly address these issues, but its leadership
in these areas--research, education, preservation, public engagement,
data gathering--is needed now more than ever. Each year, NEH grants
support strengthened institutional capacity, jobs, and professional
development for thousands of scholars, educators, curators, librarians,
public historians, museum professionals, filmmakers and others around
the country. These funds are not only vital for the direct support
provided, but for the additional, non-Federal dollars stimulated by NEH
seed money--especially as endowments, State, and local funding,
individual giving, and other traditional sources of non-Federal support
constrict.

NEH CORE PROGRAMS

The NEH's national, core program competitions are at the center of
the agency's mission to create, preserve, and disseminate knowledge in
the humanities. Since 1994, these programs have suffered
disproportionately from budget cuts and inflation. Requested funds
would reinvigorate:
--NEH Research Grants, which support fellowships, stipends,
collaborative research, and scholarly editions. NEH application
success rates (less than 12 percent overall, and between 5.7-
7.8 percent for individual fellowships) confirm findings from a
recent questionnaire by the National Humanities Alliance that
identified funding for humanities research as the leading
priority among its members. Fiscal year 2008 application
requests in this division totaled $115 million.
--NEH Preservation and Access Grants, which support the preservation
of historically significant materials; training and education
of curatorial staff; the creation of reference materials and
new methods to increase access to them. According to the
Heritage Health Index, a 2004 survey conducted by Heritage
Preservation, only 37 percent of collecting institutions in the
United States report adequate storage and more than one-half
report damage to collections due to poor environmental
conditions for their collections. Fiscal year 2008 applications
totaled $85.8 million.
--NEH Challenge grants, which help local, State, and national
institutions secure humanities resources and activities through
fundraising as a means of building permanent resources for the
future. Since the program started, NEH Challenge grants have
leveraged $1.58 billion in non-Federal support. Fiscal year
2008 applications totaled $54.5 million.
--NEH education programs, which support professional development
workshops for teachers and faculty members, model curricula,
and classroom resources for the humanities for all grade
levels. Fiscal year 2008 applications totaled $48.7 million.
--NEH public programs, which support traveling exhibits and community
programs in local museums and libraries; film, television and
radio productions. NEH public programs reach literally millions
of Americans each year. Fiscal year 2008 applications totaled
$61.7 million.
Launched in fiscal year 2007, the Office of Digital Humanities
offers grants to support the use of digital technologies in conducting
research and presenting scholarship. Fiscal year 2008 applications
totaled $13.7 million.

CONCLUSION

We recognize that Congress faces difficult choices this year. We
ask the subcommittee to fund a significant increase for the NEH in
fiscal year 2010 as a necessary investment in the long-term well-being
of our Nation's economic, cultural, and civic institutions. We are
grateful for the subcommittee's vigorous support for the arts and
humanities, and would especially like to recognize the subcommittee's
leadership for the $10 million increase received by NEH for fiscal year
2009. Thank you for consideration of our request.
Founded in 1981, the National Humanities Alliance is a coalition of
nonprofit humanities organizations and indications dedicated to the
advancement of humanities education, research, preservation and public
programs (www.nhalliance.org).
______

Prepared Statement of the Northwest Indian Fisheries Commission

Mr. Chairman and the other honorable members of the subcommittee, I
am Billy Frank, Jr., Chairman of the Northwest Indian Fisheries
Commission (NWIFC). It is indeed a privilege to be among such a
distinguished cadre of tribal leaders who are also here to present
funding requests of their people. On behalf of the membership of the
NWIFC, I will speak to our natural resource management funding request
for the fiscal year 2010 budget for the Bureau of Indian Affairs (BIA)
and the Environmental Protection Agency (EPA). Without the details of
the President's fiscal year 2010 budget request, my comments are based
on my best analysis of what could be the outlook. Summary of NWIFC-
specific appropriations requests are:
Secure and Enhance Western Washington Fisheries Management Base Funding
$1.8 Million.--Restore reduction incurred in the President's fiscal
year 2009 budget: BIA/natural resources management/rights protection
implementation/U.S.-Canada Pacific Salmon Treaty (PST).
$12 Million Enhancement of Western Washington Fisheries Management
Base Funding.--BIA/natural resource management/rights protection
implementation/western Washington boldt.
Secure Funding for Newly Mandated Management Responsibilities
$4 Million--Increase Shellfish Management and Enforcement
Funding.--BIA/natural resource management/rights protection
implementation.
$1.5 Million--New Funding for Tribal Groundfish Management
Responsibilities.--BIA/natural resource management/rights protection
implementation.
Maintain the Timber-Fish-Wildlife (TFW) Program
$1.74 Million TFW Program.--BIA/natural resource management/rights
protection implementation.
Maintain the Mass Marking Program
$2.4 Million Mass Marking Program.--BIA/natural resource
management/rights protection implementation.
Protect Marine Resources of Puget Sound and Co-manage Natural Resources
$2 Million.--EPA/National Estuaries Program/Puget Sound
Partnership.
Protect Tribal Water Resources Through Cooperative Partnerships
$3 Million.--BIA water resource management.
$500,000.--United States Geological Survey (USGS) investigations.
Support and Enhance Tribal Water Quality Programs
$67 Million.--EPA's Nationwide General Assistance Program (GAP).
$3.5 Million.--Development of EPA GAP implementation.
Recover Salmon Through Hatchery Maintenance/Rehabilitation and Reform
$1.5 Million--Hatchery Maintenance/Rehabilitation.--BIA natural
resource management/fish and wildlife projects/fish hatchery repair.
$3.34 Million--Hatchery Reform Implementation.--BIA/natural
resource management/fish and wildlife projects.
Strengthen Tribal Wildlife Management and Assure Treaty-protected
Hunting Rights
$5 Million--Tribal Wildlife Management--Treaty Hunting Rights.--
BIA/Natural Resource Management/Rights Protection Implementation.
the northwest indian fisheries commission
Indian tribes have always inhabited the watersheds of western
Washington, with cultures based on harvesting fish, wildlife, and other
natural resources in the region. In the mid-1850s, a series of treaties
were negotiated between the Federal Government and the tribes in the
region. Through the treaties, the tribes gave up most of their land,
but also reserved certain rights to protect their way of life. The
promises of the treaties were quickly broken in the decades that
followed as the tribes were systematically denied their treaty-
protected rights by the State of Washington. In 1974, the tribes won a
major victory in United States vs. Washington (Boldt Decision), which
reaffirmed their treaty-protected fishing rights. The ruling--which has
been upheld by the U.S. Supreme Court--established the tribes as co-
managers of the resource who were entitled to 50 percent of the
harvestable number of salmon returning to Washington waters. Following
the ruling, the tribes created the NWIFC to assist them in conducting
orderly and biologically sound fisheries. More recent Federal court
rulings upholding treaty-reserved shellfish harvest rights have further
expanded the role and responsibilities of the tribes as natural
resource managers. Those rulings, combined with the interconnectedness
of all natural resources, mean that tribal participation is today
necessary in nearly all aspects of natural resource management in the
region.

REQUESTS JUSTIFICATION NARRATIVE

BIA/Natural Resource Management/Rights Protection Implementation
--$1.8 Million Restoration of cut in the President's Budget.--This
reduction, which targeted the PST, affects the NWIFC, as well
as the Columbia River Inter-Tribal Fish Commission and the
Metlakatla Indian Community. The NWIFC portion of this cut is
about 67 percent, or a reduction of $1.2 million. The tribes
and the NWIFC perform essential governmental services for the
BIA and the PST process, representing, negotiating, performing
research and monitoring, policy coordination, technical
assistance, and other contractual support. These monies are
critical for the successful renegotiation and implementation of
the treaty.
--$12 Million Enhancement of Western Washington Fisheries Management
Base Funding.--The tribes and the NWIFC request an increase of
$12 million for the base Western Washington Fisheries
Management program funding due to long-term increased
management obligations and costs. Base funding levels for
Tribal Natural Resources was initially set more than 30 years
ago. Funding declines in recent years are attributable to many
reasons; inflationary costs, rescissions and the overall
appropriations climate. Hence, today we are receiving less
funding than we did three decades ago but the level of
management responsibility has dramatically increased.
--$4 million for shellfish management and enforcement
The tribes request an increase of $4 million for base program
funding to support increased shellfish management needs. In 1999, the
Supreme Court denied cert. and let stand the favorable decision of the
9th Circuit Court which included guaranteed tribal rights to harvest
and gather shellfish for their commercial, ceremonial and subsistence
needs. Tribes need monies to implement this right, in much the same way
as they did after the original United States vs. Washington case was
decided. Tribes need new resources to develop several dozen new
management plans, collect information to assess treaty/nontreaty
sharing arrangements, to implement the shellfish sanitation consent
decree and to better monitor and enforce tribal regulations on deep-
water fisheries.
--$1.5 million for tribal groundfish management
The tribes request an increase of $1.5 million for base program
funding to support increased groundfish management needs. This
appropriation would fund groundfish management, monitoring and
enforcement for the four coastal treaty tribes who do not currently
receive funds for these activities such as data collection, analysis,
and monitoring. The transition to greater regional- and species-
specific management increases the demand for information and staff.
--$1.74 Million to Maintain TFW Program.--TFW has served as the
cornerstone-funding source for tribal habitat management
capabilities for almost 20 years. Since 2000, Congress has
provided an allocation for additional Tribal participation in
TFW and the Forest and Fish Report (FFR) development.
Originally at $3.08 million, this level was decreased in fiscal
year 2006, but has been supplemented by annual funds from the
State of Washington. An additional $1.74 million is needed to
supplement the State funding to make the tribal program whole
as it implements the adaptive management provisions of the TFW/
FFR Plan, which has been made a part of a section 10, Habitat
Conservation Plan under the Endangered Species Act.
--$2.4 Million to Maintain the Mass Marking Program.--These funds are
needed to fully mark salmon at tribal hatcheries and to use
these marked fish to scientifically monitor salmon populations
and watersheds in Western Washington pursuant to the Federal
requirement to mass mark Pacific Salmon reared in facilities
funded by Federal dollars. Plans to implement more extensive
selective fisheries require additional funding with the total
cost expected to be at least $2.4 million in fiscal year 2010.
--$5 Million Tribal Wildlife Management--Treaty Hunting Rights.--
Wildlife management is a new initiative needed to ensure that
tribal treaty rights to hunt are being fulfilled. An
appropriation of $5 million is requested to allow each tribe to
develop basic infrastructure to deal with tribal wildlife
management and treaty hunting rights. This funding would also
provide project monies for competitive grants.

BUREAU OF INDIAN AFFAIRS/U.S. GEOLOGICAL SURVERY/COOPERATIVE WATER
RESOURCES PLANNING

--$3.5 million for tribal water resource protection
This funding request of $3.5 million supports a partnership between
tribes and the Department of the Interior through the USGS and the BIA.
This partnership will provide for the collection and organization of
water resources data important to supporting tribes individually and
collectively in the management and planning necessary to protect their
treaty and reserved water rights. This will require new funding from
the BIA to the individual tribes. The tribes are seeking new financial
resources to refine and implement the technical strategy. While tribes
have in place some of the expertise to accomplish components cited
above, most notably biology and water quality, inadequate levels of
personnel and expertise hinder our ability to accomplish the other
tasks.
bureau of indian affairs/hatchery maintenance/rehabilitation and reform
--$1.5 Million Salmon Restoration.--BIA/natural resource management/
fish and wildlife projects/fish hatchery repair
--$3.34 Million Salmon Restoration.--BIA/natural resource management/
fish and wildlife projects/hatchery reform implementation or
NOAA/pacific salmon/Pacific Coastal Salmon Recovery Fund
(PCSRF)
This package supports hatchery maintenance and rehabilitation and
hatchery reform implementation funding, which in recent years has come
from both the BIA/fish hatchery repair and the NOAA fisheries/PCSRF
accounts. In fiscal year 2009, the BIA/fish hatchery repair account was
increased by $500,000. In fiscal year 2010, $1.5 million is needed in
fiscal year 2010 to address the backlog of repair within the BIA fish
hatchery system; $3.34 million is needed to address currently
identified hatchery reform projects.
environmental protection agency/national estuaries program/puget sound

PARTNERSHIP/GAP IMPLEMENTATION

--$2 Million Puget Sound Partnership.--Marine resources are essential
to all NWIFC tribes. The emerging Puget Sound Partnership
conveniently brings together key marine issues and focuses on
salmon recovery, land use management and regulatory changes.
There is a huge need for additional funding. Tribes will need
to be funded at $2 million so that they can participate in the
necessary scientific work and process and policy discussions
that this partnership entails.
--EPA/GAP
We support full funding of the EPA Indian GAP at $67 million as
this capacity funding is critical to the tribes' ability to sustain
their important water quality programs.
--EPA/GAP implementation
We support the development of an implementation program that
logically follows the capacity building under the GAP. These existing
programs represent a substantial investment from the tribes and EPA and
are the foundation that will support new programs. Tribes in western
Washington have agreed to partner with EPA region 10 toward development
of a pilot demonstration project effort to create a pathway from
capacity development to implementation. The initial cost for this
effort would be $3.5 million, which would provide coordination,
technical assistance and start up costs.
Thank you for allowing me to present these requests to you today.
______

Prepared Statement of the National Institutes for Water Resources

Mr. Chairman, thank you for this opportunity to provide a statement
in support of funding programs authorized under the Water Resources
Research Act (42 U.S.C. 10301 et seq.), which Congress unanimously
reauthorized in 2006 in Public Law 109-471. The act authorizes a
program of grants through fiscal year 2011 to the Nation's 54 State and
territorial water resources research institutes for research,
education, and outreach focused on water supply improvement. The
National Institutes for Water Resources (NIWR) respectfully recommends
an appropriation of $8,800,000 in the fiscal year 2010 U.S. Geological
Survey (USGS) budget for the Water Resources Research Institute Program
(the act authorizes an appropriation of $18,000,000.) These funds will
be allocated as follows:
--$7,000,000 for competitive water supply research seed grants,
technology transfer, professional education, and outreach to
the water-user community by the Institutes ($125,000 per
institute);
--$1,500,000 to support the national competitive research grants
program; and
--$300,000 for program administration by the USGS.
I am Will Focht, Director of the Oklahoma Water Resources Research
Institute. In addition, I am president-elect of the NIWR, the
association of the individual Institutes established under the Water
Resources Research Act.
Urgency of Water Supply Improvement.--Two National Research Council
(NRC) reports (``Envisioning the Agenda for Water Resources Research in
the Twenty-First Century'' in 2001 and ``Confronting the Nation's Water
Problems: The Role of Research'' in 2004) thoroughly examined the
urgency and complexity of water resources issues facing the United
States. The following challenges are cited as reasons for these
studies:
--Abundant evidence demonstrates that the condition of water
resources in many parts of the United States is deteriorating;
--Demand for water resources to support population and economic
growth continue to increase, although water supplies to support
this growth are fully allocated in most areas;
--In some areas, the availability of sufficient water to service
growing domestic uses is in doubt, as is the future sufficiency
of water to support agriculture in an increasingly competitive
and globalizing agricultural economy;
--Repair of the aging water infrastructure will require hundreds of
billions of dollars;
--The frequency and magnitude of damages attributable to droughts and
floods are increasing, providing evidence of increasing
vulnerability to extreme climate and weather events;
--The threat of waterborne disease remains, as exemplified by
outbreaks of cryptosporidium, as well as chronic exposure to
agricultural contaminants such as nitrates and pesticides; and
--Resource management institutions have limited capacity to manage
aquatic habitats to improve species diversity and provide
ecosystem services, while also meeting human needs.
These reports identify 43 areas where the need for improved water
resources management is critical. The following examples highlight the
importance of increasing our understanding of the interdependence of
water quantity and quality; the balance between human and ecological
water uses; and the legal, institutional, and social factors that
contribute to sustainable water resources management.
--Improvement of existing supply enhancing technologies such as
wastewater treatment, desalinization, and groundwater banking.
--Understanding of the impact of land-use changes and best management
practices on pollutant loading to waters, ecosystem services,
and biodiversity.
--Understanding and prediction of the frequency and causes of floods
and droughts.
--Understanding of global climate change and associated hydrologic
impacts.
--Development of more efficient water use strategies and optimization
of the economic return for the water use in all sectors.
--Development of legal regimes that promote conjunctive use of
surface and ground water.
--Development of adaptive management as the best approach to water
resources management.
--Understanding of the role of the private sector in achieving
efficient water services.
--Development and evaluation of alternative processes for stakeholder
participation in the formulation and implementation of water
policies and plans.
Justification for Federal Funding of Water Resources Research.--
Several reasons for Federal support of water resources research can be
given. First, authorized by Congress in 1964 the Institutes conduct
``research that fosters (A) improvements in water supply reliability;
(B) the exploration of new ideas that (i) address water problems; or
(ii) expand understanding of water and water-related phenomena; (C) the
entry of new research scientists, engineers, and technicians into water
resources fields; and (D) the dissemination of research results to
water managers and the public.''
Second, water resources are defined not by State boundaries but by
physical geography. What happens to surface and ground waters in
upstream States affects water availability and quality in downstream
States. Federal support of water research can more effectively address
interstate water resource management challenges than can individual
States.
Third, most water problems faced by a State are shared by many
States. Federally funded research allows an efficient, nonduplicative,
and comprehensive approach to these problems.
Fourth, the Federal Government already plays a significant role in
water resource management through its water quality regulations
administered by the Environmental Protection Agency as well as water
management programs administered by the Army Corps of Engineers and
Bureau of Reclamation.
Fifth, the water resource research Institutes leverage Federal
funds to obtain at least two non-Federal dollars for each Federal
dollar. Thus, the Federal appropriation results in a larger pool of
research funding. Without this leverage, research support would
decrease by far more than the Federal funds allocated. In Oklahoma, for
example, Federal research dollars are matched with State dollars to
sponsor research totaling $750,000 over 5 years in support of the
State's comprehensive water planning process. This Federal/State/
university effort would not exist without the funding from the Water
Resources Research Act.
Sixth, the national competitive research program authorized under
the Act provides Federal grants that focus on regional and interstate
water resources problems beyond those affecting single States, which
must also be matched dollar-for-dollar with non-Federal funds. By
continuing and enhancing these collaborative efforts, Institutes can
better address critical issues on long-term water planning and supply
that exceed the resources of any one State.
Seventh, Federal support of water research, outreach, and education
is consistent with the concept of water as a public good. As such,
State and local governments and private entities cannot produce as much
as can be justified by the overall value of the resource.
Institutes Conduct Applied Water Research Tailored to State and
Regional Priorities.--Our Institutes are uniquely positioned to conduct
water resources research in several ways.
--Institutes are not limited by a policy-driven or regulatory mission
and thus can address the entire spectrum of water resources
issues, including gaps between Government agencies. By focusing
on science, the program serves as an objective broker of
information among a wide range of constituencies.
--Institutes examine long-term consequences of policies and
recognizing long-term problems across all water-related
disciplines.
--Institutes are more flexible in addressing emerging problems and
more adaptable to local cultures, institutions of governance,
and regional socio-economic and physical conditions.
--Institutes and academic researchers are more likely than mission-
driven agencies to consider institutional, in addition to
technical, solutions.
--Institutes provide hands-on educational opportunities to develop
the highly trained workforce necessary to build national
capacity for sustainable water resource management.
--Technology transfer programs at each Institute provide
scientifically credible communication of research needs and
results upward from the States and localities to Federal
agencies and downward from these agencies to users of research
results.
--Institutes are experienced in assessing priorities for research
through advisory boards with representatives from virtually all
interested agencies and nongovernmental organizations.
--Institutes provide information to increase the efficiency of
Federal water resources research investment by identifying
research gaps and avoiding redundancies.
--Institutes fill research gaps to improve the effectiveness of water
resources management.
--Institutes are held accountable for expenditures as well as for the
quality and relevance of scientific results and the vigor of
outreach programs via a triennial quality-review process.
--NIWR is an established network of immense and geographically
diverse capabilities on the cutting edge of virtually every
facet of water resources. The network facilitates regional as
well as State and local cooperation.
--Institutes operate their competitive research programs through a
single computerized research management system managed by NIWR
and the USGS. There is no other comparable avenue for such
multidirectional coordination and communication.
--Institutes have direct access to expertise in the many disciplines
related to water resources. Institutes are uniquely positioned
to address the interdisciplinary challenges of sustaining the
reliability of water supplies in the face of new challenges and
uncertainties. For 44 years, Institutes have conducted
independent, objective, and scientifically credible research
that links science to innovative and cost-effective policies.
Conclusion.--The activities authorized under the Water Resources
Research Act are high-quality, cost-efficient, relevant, and needed.
Quality.--In both the State and national research programs,
projects are selected for funding on a competitive basis, relying on
the reviews of peer scientists, economists, and engineers. The
performance of each Institute is evaluated every 3 years by an
independent, USGS-appointed panel. The most recent USGS evaluation
report stated, ``The vast majority of institutes are strong and
thriving and a significant subset is very strong and distinguished . .
. the institute program, with its federal-state matching requirement,
is an important and significant part of the nation's water resources
research infrastructure.'' (emphasis in original)
Efficiency.--The water institutes must match each Federal dollar
from their base grants with two non-Federal dollars. This is the
highest match requirement of any Federal research program. The national
competitive grants program requires a 1:1 match. The overall leveraging
ratio for all of the Institutes, counting funding from all sources, is
more than 14:1. During fiscal year 2008, Institutes sponsored 1,042
research projects across the Nation, generated nearly 1,000 technical
publications, conducted 142 conferences and workshops, and supported
the research of 983 students. Only 6.8 percent of the programs'
expenditures are dedicated to administrative overhead, which is quite
frugal.
Activity Relevance.--Congress was quite deliberate in directing the
establishment of water Institutes at land grant universities because
they specialize in identifying problems within their States, developing
solutions, and conducting technology transfer. The act requires that
Institutes' consult with panels of external advisors representing the
water interests in their States. Regional and national priorities are
addressed when the Institutes collaborate on larger projects or conduct
research under the national competitive grants program.
Need.--Congressional designation of water resources research
institutes as focal points of water investigation and outreach enable
the Institutes to exist and leverage Federal funding against funding
from non-Federal sources. It is likely that 30 percent of the
institutes would cease to exist without the Federal funding authorized
by the Water Resources Research Act. Others would greatly curtail their
activities. In many States, it is doubtful that the university system
would be such a strong contributor to the water resources knowledge
base without this ``seed money'' provided by Congress.
The investments the subcommittee makes in the USGS and its programs
underpin responsible natural resource stewardship and contribute to the
long-term health, security, and prosperity of the Nation. Together, the
Survey and the institutes address critical public needs and are a
reasonable priority within an appropriations bill. We commend Secretary
Salazar and the new administration for requesting $6,500,000 for the
Water Resources Research Act program in fiscal year 2010. The
administration's request recognizes the value this collaborative
research program brings to solving national, regional and State water
problems, but we believe more should be done. Respectfully, we urge the
subcommittee to provide $8,800,000 for the Water Resources Research Act
program for the upcoming fiscal year.
Mr. Chairman, the water Institute directors appreciate the strong
support this subcommittee has given to the Water Resources Research Act
program and to the USGS. I hope that the Nation's water resource
research institutes have earned your continued confidence. The
Institute directors are ready to work with you and other stakeholders
to address the water challenges we face in the future through research,
education, professional training, technology transfer, and information
exchange.
______

Prepared Statement of the National Mining Association

NATIONAL MINING ASSOCIATION (NMA) RECOMMENDATIONS

Department of the Interior
U.S. Geological Survey (USGS)--Mineral Resources Program (MRP).--
Fund the MRP at the increased level of $53 million in the
administration's request and support increased funding of $16 million
for the Minerals Information Team (MIT).
Bureau of Land Management (BLM)--Mining Law Administration.--
Support the $2 million increase for administration of the mining law
program.
Office of Surface Mining.--Reject the administration's proposal to
eliminate mandatory payments to States and tribes that have been
certified as having completed reclamation of their abandoned coal mines
under the Surface Mining Control and Reclamation Act's abandoned mine
land (AML) program.
U.S. Environmental Protection Agency (EPA)
Methane to Markets.--Support funding for EPA's coordination of and
participation in the Methane to Markets program.
mineral resources program--minerals information team (mit)
The USGS is the source for the majority of the United States'
statistical data on mining and mineral commodities. The collection,
analysis and dissemination of this information is a Federal
responsibility that cannot be duplicated in either the private sector
or by other levels of government, and is in fact mandated by the
Defense Production Act of 1950, as amended in 1980 and 1992.
The Mineral Resource Program's MIT within USGS is the leading
source of unbiased research on the Nation's mineral resources. The
guidance and research the program provides is vital in maintaining the
growing value of processed materials from mineral resources that
accounted for $609 billion in U.S. economic activity in 2008, as well
as assessing the environmental impacts of mining.
The statistical and analytical information provided by the MIT
provides the basis for informed policy decisions and is extensively
used by Government agencies, members of Congress, State and local
governments, as well as industry, academia, and nongovernmental
organizations. Collection of this information provides a fundamental
service to the Nation. Specifically, the U.S. Federal Reserve Board
uses the data for calculating the Nation's leading economic indicators,
the U.S. Department of Commerce's Bureau of Industry and Security uses
the data and analysis to resolve trade disputes, the Federal Reserve
Board uses global minerals information to prepare economic forecasts,
and U.S. intelligence agencies use the data to understand the effect
changes in natural resource markets have on economic and political
stability of developing countries.
Mineral resource supply and demand issues are global in nature, and
our Nation is becoming more dependent upon foreign sources to meet our
metals and minerals requirements. For example, the United States has
become more than 50 percent reliant on 43 of the 81 mineral commodities
essential to the economy and 100 percent reliant on 18.
In real terms, the MIT has been severely constrained by an ever-
decreasing budget (a nearly 30 percent decline) since 1996 when the
mineral assessment group was incorporated in to the USGS. In order to
restore its budget to levels intended when the group was moved to the
USGS more than a decade ago, MIT would need to be funded at $24
million. NMA encourages full funding for this important program.

MINING LAW ADMINISTRATION PROGRAM

NMA believes BLM's Mining Law Administration Program (MLAP) is an
agency facing ever-growing responsibilities and obligations to process
notices and plans of operations necessary for domestic exploration and
mining projects. NMA supports the administration's request for $2
million in additional funding. The number of mining claims filed over
the past 6 years has increased by more than 600 percent. In 2002, only
15,407 new mining claims were filed as compared to 92,284 in 2007.
During the same time frame, the number of full-time equivalent (FTE)
employees assigned to the program fell from 359 to 298.
Additional staffing and other resources are necessary in order to
process the notices and plans of operations required for expanding our
domestic mineral supplies. Delays in obtaining permits and other
authorizations remains a substantial impediment to the financing and
development of mining projects in the United States. The National
Academy of Sciences found that the permitting of domestic mining
projects entails an inordinate amount of time and resources. According
to Behre Dolbear, the United States ranks among the lowest of the top
25 mining nations in terms of time and expense for obtaining required
permits for mineral exploration and development. The consequence of
this state of affairs is substantially longer lead times to get
projects up and running so that they begin to generate a return on
investment. As a result, permitting delays discourage companies from
exploring in the United States and impair the ability to attract the
capital investment required for mine development. In short, investment
capital flows to where investors will experience a quicker return on
their investment.
In a 2005 report to Congress, BLM identified insufficient staffing
as one cause of permitting delays, noting that many BLM offices were
not backfilling positions as they were vacated. BLM recommended that a
portion of the increased location and maintenance fees could be used to
maintain adequate staffing levels needed to review, analyze and approve
plans of operations. NMA agrees that the increased location and
maintenance fees should be used to address MLAP budget needs.
To address this regulatory bottleneck that impairs our Nation's
economic growth and security, NMA provides the following
recommendations:
--Some portion of the location and maintenance fees collected that
exceed the MLAP budget should be dedicated to the MLAP instead
of being deposited to the General Fund--in 2007, the amount
collected from such fees exceeded the budgeted amount by more
than $24 million. Such funds would allow the hiring by BLM
State offices of approximately 100 FTEs to allow either
backfilling of currently vacated positions or new hires; and
--Allocation of funds to the State offices should be prioritized
based on the number of notices and plans filed in each office
and current unfilled openings in MLAP.
office of surface mining--abandoned mine land program
NMA supports the administration's request of $127 million for
regulation and technology for the Office of Surface Mining, an increase
from the $120 million enacted in 2009. However, we oppose the proposal
to cut the abandoned mine reclamation fund to $32 million and eliminate
mandatory payments to States and tribes that have been certified as
having completed reclamation of their abandoned coal mines under the
Surface Mining Control and Reclamation Act's abandoned mine land
program.

METHANE TO MARKETS

NMA supports the EPA's coordination of and participation in the
Methane to Markets program. Methane to Markets is an international
private sector and Government partnership initiative launched in 2004
that aims to lower emissions by promoting methane recovery and use and
it targets coal mines, landfills, and natural gas facilities. The
United States provides administrative support to the program, chairs
the partnership's steering committee and is also co-chair of the
programs' coal subcommittee.
______

Prepared Statement of the New Mexico Game and Fish Commission

Madam Chairman and honorable members of the subcommittee: I
appreciate the opportunity to present testimony in support of an
important land acquisition project in the Gila National Forest (NF) in
New Mexico. An appropriation of $3 million in fiscal year 2010 from the
Land and Water Conservation Fund (LWCF) is needed for the Forest
Service to acquire the 730-acre second phase of the 1,560-acre Bear
Creek Ranch.
I also respectfully urge a substantial increase in overall funding
for the Land and Water Conservation Fund (LWCF), specifically urging
the subcommittee to provide $325 million for the Federal LWCF in the
fiscal year 2010 Interior and environment appropriations bill. And, we
are most thankful that the Obama administration budget recognizes the
importance of these programs by proposing significant increases for
fiscal year 2010 and setting a goal to achieve full funding of the LWCF
in the next 5 years.
At more than 3.3 million acres, the Gila NF in southwestern New
Mexico is the sixth largest national forest in the contiguous United
States. The forest is marked by rugged mountains, isolated canyons,
quiet meadows, and desert. The biological and geographical diversity of
the forest is measured by the range of elevation, from 4,200 feet to
10,895 feet at the summit of White Water Baldy mountain. The varying
landscapes provide habitat for elk, deer, antelope, bighorn sheep, wild
turkey, black bear, and mountain lion.
The Gila NF is noted for its contribution to wilderness protection
in the United States. Aldo Leopold, an ecologist, writer, forester,
hunter, fisherman, and environmentalist, worked for the U.S. Forest
Service (USFS) in the Southwest for more than a dozen years in the
early 20th century. Many of those years were spent in the Gila forests
and mountains, conserving the land, observing nature, and enjoying its
recreational splendor. Leopold successfully argued for special
protection of the forest, and in 1924, the Federal Government
recognized a portion of the Gila as wilderness. It was the first such
designation and predated the passage of the landmark Wilderness Act by
40 years. Today, the Gila NF includes two large wilderness areas: the
Aldo Leopold and Gila wilderness areas. Together they protect more than
760,000 acres of forestland--more than in any other national forest in
the Southwest--and are a treasure for backpackers and outdoorsmen.
One outstanding natural feature of the national forest is the Gila
River. Running east to west from New Mexico into Arizona over a course
of nearly 650 miles, the river is one of the longest desert rivers in
the world. The Gila River watershed, the headwaters of which lie in the
center of the national forest, is a significant stopover point for more
than 250 species of migratory birds. Within New Mexico, the river is
unobstructed by dams, but its waters are heavily used for agricultural
and drinking supplies. Concerned about the future of the river and its
exceptional watershed, ``American Rivers'' named the Gila to its 2008
America's Most Endangered Rivers list.
Available for acquisition in fiscal year 2010 is Bear Creek Ranch.
At 1,560 acres, the ranch is the largest private inholding remaining in
the Gila NF. Instead of having a dense contiguous acreage, the property
extends for 8 miles along Bear Creek, a tributary of the Gila River. It
is rare for the Forest Service to have the opportunity in New Mexico or
indeed anywhere in the West to acquire a tract covering such a long
stretch of an important riparian corridor and watershed. Accordingly,
the parcel is a top priority acquisition for the USFS in New Mexico and
in the region for fiscal year 2010. The acquisition of the property
will be divided into two equal phases of 780 acres. The first phase is
planned for purchase by the Gila NF in 2009 using Sisk Act funds
accumulated in New Mexico.
Given the property's shape and overlap with the Bear Creek
watershed, it has significant ecological and water resource value.
Close to the creek are numerous cottonwoods and willows, while further
away are ponderosa pines, oaks, and meadows. The riparian corridor
provides important habitat for wildlife that thrive in the larger
national forest. The canyon includes several waterfalls. The course of
Bear Creek supports native fish including longfin dace, desert sucker,
Sonora sucker, and loach minnow. The documentation of loach minnow--a
federally listed threatened species--is the first in New Mexico in
several decades. In the United States the species is only found in New
Mexico and Arizona. The Sonora sucker and desert sucker are Federal
species of concern.
Inclusion of the property in the Gila NF would greatly ease USFS
land management demands in the Bear Creek corridor. The inholding is
almost entirely surrounded by existing public lands. Upon acquisition,
the Forest Service would not need to monitor and maintain the 17-mile
boundary along the property. Public acquisition would also improve fire
management and public access for outdoor recreation. The Forest Service
is planning to convert a dirt road that follows the course of Bear
Creek into a recreational trail for hikers, bikers, and equestrians. In
addition, both the Continental Divide National Scenic Trail and the
federally designated Trail of the Mountain Spirits Scenic Byway run
near the property, which lies just south of the Gila wilderness.
Currently the owners of the ranch are working to conserve their
land by selling it to the Forest Service. However, if this cannot be
achieved, the property is likely to be sold, opening the Bear Creek
corridor to fragmented ownership and ranchette development. That
scenario would greatly exacerbate public concerns about fire management
and access throughout an 8-mile creek corridor and section of the
national forest.
The LWCF is our Nation's premier program to acquire and protect
lands in national parks, national wildlife refuges, national forests,
Bureau of Land Management units and other Federal land systems. This
program faces an extensive and growing backlog of land acquisition
needs across the Nation. Public lands provide innumerable social and
economic benefits including a healthy lifestyle, protection of
watersheds and drinking water supplies, wildfire reduction and
prevention, and assistance to wildlife and fisheries as they adapt to
climate change. We urge you to renew this wise investment in America's
natural heritage and take steps to toward full and consistent funding
of these vital programs.
Madam Chairman and distinguished subcommittee members, I want to
thank you for this opportunity to testify on behalf of this important
national protection effort in the Gila NF, and I appreciate your
consideration of this funding request.
______

Prepared Statement of the New Mexico Interstate Stream Commission

SUMMARY

This statement is submitted in support of fiscal year 2010
appropriations for Colorado River Basin salinity control program
activities of the Bureau of Land Management (BLM). I urge that at least
$5,900,000 be appropriated for the BLM within the land resources
subactivity: soil, water, and air management for activities that
benefit the control of salinity in the Colorado River Basin, and of
that amount, $1,500,000 be marked specifically for the Colorado River
Basin Salinity Control Program. This request represents an increase of
$700,000 in that amount requested by BLM to provide for the needed
Colorado River Basin salinity control activities of the BLM.

STATEMENT

The Colorado River Basin Salinity Control Forum (Forum) is
comprised of representatives of the seven Colorado River Basin States
appointed by the respective Governors of the States. The Forum has
examined all of the features needed to control the salinity of the
Colorado River. Those features include activities by the cooperating
States, the Bureau of Reclamation, the Department of Agriculture, and
the BLM. The salinity control program has been adopted by the seven
Colorado River Basin States and approved by the Environmental
Protection Agency as a part of each state's water quality standards.
Also, water delivered to Mexico in the Colorado River is subject to
Minute 242 of the United States treaty with Mexico that sets limits on
the salinity of the water.
About 75 percent of the land in the Colorado River basin is owned,
administered, or held in trust by the Federal Government. BLM is the
largest landowner in the Colorado River Basin, and manages public lands
that are heavily laden with salt. When salt-laden soils erode, the
salts dissolve and remain in the river system, affecting the quality of
water used from the Colorado River by the Lower Basin States and
Mexico. BLM needs to target the expenditure of at least $5.9 million
for activities in fiscal year 2010 that benefit salinity control in the
Colorado River Basin. In addition, BLM needs to target the expenditure
of $1,500,000 of the $5.9 million specifically for salinity control
projects and technical investigations. Experience in past years has
shown that BLM projects are among the most cost-effective of the
salinity control projects.
As one of the five principal soil, water, and air management
program activities, BLM needs to specifically target $5.9 million to
activities that benefit the control of salinity on lands of the
Colorado River Basin. In the past, BLM has allocated $800,000 of the
soil water and air management appropriation for funding specific
project proposals submitted by BLM staff to the BLM salinity control
coordinator. The recently released annual report of the federally
chartered Colorado River Basin Salinity Control Advisory Council
reports that BLM has identified projects that could utilize funding in
the amount of $1.5 million for fiscal year 2010. Consequently, I
request that $1.5 million of the soil, water, and air management
subactivity be marked specifically for Colorado River Basin salinity
control activities. Achieving this level of appropriation for the
critically needed cost effective salinity control work by BLM requires
an increase of $700,000 in the BLM budget request of for the soil,
water and air management subactivity.
I believe and support past Federal legislation that finds that the
Federal Government has a major and important responsibility with
respect to controlling salt discharge from public lands. Congress has
charged the Federal agencies to proceed with programs to control the
salinity of the Colorado River Basin with a strong mandate to seek out
the most cost-effective solutions. BLM's rangeland improvement programs
can lead to some of the most cost-effective salinity control measures
available. In addition, these programs are environmentally acceptable
and control erosion, increase grazing opportunities, produce dependable
stream run-off and enhance wildlife habitat.
The water quality standards adopted by the Colorado River Basin
States contain a plan of implementation that includes BLM participation
to implement cost-effective measures of salinity control. BLM
participation in the salinity control program is critical and essential
to actively pursue the identification, implementation, and
quantification of cost effective salinity control measures on public
lands.
Bureau of Reclamation studies show that quantified damages from the
Colorado River to United States water users are about $350 million per
year. Unquantified damages increase the total damages significantly.
For every increase of 30 milligrams per liter in salinity concentration
in the waters of the Colorado River, an increase in damages of $75
million is experienced by the water users of the Colorado River Basin
in the United States. Control of salinity is necessary for the Basin
States, including New Mexico, to continue to develop their compact-
apportioned waters of the Colorado River. The Basin States are
proceeding with an independent program to control salt discharges to
the Colorado River, in addition to up-front cost sharing with Bureau of
Reclamation and Department of Agriculture salinity control programs. It
is vitally important that BLM pursue salinity control projects within
its jurisdiction to maintain the cost effectiveness of the program and
the timely implementation of salinity control projects to avoid
unnecessary damages in the United States and Mexico.
At the urging of the Basin States, BLM has created a full-time
position to coordinate its activities among the BLM State offices and
other Federal agencies involved in implementation of the salinity
control program. The BLM's budget justification documents have stated
that BLM continues to implement on-the-ground projects, evaluate
progress in cooperation with the U.S. Bureau of Reclamation and the
U.S. Department of Agriculture and reports salt retention measures to
implement and maintain salinity control measures of the Federal
salinity control program in the Colorado River Basin. BLM is to be
commended for its commitment to cooperate and coordinate with the Basin
States and other Federal agencies. The Basin States and I are pleased
with the BLM administration's responsiveness in addressing the need for
renewed emphasis on its efforts to control salinity sources and to
comply with BLM responsibilities pursuant to the Colorado River Basin
Salinity Control Act, as amended. While it is commendable that BLM's
budget focuses on ecosystems and watershed management, it is essential
that funds be targeted on specific subactivities and the results of
those expenditures reported. This is necessary for accountability and
effectiveness of the use of the funds.
I request the appropriation of at least $5.9 million in fiscal year
2010 for Colorado River salinity control activities of BLM within the
land resources subactivity: soil, water, and air management and that
$1,500,000 of that amount be marked specifically for the Colorado River
Basin Salinity Control Program, including projects and technical
investigations. This request is to provide for the increase of $700,000
specifically for Colorado River salinity control activities without
causing any reduction of other activities funded from the Soil, Water
and Air Management appropriation. I very much appreciate favorable
consideration of these requests. I fully support the statement of the
Colorado River Basin Salinity Control Forum submitted by Jack Barnett,
the Forum's Executive Director, in request of appropriations for BLM
for Colorado River salinity control activities.
______

Prepared Statement of the New Mexico Wildlife Federation

Madam Chairman and honorable members of the subcommittee: I
appreciate the opportunity to present testimony in support of important
land conservation projects in New Mexico. The first project is in the
La Cienega Area of Critical Environmental Concern (ACEC) where a fiscal
year 2010 appropriation of $3 million from the Land and Water
Conservation Fund (LWCF) is needed for the Bureau of Land Management to
acquire the 280-acre first phase of the Canyon Ranch. The second
project is the Vallecitos High Country property, where an appropriation
of $1.65 million in fiscal year 2010 from the Forest Legacy Program
(FLP) is needed to complete Phase II of this project and protect an
additional 3,100 acres of the 11,655-acre property.
I also respectfully urge a substantial increase in overall funding
for the LWCF, specifically urging the subcommittee to provide $325
million for the Federal LWCF and $125 million for the FLP in the fiscal
year 2010 Interior and environment appropriations bill. And, we are
most thankful that the Obama administration budget recognizes the
importance of these programs by proposing significant increases for
fiscal year 2010 and setting a goal to achieve full funding of the LWCF
in the next 5 years.
The LWCF is our Nation's premier program to acquire and protect
lands in national parks, national wildlife refuges, national forests,
Bureau of Land Management units and other Federal land systems. This
program faces an extensive and growing backlog of land acquisition
needs across the Nation. Public lands provide innumerable social and
economic benefits including a healthy lifestyle, protection of
watersheds and drinking water supplies, wildfire reduction and
prevention, and assistance to wildlife and fisheries as they adapt to
climate change. We urge you to renew this wise investment in America's
natural heritage and take steps to toward full and consistent funding
of these vital programs.

LA CIENEGA ACEC

The La Cienega ACEC is made up of more than 4,500 acres of
ecologically and historically significant lands just 8 miles from the
City of Santa Fe. In an arid region with little rainfall and few
perennial streams, the Santa Fe River, which flows through the ACEC,
sustains a thick canopy of cottonwoods and coyote willows, habitat to
nesting songbirds such as the southwestern willow flycatcher and to
numerous other wildlife species. Ancient rock art can be found etched
into the canyon walls, most likely produced in the 14th through the
17th centuries by the inhabitants of La Cieneguilla Pueblo, a
prehistoric Native American site with remnants of adobe rooms and stone
and pottery artifacts.
Available for acquisition in fiscal year 2010 is a critical
property adjoining the boundary of the La Cienega ACEC that would
protect the southern side of the dramatic and scenic Santa Fe River
Canyon and provide access to this little-seen natural resource gem just
a few miles from Interstate 25. The northern rim is already protected
through Federal ownership. The 700-acre Canyon Ranch property is
located just below the confluence of the Santa Fe River and La Cienega
Creek just 10 miles southwest of Santa Fe. The property has
approximately 2 miles of frontage on the Santa Fe River Canyon, with
the river meandering hundreds of feet below the deep canyon walls. This
property also gives access to parts of the ACEC that have been
effectively landlocked and inaccessible to the public.
The location of this property, its protections of the southern rim
of the Canyon and the improved access it allows to the ACEC make the
protection of Canyon Ranch extremely important to the future management
of the ACEC. The El Camino Real de Tierra Adentro National Historic
Trail, the main road that led from colonial New Mexico to Chihuahua and
Mexico City, runs along the Santa Fe River hundreds of feet below the
canyon rim. The road dates back to 1598 when the Spanish made their way
to northern New Mexico and established the first capital city near San
Juan Pueblo. La Cieneguilla Pueblo lies along this historic route, as
does a nearby 17th century Spanish hacienda that was burned in the
Pueblo Revolt of 1680.
Support for this land protection effort has come from the
community, local and State governments, archaeological groups, and
local environmental groups. The ACEC and surrounding lands contain
important historical and ecological resources that need to be protected
as growth from the city of Santa Fe puts additional development
pressure on outlying areas.
In fiscal year 2010, $3 million is needed through the LWCF to
protect the first 280-acre phase of the 700-acre Canyon Ranch property,
before the opportunity to protect this outstanding resource is lost
forever.

VALLECITOS HIGH COUNTRY

The New Mexico FLP is devoted to the protection and management of
environmentally important forest areas that are threatened by
conversion to nonforest uses. In addition, the program gives priority
to private forested lands which protect and enhance watershed and water
quality, maintain and restore riparian areas, protect important
wildlife habitats, and contribute to the cultural and economic vitality
of rural communities.
The State of New Mexico has submitted a request for the second
phase of a conservation easement on 3,100 acres of the Vallecitos High
Country property. The property, located within the Rio Vallecitos
watershed in Rio Arriba County, is an 11,655-acre parcel of mixed
conifer, aspen, and spruce-fir forests interspersed with mountain
meadows and creeks. It adjoins the Carson National Forest on three
sides and is visible from the Continental Divide Trail. The Rio
Vallecitos, an important cold-water fishery, is managed by the U.S.
Forest Service as a wild and scenic river. It provides irrigation and
municipal water to the downstream villages of Vallecitos and La Madera.
The property boasts critical wildlife habitat that includes old growth
forest, wet meadows, and clear creeks. The wide diversity of wildlife
on the property includes several threatened and endangered species. In
addition, several miles of riparian woodlands, considered relatively
rare in New Mexico, are found along the Rio Vallecitos, Jarosa Creek,
and North Creek. The important Rio Vallecitos runs 5 miles across the
property near the national forest boundary, and another 12 miles of
tributary creeks on the property feed the Rio Vallecitos.
The old-growth mixed conifer and spruce-fir forests on this
property provide suitable habitat for the federally threatened Mexican
spotted owl and the State-threatened boreal owl and pine marten. The
property also provides important habitat for peregrine falcon, bald
eagle, northern goshawk, and kingfisher. Since it is a large forested
property, it is capable of supporting populations of territorial
wildlife species with large home ranges such as black bear, mountain
lion, bobcat, turkey, and birds of prey. The property is within an area
classified as a major wildlife dispersal corridor by the Southern
Rockies Ecosystem Project, which strives to maintain a network of
undeveloped habitats and migratory pathways in the region. The wet
meadows and beaver ponds on the property are suitable reintroduction
sites for the extirpated boreal toad. This State-endangered amphibian
may still exist as an undiscovered remnant population on the property.
Recognizing these critical habitat lands, the landowner has been
working with the New Mexico Department Game and Fish to protect the
boreal toad habitat.
Due to its spectacular views and abundant fishing and hunting
opportunities, the Vallecitos High Country property is highly
threatened by the development of seasonal homes. Protection of this
property will expand New Mexico's protection of high-quality watersheds
and forests by complementing a completed FLP easement on the Vallecitos
Mountain Refuge property along the Rio Vallecitos only 2 miles
downstream. It will also protect the scenic integrity of the area, as
the property is visible from a new segment of the Continental Divide
Trail and is part of the viewshed from the Rio Vallecitos Canyon.
In fiscal year 2008, $1.133 million in FLP funds were secured to
help protect 2,200 acres of the forested 11,655-acre Vallecitos High
Country property. In fiscal year 2010, $1.65 million is needed for the
second phase to place a conservation easement on an additional 3,100
acres. These Federal funds will be matched by a 25 percent land value
donation from the landowner. Partners in this project are the New
Mexico Department of Game and Fish, New Mexico Forestry Division, the
Carson National Forest, Forest Trust, Rio Chama Watershed Group,
Southern Rockies Ecosystem Project, and Vallecitos Mountain Refuge.
Madam Chairman and distinguished subcommittee members, I want to
thank you for this opportunity to testify on behalf of these important
national protection efforts in New Mexico, and I appreciate your
consideration of these funding requests.
______

Prepared Statement of the National Recreation and Park Association

Thank you Chairman Feinstein, Ranking Member Alexander, and other
members of the subcommittee for this opportunity to submit written
testimony on the fiscal year 2010 appropriations bill.
The National Recreation and Park Association (NRPA) is a national,
nonprofit organization with a mission of advancing parks, recreation,
and environmental conservation efforts that enhance the quality of life
for all people. There are more than 6,500 parks and recreation agencies
throughout the country, a majority of which are members of NRPA.
Through our network of more than 21,000 citizen and professional
members, we represent cities, counties, and townships' park and
recreation departments, regional park authorities across the Nation,
and local citizens concerned with ensuring convenient access to parks
and recreation opportunities in their communities.
As your subcommittee works to craft the fiscal year 2010
appropriations bill, we request that you include $125 million for the
Land and Water Conservation Fund's (LWCF) State assistance program; $50
million to specifically fund urban parks through programs such as the
Urban Park and Recreation Recovery Program (UPARR) and to include $1.1
million for program administration.
Funding provided through LWCF and UPARR provide necessary community
resources for indoor and outdoor recreation opportunities and stimulate
local economies, promote job creation, and provide community health
resources and environmental stewardship. Park and recreation agencies
are instrumental in helping to address and solve national issues such
as climate change, obesity, reduction of crime, and energy and land
conservation. Partnership programs such as LWCF and UPARR are living
testaments to how local communities impact national issues.
Park and recreation agencies provide the places and opportunities
for increased physical activity. While local and State park and
recreation systems provide public places for close-to-home recreation
and physical activity, they are also vital to the local as well as
national economy. These systems stimulate local economies and create
jobs, generate visitor tax dollars for local economies, and employ
full-time and part-time workers. Studies have shown that for every $1
million invested in parks and recreation infrastructure, 20 jobs are
created.

FUNDING LWCF STATE ASSISTANCE

LWCF State assistance is a matching grant program that requires
State and local governments to provide 50 percent in non-Federal funds
for the acquisition, development, and redevelopment of parks and
recreation resources. As a result of LWCF State assistance funding,
more than 41,000 projects have been created in local communities. Since
its inception in 1965, the program has provided more than $4 billion in
matching funds to States and local communities in 98 percent of
American counties. The States, cities, counties, and towns that apply
for and accept Federal funding from the LWCF State assistance grant
program agree to match the Federal investment on a dollar-for-dollar
basis, and often match significantly more than the Federal share.
Congress created the LWCF State assistance program ``. . . to
strengthen the health and vitality of the citizens of the United
States,'' and undoubtedly these projects are playing a critical role in
battling our Nation's obesity epidemic. Several medical studies have
shown that there is a strong correlation between proximity to
recreational facilities and parks and physical activity. According to
the Centers of Disease Control and Prevention (CDC), which estimates 65
percent of adults and 16 percent of children are overweight or obese,
even small improvements in the lifestyles of Americans would yield
marked health improvements. In fact, CDC notes that the creation of or
enhanced access to places for physical activity led to a 25.6 percent
increase in the percentage of people exercising on 3 or more days per
week. Investing in programs such as the LWCF State assistance program
would provide a significant return on investment through the reduction
in healthcare costs.
The LWCF State assistance program not only meets important national
goals and delivers tangible benefits to the American public by
improving health, providing recreation opportunities to all Americans,
and improving communities through economic development, it also
significantly contributes to protecting our environment and promoting
environmental stewardship. In fact, Governor Joe Machin of West
Virginia notes, ``The Land and Water Conservation Fund grant program is
one of the best ways we can be involved in the enrichment of West
Virginia's communities for the future.'' It is obvious that LWCF funds
are vital to many States and literally determine whether a local,
regional, or State park is acquired or recreation facilities are
developed for public use. The need for recreational resources has
exponentially increased, but agencies are unable to meet the rising
need. In 2008, States reported to the National Park Service (NPS) an
unmet need of local parks and recreation resources totaling more than
$27 billion in eligible LWCF projects.
The following examples, provided by the NPS, paint a picture of a
Federal program, diverse in application and addressing national issues
on the local level.
Focal Points of Close-to-Home Access to Health and the Outdoors in
Urban Areas
In Coeur d'Alene, Idaho, Tubbs Hill Park received critical LWCF
funding to help acquire and preserve a breathtaking urban forest.
Today, this 135-acre forest in the middle of the city has a 2.2-mile
loop trail, spectacular scenic vistas of Lake Coeur d'Alene and
unparalleled access to close to home recreation in the heart of Coeur
d'Alene. This park is a hub for community exercise and offered as an
ideal healthy resource within the city. In this urban park, you
commonly see osprey, common, and hooded mergansers, bald eagles, as
well as pied-billed, eared, and western grebes.
Economic Development and Community Benefits of Parks and Access to
Recreation
In Rapid City, South Dakota, a community park was built in a part
of the community that did not have a public park. With the help of a
LWCF grant and a matching grant from Rapid City, several developers
donated money to build this community playground. Since the
announcement of the park and playground project, three major housing
developments have emerged in the surrounding neighborhood thereby
generating additional tax revenue.
Environmental Stewardship and Conservation Projects Leverage Regional
Impacts
In Ashburnham, Massachussetts, the Commonwealth of Massachusetts
used $450,000 in LWCF funds to leverage an additional $675,000 to
conserve 460 acres of forest lands along the New Hampshire border. The
land provides public access for long-distance hiking, links
conservation lands, protects the water quality of the Millers River,
and preserves archaeologically sensitive sites once used by the
``Harvard Shakers.''

FUNDING URBAN PARKS

According to the 2000 U.S. Census, 79 percent of the U.S.
population lives in urban areas. Our urban centers are imperative to
America's economic prosperity. Urban parks and recreation centers
provide close-to-home recreational opportunities for the vast majority
of America's citizens and are instrumental in helping our Nation
achieve important national goals of improving public health, increasing
daily physical activity, reconnecting children with nature, reducing
crime, and providing safe, healthy alternatives for at-risk youth.
Historically, UPARR, authorized in 1978, has been the only Federal
program that provides direct Federal assistance to urban localities for
the rehabilitation of critically needed recreation infrastructure.
UPARR requires local matching funds and is administered by the NPS of
the Department of the Interior to provide funding for the
rehabilitation of deteriorating parks and recreation facilities in
cities and urban counties. Since its inception, UPARR has provided more
than $270 million in matching grants to nearly 400 cities to
rehabilitate and improve their parks and recreational facilities that
face pressing needs and have fallen in to disrepair due to lack of
investment. However, this program has not been funded since fiscal year
2002.
As the largest public provider of after school programs, parks and
recreation agencies significantly improve community safety. According
to the Juvenile Justice Bulletin, juveniles are at the highest risk of
being victims of violence between 2 p.m. and 6 p.m., and the peak hour
for juvenile crime is from 3 p.m. to 4 p.m.--the first hour that most
students are dismissed from school. Parks and recreation agencies not
only provide a safe haven for children in urban areas, they also work
with local educational agencies to provide tutoring services to
children before and after school.
Now more than ever we need to ensure safe places for our children
and families to recreate. NRPA seeks a new commitment from Congress and
the administration to address the critical needs of our Nation's
children and urban communities by providing a renewed Federal
investment in our cities for the repair and rehabilitation of urban
parks and recreation resources. We request that Congress find a way to
address the needs and challenges facing urban communities by funding
programs that benefit urban parks.
The following examples highlights the unmet need for urban park
funding in East Oakland and North Minneapolis and the services that
could be provided if funding were available:
Urban Parks Leading to Safe Spaces for Communities
Tassafaronga Recreation Center is located in an area of industrial
East Oakland, California that is plagued with high incidences of crime
and socioeconomic blight, heightened by a recent housing redevelopment
project that will displace hundreds of families over the next 3 years.
The center serves all ages in the community, offering year-round adult
fitness programs, teen leadership workshops and other youth and adult
recreation programs year round. The facility is in dire need of
rehabilitation--both exterior and interior. In addition to providing
greater opportunities for physical activity, the center serves as a
community resource and a safe space for children and families. With
UPARR funding, Oakland Parks and Recreation would upgrade the entire
facility and existing equipment, address and correct irrigation
problems, and make other improvements to better serve the community.
Community Health Benefits Through Urban Park Funding
Creekview Recreation Center in North Minneapolis, Minnesota does
not have the capacity to meet growing demand for space, facilities, and
equipment for in-door recreation. Given current trends in childhood
inactivity and obesity, the park agency is focused on ensuring that
children can be physically active, particularly during long periods of
cold weather. With investment through UPARR, the park agency would
expand and modernize the center to include new space for exercise
classes and would install fitness and other equipment. Completing this
modernization would improve opportunities for citizens in North
Minneapolis to be physically active and healthy.
Unfortunately, in recent years funding for LWCF State assistance
and UPARR has significantly diminished, leaving communities with lists
of projects and needed repairs they are unable to complete because they
do not have funding. LWCF State assistance and UPARR funding for these
projects would allow construction to begin almost immediately, thereby
putting local residents to work, helping communities to protect our
environment while ensuring they provide safe recreational facilities
for children and adults alike.
Madam Chairman and members of the subcommittee, parks, and
recreation agencies are not merely community amenities; they are
essential services which are necessary for the economic and
environmental vitality as well as physical wellness of communities
throughout this country. By providing funding for LWCF and UPARR, which
have proven themselves invaluable to addressing national issues, you
would be investing in the health and well-being of communities across
this Nation from the standpoint of economic recovery, environmental
protection, as well as providing safe and affordable places for
recreation. Please include $125 million in funding for LWCF State
assistance and $50 million in funding for UPARR in your interior
appropriations bill in the 111th Congress.
Thank you for this opportunity to present testimony.
______

Prepared Statement of the Friends of the Prairie Learning Center

I am appealing to you today to increase funding for National
Wildlife Refuges. My own experiences with the Neal Smith National
Wildlife Refuge have been varied and enriching, and I fervently wish
for these same experiences to be available for my children, my
grandchildren, and future generations.
My personal journey with the refuge system began as my husband and
I volunteered to help with prairie remnant seed collection 16 years
ago. Over time, with the inspiring guidance of the refuge biology
staff, we gained knowledge and experience that gave us both the ability
to change careers. Facing corporate down-sizing in our respective jobs
(credit/financial and information systems) we found ourselves at
crossroads and decided to test the waters of new careers in
conservation. Without the educational opportunities provided by our
refuge, from hands-on stewardship days, to seminars and workshops, and
the encouragement of the staff, we would not have been able to take
advantage of the opportunities presented to us.
The Neal Smith National Wildlife Refuge and its Prairie Learning
Center have the potential to provide many educational opportunities for
a variety of folks of all ages:
--School groups (K-12) from communities all across Iowa attend Big
Bluestem programs at the Prairie Learning Center. For most, it
is their first experience with prairie and the natural history
of the State where they live. Many times, the students will end
up bringing their parents and grandparents out to visit the
refuge as well.
--College and university students come to our refuge to conduct
research on a variety of subjects, anything from carbon
sequestration to micorhizae to global warming.
--Both the public services and the biology staff provide valuable
information and inspiration as they interact with students and
other visitors, on a daily basis and during special events.
The Friends of the Prairie Learning Center/Neal Smith National
Wildlife Refuge funds about six internships throughout the year. These
interns help conduct tours, interact with school and community groups,
provide on-going land stewardship, and conduct research pivotal to
future restoration and reconstruction plans. If there were enough staff
at the refuge to provide appropriate supervision, it would be possible
to increase internship opportunities for these students just beginning
their conservation careers.
With the current budget, refuge staff positions are not being
filled, creating a void in the ability to continue the education and
inspiration that the students and residents of Iowa (and many other
States, I am sure) so desperately need. For all of the reasons I've
listed above, please consider increasing the funding for the National
Wildlife Refuge system, and in particular, the Neal Smith National
Wildlife Refuge and Prairie Learning Center. Thank you.
______

Prepared Statement of the National Wildlife Federation

On behalf of the National Wildlife Federation, (NWF) the Nation's
largest conservation advocacy and education organization, and our more
than 4 million members and supporters, we thank you for the opportunity
to provide fiscal year 2010 funding recommendations for the Department
of the Interior (DOI) and other agencies under the purview of this
subcommittee.
NWF's mission is to inspire Americans to protect wildlife for
future generations. To achieve this mission the organization is focused
on confronting global warming, safeguarding and restoring wildlife, and
connecting people with nature. Global warming now constitutes the
single greatest threat to the survival of today's most cherished
wildlife species; we are at a critical juncture for sustaining the
natural systems on which humans and wildlife depend. Congress must take
bold steps to address both the underlying causes of climate change,
through reductions in greenhouse gas emissions, and adaptation to the
now-inevitable impacts of global warming on the Nation's wildlife and
natural habitats.
We commend the subcommittee for its efforts to strengthen the
scientific basis for addressing climate change impacts on wildlife, and
for directing the Secretary of the Interior to develop a national
climate change adaptation strategy. We are strongly supportive of the
$133 million in new funds included in the President's DOI budget to
help Federal and State land managers assess and respond to the impacts
of climate change on wildlife. We are particularly pleased with the
inclusion of $40 million of these funds for wildlife adaptation by the
States.
We are also strongly supportive of the $70 million requested in the
President's fiscal year 2010 budget to connect children and families to
the great outdoors through DOI's 21st Century Youth Conservation Corps
initiative. This investment is critical at a time when research tells
us that children today spend half as much time outside as they did just
20 years ago. Targeting $30 million for educating young hunters and
anglers, as well as $40 million in funding for Youth Careers in Nature,
the initiative will bolster environmental education, recreation, and
service programs throughout DOI, and engage thousands of youth in the
outdoors.

U.S. FISH AND WILDLIFE SERVICE

State and Tribal Wildlife Grants
The State and Tribal Wildlife Grants program is the Nation's core
program for preventing wildlife from becoming endangered in every
State. It provides State wildlife agencies and their partners with a
broad suite of proactive conservation tools to allow for meaningful and
cost-effective species conservation. At the heart of this program is
implementation of federally approved wildlife action plans. With global
warming posing an increasing threat to wildlife and their habitats,
these action plans serve as critical tools for safeguarding wildlife.
NWF is working with many States to help them better integrate climate
change considerations into these plans. We strongly support the
President's request of $115 million for the State and Tribal Grants
Program, which includes $40 million in new funding to enable States to
better address climate change in their wildlife action plans.
Endangered Species Program
The Endangered Species Act (ESA) is a safety net for wildlife,
plants, and fish that are on the brink of extinction. While the act has
been extraordinarily successful in preventing the extinction of plants
and animals, funding for its implementation has eroded significantly
over the past few years. To adequately implement the endangered species
program, funding must gradually increase for the four main accounts to
at least $305.8 million by 2013. We appreciate the increases to the
endangered species accounts included in the fiscal year 2009
appropriations and urge the subcommittee to appropriate at least $217
million in fiscal year 2010 toward the Endangered Species Program ($59
million more than fiscal year 2009 enacted) as follows:
--Listing Program.--This program requires $32 million for FWS to
address both new species and the backlog of species awaiting
action on proposed listings and critical habitat designations.
--Recovery Program.--Despite the fact that Congress repeatedly States
that recovery is the most important element of the ESA,
recovery funding has remained almost stagnant in recent years.
For an effective recovery program, FWS needs $95 million.
--Consultation Program.--We are grateful to the subcommittee for
supporting meaningful consultation under the ESA, and providing
a congressional basis for reversing the unwise consultation
rules promulgated in the final hours of the previous
administration. To ensure an efficient and effective
consultation program, we recommend funding of $75 million (an
increase of $11.5 million from fiscal year 2009 enacted).
--Candidate Conservation.--This program enables candidate and other
at-risk species to receive conservation attention so that they
will not require formal listing under the act. To address this
critical need we recommend funding of $15 million (an increase
of $4.3 million more than fiscal year 2009 enacted).
Cooperative Endangered Species Conservation Fund
This fund offers grants to States for participation in a wide array
of voluntary conservation projects for candidate, proposed, and listed
species. These funds may in turn be awarded to private landowners and
groups for conservation projects. Section 6 grants include: Recovery
Land Acquisition Grants; Habitat Conservation Plan (HCP) Land
Acquisition Grants; HCP Planning Assistance Grants; and Grants to
States. We would like to see this program receive $110 million (an
increase of $30 million more than fiscal year 2009 enacted).
Landowner Incentive Program and Private Stewardship Program
We support reinstatement of two important programs focused on
conservation on private lands. The Landowner Incentive Program (LIP)
provides States with grants to protect and restore habitats on private
lands to benefit federally listed, proposed, candidate, and other at-
risk species. NWF recommends LIP funding of $23.7 million. The Private
Stewardship Program provides grants and other assistance on a
competitive basis to individuals and groups engaged in local, private,
and voluntary conservation efforts that benefit federally listed,
proposed, candidate, and other at-risk species. We recommend funding of
$7.3 million.
National Wildlife Refuge System (NWRS) Operations and Maintenance
NWRS is crucial for conserving the Nation's wildlife, but has been
hobbled for many years by inadequate budgets. Added to existing
stressors, climate change holds profound implications for management of
these refuges, and FWS will need to evaluate how the system should be
managed, and perhaps expanded, to adapt to these changes. The fiscal
year 2009 appropriation provided a much needed increase in the NWRS
operations and maintenance budget, but still falls short of what is
required to adequately manage the system. National Wildlife Federation
supports the Cooperative Alliance for Refuge Enhancement (CARE)
recommendation of $765 million by fiscal year 2013, and recommends an
fiscal year 2010 funding level of $514 million (an increase of $51
million more than fiscal year 2009 enacted).

U.S. GEOLOGICAL SURVEY

National Climate Change and Wildlife Science Center
The National Climate Change and Wildlife Science Center is an
important new initiative designed to improve understanding of the
impacts of global warming on wildlife and ecosystems, and help land
managers better design and implement adaptation responses. We
appreciate the subcommittee's leadership in funding the establishment
of this Center, and recommend support the President's request of $15
million for this center.

BUREAU OF LAND MANAGEMENT

National Landscape Conservation System
The National Landscape Conservation System (NLCS) is an American
treasure that consists of 26 million acres of some of the last best
places in the American West. Since its creation in June 2000, however,
NLCS has been chronically underfunded and starved for adequate
resources to meet its core responsibilities and manage the growing
number of visitors. We are heartened by authorizing legislation for
this NLCS contained in the recently passed Omnibus Public Lands
Management Act of 2009. To ensure adequate management of NLCS, we
recommend a budget of $75 million

U.S. FOREST SERVICE

Forest Inventory and Analysis
The Forest Inventory and Analysis (FIA) program is the Nation's
only comprehensive forest inventory system that provides credible
forest inventory data across all ownerships. FIA data will play an
increasingly important role in carbon accounting systems and ensuring
the sustainability of biomass energy development. We recommend a budget
of $77.9 million (an increase of $17 million from fiscal year 2009
enacted).
Forest Legacy Program
The Forest Legacy Program targets the protection of working forest
landscapes, and has a perennial backlog of worthy projects. The program
has been especially important in States where there are few Federal
land holdings and timber companies are in the process of consolidating
and selling their lands. We support the President's request of $91
million for this important program.
Community Forest and Open Space
The Community Forest and Open Space Program provides new
authorities for the Forest Service to partner with local communities,
Indian tribes, and nonprofit organizations to prevent at-risk forest
parcels from being converted to nonforest uses. We recommend that this
important new program be funded.

LAND AND WATER CONSERVATION FUND (LWCF)

The LWCF is the Federal Government's primary tool for funding
acquisition of valuable wildlife habitat and open space. After years of
drastic cuts in the LWCF we are pleased to see that the President's
budget puts LWCF back on the road to full funding by 2014. NWF strongly
supports the $420 million requested for fiscal year 2010.

ENVIRONMENTAL PROTECTION AGENCY (EPA)

Greenhouse Gas (GHG) Inventory and Comprehensive Climate Strategy
EPA has recently proposed rules for a national greenhouse gas
emissions registry, which is an essential component of any system
designed to implement a comprehensive climate strategy. The President's
budget request includes $19 million for EPA's work on the GHG emission
inventory and related activities. NWF supports full funding of this
important effort.
Energy Star
The Energy Star program helps businesses, consumers, and State and
local governments save energy and money. By promoting opportunities for
energy efficiency, the program is helping transform the Nation's energy
economy and reduce global warming pollution. NWF recommends funding of
$100 million (an increase of $50 million from fiscal year 2009
enacted).
Great Lakes Restoration Initiative
The President's budget request includes a new $475 million
initiative to address regional issues in the Great Lakes identified by
Federal, State, and local participants in the Great Lakes Regional
Collaboration. Funding these critical restoration needs will help
mitigate the impacts of global warming in the Great Lakes, and we urge
the subcommittee to fully fund this initiative.
Environmental Education
EPA's Office of Environmental Education implements highly
successful, nationwide environmental education programs, which are
especially critical as we seek to prepare Americans for green jobs and
find innovative solutions to global climate change. We are grateful for
the subcommittee's support of environmental education and recommend a
funding level of $14 million (an increase of $5 million more than both
fiscal year 2009 enacted and the President's fiscal year 2010 request).
______

Prepared Statement of the National Wildlife Refuge Association

Madam Chair and members of the subcommittee: On behalf of the
National Wildlife Refuge Association (NWRA) and its membership
comprised of current and former refuge professionals, Friends
organization affiliates and concerned citizens, thank you for your
strong support for the National Wildlife Refuge System (NWRS) including
the $28.7 million increase for fiscal year 2009 and approximately $200
million for refuges in the American Recovery and Reinvestment Act of
2009. These funding increases will keep the downsizing plans that had
reduced refuge staff by more than 300 positions where they should be:
on the shelf. We further thank you for the opportunity to offer
comments on the fiscal year 2010 Interior, Environment, and Related
Agencies appropriations bill. We respectfully request the subcommittee
support:
--An overall funding level of $514 million for the operations and
maintenance (O&M) budget of the NWRS, managed by the U.S. Fish
and Wildlife Service (FWS);
--An allocation of $5 million for Volunteer Community Partnerships
for the NWRS;
--An allocation of $25 million for Climate Change Planning for
refuges;
--An allocation of $15 million for work to control and eradicate
invasive species on and near refuge lands, of which $1 million
would continue the highly successful Volunteers and Invasives
Program and $5 million would conduct large-scale invasive
projects;
--An allocation of $4 million for the new Pacific Marine Monuments to
conduct needs assessments, operate a research vessel, and
remove two ship wrecks;
--An overall funding level of $100 million for the NWRS construction
budget including $12 million for Visitor Facilities
Enhancements (VFE) and $5 million for a research vessel
retrofit for the Pacific Islands refuges;
--An allocation of $75 million for the FWS' Partners for Fish and
Wildlife Program, increasing the FWS' ability to create
partnerships and identify, prioritize and implement land and
water conservation opportunities beyond refuge boundaries;
--An allocation of $100 million in the FWS land acquisition budget
through the Land and Water Conservation Fund (LWCF) to acquire
vital refuge habitat from willing sellers;
--A funding level of $85 million for the State and Tribal Wildlife
Grants Program;
--An allocation of $10 million for the National Fish and Wildlife
Foundation (NFWF) in the FWS' Resource Management General
Administration appropriation;
--Prohibition of funds for activities that would advance a road
through Izembek NWR in Alaska.
national wildlife refuge funding--o&m and construction
The NWRA is the chair of the Cooperative Alliance for Refuge
Enhancement (CARE), a diverse coalition of 22 sporting, conservation,
and scientific organizations representing more than 14 million
Americans. NWRS needs at least $765 million, and likely more, in annual
operations and maintenance funding by 2013 to properly administer its
150 million acres as mandated in the Refuge Improvement Act. To reach
this reasonable goal, we respectfully request that you provide $514
million in fiscal year 2010 for NWRS O&M.
After years of flat budgets, Congress in recent years has
demonstrated a commitment to fund our national wildlife refuges. The
increases in fiscal year 2008 and fiscal year 2009 allowed for the
suspension of workforce downsizing plans that outlined an eventual 20
percent reduction in overall staffing levels. But with more than 10
percent of staff already eliminated since 2004 and a current O&M
backlog of more than $3.5 billion, additional increases that build upon
the last 2 years are essential.
Within the allocation for refuge O&M, we recommend $15 million for
inflationary costs; $25 million for inventory and monitoring to help
refuges cope with climate change; $5 million for Volunteer Community
Partnerships as authorized under the NWR Volunteer and Community
Partnerships Act; $5 million for large-scale invasive species projects;
$1 million to continue the Volunteer Invasives Program and $4 million
assess and manage the new monuments in the Pacific, including the
removal of ship wrecks currently damaging fragile coral reefs.
We ask the subcommittee to expand funding for NWRS's construction
budget to $100 million. The FWS has more than $1 billion worth of
construction needs, including the replacement of quickly deteriorating
structures that are not energy efficient and are becoming more
expensive to maintain. Construction funds also support large-scale
habitat restoration projects such as the Salt Pond restoration efforts
at the Don Edwards San Francisco Bay NWR or wetland restoration at the
Nisqually NWR in Washington. Funds for new visitor/administration
centers will be a net benefit with regards to both efficiencies and
economic impact to local communities. Refuges with a broad range of
outdoor and indoor programs often create more revenue, jobs in service
industries, and income for local communities. Recent studies indicate
that out-of-town refuge visitors are increasingly accounting for most
of the revenue and taxes created for local communities. Importantly,
these centers often provide opportunities for refuge Friends to
generate increased revenues through bookstore operations. These private
funds, in turn, leverage Federal dollars for mission-critical projects.
Finally, new centers are required to be green infrastructure models,
demonstrating efficient ways to recycle materials and water, green
construction techniques, and opportunities for employing alternative
energy sources.
Within an allocation of $100 million, we recommend $5 million for
the retrofit of a research vessel that will assist the FWS in
management of the new Pacific monuments; $5 million for the greening of
existing refuge infrastructure and $12 million for visitor facility
enhancements, which will create better experiences for visitors and
thereby create support for NWRS.

ASSESSING THE NEEDS OF NWRS--CLIMATE CHANGE

NWRS is badly lagging in developing strategies to address climate
change. With many Government scientists and biologists now talking
openly about their conclusions regarding effects of a changing climate
on habitat and wildlife, they are playing a frantic game of catch up.
The NWRS is in dire need of dedicated dollars to inventory and monitor
the impacts of climate change and to craft a plan to aid species in
adapting. We recommend $25 million for inventory, monitoring, and
planning. Many innovative modeling tools are now available to aid
refuge staff but without funding, they are simply unable to take full
advantage. Refuges are perhaps our best natural laboratories to assess
impacts to wildlife as a result of global climate change and to
demonstrate effective adaptation strategies; a small investment could
yield valuable insights that will guide wildlife management and land-
use planning well into the future.

INVASIVE SPECIES--CONTROL AND ERADICATION

The NWRS is succumbing to a relentless onslaught of invasive
species with more than 2.3 million acres of refuge lands infested with
invasive plants and 4,387 invasive animal infestations. Funding is
needed to halt their progress and in some cases remove them entirely.
In fiscal year 2008, refuges spent more than $15.3 million dollars on
invasive species management, a 144 percent increase more than fiscal
year 2004. A 2008 GAO report found that the number one management
action that had increased in cost was the management of invasive
plants. And while volunteers can help, with funding over the past 4
years enabling 4,660 volunteers to contribute more than 73,000 hours on
291,000 acres of refuge invasives projects, there must be aggressive,
dedicated funding to bolster volunteer efforts. We urge the
subcommittee to continue its strong support of the Volunteers and
Invasives Program by again appropriating $1 million and we support an
allocation of $5 million for large-scale invasives control projects
such as the Spartina grass eradication effort at Willapa Bay NWR. Many
invasives projects must be large in scale to be effective but lack of
funding has prevented such projects from moving forward.

STRATEGIC GROWTH AND PARTNERSHIPS

While providing adequate funding to operate and maintain the Refuge
System is of vital importance, most refuges are too small in size to
fully achieve their conservation objectives. Their integrity depends on
the health of surrounding lands and waters; and in turn, the health of
refuge lands and waters has an enormous impact on surrounding
communities. Consequently, there is a growing need to provide funding
to ensure that lands and waters outside refuge boundaries are
conserved. NWRA encourages a beyond the boundaries approach, which
identifies and prioritizes crucial additions to the Nation's
conservation estate while improving connectivity between refuges and
other conservation lands.
Accordingly, for fiscal year 2010 we respectfully ask that the
subcommittee appropriate the authorized $75 million for the FWS'
Partners for Fish and Wildlife Program. The Partners program is a
powerful tool for working with private landowners to collaboratively
conserve refuge landscapes while leveraging Federal dollars. A $75
million investment in the Partners program will conservatively net $300
million worth of additional conservation. On average, for every $1
appropriated, an additional $4 are leveraged; in some cases the return
is more than $10.
To strategically grow NWRS, NWRA strongly supports President Obama
in encouraging Congress to fully fund the Land and Water Conservation
Fund (LWCF) to its authorized annual level of $900 million in the next
5 years. In fiscal year 2010 we urge the subcommittee to allocate $100
million for the FWS to secure high-priority water rights and high-
priority lands and conservation easements. Inadequate water quantity
and quality represent some of the biggest obstacles for refuges to
overcome and unfortunately, many refuges do not own the water rights on
the refuge or they are not guaranteed an allocation of water from a
river or stream.
Currently, there are roughly 8.3 million acres remaining to be
acquired within approved refuge boundaries. At the previous
administration's requested rate of refuge land acquisition for fiscal
year 2009, it would take more than 16 centuries to acquire these lands.
$100 million for refuge land acquisition may seem high, but consider
that if Congress appropriated 8 times that amount or about $827 million
annually, it would still take a full 20 years before the Refuge System
would have acquired all the lands currently in acquisition boundaries.
Within this request, the NWRA encourages the subcommittee to
provide funding for the following projects which have willing sellers,
are immediately available for purchase and provide increased
connectivity between important public and private lands which will
ultimately increase species ability to adapt: $1.5 million, Crystal
River NWR (Florida); $3 million, Silvio O. Conte NFWR (Massachusetts,
Connecticut, New Hampshire, and Vermont); $2 million, Blackwater NWR
(Maryland); $2 million, Nestucca Bay NWR (Oregon); $2.7 million, Cache
River NWR (Arkansas); $4 million, Upper Ouachita NWR (Louisiana); $7.4
million, James Campbell NWR (Hawaii); $5 million, Rocky Mt. Front
Conservation Area (Montana); $3.5 million, Rachel Carson NWR (Maine);
$2 million, Sevilleta NWR (New Mexico); $2.8 million, Wallkill River
NWR (New Jersey); $1 million, James River NWR (Virginia); $1 million,
Supawna Meadows NWR (New Jersey); $1.5 million, Back Bay NWR
(Virginia); and $1.5 million, Patoka NWR (Indiana).
The NWRA also urges the subcommittee to appropriate $85 million for
the State and Tribal Wildlife Grants Program in fiscal year 2010 to
implement State Wildlife Action Plans, and support projects to keep
common species common and develop partnerships. These science-based
plans can dovetail with refuge Comprehensive Conservation Plans (CCPs)
and help fulfill the shared Federal/State responsibility for keeping
our Nation's wildlife from becoming endangered.
We encourage the subcommittee to allocate $10 million for the NFWF
through the FWS' Resource Management General Administration
appropriation. Each year, NFWF receives more project proposals than
they are capable of funding. Adequate funding will ensure NFWF has the
ability to leverage resources to fund projects that directly benefit
diverse species in, around and outside of national wildlife refuges
across the country.

IZEMBEK NWR, ALASKAN PENINSULA

The NWRA is strongly opposed to a provision included in the 2009
Public Lands Omnibus which could result in a road through the Izembek
NWR, AK should Secretary Salazar determine it is in the public
interest. Proponents from King Cove (population 800) argue the road is
needed for medical evacuations to reach Cold Bay (pop 80). Congress
already met these needs by appropriating $37.5 million in 1998 to
upgrade King Cove's medical clinic and airstrip and purchase a state-
of-the-art hovercraft, which has met every medical evacuation need
since it became operational in February 2007. We urge the subcommittee
to prohibit funds for activities that would advance a road.
In conclusion, the NWRA believes the National Wildlife Refuge
System can meet its important conservation objectives only with strong
and consistent funding leveraged by the valuable work of refuge
volunteers. We extend our appreciation to the subcommittee for its
ongoing commitment to NWRS.
______

Prepared Statement of the Performing Arts Alliance

Mr. Chairman and distinguished members of the subcommittee, I am
grateful for this opportunity to submit testimony on behalf of the
Performing Arts Alliance and its member organizations--American Music
Center, Association of Performing Arts Presenters, Chorus America,
Dance/USA, League of American Orchestras, National Alliance for Musical
Theatre, OPERA America, and Theatre Communications Group. The
Performing Arts Alliance is a national network of more than 4,100
members comprising the professional, nonprofit performing arts and
presenting fields. For more than 30 years, the Performing Arts Alliance
has advocated for national policies that recognize, enhance, and foster
the contributions the performing arts make to America.
We urge the subcommittee to designate a total of $200 million to
the National Endowment for the Arts (NEA). This testimony is intended
to highlight the importance of the Federal investment in the arts to
sustaining a vibrant cultural community. With more funding, the NEA's
core programs could better bring the best in the arts to all Americans:
--Additional funds would allow the size of individual grants to
increase, after having declined steadily since the NEA's budget
was cut by 40 percent in fiscal year 1996.
--Inadequate funding has caused many high-quality grant applications
to go unfunded.
The NEA increases opportunities for the American public to enjoy
and benefit from the performing arts.
Since the establishment of the NEA in 1965, access to the
performing arts has improved in communities large and small across the
country. The NEA has helped to foster the development of the many
regional theatres, opera companies, dance companies, orchestras, and
performing arts centers that Americans now enjoy. Despite diminished
resources, the NEA awards more than 1,700 grants annually to nonprofit
arts organizations for projects that encourage artistic creativity,
provide lifelong learning opportunities, and engage audiences in the
best the arts have to offer. This modest public investment in the
Nation's cultural life has resulted in both new and classic works of
art reaching all 50 States.
With more funding, the NEA could do more.
The NEA has never recovered from a 40 percent budget cut in fiscal
year 1996, resulting in the underfunding of its programs. We are
appreciative of the increased support this subcommittee provided for
the NEA last year and are already seeing benefits of increased access
to public performing art organizations and artists across the country.
The live arts bring communities together, encourage dialogue, and
provide innovation and education opportunities to generations of
Americans.

THE NONPROFIT PERFORMING ARTS COMMUNITY

The following member profiles of the Performing Arts Alliance,
which include national service organizations representing new music,
arts presenting, chorus, dance, musical theatre, opera, orchestra, and
theatre fields, exemplify the economic, educational, and quality of
life benefits that performing arts organizations bring to American
communities.

NEW MUSIC

The American Music Center (AMC) is dedicated to building a national
community of artists, organizations, and audiences, creating,
performing, and enjoying new American music. Since its founding in 1939
by composers Marion Bauer, Aaron Copland, Howard Hanson, Harrison Kerr,
Otto Luening, and Quincy Porter, AMC has been a leader in providing
field-wide advocacy, support, and connection. AMC advocates for the
community through its media programming, supports the community by
making grants to composers and ensembles each year, and by offering
professional development services to artists. AMC connects the
community with an array of information services designed to facilitate
performances, including a vast, searchable database of 45,000 works by
American composers, publications compiling opportunities in new music
and other information useful to industry professionals, and benefits
and services for nearly 2,500 members in all 50 States and around the
world.

ARTS PRESENTERS

Performing arts presenters bring professional performing artists
from all over the world into the communities they serve. They include
organizations such as performing arts centers in major urban cities,
academic institutions, artists, artist managers, agents, local arts
agencies, and outdoor festivals and fairs. Arts presenters facilitate
the interaction between artists and audiences, support the creation and
touring of new works, and are civically engaged in their communities.
The Association of Performing Arts Presenters (Arts Presenters), a
national service and advocacy organization, represents an industry of
more than 7,000 nonprofit and for-profit organizations, with members
hailing from all 50 States and 28 countries on six continents across
the globe. Performing Arts Presenters' members bring performances to
more than 2 million audience-goers each week and spend in excess of
$2.5 billion annually. Their membership includes a range of
organizations with multi-million dollar budgets to individuals who are
artists or performing arts professionals, representing a diversity of
fields, which include all forms of dance, music, theatre, family
programming, puppetry, circus, magic, attractions, and performance art.

CHORUS

Chorus America's mission is to build a dynamic and inclusive choral
community so that more people are transformed by the beauty and power
of choral singing. Chorus America strengthens choral organizations and
provides their leaders with information, research, leadership
development, professional training, and advocacy to help them deliver
the best possible contributions to their communities and to the choral
art. The more than 1,600 choruses, individuals, and businesses that are
members of Chorus America speak with a strong and unified voice to
increase recognition of choral singing as an essential part of society.

DANCE

In 1965, there were approximately 35 nonprofit professional dance
companies. Today, there are more than 600. America's dance companies
perform a wide range of styles and genres. These include both classical
and contemporary ballet, both classical and contemporary modern, as
well as jazz, tap, cross-disciplinary fusions and traditional to modern
work rooted in other cultures. When the NEA instituted its Dance on
Tour program in the 1970's, great dance became accessible to every
community in America. NEA programs today, like the National College
Choreography Initiative, continue to ensure that the best of American
dance is for all of America, and a showpiece for the rest of the world
as well. Based on a 2006 survey, Dance/USA estimates that the 81
largest and most visible nonprofit dance companies in the United States
do the following:
--Employed more than 6,000 people;
--Performed for total home audiences of nearly 2.9 million people;
--Paid approximately $237.5 million in wages and benefits;
--Had more than 24,300 volunteers, including more than 2,700 members
of Boards of Trustees;
--Received $16.7 million, from State, local, and government
contributions.

MUSICAL THEATRE

National Alliance for Musical Theatre (NAMT) is the national
service organization dedicated exclusively to musical theatre and
serving some of the leading musical theatre producers in the world.
Last season, NAMT members cumulatively staged more than 27,000
performances attended by 16 million people, and had revenues totaling
more than $500 million. NAMT has presented its Festival of New Musicals
annually since 1989, bringing together theatre producers and writers,
with the goal of furthering the development and production of new
musicals. NAMT's festival has showcased more than 300 writers and 200
new musicals, which have had thousands of subsequent productions
worldwide.

OPERA

OPERA America members are found in communities all across the
country--a total of 133 companies in 43 States. American opera
companies are well-known for their innovative and exemplary education
and outreach programs, many of which are funded in part with NEA
grants. Virtually all U.S. opera companies run such programs in their
communities. Opera companies help fill the void left by discontinued
arts education in many public school systems and can help young people
communicate the realities of their lives via disciplined artistic
expression. The audience for education and community programs served by
United States and Canadian companies during the 2005-2006 season
totaled more than 2 million people. All together, the opera companies
of America contribute more than $1.5 billion to the U.S. economy each
year and provide more than 20,000 jobs each year.

ORCHESTRA

In its more than 40-year history, the NEA has provided invaluable
leadership and support for musicians, orchestras, and the communities
they serve through direct grants; support to State arts agencies, and
national leadership initiatives. Supported by a network of musicians,
volunteers, administrators, and community leaders, America's adult,
youth, and college orchestras total more than 1,800, with annual
budgets ranging from less than $12,000 to more than $83 million, and
exist in every State and territory, in cities and rural areas alike.
They employ (with or without pay) more than 8,000 administrative staff
and attract more than 400,000 volunteers and trustees.
In addition to concerts, orchestras offer more than 40 different
kinds of programs for their communities, including:
--in-depth, multi-year residencies;
--long-term partnerships with schools;
--after-school and summer camps;
--programs in hospitals and libraries;
--instrumental instruction; and
--educational classes for seniors.
The NEA's fiscal year 2008 grants to organizations included 122
grants to orchestras and the communities they serve, supporting arts
education for children and adults, expanding public access to
performances, preserving great classical works, and fostering the
creative endeavors of contemporary classical musicians, composers, and
conductors.

THEATRE

In 1961, nonprofit theatre in America consisted of only 16 theatre
companies. Today, thanks in large part to the pivotal role played by
the NEA, the number of theatre companies is estimated to be more than
1,900. Almost every Pulitzer Prize winning play since 1976 originated
at an NEA-funded theatre.
Theatre Communications Group (TCG), the national organization for
the American nonprofit theatre, reports that the estimated 1,910
theatres in the United States employ more than 109,000 workers--actors,
directors, playwrights, designers, administrators, and technicians--and
constitute a more than $1.7 billion industry. Collectively, these
theatres are estimated to have offered 197,000 performances that
attracted 31 million patrons. TCG offers grants to theatres and theatre
artists, conducts research on the health of the nonprofit theatre
field, convenes various meetings around the country to bring theatre
professionals together, serves as the U.S. Center of the International
Theatre Institute to promote international cultural exchange, produces
a wide array of publications about and for the theatre field, and
serves as the primary national advocate for the nonprofit professional
theatre field.
Based on recent surveys of 196 nonprofit theatres, TCG reports the
following:
--More than 1,180 outreach and educational programs are in existence
today.
--More than 2.5 million people--including a large number of at-risk
children--are served by these programs. This network of
educational and outreach programs all across the country,
ensures access to all Americans and helps develop new
generations of audiences.
--These programs include touring productions, artists-in-the-schools,
teacher training, workshops and lectures in local community
centers and libraries, programs for at-risk youth, and lifelong
learning opportunities.

CONCLUSION

Performing arts organizations are a vital component of community
life, allowing citizens to appreciate our Nation's culture and heritage
through excellent artistic programming. The arts illuminate the human
condition, our history, contemporary issues, and our future. The NEA is
an investment that realizes significant returns on the Federal dollars
invested, both measurable and intangible. We urge you to designate no
less than $200 million to the NEA. Thank you for your consideration of
our request.
______

Prepared Statement of the Pelican Island Preservation Society

The Pelican Island Preservation Society is an all volunteer group
with more than 350 members whose mission is to support the Pelican
Island National Wildlife Refuge. Our organization is greatly concerned
about the major funding deficit for operations and maintenance (O&M)
facing the National Wildlife Refuge System (NWRS), and the severe
impact this is having on the Pelican Island National Wildlife Refuge
and other refuges in the system. Our request is that O&M funding be
increased to $514 million in fiscal year 2010.
I wish to thank the subcommittee for your support over the past 2
fiscal years in recommending increases in funding for the NWRS. Those
increases have helped stabilize a critical funding deficit which
resulted in major losses of personnel and significant loss of
capability to manage refuges. While the increases have provided some
relief, major funding problems still exist and sizeable annual
increases in O&M funding must be forthcoming if the system is ever to
even approach its full potential.
Inadequate funding has historically severely hampered the ability
of the U.S. Fish and Wildlife Service (FWS) to effectively manage
refuges. During my 50 years of exposure to the refuge system I have
seen many highs and lows in O&M funding levels, but even during the
``highs'' the amounts appropriated were totally inadequate to do the
job properly. The current backlog of approximately $3.5 billion in
operations and maintenance needs is a direct result of many decades of
neglect in the budgetary arena. This backlog must be addressed in an
aggressive manner.
On our local level, inadequate funding has significantly affected
management programs. One central staff currently manages three
refuges--Pelican Island, Archie Carr, and Lake Wales Ridge. In 2003,
the staff reached its record high level of six permanent full-time
employees plus temporaries. As a result of the funding crunch, the
staff was reduced to two. More recent funding increases have allowed
increasing the staff to three permanent full-time and two term
employees. Five employees to manage three refuges, two of which are
urban in nature, simply doesn't provide the manpower needed to do an
acceptable job of refuge management. Of major concern is the lack of a
law enforcement officer to address violations of refuge regulations.
The role refuges can play in helping to alleviate current economic
problems should not be overlooked. There are major economic factors
associated with the management of refuges. The refuge system attracts
41 million visitors annually who generate more than $1.7 billion for
local economies, including 27,000 jobs and $185 million in tax
revenues. Further, according to the 2007 report, Banking on Nature, on
the average refuges return $4 of economic activity for each $1
appropriated for their operation. Continued underfunding of refuges
will result in negative impacts on local economies--something to
consider during the tough economic times facing our country.
Invasive species are a major continuing problem facing refuge
managers. Despite added emphasis on identification and control,
valuable wildlife habitat continues to be lost. We urge the
subcommittee to continue its strong support for the control of invasive
species.
I urge the subcommittee to support an allocation of $100 million in
the FWS budget for land acquisition through the Land and Water
Conservation Fund (LWCF). The acquisition of important habitat for
endangered species and other fish and wildlife has been severely
reduced in recent years due to very low allocations and this situation
must corrected.
The inequitable distribution of resource management dollars among
the four Federal land managing agencies remains to be a serious
concern. On a per-acre basis, funding to manage units of the refuge
system is significantly lower than that allocated to manage national
forests, national parks, and BLM lands. For example, when including the
recently added 54 million acres of national monuments, the NWRS
receives slightly more than $3 per acre, by far the lowest of the four
agencies. I am not suggesting that the funding level should be the same
far all, as the missions vary; however, the current disparity defies
reason. I suggest that the subcommittee and the Congress should provide
some reasonable level of equity as it contemplates future allocations.
In summary, the NWRS is facing a severe funding deficit which must
be addressed. We ask that the subcommittee support increased O&M
funding for the NWRS to $514 million in fiscal year 2010. Further, we
ask that that the subcommittee support the goal of reaching an O&M
funding level of $765 million by fiscal year 2013. And finally, we urge
the subcommittee to support an allocation of $100 million from the LWCF
for refuge land acquisition in fiscal year 2010.
______

Prepared Statement of the Partnership for the National Trails System

Madam Chairwoman and members of the subcommittee: The Partnership
for the National Trails System (NTS) appreciates your support over the
past 15 years, through operations funding and dedicated Challenge Cost
Share funds, for the national scenic and historic trails administered
by the National Park Service (NPS). We also appreciate your increased
allocation of funds to support the trails administered and managed by
the Forest Service (USFS) and for the trails in the Bureau of Land
Management's (BLM) National Landscape Conservation System (NLCS). To
continue the progress that you have fostered, the Partnership requests
that you provide annual operations funding for each of the 30 national
scenic and historic trails for fiscal year 2010 through these
appropriations:
--NPS.--$15.063 million for administration of 23 trails and for
coordination of the long-distance trails program by the
Washington office. Construction: $300,000 for the Overmountain
Victory and $200,000 for the Pacific Crest Trails. Feasibility
Studies and Projects: $200,000 for the Overmountain Victory and
$230,000 for the North Country Trails.
--USDA USFS.--$10.011 million to administer six trails and $1.1
million to manage parts of 16 trails administered by the NPS or
BLM; Construction: $1 million for the Iditarod Trail and
$325,000 for the North Country Trail.
--BLM.--to coordinate its NTS Program: $250,000; to administer these
three trails: Iditarod Trail: $670,000, the Camino Real de
Tierra Adentro Trail: $230,000, the Old Spanish Trail: $350,000
and to manage portions of 10 trails administered by the NPS or
the USFS: $3.088 million; $3,140,000 for operating five
National Historic Trail interpretive centers; Construction:
$350,000 for the Continental Divide and $300,000 for the
Pacific Crest Trails.
--We ask that you appropriate $4.5 million for the NPS Challenge Cost
Share Program and continue to direct one-third ($1,500,000) for
national scenic and historic trails or create a separate $1.5
million NTS Challenge Cost Share Program.
--We ask that you add $500,000 to the BLM's Challenge Cost Share
Program and allocate it for the national scenic and historic
trails it administers or manages.
--We ask that you appropriate $1.253 million to the NPS Conservation
and Outdoor Recreation office to support the second year of a
5-year interagency project to develop a consistent systemwide
NTS Geographic Information System (GIS).
We ask that you appropriate from the Land and Water Conservation
Fund (LWCF) for land acquisition:
--To the USFS.--$10.75 million for the Pacific Crest Trail; $6.357
million for the Florida Trail; and $15.02 million for the
Appalachian Trail;
--To the BLM.--$3 million for the Camino Real de Tierra Adentro Trail
in New Mexico; $1 million for the Lewis & Clark Trail in
Montana; $4.25 million for the Pacific Crest Trail in Oregon;
and $150,000 for the Continental Divide Trail in New Mexico;
--To the NPS.--$4.75 million to grant to the State of Wisconsin to
match State funds for the Ice Age Trail and $2 million to grant
to seven States for the North Country Trail; $1.375 million for
the Appalachian Trail; and $1.5 million for the Overmountain
Victory Trail.
NPS
We request $1.253 million to fund the second year of a 5-year
interagency effort to develop a consistent GIS for all 30 national
scenic and historic trails as described in the August 2001 report
(requested by Congress in the fiscal year 2001 appropriation) ``GIS For
the National Trails System.'' This funding will be shared with the BLM
and the USFS. We support the administration's requested $957,000 for
the Connect Trails to Parks project to enhance the public's
understanding of the NTS and its relationship to the NPS.
The $15.063 million we request for NPS operations includes
increases for some of the trails to continue the progress and new
initiatives made possible by the additional funding provided by
Congress in fiscal year 2001, fiscal year 2004, fiscal year 2005,
fiscal year 2006, fiscal year 2008, and fiscal year 2009. Our request
includes $150,000 of ``start-up'' funding for each of the new trails
authorized by Congress in 2008 and 2009: the Star Spangled Banner and
Washington-Rochambeau National Historic Trails and the New England
National Scenic Trail.
We request an increase of $596,000 to expand NPS efforts to protect
cultural landscapes at more than 200 sites along the Santa Fe Trail, to
develop GIS mapping, and to fund public educational outreach programs
of the Santa Fe Trail Association. An increase of $679,000 for the
Trail of Tears will enable the Park Service to work with the Trail of
Tears Association to develop a GIS to map the Trail's historical and
cultural heritage sites to protect them and to develop interpretation
of them for visitors. Our requested increase of $308,000 for the Ala
Kahakai Trail will enable the NPS to work with E Mau Na Ala Hele and
other community organizations to care for resources on the land and
with the University of Hawaii to conduct archaeological and cultural
landscape studies along the trail. Our requested increase of $315,000
for the Captain John Smith Chesapeake Trail will provide interpretive,
access and recreation planning and project development assistance to
State, community, and nonprofit trail partners and hasten completion of
the Comprehensive Management Plan for the Trail.
We request an increase of $115,000 for the Appalachian Trail to
expand the highly successful ``Trail to Every Classroom'' program of
the Appalachian Trail Conservancy. The $969,000 we request for the
4,200-mile North Country Trail will enable the NPS to provide greater
support for the regional GIS mapping, trail building, trail management,
and training of volunteers led by the North Country Trail Association,
hastening the day when our Nation's longest national scenic trail will
be fully opened for use. The $1,111,000 we request for the Ice Age
Trail includes a $265,000 increase to enable the NPS to develop and
begin to implement an Interpretive Plan, to complete trail route
planning, and to support stewardship by Ice Age Park & Trail Foundation
staff and volunteers of lands acquired for the trail.
Feasibility and Planning Studies.--We request $200,000 for a
feasibility study of the location for a headquarters and visitor center
for the Overmountain Victory Trail and $230,000 for a GIS-based natural
resource inventory and community economic impact studies for the North
Country Trail.
Construction.--We request that you appropriate for trail and
historic site construction projects $300,000 for the Overmountain
Victory Trail and $200,000 for the Pacific Crest Trail.
Challenge Cost Share programs are one of the most effective and
efficient ways for Federal agencies to accomplish a wide array of
projects for public benefit while also sustaining partnerships
involving countless private citizens in doing public service work. The
Partnership requests that you appropriate $4.5 million in Challenge
Cost Share funding to the NPS for fiscal year 2010 as a wise investment
of public money that will generate public benefits many times greater
than its sum. We ask you to continue to direct one-third of the $4.5
million for the national scenic and historic trails to continue the
steady progress toward making these trails fully available for public
enjoyment. We suggest, as an alternative to the annual allocating of
funds from the Regular Challenge Cost Share program, that you establish
a separate NTS Challenge Cost Share program with $1.5 million funding.
USDA USFS
As you have done for several years, we ask that you provide
additional operations funding to the USFS for administering three
national scenic trails and one national historic trail, and managing
parts of 16 other trails. We ask you to appropriate $9.011 million as a
separate budgetary item specifically for the Continental Divide,
Florida and Pacific Crest National Scenic Trails, and the Nez Perce
National Historic Trail within an over-all appropriation for Capital
Improvements and Maintenance for Trails of $136.4 million. Full-time
managers have been assigned for each of these trails by the USFS.
Recognizing the on-the-ground management responsibility the USFS has
for 838 miles of the Appalachian Trail, more than 650 miles of the
North Country Trail, and sections of the Ice Age, Anza, Caminos Real de
Tierra Adentro and de Tejas, Lewis & Clark, California, Iditarod,
Mormon Pioneer, Old Spanish, Oregon, Overmountain Victory, Pony
Express, Trail of Tears and Santa Fe Trails, we ask you to appropriate
$1.1 million specifically for these trails. We request $500,000 of
``start-up'' funding for each of the new trails authorized by Congress
in 2009: the Arizona and Pacific Northwest National Scenic Trails,
which the USFS will administer. We also request $1 million for the
Chugach National Forest to begin to develop the Southern Trek of the
Iditarod Trail and $325,000 to do NEPA planning for the North Country
Trail in the Chippewa and Superior National Forests.
Work is underway, supported by funds you provided over the past 8
years, to close several major gaps in the Florida Trail. In 2008,
Florida Trail Association (FTA) volunteers built or reconstructed 65
miles of Trail, 11 bridges, and 508 feet of boardwalk. The
Partnership's request of $9.011 million above includes $1.75 million to
enable the USFS and FTA to build 5 miles of new trail and to control
invasive species, do ecosystem restoration, and otherwise manage 3,418
acres of new FTA land.
The Partnership's request of $9.011 million above also includes
$2.1 million to enable the USFS and the Continental Divide Trail
Alliance to build or reconstruct 156 more miles of the Continental
Divide Trail. This will continue new CDT construction funded each year
since fiscal year 1998.
BLM
While the BLM has administrative authority only for the Iditarod,
El Camino Real de Tierra Adentro, and the Old Spanish National Historic
Trails, it has on-the-ground management responsibility for 641 miles of
three scenic trails and 3,115 miles of seven historic trails
administered by the NPS and USFS. The BLM recognized the significance
of these trails by including them in the NLCS and, for the first time,
in fiscal year 2002, by providing funding for each of them. The
Partnership applauds these decisions of the BLM and encourages its
staff to budget specific funding for each of these trails.
We ask you to provide at least $75 million as new permanent base
funding for the NLCS and that you appropriate as new permanent base
funding $250,000 for NTS Program Coordination, $670,000 for the
Iditarod Trail, $230,000 for El Camino Real de Tierra Adentro Trail,
$350,000 for the Old Spanish Trail, and $3,088,000 for management of
the portions of the 10 other trails under the care of the BLM. We
request $350,000 for construction of new sections of the Continental
Divide Trail, $300,000 for maintenance of the Pacific Crest Trail; and
$3,140,000 to operate five historic trails interpretive centers.
We ask you to add $500,000 to the Challenge Cost Share program and
direct the money for the NTS as you have done for many years with the
Park Service's Challenge Cost Share program.
To promote greater management transparency and accountability for
the National Trails and the whole NLCS, we urge you to request
expenditure and accomplishment reports for each of the NLCS units for
fiscal year 2009 and to direct the BLM to include unit-level
allocations by major sub-activities for each of the scenic and historic
trails, and wild and scenic rivers--as the BLM has done for the
monuments and conservation areas--within a new activity account for the
NLCS in fiscal year 2010. Existing accounts for Wilderness Areas and
Wilderness Study Areas should also be included in this new NLCS
activity account. The BLM's lack of a unified budget account for
National Trails prevents the agency from efficiently planning,
implementing, reporting, and taking advantage of cost-saving and
leveraging partnerships and volunteer contributions for every activity
related to these national resources.
LWCF
The Partnership requests that you fully appropriate the $900
million annual authorized appropriation from the LWCF and that you make
the specific appropriations for national scenic and historic trails
detailed at the beginning of this statement and below.
USFS.--The $10.75 million we request for the Pacific Crest Trail
(PCT) will continue to support the work and acquisition underway by the
USFS Lands Team and the NPS National Trail Land Resources Program
Center, protecting 12 miles of PCT in Washington and taking 34 miles
off of roads in southern California. The $6.357 million requested for
the Florida Trail will continue another successful collaboration
between these two agencies to protect 16 critical segments involving
another 4 miles of the trail and the $15.020 million requested will
protect sections of the Appalachian Trail in the Cherokee and Nantahala
National Forests.
BLM.--The $4.25 million requested for the Cascade Siskiyou National
Monument will also preserve sections of the Pacific Crest Trail in
Oregon, the $1 million requested for the Chain-of-Lakes in Montana will
preserve a stretch of the Lewis & Clark Trail, and the $3 million
requested for La Cienega ACEC in New Mexico will preserve a significant
site along El Camino Real de Tierra Adentro National Historic Trail.
The $150,000 requested will purchase easements for the Continental
Divide Trail in New Mexico.
NPS.--The National Trails System Act encourages States to assist in
the conservation of the resources and development of the national
scenic and historic trails. Wisconsin has matched $12.3 million of
fiscal year 2000-2006 and fiscal year 2008 LWCF funding with $20.5
million to help conserve the resources of the Ice Age National Scenic
Trail by purchasing 42 parcels totaling 7,259 acres. Another 40 parcels
are under negotiation, appraisal, or option to purchase. All of the
LWCF funds appropriated for the Ice Age Trail have been spent. The
requested $4.75 million LWCF grant to Wisconsin will continue this very
successful Federal/State/local partnership for protecting land for the
Ice Age Trail. We also request $2 million to provide similar grants to
the 7 States along its route to close gaps in the North Country Trail
and $1.375 million for the NPS to acquire one parcel in New Hampshire
for the Appalachian Trail. The $1.5 million requested for the
Overmountain Victory Trail will protect key links and sites in North
Carolina, Tennessee, and Virginia.
Private Sector Support for the NTS
Public-spirited partnerships between private citizens and public
agencies have been a hallmark of the NTS since its inception. These
partnerships create the enduring strength of the NTS and the trail
communities that sustain it by combining the local, grass-roots energy
and responsiveness of volunteers with the responsible continuity of
public agencies. They also provide private financial support for public
projects, often resulting in a greater than equal match of funds.
The private trail organizations' commitment to the success of these
trail-sustaining partnerships grows even as Congress' support for the
trails has grown. In 2008 the trail organizations fostered 771,933
hours--an increase of 6.5 percent more than 2007--of documented
volunteer labor valued at $15,631,643 to help sustain the national
scenic and historic trails. The organizations also raised private
sector contributions of $9,108,338 to benefit the trails.
______

Prepared Statement of the Porcupine School

On behalf of Porcupine School, thank you for the opportunity to
submit views on the fiscal year 2010 Bureau of Indian Education (BIE)
funding request that is contained in the Interior, Environment, and
Related Agencies appropriations. The Porcupine School is a located
within the Pine Ridge Indian Reservation in South Dakota. Our school
has operated as a BIE grant school since the 1980s, and serves more
than 180 students in kindergarten through eighth grade.
The Porcupine School students, parents, faculty, and administration
are all greatly appreciative of the funding Congress provided that
enabled us to recently replace our aged school with new construction.
Nonetheless, we are disappointed that despite a new administration, the
fiscal year 2010 budget proposal does not seek to address much of the
chronic underfunding that places a great strain our ability to properly
staff and operate our schools. Our testimony focuses on three of the
vitally important programs that greatly impact the quality of education
we are able to provide our students:
--Administrative Cost Grants;
--Facilities Operations and Maintenance; and
--Indian School Equalization Program.
Administrative Cost Grants
The Administrative Cost Grants (ACG) is provided to tribally
operated schools for the administrative costs incurred in the operation
of school programs, i.e., fiscal management, overhead services, health
insurance, workmen's compensation insurance, pensions, personnel
services, etc. The level of need for each school is determined by the
statutorily mandated formula for calculation of ACGs. However, since
fiscal year 2003 the annual appropriated amount has been flat funded,
resulting in a steady erosion in the amount of ACGs that is allocated
to each tribally operated school. For example, in school year 2007-
2008, the BIE provided only 65.75 percent of ACG need. Then in school
year 2008-2009 the rate fell to an even lower 62.36 percent. Because
the fiscal year 2010 budget request proposes level funding again at
$43.3 million, we fear the ACG level of need funded will fall even
further, perhaps below 60 percent.
Despite whether ACG is funded at 100 percent or 60 percent, the
administration of a school, compliance with Federal requirements,
accountability must be fulfilled. In order to do so, we, like other
grant and contract schools, have had to make up any ACG shortfalls by
instituting cost-cutting measures, layoffs, and even dipping into other
available resources, such as the classroom and transportation funds. At
Porcupine School we have are fortunate to have included a school nurse
office into the design of our new school building--but we have no funds
to hire a nurse.
We cannot fathom why the administration has not sought an increase
in ACGs when it has plainly accepted, and appears to support, the need
to adequately fund the indirect costs for BIA and Indian Health Service
(IHS) contract support costs (CSC). This is evidenced by the fact that
the administration seeks a $5.5 million increase in order to pay BIA
contract support costs at 77.4 percent, and requests an additional $2
million for the Indian Self-Determination Fund to pay CSC of new
contractors. For IHS contract support costs, the administration seeks
an astounding $107 million increase.
We urge that Congress address the chronic ACG shortfall and
appropriate funds at a level that would provide the tribally operated
schools 100 percent of need, which has been estimated to be $58.6
million.
Facilities Operations
As stated above, the Porcupine School facility has been newly
constructed and we anticipate the updated electrical, heating, and
other infrastructure systems will help with facility operations run
more efficiently and with cost effectiveness. Nonetheless, we are
chagrined the BIE does not seek more than an additional $2 million to
address the consistent shortfall in facilities operations funds. After
providing millions of Federal dollars to build our new school, we would
have expected the BIE to want to protect the Federal Government's
investment in this facility by supplying sufficient funds to prudently
operate it and assure that the students who occupy it receive the
benefit Congress intended. These funds are used to help cover expenses
such as utilities, communications, maintenance of grounds, garbage
collection, custodial supplies and services, and a host of other
operations costs.
In its budget justification, the BIE states the requested increase
``will partially offset the 29.7 percent increase in school utility
costs'' that have occurred since 2005. What BIE fails to disclose is
the amount of the shortfall that schools must make up from elsewhere in
their budgets. In the current school year, Porcupine School has
received only 43 percent of the facilities operations amount it is due.
How can we hope to operate effectively if we must make critical
sacrifices that directly impact facility operations, such as having to
let go some janitors and the security guard--although the need for
these positions and the associated work remain?
We thank Congress for the additional funds in fiscal year 2009 and
via the American Economic Recovery and Reinvestment Act that will help
more BIE-funded schools address the long-standing backlog of repairs.
We urge Congress to take the next step and provide a level of funding
that allows us to maintain those investments and begin to address even
preventive maintenance. Timely and adequate distribution of funds is
vital to ensuring our schools are properly staffed, maintained, and
operational.
Indian School Equalization Program (ISEP)
The ISEP formula funds are the lifeblood of our school budgets.
These funds are utilized for school professional and support staff
salaries, classroom materials, supplies and other costs associated with
the curriculum/education side of the school operations.
The majority of our ISEP is dedicated to salaries, yet we cannot
compare to the salaries offered by the public schools and even the BIE-
operated schools. This puts us at a distinct disadvantage in our
ability to attract the most qualified teachers, much less those who
would be willing to relocated to our rural, isolated Indian
reservation. Even the recruitment costs are higher due to our locale.
As we have noted, when there are shortfalls in other areas of the
school budget, e.g., ACGs, facilities operations, student
transportation, etc., we often have to divert from the education
program account to cover those costs.
The Porcupine School supports the administration's fiscal year 2010
request for a $10 million increase for ISEP, although it translates to
only $236.51/student--if every $1 of the increase is directed to the
schools and none ``held'' at the BIE administration level. What
Porcupine School recommends is that Congress provide at least an
additional $500 per student.
Conclusion
We look forward to working with you on the fiscal year 2010 budget
for the BIE.
______

Prepared Statement of the Pacific Salmon Commission

Mr. Chairman, and honorable members of the subcommittee, my name is
Jeff Koenings and I serve as an Alternate Commissioner on the Pacific
Salmon Commission (PSC). The U.S. section prepares an annual budget for
implementation of the treaty. The integrated budget details program
needs and costs for tribal, Federal, and State agencies involved in the
treaty. Under the Bureau of Indian Affairs budget, the U.S. section
recommends that Congress:
--Fund the tribes' program at a restored funding level of $4,800,000
for tribal research projects and participation in the U.S.-
Canada Pacific Salmon Treaty process, an increase of $2,530,000
more than the fiscal year 2009 omnibus funding bill. This
funding level represents restoration of funding to the fiscal
year 2008 level plus adjustments to meet increased obligations
under the 2009-2018 Pacific Salmon Treaty Agreement. The
funding for tribal participation in the U.S./Canada Salmon
Treaty is a line item under the Rights Protection
Implementation, Wildlife and Parks, Other Recurring Programs
Area.
Under U.S. Fish and Wildlife Service (FWS) programs, the U.S.
section recommends that Congress:
--Provide base funding of $445,000 for USFWS participation in the
Treaty process, and provide funding of $250,000 for the Pacific
States Marine Fisheries Commission's (PSMFC) Regional Mark
Processing Center (RMPC).
This base funding for the FWS will pay for the critically important
on-going work. The funding for PSMFC's RMPC is utilized to meet Treaty
requirements concerning data exchange with Canada. These program
recommendations are integrated with those of the State and Federal
agencies to avoid duplication of effort and provide for the most
efficient expenditure of scarce funds.
A copy of the integrated U.S. section budget justification has been
made available to the subcommittee. The budget summary justifies the
funding we are recommending today. All of the funds are needed for
critical data collection and research activities directly related to
the implementation of the Treaty and are used in cooperative programs
involving Federal, State, and tribal fishery agencies and the
Department of Fisheries in Canada. The monetary commitment of the
United States is matched by the commitment of the Government of Canada.
The U.S. section of the PSC is recommending a substantial
adjustment to the funding for the work carried out by the 24 treaty
tribes' that participate in the implementation of the Treaty. Programs
carried out by the tribes are closely coordinated with those of the
States and Federal agencies, but the tribes' efforts are now being
hampered by forced staff reductions due to a 45 percent reduction in
fiscal year 2009 funding for the Treaty program. Tribal programs are
essential for the United States to meet its international obligations.
We are strongly recommending maintaining base funding of $445,000
for the FWS so the United States can maintain the critical database to
implement the Treaty. We also strongly recommend funding of $250,000 to
allow continuation of work carried out by the Regional Mark Processing
Center. This work, maintaining and updating a coastwide computerized
information management system for salmon harvest and catch effort data
as required by the Treaty, has become even more important to monitor
the success of management actions at reducing impacts on ESA-listed
salmon populations. Canada has a counterpart database. The database
will continue to be housed at the PSMFC. FWS will contract with the
PSFMC to provide this service.
Mr. Chairman, the United States and Canada established the PSC,
under the Pacific Salmon Treaty of 1985, to conserve salmon stocks,
provide for optimum production of salmon, and to control salmon
interceptions. After more than 20 years, the work of the PSC continues
to be essential for the wise management of salmon in the Northwest,
British Columbia, and Alaska. For example, upriver Bright fall Chinook
salmon from the Hanford Reach of the Columbia River are caught in large
numbers in Alaskan and Canadian waters. Tribal and nontribal fishermen
harvest sockeye salmon from Canada's Fraser River in the Strait of Juan
de Fuca and in Puget Sound. Canadian trollers off of the west coast of
Vancouver Island catch Washington coastal Coho salmon. In the Northern
Boundary area between Canada and Alaska, fish from both countries are
intercepted by the other country in large numbers. The Commission
provides a forum to ensure cooperative management of salmon
populations. In 2008, the United States and Canada successfully
concluded lengthy negotiations to improve this management, including
the adjustments to the coastwide abundance-based management regime for
Chinook salmon and a framework for abundance based management for
southern Coho populations. The agreement is intended to last for
through 2018. The Fraser River sockeye and pink chapter to the Pacific
Salmon Treaty expires in 2010 and negotiators are diligently working to
complete a revised agreement for management of those fisheries.
Before the Treaty, fish wars often erupted with one or both
countries overharvesting fish that were returning to the other country,
to the detriment of the resource. At the time the Treaty was signed,
Chinook salmon were in a severely depressed state as a result of
overharvest in the ocean as well as environmental degradation in the
spawning rivers. Under the Treaty, both countries committed to rebuild
the depressed runs of Chinook stocks, and they recommitted to that goal
in 1999 when adopting a coastwide abundance based approach to harvest
management. Under this approach, harvest management will complement
habitat conservation and restoration activities being undertaken by the
States, tribes, and other stakeholders in the Pacific Northwest to
address the needs of salmon listed for protection under the Endangered
Species Act. The 2008 Chinook agreement continues these commitments.
The combination of these efforts is integral to achieving success in
rebuilding and restoring healthy, sustainable salmon populations.
Finally, you should take into account the fact that the value of
the commercial harvest of salmon subject to the Treaty, managed at
productive levels under the Treaty, supports the infrastructure of many
coastal and inland communities. The value of the recreational
fisheries, and the economic diversity they provide for local economies
throughout the Pacific Northwest and Alaska, is also immense. The value
of these fish to the 24 treaty tribes in Washington, Oregon, and Idaho
goes far beyond their monetary value, to the cultural and religious
lives of Indian people. A significant monetary investment is focused on
salmon as a result of listings of Pacific Northwest salmon populations
under the Endangered Species Act. Given the resources, we can continue
to use the Pacific Salmon Commission to develop recommendations that
help to ensure solutions that minimize impacts on listed stocks,
especially if we are allowed to work toward the true intent of the
Treaty: mutually beneficial enhancement of the shared resource.
Mr. Chairman, that concludes my written testimony submitted for
consideration by your subcommittee. I want to thank the subcommittee
for the support that it has given the U.S. section in the past. Please
feel free to contact me, or other members of the U.S. section, through
the Office of the U.S. section coordinator to answer any questions you
or subcommittee members may have regarding the U.S. section of the PSC
budget.

SUMMARY OF TRIBAL AND FISH AND WILDLIFE SERVICE PROGRAMS UNDER THE
U.S.-CANADA PACIFIC SALMON TREATY

DEPARTMENT OF THE INTERIOR
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2009 actual 2010 Increase
appropriation recommendation
----------------------------------------------------------------------------------------------------------------

Bureau of Indian Affairs, Wildlife and Parks, Rights 2,270 4,800 2,530
----------------------------------------------------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2009 actual 2009 Increase
appropriation recommendation
----------------------------------------------------------------------------------------------------------------

U.S. Fish and Wildlife Service, Anadromous Fisheries............ 695 695 ..............
----------------------------------------------------------------------------------------------------------------

______

Prepared Statement of the Passamaquoddy Tribe

Madame Chairwoman and distinguished committee members: My name is
Richard Phillips-Doyle and I am the elected Sakom/Chief of the
Passamaquoddy Tribe located on the Pleasant Point reservation in Perry,
Maine. I would like to thank you for the opportunity to provide
testimony to the Appropriations Subcommittee on the Interior,
Environment, and Related Agencies. I will be requesting appropriations
from the Department of the Interior, Bureau of Indian Affairs (BIA) for
an annual appropriation of $2,410,739.
Pleasant Point reservation is located in rural Washington County
Maine and is situated along the shores of Passamaquoddy Bay. Washington
County is approximately 2,500 square miles and has a year-round
population of just more than 32,000 people (32,499). Historically,
Washington County has been one of the most economically depressed
counties in the State of Maine as well as the rest of the country.
The Passamaquoddy have lived on the shores of Passamaquoddy Bay for
more than 10,000 years and have maintained a reservation at its present
location since before Maine became a State and was still part of
Massachusetts. The reservation at Pleasant Point is comprised of 527
acres with an additional 132,000 acres that is both fee and Federal
trust lands. As of January 1, 2009 the current on-reservation
population is 685 individuals (367 females and 318 males).
The tribe is currently the largest employer in the immediate area
and employs 88 people (19 of which are non-tribal members). This figure
is down from 113 employees and represents a 22.2 percent decrease in
the tribe's labor force since January 1 of this year. Presently the
tribal unemployment rate is 65 percent with the majority of those
employed individuals working for tribal government. For comparison
purposes the unemployment rate for Washington County, Maine is 13.6
percent and 8.1 percent for the entire State (as of March 2009).
Due to a short fall in funding of $900,590 the tribe has had to lay
off a number of its employees (26 individuals) since January 1 of this
year. This shortage of funds, as you can imagine, has had a detrimental
affect on essential tribal programs and services. Although practically
every program and/or department has been adversely affected, the
following programs and departments have sustained the brunt of these
funding shortfalls:
--Law enforcement (Including radio dispatch services);
--Fire protection;
--Public works;
--Tribal game wardens;
--Tribal recreation and youth;
--Education and adult vocational/technical; and
--Waste water treatment.
To reiterate, the Passamaquoddy Tribe at Pleasant Point is
requesting additional funding in the amount of $900,590 on top of its
base funding of $1,510,149 for a total of $2,410,739 for fiscal year
2010.
______

Prepared Statement of the Public Trust Environmental Legal Institute of
Florida, Inc.

Madam Chairman and honorable members of the subcommittee: I want to
thank you for the opportunity to present this testimony in support of
protecting land at the Timucuan Ecological and Historic Preserve (EHP)
near Jacksonville, Florida. There is an opportunity for the National
Park Service (NPS) to expand the park to include properties near Thomas
Creek. The first phase of the Seaton Creek tract (approximately 157
acres) can be acquired by the NPS with an appropriation of $3 million
from the Land and Water Conservation Fund (LWCF).
The Public Trust Environmental Legal Institute of Florida is a
501(c)(3) nonprofit environmental organization. Commonly known as the
``Public Trust,'' our primary focus is the zealous protection of the
city of Jacksonville's Preservation Project and other Federal- and
State-protected lands and waters. We pursue legal means, including
litigation if necessary, to protect and preserve the public lands and
waters. Additionally, we support the education of political leaders,
Government officials and citizens by participating in speaking
engagements and writing articles and letters. The Public Trust also
promotes the use and enjoyment of land and waters within the public
trust. The Timucuan Preserve is a keystone to Northeast Florida's
public lands and waters and thus its protection and hopeful expansion
is directly tied to our mission.
I also respectfully request a substantial increase in overall
funding for the LWCF, specifically urging the subcommittee to provide
$325 million for the Federal LWCF in the fiscal year 2010 Interior,
Environment, and Related Agencies appropriations bill. I applaud the
LWCF funding increases provided by this subcommittee in fiscal year
2009. And, we are most thankful that the Obama administration budget
recognizes the importance of these programs by proposing significant
increases for fiscal year 2010 and setting a goal to achieve full
funding of the LWCF in the next 5 years.
The LWCF is our Nation's premier program to acquire and protect
lands in national parks, national wildlife refuges, national forests,
Bureau of Land Management units, and other Federal land systems. This
program faces an extensive and growing backlog of land acquisition
needs across the Nation. Public lands provide innumerable social and
economic benefits including a healthy lifestyle, protection of
watersheds and drinking water supplies, wildfire reduction and
prevention, and assistance to wildlife and fisheries as they adapt to
climate change. We urge you to renew this wise investment in America's
natural heritage and take steps toward full and consistent funding of
these vital programs.
Located about 10 miles northeast of downtown Jacksonville, Florida,
the Timucuan EHP is a unique national park site. Created by Congress in
1988, the park is cooperatively managed by the NPS, the State of
Florida, the city of Jacksonville, and hundreds of private landowners
within the preserve to protect a treasured coastal ecosystem and
centuries of history.
Timucuan EHP is named for the Timucua, a pre-Columbian people who
lived on the coasts and river mouths of northeastern Florida. Intimate
with the ocean shore and its resources, the most notable archeological
remnants left by the Timucua are mounds of oyster and clam shells. They
also carved into tree trunks to make canoes in order to navigate the
miles of watery passageways in the marshes and estuaries. When French
settlers first arrived at the mouth of the St. Johns River in 1562, the
Timucua offered assistance in building the Fort Caroline settlement.
The Spanish, however, were not far behind, establishing a settlement 30
miles to the south at St. Augustine in 1565. Not content with sharing
Florida with the French, the Spanish quickly descended on Fort Caroline
that same year and destroyed it, solidifying their control of the
peninsula for most of the next 250 years. Meanwhile, like most of the
other coastal Native Americans, the Timucua people suffered greatly
from European diseases to which they had no immunity, and the culture
eventually disappeared in the early 18th century.
Timucuan EHP extends more than 46,000 acres at the mouths of the
St. Johns and Nassau rivers. Major sites within the preserve are Fort
Caroline National Memorial; the Theodore Roosevelt Area, a marsh with
boardwalk trails and wildlife observation points; and the Kingsley
Plantation, which offers the interpretation of a 19th-century slave
plantation. The Thomas Creek area of the preserve is believed to be the
site of a 1777 battle known as the southernmost encounter between the
Americans and British during the Revolutionary War. Only a portion of
the battlefield is protected. The park also offers visitors
opportunities for water recreation including boating and fishing.
In the original 1988 legislation, Congress authorized the
acquisition of historical sites spanning more than 300 years from Fort
Caroline to the Civil War. An expansion bill passed in 2004 authorized
the park to accept a parcel containing a pristine coastal dune at
American Beach, the first African American beach resort in Florida. The
NPS now has the opportunity to include within the boundaries of
Timucuan EHP an additional 1,772 acres of land south of Thomas Creek.
This property has significant ecological resources consistent with
those of the Timucuan preserve. The area is about 70 percent uplands
and 30 percent wetlands, with the wetlands including salt marsh and
bottomland forests. The landscape provides habitat for many notable
species including bald eagle, wood duck, hooded merganser, deer,
turkey, and quail. Bobcats have been sighted in the area, which is also
thought to have habitat suitable for wood storks, gopher tortoises,
flatwoods salamanders, and eastern indigo snakes, all Federal or State-
listed threatened or endangered species.
Because of its links to the Nassau River watershed, the State of
Florida has listed this area as a priority for acquisition and
conservation through the Florida Forever Program. The project area,
known as the Northeast Florida Timberlands and Watershed Reserve,
covers forested watershed land in Nassau, Duval, and Clay counties. The
reserve was categorized in September 2008 by the State as an ``A'' list
priority acquisition area and as 1 of 21 projects listed as highest
priority.
The Timucuan Preserve's expansion area would link and buffer
several Federal and State-owned sites. Conservation of the tracts would
link Timucuan EHP with a city-owned preserve to the west. About a mile
to the west is the 526-acre Jacksonville National Cemetery. Authorized
by Congress in 2003, the cemetery opened in January 2009. A road may be
constructed through a portion of the expansion area to improve access
to the cemetery. Lastly, Jacksonville International Airport lies just
to the south, and the expansion area may serve as an undeveloped buffer
to the airport and to the Florida Air National Guard facilities.
This key location also introduces significant development threats
to the 1,772-acre expansion area. The airport is a large economic
generator in the region, and lands around it are expected to see high
rates of growth in upcoming years. While the construction of the road
would serve the purpose of improving access to the national cemetery,
it would also increase the desirability of development in a location
close to Interstate 95. In fact, the property was recently zoned for
commercial and residential development uses and full entitlements were
granted by Duval County. It was approved for a master Regional Activity
Center adjacent to the I-95 commercial corridor just north of the
Jacksonville International Airport. If it is not protected in the near
future, it could still be developed once the economy improves.
Available for acquisition in fiscal year 2010 is the first phase of
the 262-acre Seaton Creek parcel, which is located in the easternmost
portion of the expansion area. The first phase will be approximately
157 acres. The parcel is crossed by Boat Swamp, Seaton, and Houston
creeks. Seaton and Houston creeks have the special State designation as
``Outstanding Florida Waters'' because of their connection to Timucuan
EHP. During a recent archeological survey conducted on the tract, a
Revolutionary War-era military coat button was found. Protection of the
property would ensure complete examination of the site for other
artifacts from the Thomas Creek battle. Much of this property is
included in the State's Pumpkin Hill Creek Florida Forever acquisition
priority area, which seeks to protect one of the largest natural
uplands in Duval County, maintain the water quality of the St. Johns
and Nassau rivers, and preserve marshland habitat. Like the Northeast
Florida Timberlands and Watershed Reserve, the Pumpkin Hill Creek area
is categorized by the State as an ``A'' list priority.
Additional parcels in the expansion area will be made available for
acquisition by the State of Florida and the city of Jacksonville, as
these lands are also contiguous with lands owned by these governments.
Protection of the entire expansion area will be a cooperative effort of
State, local, and Federal entities. As soon as the expansion of
Timucuan EHP is approved, an appropriation of $3 million from the Land
and Water Conservation Fund can begin the NPS acquisition of the Seaton
Creek parcel, which will provide additional recreational opportunities
for park visitors and protect key natural and cultural resources.
Thank you, Madam Chairman, for the opportunity to present this
testimony on this important land conservation project in northeastern
Florida.
______

Prepared Statement of the Puyallup Tribe of Indians

Mr. Chairman, my name is Herman Dillon, Sr., Puyallup Tribal
Chairman. We thank the subcommittee for past support of many tribal
issues and in your interest today. We share our concerns and request
assistance in reaching objectives of significance to the Congress, the
tribe, and to 25,000+ Indians (constituents) in our urban service area.
U.S. Department of the Interior--Bureau of Indian Affairs (BIA).--
The Puyallup Tribe submits the following detailed written testimony to
the U.S. Senate Subcommittee on the Interior, Environment, and Related
Agencies. We look forward to working with Congress to insure that
funding levels for programs necessary for the Puyallup Tribe to carry-
out our sovereign responsibility of self-determination and self-
governance for the benefit of the 4,004 Puyallup tribal members and the
members from approximately 355 federally recognized tribes who utilize
our services are included in the fiscal year 2010 budget.
Puyallup Nation Law Enforcement.--The Puyallup Reservation is
located in the urbanized Seattle-Tacoma area of the State of
Washington. The 18,061 acre reservation and related urban service area
contains 25,000+ Native Americans from more than 355 tribes and Alaskan
villages. The Puyallup Nation Law Enforcement Division currently has a
Chief of Police, 26 commissioned officers, and 2 reserve officers to
cover 40 square miles of reservation in addition to the usual and
accustomed areas. Due to limited Federal funding for law enforcement in
Indian country, only two officers are funded with Public Law 93-638
funds. With the continuing increase in population, increase in gang-
related activities on the Puyallup Reservation and the impact of the
manufacturing of methamphetamines in the region, the services of the
Puyallup Nation law enforcement division are exceeding maximum levels.
A major area of concern is the status of the tribe's detention
facility. Due to damages from the February 2001 Nisqually earthquake,
we have had to relocate to modular/temporary facilities. Operated as a
``regional detention facility'' the Puyallup Tribe was able to provide
detention service to surrounding tribes. Since the relocation to
modular facilities the tribe's ability to effectively and safely
incarcerate detainee's has been compromised due to the condition of the
temporary detention facilities. These conditions have been verified by
a recent inspection by the BIA. with a recommendation that no further
funds be allocated to try and bring the facility up to any standard. In
an effort to protect the safety and welfare of the native community the
Puyallup Tribe has initiated the design and construction of a 28,000-
square foot ``Justice Center'' to be located on the Puyallup Indian
Reservation. The Justice Center will provide necessary facilities for
the delivery of judiciary services including a tribal court, court
clerk, prosecution, probation, public defender and law enforcement
services including police headquarters and a 7,000 square foot, 28 cell
``adult detention facility''.
--Request the subcommittee to support the increased funding to the
BIA public safety and justice law enforcement over the fiscal
year 2009 enacted budget and further request that the BIA
transfer Law Enforcement back into tribal priority allocations
(TPA);
--Support from the subcommittee on the tribes request to the
Subcommittee on Commerce, Justice, and Science, and Related
Agencies for funding in the amount of $5.25 million to
construct the ``detention'' portion of the Justice Center;
--Support from the subcommittee to fund to the tribal courts budget
in the fiscal year 2010 budget at no less than $25 million and
request that the subcommittee issue directive language to BIA
to include increased funding for the tribal courts fiscal year
2011 budget.
Fisheries and Natural Resources Management.--The Puyallup Tribe as
steward for land and marine waters in the Usual and Accustomed fish and
shellfish areas has treaty and governmental obligations and
responsibilities to manage natural resources for uses beneficial to the
regional community. Despite our diligent program efforts, the fisheries
resource is degrading and economic losses are incurred by Indian and
non-Indian fisherman, and surrounding communities. Our resource
management responsibilities cover thousands of square miles in the
Puget Sound region of the State of Washington with an obligation to
manage production of anadromous, nonanadromous fish and shellfish
resources. Existing levels of support are inadequate to reverse the
trend of resource/habitat degradation. Resource management is
constrained due to funding shortfalls. We seek subcommittee support and
endorsement in the following areas:
--Tribal fisheries resource management, hatchery operation and
maintenance funding via Public Law 93-638 contracts have not
increased substantially since establishment of base budgets in
1984. The demand on Puyallup Tribal Fisheries Program has grown
exponential since the 1980s and is currently faced by
Endangered Species Act listings on numerous species. We concur
with the Northwest Indian Fisheries Commission (NIFC) request
to increase base management funding in the amount of $12
million. We further support the existing BIA hatchery
maintenance and rehabilitation be funded at $1.5 million and
the hatchery reform implementation be funded at $3.34 million
to meet basic infrastructure maintenance costs for tribal
hatcheries;
--Steelhead numbers throughout the south Puget Sound region have
diminished markedly over the past 20 years. Generally, harvest
management restrictions in the form of fishing closures, wild
fish release regulations, and curtailed seasons and/or bag
limits have been enacted to protect wild stock. To avoid
possible extinction the Puyallup Tribe proposes to construct a
steelhead enhancement facility to be located on a 13-acre
property owned by the tribe on Wilkeson Creek in eastern Pierce
County. The program will be capped at rearing 150,000 smolts on
a combination of surface and pumped well water. The steelhead
will be reared for approximately 15 molts. This project will
facilitate the Puyallup Tribe and other resource agencies
involved to help stave of extinction of wild winter steelhead
in the Puyallup Watershed. We request Committee support to
appropriate $1.426 million for the Wilkeson Creek Property
Steelhead Hatchery Project;
--Washington Timber-Fish-Wildlife Program--United States/Canada
Pacific Salmon Treaty.--The TFW and the United States/Canada
Pacific Salmon Treaty programs has allowed for the expansion of
tribal participation in the State forest practice rules and
regulations and participate in intertribal organizations to
address specific treaties and/or legal cases which relate to
fishing rights, harvest, and management. We request
subcommittee support to restore base funding of $1.74 million
for TFW and $2.2 million for United States/Canada Pacific
Salmon Treaty fiscal year 2010 budget;
--Unresolved Hunting and Fishing Rights Program.--The Medicine Creek
Treaty secured the Puyallup Tribe and other tribes the right to
hunt on open and unclaimed lands. This treaty right is reserved
in the same paragraph that also reserved the right to fish and
gather shellfish. Unfortunately, the BIA program that is
designed to support this treaty activity has not received
adequate, if any, appropriations in the last several years.
Funds that were made available to tribes have been on a
competitive basis with a limited amount per program. The
Puyallup Tribe concurs with the NIFC request to fund $5 million
for tribal wildlife management--treaty hunting rights fiscal
year 2010 budget;
Operation of Indian Programs and Contract Support Costs.--The
fiscal year 2010 budget needs increased funding for the BIA--Operation
of Indian Programs. Within the Operations of Indian Programs is the
TPA. The TPA budget functions include the majority of funding used to
support on-going services at the ``local tribal'' level, including; law
enforcement, natural resources management, child welfare, housing,
tribal courts, and other tribal governmental services. These functions
have not received adequate funding to allow tribes the resources to
fully exercise self-determination and self-governance. Further, the
small increases ``TPA'' has received over the past few years have not
been adequate to keep pace with inflation. At a minimum, we request
your support and endorsement in the following;
--Support by the subcommittee to fund Operation of Indian Programs
fiscal year 2010 request at the President's suggested fiscal
year 2010 level of $2.2 billion and fund contract support costs
at 100 percent level;
--Tribal communities have some of the greatest needs in the areas of
child abuse and neglect and mental health services. Addressing
the current unmet needs in providing services to our most
vulnerable and victims of abuse should be a priority of all
people. The Puyallup Tribe proposes the development of a Child
Advocacy Center and Domestic Abuse Center designed to provide
services for children, youth, and families in need of child
welfare, mental health and juvenile justice services. We
request Committee support to increase funding for Indian child
welfare (TPA) by $45 million; Increase urban Indian child
welfare programs by $10 million; and Increase child welfare
assistance, BIA by $50 million.
Education.--Under DOI, BIA's budget has historically been
inadequate to meet the needs of Native Americans, resulting in unmet
educational needs that have multiplied over the past decade. The
Puyallup Tribe operates the pre-K to 12 Chief Leschi Schools which
includes a verified 2008-2009 school student enrollment of 910+
students, including ECEAP and the FACE program. The enrollment figures
represents near capacity with all classrooms being utilized on a daily
basis. With an increasing number of ``pre-kindergarten'' enrollment,
Chief Leschi Schools will exceed design capacity in the near future. We
request subcommittee support in the following:
--We concur with the NIEA request to increase Indian school
construction funding by $134.56 million from the enacted fiscal
year 2009 level of $128 million;
--We concur with the NIEA request to increase school transportation
in the amount of $25 million and adjust annually to keep pace
with inflationary costs and increased cost of fuel.
DHHS Indian Health Service (IHS).--Funding for the IHS fails to
meet the needs of health services for Native Americans. The Puyallup
Tribe has been operating their healthcare programs since 1976 through
the Indian Self-Determination Act, Public Law 93-638. The Puyallup
Tribal Health Authority (PTHA) operates a comprehensive ambulatory care
program to an expanding population in Tacoma and Pierce County,
Washington.
There are no IHS hospitals in the Portland area so all specialties
and hospital care have been paid for out of our contract care
allocation. The contract care allocation to PTHA has been significantly
inadequate to meet the needs since 2004 when the Puyallup Tribe
subsidized contract health with a $2.8 million contribution; in 2005
PTHA shifted to a priority one status. By 2008 the tribal subsidy
reached a staggering $6 million. Given that the PTHA service population
in only comprised of 17 percent Puyallup Tribal members tribal budget
priorities in 2009 indicate the Tribe is no longer able to make
subsidies to the PTHA. Contract Health dollars are expected to run out
by mid-2009. We request the following subcommittee support for the
fiscal year 2010 budget;
--Fund PTHA Contract Health Care Fund an additional $6 million to
match fiscal year 2008 tribal expenditures. Fund the IHS
contract health services budget at the President's requested
levels and to cover the 7 percent estimated inflation rate for
fiscal year 2010.
Adequate funding for the continued operations and delivery of
quality care is essential. PTHA, like most IHS and tribal facilities,
are annually asked to do more with less. PTHA has reached these limits
and are no longer able to keep pace with these raising demands. This
continued philosophy has put our clinic in a funding crisis. It is
estimated that it will take an increase of $428 million just to
maintain current IHS service levels in 2010. We request congressional
support for the fiscal year 2010 IHS budget in the following areas:
--Fund IHS at the President's requested $454 million increase
required to maintain current service levels including medical
inflation, payroll increase, and population growth;
--Restore $711 million in lost funding during the Bush administration
by providing adequate funding increases in fiscal years 2010
and 2011;
--Exempt IHS budget from rescissions. IHS health programs are subject
to the same rates of medical inflation as the Veterans
Administration and are deserving of the same consideration;
--The Indian Health Care Improvement Act (IHCIA) (Public Law 94-437)
provides funding for the IHS and has been pending re-
authorization since fiscal year 2000. Recently, the U.S. Senate
passed their version of the IHCIA and the U.S. House of
Representatives has pledged to pass a companion bill last
session. The Puyallup Tribe of Indians supports all efforts by
Congress and the administration to pass the IHCIA.
Transportation.--The Indian Reservation Roads (IRR) provides
essential funding to support the transportation infrastructure directly
effecting tribal economies, education, systems, healthcare, and social
service programs. Many of the 104,000 miles of IRR are unimproved and
unsafe for tribal communities to travel to hospitals, stores, schools,
and employment centers. We request subcommittee support in the
following IRR transportation areas:
--At a minimum, provide $800 million for the IRR program;
--At a minimum, provide $75 million for the IRR Bridge Program;
--At a minimum, provide $150 million for the BIA Road Maintenance
Program; and
--Ensure that any changes to the IRR via reauthorization is conducted
in open and fair consultation and rule making procedures.
______

Prepared Statement of the Quinault Indian Nation
``The Great Spirit bestowed life to all of us . . . including
the animals, birds, fish, insects and plants. Our collective
Native warnings and predictions were ignored in the rush to
capitalize and exploit the bountiful resources of the land.
Countless irreplaceable species are preserved now in museums or
documents in textbooks. As the consequences of unmanaged
exploitation and pollution reach irreversible proportions, the
United States heeded our centuries old appeals for
environmental protection. We only hope it's not too late and
that Mother Nature's wounds can still be healed. We will
continue to serve as the environmental conscience to the nation
and the world.''
Joseph B. DeLaCruz,
President,
Quinault Indian Nation, 1972-1993.
Thank you for the opportunity to appear before this subcommittee
and provide oral testimony on the fiscal year 2010 budgets for the
Bureau of Indian Affairs and the Indian Health Service (IHS). On behalf
of the Quinault Nation, we make the following requests and
recommendations:
Tribal-specific Priority Requests
$61 million for Blueback Restoration and $1.2 million for
Methamphetamine Strategy.
Local/regional Requests and Recommendations
Affiliated Tribes of Northwest Indians; Northwest Portland Area
Indian Health Board; and the Northwest Indian Fisheries Commission.
National Requests and Recommendations
Provide $25 million general increase to the Bureau of Indian
Affairs (BIA) Tribal Priority Allocation (TPA) for inflationary and
fixed costs; provide $57 million increase for BIA Contract Support Cost
(CSC), including direct CSC; Provide $470 million for IHS mandatory,
inflation, and population growth increase to maintain existing
healthcare services; $152 million increase for Contract Health Services
(CHS); $143 million increase for IHS to fully fund CSC, including
direct CSC; Increase $5 million to the IHS Office of Tribal Self-
Governance; Do not access unfair/disproportionate rescissions on fiscal
year 2010 funding for the BIA and IHS and other indian program funds
within the Department of the Interior; Support all requests and
recommendations of the National Congress of American Indians and
National Indian Health Board.
Tribal-specific Requests Justification
--$64 million Blueback restoration ($7 million annually from 2010-
2018)
The Blueback Restoration Program is designed to halt the current
habitat loss and deterioration and to repair and restore natural
habitat forming processes and sockeye production on the Quinault
floodplain. Conditions that will result from implementation of this
program will benefit other salmon stocks in the system and will serve
to protect private property and public infrastructure. The program plan
calls for formation of public and private coalitions and partnerships
to implement restoration actions.
The Quinault River Blueback (Sockeye Salmon) Restoration Program
will help to restore the natural beauty and productivity of the
Quinault River Basin to historic levels, thus making it a more
attractive tourism destination. In addition, the program will provide
local construction jobs during its implementation phase, and the
restoration program will result in conditions that will improve and
sustain commercial and sport fishing on the Quinault River. The program
will also benefit local residents and businesses by reducing the
likelihood of flooding and property loss and increasing local economies
both in the near- and long-term future. Implementation of the
restoration program will help avoid the burdensome and restrictive
consequences of having the Quinault sockeye listed as threatened or
endangered under provisions of the Endangered Species Act (ESA).
This unique and valuable stock of salmon is near collapse due
mostly to degraded habitats in the upper Quinault River Basin and in
Lake Quinault. This habitat loss has occurred over the past century due
to historic timber harvesting, property development, and infrastructure
construction. Natural processes on the floodplain began unraveling in
the late 1800s and the deterioration is continuing in the present time.
This is a long-term project expected to take up to 20 years to
complete structure placement and enhancement, including the engineering
and material procurement, with full implementation occurring in the
decades following as natural processes rebuild the habitat to historic
conditions. Through successful efforts of this program, it will protect
and restore the livelihoods of 100 commercial fishermen and 25 sport
fishing guides in Grays Harbor and Jefferson Counties and the Quinault
Indian Reservation.
The program will also contribute partial support for approximately
20 jobs in the fish processing industry in western Washington, thus
improve the economic status of the families living in the communities
within the Quinault Indian Reservation. The program will provide
employment for 10-30 laborers and equipment operators in Grays Harbor
and Jefferson counties during the construction phases of individual
projects.
This project will reverse adverse environmental impacts by
restoring habitats and ecosystems of the Quinault River and Lake
Quinault while at the same time stabilizing the river channel in
efforts to protect infrastructure and property loss.
The construction phase of this plan was implemented in the Fall of
2008 with the construction of 12 engineered log jams. This pilot
project provided data and experience with which to evaluate the
process, need and cost to implement the full plan of eventually
constructing an estimated 452 log jams in the upper Quinault River to
help the natural processes restore salmon spawning habitat to historic
conditions. Pre-project monitoring and data acquisition culminated this
past year with 7 years of effort.
This funding will allow for the continued implementation of the
construction phase of the plan through specific location engineering,
material procurement, structure construction and enhancement (tree
planting), specific location nutrient application and continued
planning, monitoring and data acquisition.
With full funding as needed on an annual basis, the basic
construction phase of this project is expected to be completed at the
end of fiscal year 2018. Fertilization, data acquisition and monitoring
will continue for many years.
--$1.2 million methamphetamine strategic plan
Methamphetamine use within the Quinault Indian Nation is a serious
concern and a significant public health and social challenge. Since its
introduction to the community, the government of the Quinault Indian
Nation has taken a proactive approach to dealing with crystal
methamphetamine.
It affects a number of different groups; however, it is most
prevalent among youth and young adults.
The Quinault Indian Nation's Methamphetamine Strategic Plan is part
of a broader more comprehensive alcohol and drug strategy being
developed that recognizes the need to plan for the future. The Nation
has encouraged collaborative relationships among Government
departments, health authorities, professionals, community members and
families to create conditions that prevent drug use, treat drug users,
educate the public, and hold offenders accountable and control access
to ingredients and supply while helping to ensure safer communities.
Currently, many actions are occurring throughout the Nation under the
Government's umbrella plan to prevent and control drug abuse.
It has been largely recognized that an essential factor in the
success of this strategy's principles requires precursor elements
necessary for a strong community mobilization project to combat
methamphetamine. Crystal methamphetamine and other forms of
methamphetamine, which are classified as stimulants, are made with
over-the-counter, easily available ingredients by individuals in their
homes or by organized crime groups. These factors combine to make
methamphetamine a relatively cheap drug with high potential for abuse
and harmful effects on our population. Methamphetamine use, if not
prevented, will have harmful health, social, and economic consequences.
Problematic substance use requires a coordinated and integrated
response from all sectors. The Nation frequently conducts outreach in
collaboration with the justice system, police, health, social services,
school districts, community organizations and others seeking to
improve, integrate, and strengthen the overall health and services to
individuals. Current work within the leadership of the Quinault Indian
Nation further illustrates the steps we have taken to launch our
strategy in order to take back our communities and minimize the
significant risks related to methamphetamine production and use by
targeting enforcement, outreach, prevention, stabilization, and harm
reduction services to high-risk populations.
There is also the recognized need to plan for the future, to fill
any gaps and to ensure that crystal meth is dealt with in a thoughtful,
realistic manner. Within the Quinault Indian Nation's jurisdictional
boundaries, there is a need to collaborate on initiatives to address
crystal meth use across all sectors, including government, regional
health authorities, local school districts, community organizations,
and other partners. The work we do now to strengthen and coordinate
existing initiatives will aid in reducing the harm associated with all
illicit drug use, including crystal meth.
Most importantly, we have actively sought the guidance and wisdom
of our elders and with the participation of our youth, community,
churches, and school districts we have undertaken a multidisciplinary
approach and strategy, emphasizing prevention, enforcement, treatment,
and aftercare. Unfortunately, the best plans prove valuable only when
the funding is available to execute and implement the strategy. We have
found that at every level and in every discipline, funding to support
our strategy is appallingly inadequate.
Rescission of Funding for Indian Programs
The Quinault Indian Nation requests that the subcommittee includes
language in the appropriations bill that will direct the Department of
the Interior not to impose unfair rescissions on Indian program funds.
If a mandatory rescission is applied to all funding for Federal
programs across the board, we ask that Indian programs not be required
to absorb a disproportionate loss of funds.
Again, thank you for this opportunity on behalf of the people of
the Quinault Indian Nation.
______

Prepared Statement of Robert Benavides, Governor, Pueblo of Isleta

INTRODUCTION

I am Robert Benavides, Governor of the Pueblo of Isleta. Isleta is
centrally located in the Rio Grande Valley, 13 miles south of
Albuquerque with a land area of 211,002 acres (more than 323 square
miles) and is considered one of the larger Pueblos in New Mexico.
Currently, there are approximately 4,000 tribal members living in the
Pueblo of Isleta. The median age of the Pueblo is 31.1 years with the
median family income below $30,000. Thus, we have a young population,
many of whom are in or on the verge of poverty, which is why the Pueblo
is focused on developing solid programs, infrastructure and
institutions that will be able to meet the needs of our members and
community well into the future.
The Pueblo of Isleta is hopeful that the administration's first
budget will recognize the growing and significant needs of Indian
country. With the exception of certain law enforcement programs,
funding for tribal programs in the last two decades has remained
essentially flat, and in many instances, has actually gone down because
of across-the-board rescissions in programs such as education,
healthcare, social services and natural resources. According to the
budget outline that we have seen, the President's budget is calling for
a $400 million increase in Indian Health Service funding, and a $100
million increase in Bureau of Indian Affairs law enforcement and
education funding. This is appreciated, but more remains to be done.

INFRASTRUCTURE

Water Infrastructure.--We are very encouraged by the President's
proposal to increase the level of funding for both the Clean Water and
Safe Drinking Water Revolving Loan Fund. At the Pueblo of Isleta, we
are in desperate need of replacing 15,500 linear feet of asbestos-
concrete water mains that provide water to the 400 households in our
main Village. We cannot imagine anywhere else in America where it would
be tolerated that children and elders would have to drink water from
asbestos-lined water mains. In addition, in the last decade the Pueblo
has repaired more than 200 leaks and breaks in the antiquated lines.
Thus, replacing these lines will result in a significant reduction in
water use. We would urge Congress to support the President's funding
request and to consider increasing the 1.5 percent tribal set-aside for
these programs.
Tribal Administration Complex.--In the area of community
development there is a need for tribes to have access to resources that
can be utilized to build governmental buildings. For too many tribes,
including Isleta, our programs are operated in ramshackle buildings--
many of which present health hazards such as mold and asbestos for our
employees and the people we serve. The Pueblo would like to build a
Tribal Administration Complex that would house our police department,
fire department, tribal courts, and tribal program and administrative
offices. Currently, these departments are spread out over four
different geographic locations, and in buildings that range from
deteriorating modular trailers to single-walled, cinder block,
warehouse-type structures.

LAW ENFORCEMENT AND PUBLIC SAFETY

As a former police officer, public safety and justice needs remain
a pre-eminent concern for me. The Pueblo is sandwiched in between
rapidly growing areas, two of which have particularly high crime
rates--Albuquerque's South Valley to our north, and the so-called
Meadow Lakes subdivision to our south. While Meadow Lakes may sound
nice, it is poverty-stricken and crime-ridden. We also have an
interstate and major State roads crossing through our reservation. The
majority of crimes occurring on the Pueblo include sexual assault,
rape, and criminal sexual contact and penetration; aggravated battery
and aggravated assault; domestic violence; and DWI. However, despite
our significant needs, we currently have only 26 uniformed officers, 23
of whom are also State Police-certified. Already, the Pueblo funds 80
percent of the cost of our Police/Public Safety Department. Although
the Pueblo has a significant need for a tribal prosecutor, a tribal
victim's advocate, and additional equipment and technical support, it
does not have adequate funding available to meet those needs. Thus,
while we greatly appreciate the increases provided last year, there
remains a significant shortfall.
Recent reports have focused on the high rate of alcohol-related
crimes on reservations in New Mexico. One recent report shows these
rates to be four times higher than the national average. This study
further indicates that alcohol plays a significant role in cases
involving abuse or neglect of a child. Thus, it is clear that not only
must we address the criminal behavior but we also must address the
substance abuse behavior of our citizens. Unless we do this, we cannot
secure a safe and healthy environment for our children to live and
grow.
We would like to thank the subcommittee for its focus in fiscal
year 2009 on addressing violence against women in Indian country. As
you well know, Indian women are victims of violence at rates that are
disproportionately higher than those of the rest of the population.
Tribes not only need the resources to identify and prosecute the
offenders, but to help the victims as well. In particular, we need
programs to provide housing and counseling to victims and their
children, so that when a woman and her children leave an abusive
household they have some place to go.

NATURAL RESOURCE PROGRAM

Forestry.--It is time for the Federal Government to reinvest in the
protection and preservation of federally protected trust resources,
whether it is tribal land, timber, or water. In the last two decades
the Federal Government has not dedicated any new financial resources to
ensuring that these basic trust resources are enhanced and protected
for the future.
The Pueblo of Isleta operates its Forestry Management Program
through a 93-638 contract with the BIA. From time to time, the Pueblo
is awarded funding for particular forestry projects, but on average it
receives only about $100,000 per year in BIA funding for its forestry.
The promise of self-determination is no more evident anywhere than in
this program. After three major fires last year (Big Springs, Trigo,
and Ojo Peak) that moved, one after the other, from the south toward
the Pueblo (the last one stopped literally on our border), the Pueblo
spent approximately $262,000 of its own money for a project to treat
320 acres for fire protection. The tribe used a 13-person fuels crew to
complete the work and bought its own hand tools, uniforms, and fuel for
the project. At the end of the project the crew treated 420 acres at an
average cost of $350/per acre, versus the BIA average of $1,500/per
acre. We are doing a similar project in the Bosque forest. We have the
resources to complete 580 acres, but need additional funds to complete
the work on the remaining 1,400 acres.
Thus, while we did more with less money than the BIA would have
done, there remains a significant need. As this subcommittee well
knows, investing in proper forest management is not simply good
economic sense in terms of protecting the forest resources, but it is
also necessary as matter of public safety. If these forests are not
properly managed we will continue to have forest fires that endanger
people's lives and homes.
Range Lands.--Our range lands have gradually recovered from the
effects of prolonged overgrazing which occurred many decades ago. Much
of this overgrazing was caused by trespassing livestock, a serious
problem that was not resolved until the mid-1930s when the Pueblo, with
its own money, was able to fence our reservation. While ranching is
still an important subsistence activity for a significant number of our
members, effective utilizing of our range is limited by the lack of
stock water development. We have plans to construct and/or improve 40
range wells at an estimated cost of $1.5 million.
Agricultural Lands.--Isleta has always been a farming community
with fields and irrigation facilities dating back centuries prior to
the coming of the Spanish. However, upstream development, timber
harvesting, and overgrazing caused major changes to the hydrology and
geology of the Rio Grande, resulting in large portions of our
agricultural lands become waterlogged, some irreparably. Over the past
15-20 years we have been working to drain some of these lands, but
approximately 1,000 acres are still in need of remediation, which the
Bureau of Reclamation has estimated will cost in excess of $10 million.

ISLETA SETTLEMENT FUND

I would like to take the opportunity to thank the subcommittee for
your support of the Pueblo of Isleta Settlement Fund. The $2.4 million
in the President's fiscal year 2010 budget is the last installment of
the United States' commitment to the Pueblo in settlement of our
natural resources damages claim. This funding, which the Pueblo is
required to match, is committed to restoring and protecting the
Pueblo's agricultural, range and timber lands, as well as cultural
resources.

INDIAN HEALTH SERVICE

Health Services.--Addressing the healthcare needs of Indian people
is a critical element to building a vital and thriving community in
Indian country. In New Mexico, Indian people rank the highest in nine
negative health indicators, including access to prenatal care, rates of
diabetes-related death, youth suicide, and motor vehicle and accidental
deaths. In order to respond to this, Congress must invest real dollars
in health services programs, including preventative and mental
healthcare. The Pueblo has certainly done its part to try to address
our community's pressing healthcare needs. Specifically, several years
ago the Pueblo spent $5.46 million of its own money to build a health
clinic, and we are in the process of constructing a mental health
services addition at a cost of $1.3 million ($550,000 of which is being
covered from State funds) in an effort to address substance abuse and
other behavioral problems within our community.
Contract Support Costs (CSC ).--As noted above, the Pueblo of
Isleta has invested significant resources to build a state-of-the-art
healthcare clinic that provides ambulatory treatment, dental care,
preventative care, and a pharmacy. We operate all of these programs
through a Public Law 93-638 agreement with the United States, and the
United States has not fulfilled its obligation to provide us with 100
percent of the necessary contract support costs for these programs.
These are costs that the Pueblo must incur; they fund basic
administrative costs, such as auditors, payroll, and insurance.
Today, we receive 73 percent of the contract support cost dollars
that are due us, which means we must annually reduce our direct program
dollars by $500,000 because of this shortfall. If this is not corrected
in fiscal year 2010, our ongoing IHS contract support shortfall will
approach $2 million for the last 4 years alone. This means that fewer
children see the dentist, fewer people are screened for cancer, and
fewer diabetics receive the care that they need. If the subcommittee
makes the commitment to fully fund contract support costs in fiscal
year 2010, this would provide virtually every tribally operated health
program in the country with a significant increase of funds that will
go directly to health services for their people.
Contract Health Care.--Finally, I join with all of my fellow tribal
leaders from across the country and urge the subcommittee to increase
funding for contract healthcare. Notwithstanding the services provided
directly at our clinic, we still have a significant need to refer
patients to outside providers. While our clinic is able to address
medical priorities (those emergencies threatening members' lives or
limbs) and some preventative care issues, all other issues must be
referred to outside providers. ) An increase in CSC funding would
increase the number of patients our clinic could see and the more
preventative services it could offer. At present, medical inflationary
costs are rising much faster than contract healthcare appropriations
are, thus, additional funding for these resources is a critical need.
______

Prepared Statement of the Ramah Navajo School Board, Inc.

Mr. Chairman and members of the subcommittee: My name is Martha
Garcia, and I am the president of the Board of Trustees of the Ramah
Navajo School Board, Inc. (RNSB), which governs the K-12 Pine Hill
School and more than 30 other community programs on the Ramah Navajo
Reservation in Cibola County at Pine Hill, New Mexico. My testimony is
on the need to appropriate adequate funding to address the
infrastructure needs of our Bureau of Indian Affairs (BIA)/Bureau of
Indian Education (BIE) school. The Ramah Navajo School Board is
requesting that a total of $9,384,755 be included in the fiscal year
2010 budget from the BIA (Department of the Interior) and the Head
Start Bureau (Department of Health and Human Services (HHS)) for the
following project needs for our community.
Introduction.--The Ramah Navajo reservation covers approximately
300 square miles in a rural, isolated, high desert country in
northwestern New Mexico where there are few paved roads, no business
center, and the nearest towns are more than 60 miles away. Ignored for
most of its history by Federal, State, and the Navajo Nation, the
community has had to fend for itself beginning in the 1960s, when its
efforts to bring in its own community-controlled school and other
services led to the ``Indian Self-Determination and Education
Assistance Act of 1975.
The RNSB school at Pine Hill currently enrolls 310 students. The
Pine Hill Health Center handles more than 30,000 visits annually for
medical, dental, and behavioral healthcare. RNSB is a unique school
board because it not only operates a K-12 BIA grant school, but it runs
more than 30 other programs for the Ramah Navajo community, including
among others a health clinic, social services, four preschool
programs--Head Start, FACE, Early Intervention, and Day Care--
behavioral health services, a wellness center, a Workforce Investment
Act program, adult education, a GED program, a school farm,
fairgrounds, and a radio station. RNSB thus provides most major
services for the community. RNSB has an annual operating budget of
about $17,500,000 of which roughly 80 percent is used for personnel
costs. RNSB has substantial needs for infrastructure improvements, as
detailed below.
Pine Hill School (K-12)--Repairs, Renovations, and Upgrade of BIA/
BIE School Facilities, Infrastructure, and Equipment.--$4,517,755.
(Department of the Interior, BIA/BIE and Department of Health and Human
Services, ACF/Head Start Bureau).
Central Administration Office Building.--The RNSB central
administration buildings need a complete renovation and upgrade of all
of its systems, including weatherization, interior and exterior
painting, recarpeting, electrical upgrade, and air conditioning. These
buildings have environmental health and safety issues, including
leaking pipes, mice (with possible exposure to Hantavirus), and fire
safety issues. It has been broken into on several occasions and needs
upgrades to the safety vault in the business office, along with
upgrading of the security alarm system. RNSB has been unable to obtain
private or State funding to replace this building, so we ask that
Congress appropriate funds for the renovation of this BIA building to
allow it to serve the school and community for another 10 to 20 years.
Such funding would provide upgrades to the computer system to meet the
latest auditor's recommendation and provide a centralized
communications and technology center for the Pine Hill School and
central administration to support the 30-plus programs in a single
building. This renovation would include a ``Tech Center'' addition to
serve as the hub for all of RNSB's computer, Internet, email, fax, and
phone systems; would house technical support, repair, and maintenance
for desktop and laptop computers, printers, scanners, and related
computer technology hardware and software; and would include classrooms
for technology training for students, staff, and community members. The
estimated total cost for these renovations is $2,640,000.
Temporary Facilities During Repairs and Renovations.--While the
foregoing repairs and renovations are in progress, the Pine Hill School
(K-12) and RNSB central administration will need temporary offices and
facilities in which to conduct its activities. The estimated cost for
such temporary facilities is $120,000.
Security Fence.--RNSB also needs a security fence to be constructed
around its campus, including school, central administration, Pine Hill
Health Center, staff housing, etc. The estimated cost is $100,000.
Road and Water Line Repairs.--The entire campus road system needs
to be repaired and repaved due to water line breaks and other utility
breakdowns located under the roads. The estimated cost is $1,227,755.
Dorm Construction Reimbursement.--When the old Ramah Navajo
Dormitory 25 miles away in the village of Ramah, was condemned and
closed, Congress funded the construction of a new dormitory near the
Pine Hill School for students in grades 1 through 12. RNSB administered
the design-build contract for the construction of the dormitory.
However, as construction was nearing completion in January 2006, RNSB
discovered that essential work needed to meet all building codes were
missing from the plans. Most notably, the planned fire suppression
system did not meet fire code requirements. This change not only
required additional equipment, but also changes in the water supply
system so that the water pressure required for the upgraded system
could be maintained. RNSB was forced to pay for this from its own
scarce private funds and other changes necessary before the dorm could
be completed and occupied. Although no official position has been
expressed, RNSB believes that the BIE is sympathetic to reimbursing
RNSB for these expenditures if Congress appropriates the funds or
directs the BIE to make this payment from its budget. $500,000.
Head Start.--An inspection by the HHS/Head Start Bureau in 2000
found that the Ramah Navajo Head Start buildings need safety upgrades
to remedy code violations. These repairs will cost $30,000.
Therefore, the total request in this area is $2,640,000 for central
administration office buildings, plus $120,000 for temporary
facilities, plus $100,000 for security fencing, plus $1,127,755 for
road and utility repairs and replacements, plus $500,000 for
reimbursement to RNSB for the dorm cost overrun, plus $30,000 for Head
Start safety repairs.
Pine Hill Water System--$1,550,000. (Department of the Interior,
BIA/BIE).--The Pine Hill Water System was constructed in the early
1970s to serve the then-new BIA Pine Hill School and some housing
trailers for the school staff. Over the past 37 years, RNSB has added
numerous other buildings and facilities for the school and other
programs, including 60-plus staff housing units, the comprehensive
Health Center, four preschool programs, Behavioral Health Services,
and, most recently, the new dormitory. The water and sewer system now
also serves non-RNSB facilities, such as the Pine Hill Market, and
provides clean water to nearby community housing projects.
At this time, RNSB's west sewer lagoon does not comply with
applicable EPA law and regulations. RNSB needs to replace its Well No.
1, which is its principal source of water for RNSB's campus. The 3,600-
foot deep well is encased to a depth of 1,100 feet, but the casing has
ruptured at a depth of 830 feet. So far the water has tested as safe,
but the well is only a quarter-mile from our sewage lagoon, so prompt
replacement of the ruptured casing is essential. Also, the repair and
upgrade of the water treatment system is essential for health and
safety of campus students, teachers, and residents. The cost estimate
for the entire project is $1,550,000.
Early Childhood Education Center--$3,317,000. (Department of the
Interior, BIA).--RNSB wishes to consolidate its four preschool programs
into one ``Early Childhood Education Center'' of approximately 10,000
sq. ft. to consolidate Head Start, Early Intervention, Family and Child
Education (FACE) and the Child Care Center. The requested appropriation
will cover the entire project: planning, architectural design, building
construction, inspections, and landscaping.
The Board of Trustees for the RNSB would like to express its
appreciation for your support for American Indian programs in general
and the Ramah Navajo community in particular. We hope that this
statement will help you better understand infrastructure needs of our
community. We would be happy to provide you with further information on
any of the foregoing projects.
______

Prepared Statement of the Rivers and Trails Coalition

Madam Chairman and members of the subcommittee, the Rivers & Trails
Coalition, composed of local, regional, statewide, and national
organizations representing hundreds of thousands of Americans
nationwide committed to conservation and recreation, respectfully asks
that you fund the National Park Service (NPS) Rivers, Trails and
Conservation Assistance (RTCA) Program at $12 million in fiscal year
2010.
Through its RTCA Program, the NPS implements its natural resource
conservation and outdoor recreation mission in communities across
America. RTC formed many years ago to support this valuable field-based
technical assistance program that yields enormous conservation and
recreation benefits to communities by fostering partnerships between
Federal, State, and local interests. The resulting cooperation of
local, State, and Federal partners restores rivers and wildlife
habitat, develops trails and greenway networks, preserves open space,
and revitalizes communities--all contributing to improved quality of
life and close-to-home recreation.
Community Capacity Building
Our coalition of outdoor recreation and parks organizations has
seen firsthand the benefits that come from projects bridging the gap
between neighborhoods and the outstanding outdoors opportunities in
their backyards. We see the RTCA Program as a vital program that
encourages people to invest in their own community, makes possible
healthy and active lifestyles for all Americans, and most importantly,
preserves our outdoor resources for the next generation to explore.
The RTCA Program provides assistance to develop locally led
conservation and outdoor recreation projects across the country. With
guidance from the RTCA Program, citizen groups achieve their community-
set goals, completing projects that range from constructing footpaths
to preserving rivers to rehabilitating open spaces. The RTCA Program
staff provides on-the-ground assistance solely at the request and
invitation of communities in coordinating projects, facilitating public
meetings, serving as a liaison and convener of government and nonprofit
groups, assessing and mapping resources, developing promotional
materials and events, and identifying sources of funding. The RTCA
Program helps to empower communities to achieve their goals by
collaborating on development of their own strategic plans for realizing
a grassroots level conservation or recreation project. Current demand
across the Nation for RTCA services greatly exceeds the program's
capacity.
Measures of Success
The benefits of the RTCA Program are felt across the country, from
creating a bike path in Massachusetts to reclaiming a vacant lot in
California for footpaths and gardens. The program assists more than 250
community partners per year, with projects in all 50 States. Each year
these projects conserve more than 700 miles of river, create more than
1,000 miles of trail, and protect more than 30,000 acres of open space.
In 2008 alone, the RTCA Program helped to protect 1,656 miles of local
rivers, create 3,208 miles of land trails, and preserve 45,485 acres of
parks and open space.
The RTCA Program plays a critical role in creating a nationwide,
seamless network of parks and open spaces, supporting conservation
partnerships, promoting volunteerism, and encouraging physical
activity. In addition to regional trail systems and greenway
development, and open space and river corridor protection, projects
include transportation alternatives, Brownfields redevelopment, youth
conservation projects, and floodplain planning, among numerous other
conservation and recreation initiatives.
One of the core strengths of the RTCA Program is in leveraging
Federal funding by generating investment and human capital on a local
level to support their projects. Grant funding from the NPS is not
supplied; rather, NPS contributes RTCA Program staff hours to help
project partners leverage funding through public-private partnerships.
It is a cost-effective way for the NPS to reach out to neighboring
communities, fostering a healthy, active and engaged citizenry.
In 2008, a NPS survey found that 100 percent of organizations
declared that the RTCA Program helped them achieve their project goals.
Ninety-three percent of these partner organizations said that
participation with the RTCA Program helped them develop their ability
to succeed at future projects--this means that an initial investment
made through the RTCA Program will continue to have lasting benefits
over time by empowering participants and giving them the skills
necessary to improve their community.
RTC recognizes the RTCA Program's contribution to outdoors
recreation and conservation, and the valuable work its staff does
assisting people who desire to invest in their communities. To allow
this program to continue such vital work engaging public participation
and preserving our natural and cultural heritage, we request a budget
allocation of $12 million to the RTCA Program.
Fulfilling the RTCA Program Mission
Despite the RTCA Program's demonstrable successes each year,
Program funding has remained relatively stagnant during the last decade
and has lagged well behind the rate of inflation. The program's real
budget has declined significantly and resulted in substantial staff
reductions. Cuts have also reduced staff participation in on-the-ground
projects diminishing essential services of this field-based program.
Historically, the RTCA Program receives less than one-third of 1
percent of the total funding for the NPS, yet it succeeds in leveraging
this investment many times over in local, State and partnership direct
funding and in-kind matches. Each year, the modest amount of NPS
funding for staff time has helped leverage millions of dollars from
other sources for its projects. Highly effective and cost efficient,
the RTCA Program is an excellent value for the American taxpayer and
merits increased funding to accomplish its mission as a community-based
NPS technical assistance and outreach program.
The NPS is proposing a fiscal year budget of $8,872,000 and 69
full-time employees (FTE) for the RTCA Program, a net program change of
$664,000 and 2 FTE from the 2009 enacted level. The Coalition heartily
endorses this increase, but it is still well below the amount required
to restore this program to its former status. Members of the Coalition
believe that the RTCA Program budget should be increased in fiscal year
2010 to $12 million to remedy the program's steady erosion, compensate
for losses due to inflation, and enable the program to respond
effectively and efficiently to growing needs and opportunities in
communities throughout the country.
The requested funding level by the Coalition would allow this
extremely beneficial program to continue current projects without
interruption, restore recent cuts, put staff closer to the people they
serve, and meet the outstanding requests from communities around the
Nation. We strongly believe the NPS and Congress should strengthen
efforts such as the RTCA Program that support communities and
volunteers through partnerships and capacity-building, enabling local
stakeholders to better manage and conserve their recreational and
natural resources from the bottom-up.
We urge the subcommittee to fund the RTCA Program at $12 million in
the fiscal year 2010 Interior, Environment, and Related Agencies
appropriations bill to remedy the program's continued erosion,
compensate for losses due to inflation, and enable the program to
respond to growing needs and opportunities in communities throughout
the country.
Respectfully submitted by the RTC comprised of the following
organizations:
--American Canoe Association
--American Hiking Society
--American Horse Council
--American Outdoors
--American Recreation Coalition
--American Rivers
--American Society of Landscape Architects
--American Trails
--American Volkssport Association
--American Whitewater
--Appalachian Mountain Club
--Association of State Floodplain Managers
--Bay Circuit Alliance
--Bicycle Federation of America
--Bikes Belong Coalition
--Conservation District of Southern Nevada
--East Coast Greenway Alliance
--International Mountain Bicycling Association
--Izaak Walton League of America
--Jacksonville Woodlands Association
--Land Legacy
--Land Trust Alliance
--League of American Bicyclists
--Mississippi River Trail, Inc.
--National Association of Service & Conservation Corps
--National Audubon Society
--National Parks Conservation Association
--National Recreation and Park Association
--National Wildlife Federation
--New York-New Jersey Trail Conference
--New York Parks and Conservation Association
--North American Water Trails
--Northern Forest Canoe Trail
--Ohio & Erie Canal Corridor Coalition
--Outdoor Alliance
--Outdoor Industry Association
--Outside Las Vegas Foundation
--Parks & Trails New York
--Partnership for the National Trails System
--Pennsylvania Organization for Watersheds and Rivers
--Rails to Trails Conservancy
--River Network
--Scenic America
--South Carolina Dept. of Parks, Recreation, and Tourism
--Sporting Goods Manufacturers Association
--Student Conservation Association
--The Accokeek Foundation
--Trout Unlimited
--Walk Boston
--Washington Area Bicyclist Association
--Washington Trails Association
--Washington Water Trails Association
--Winter Wildlands Alliance
--YMCA of the USA
______

Prepared Statement of the Squaxin Island Tribe

On behalf of the tribal leadership and members of the Squaxin
Island Tribe, I am submitting our funding requests and recommendations
for the fiscal year 2010 budgets for the Bureau of Indian Affairs (BIA)
and the Indian Health Service (IHS).
Tribal Specific Requests
$750,000 for Northwest Indian Treatment Center Residential Program
in IHS; $850,000 for public health and safety of the Squaxin Island
Community in the BIA; and fulfill Puget Sound regional shellfish
settlement commitment in the BIA.
Regional Requests and Recommendations
Northwest Portland Area Indian Health Board; Affiliated Tribes of
Northwest Indians; and the Northwest Indian Fisheries Commission.
self-governance and national requests and recommendations
IHS
$143.3 million increase to fully fund Contract Support Cost (CSC);
$470 million for mandatory inflation and population growth to maintain
current health services; $152 million increase for Contract Health
Services (CHS); $15.1 million for staffing of new/replaced facilities;
Increase $5 million to the IHS Office of Tribal Self-Governance; and
restore fiscal year 2005 and fiscal year 2009 rescissions.
BIA
$57 million increase to fully fund CSC; $25 million increase for
Tribal Priority Allocations (TPA)--general increase for core programs;
$50 million increase for 100 percent full funding of direct and
indirect contract support costs; and restore base funding for rights
protection to at least the 2004 level.
Tribal Government--Self-governance.--Restore $2.5 million in
General Assistance that was cut in 2009; maintain $13.6 million in
Housing Improvement Program (HIP) in BIA-TPA account and $21.4 million
in Johnson O'Malley (JOM) Assistance Grants
--Increase BIA law enforcement by 10 percent and increase funding for
tribal courts by 10 percent

Support the requests and recommendations of the National Congress
of American Indians and National Indian Health Board.
Squaxin Island Tribe Background
The Squaxin Island Tribe, a signatory of the 1854 Medicine Creek
Treaty, is located in Kamilche, Washington in southeast Mason County.
The 2008 year-end tribal member enrollment was of 930. Squaxin has an
estimated service area population of 2,767, a growth rate of about 10
percent, and an unemployment rate of about 30 percent, according to the
BIA labor force report. According to the Mason County Economic
Development Council, Squaxin is the largest employer in Mason County.
Rescissions on Funding for Indian Programs
The Squaxin Island Tribe requests that the subcommittee includes
language in the appropriations bill that will direct the BIA and the
IHS not to impose rescissions on funds for Indian programs. Funds that
are already inadequate to address the level of need of the tribal
beneficiaries should not be subjected to additional reductions.
However, if a mandatory rescission is applied to all Federal programs,
we ask that Indian programs not be required to absorb a
disproportionate loss of funds with a double rescission on these funds.

TRIBAL SPECIFIC REQUESTS JUSTIFICATIONS

$750,000--Northwest Indian Treatment Center Residential Program.--
The Squaxin Island Tribe operates the Northwest Indian Treatment Center
(NWITC) located in Elma, Washington (6th Congressional District). NWITC
is a residential chemical dependency treatment facility nationally
recognized as a ``Center of Excellence.'' NWITC benefits Native
Americans from tribes located in Oregon, Washington, and Idaho. The
facility is clinically designed to serve American Indians who have
chronic relapse patterns related to unresolved grief and trauma. The
ratio of patients to counselor is low to allow sufficient support for
this process. Addiction treatment is supplemented with mental health
assessments, mental health groups, and medication management when
indicated. The content of treatment includes many cultural and
spiritual activities to help patients re-anchor in their traditions and
reclaim their identity.
NWITC was established in 1994. It is accredited by CARF, an
international accrediting organization for behavioral health programs.
It is also certified and licensed by the Washington State Department of
Health. NWITC residential program serves the tribes of Washington,
Oregon, and Idaho and sometimes tribes from the Southwest. Its advisory
board includes tribes who refer frequently.
In 2006, a new Counseling and Cultural Center building was
constructed using both HUD Indian Community Block Grant and Tribal
funds. This new building replaces two rented modular buildings that
were in extremely poor condition. The residential portion of the
facility houses 24 patients in a circa-1900 single family residence
which was converted in the 1930s into a retirement home.
Treatment has changed over the years in response to meth addiction
and its effects on the brain and the individual's capacity to recover.
Now NWITC provides evaluations for psychotropic medication, mental
health counseling, and treatment oriented to unresolved trauma in
addition to other traditional forms of treatment. There has also been
an expansion of cultural components of treatment. These elements have
been required to maintain effectiveness but they also increase the cost
of treatment.
NWITC has not had an adequate increase in its base IHS budget since
the original congressional set-aside in 1993 except increases that have
averaged 1.5 percent per year. An increase of $750,000 would restore
lost purchasing power and the need to add mental health and psychiatric
components to treatment. This increase would allow NWITC to continue
its effective treatment of Native Americans.
$750,000 for the Squaxin Island Department of Public Health and
Safety.--To hire six additional FTE officers for 24-hour coverage in
order to ensure the safety of the community and a public defender:
public safety is a high priority for the Squaxin Island Tribe. The
Squaxin Island Tribal Public Safety and Justice Department is dedicated
to protecting lives, maintaining peace, and ensuring that the property
and resources of the Squaxin Island Tribe are protected through the
enforcement of the laws and regulations set forth by the Squaxin Island
Tribal Council. Law enforcement officers patrol the reservation, South
Puget waterways, and usual and accustomed hunting areas, protecting
human life and natural resources upon which tribal members rely on for
cultural and economic sustenance.
The Squaxin Island Public Safety and Justice Department has
continued to operate on funding levels insufficient to meet the needs
of this Department and our community. This has resulted in operating a
program at minimum capacity, which has placed a negative impact on the
service level provided to the Squaxin Island Community. The process of
protecting the public is hampered by the lack of officers to provide
the 24-hour coverage, which is very critical in life and death
situations.
The Public Safety Department successfully manages Squaxin Island
Tribal Court, which consists of three divisions: a tribal court, an
appeals court and an employment court. The Department also manages a
shellfish and geoduck harvesting monitoring program. Officers are
trained in scuba diving and assist with compliance and safety issues.
A public defender is needed for the justice program. Currently, the
tribe is under contract to provide legal representation to the
community members. The court caseload and number of police calls
continue to grow at an increasing rate. Current funding is inadequate
to meet the needs of the growing community, protect natural resources
and to fully participate in regional and homeland security programs and
initiatives.
The tribe is enhancing the shellfish habitat and production
programs, which has increased the demand on the water enforcement
program to address issues of illegal harvesting. With current funding
and staffing levels, it will be almost impossible to adequately protect
the tribe's investment in enhancing natural resources. The Squaxin
Island Tribe is seeking both long-term and immediate assistance.
In the long term, BIA funding for law enforcement and public safety
programs needs to be significantly increased. According to a gap
analysis performed by the BIA in 2006 based on the FBI's 2004 Uniform
Crime Report, there is a 42 percent unmet need of law enforcement
officers in Indian Country. And, the Community Oriented Policing
Services grant program that has benefited tribal communities and law
enforcement hiring and staffing needs is recommended for termination
under the PART fiscal year 2008 performance budget.
Five Million To Fulfill Puget Sound Regional Shellfish Settlement
Commitment.--The BIA indian land and water claim settlements account.
The Federal Government is committed under terms of recently enacted
legislation to fully fund the Puget Sound regional shellfish
settlement. To complete the Federal obligation $5 million remains to be
paid in both fiscal year 2010 and fiscal year 2011. We request the
subcommittee to fulfill that obligation.
Squaxin Island Tribe Supports Regional Requests and Recommendations
--Northwest Portland Area Indian Health Board
--Affiliated Tribes of Northwest Indians
--Northwest Indian Fisheries Commission

SQUAXIN ISLAND TRIBE SUPPORTS SELF-GOVERNANCE AND NATIONAL REQUESTS AND
RECOMMENDATIONS

IHS
--$143.3 million increase to fully fund CSC
--$470 million for mandatory inflation and population growth to
maintain current health services
--$152 million increase for CHS
--$15.1 million for staffing of new/replaced facilities
--Increase $5 million to the IHS Office of Tribal Self-Governance
--Restore fiscal year 2005 and fiscal year 2009 rescissions
BIA
--$57 million increase to fully fund Contract Support Cost
--$25 million increase for TPA--general increase for core programs
--$50 million increase for 100 percent full funding of direct and
indirect contract support costs
--Restore base funding for rights protection to at least the 2004
level
--Tribal Government--Self-governance.--Restore $2.5 million in
general assistance that was cut in 2009; maintain $13.6 million
in HIP in BIA-TPA account and $21.4 million in JOM Assistance
Grants
--Increase BIA law enforcement by 10 percent and increase funding for
tribal courts by 10 percent
Support the requests and recommendations of the National Congress
of American Indians and National Indian Health Board.
On behalf of the Squaxin Island Tribal Council and Tribal members
thank you for this opportunity.
______

Prepared Statement of the Sevilleta National Wildlife Refuge

Dear Madam Chairman and members of the subcommittee: I would like
to thank you for the opportunity to present testimony in support of an
appropriation of $2 million from the Land and Water Conservation Fund
(LWCF) to acquire land in proximity to the Sevilleta National Wildlife
Refuge (NWR) in New Mexico. This appropriation will allow the U.S. Fish
and Wildlife Service (FWS) to acquire the 250-acre first phase of the
Indian Hill Farms property.
Before I begin describing this project, I would like to discuss the
importance of the LWCF to Sevilleta NWR and to national wildlife
refuges around the country. The LWCF is the premier Federal land
protection program and enables refuges to protect vital wildlife
habitat, water resources, and recreational lands and improve public
access and land management by consolidating holdings and acquiring
inholdings. I respectfully urge a substantial increase in overall
funding for the LWCF), specifically urging the subcommittee to provide
$325 million for the Federal LWCF in the fiscal year 2010 Interior,
Environment, and Related Agencies appropriations bill.
Covering an area of approximately 360 square miles and located just
40 miles south of Albuquerque, the largest city in the State, the
Sevilleta NWR serves as a vast protected landscape in the heart of New
Mexico. The refuge supports four major ecological habitats,
encompassing two mountain ranges and containing approximately 4 miles
of the Rio Grande River. Much of the refuge is managed to enhance
riparian habitat and compensate for marsh loss along the Rio Grande
basin. Parts of the refuge are flooded from November to February in
order to provide habitat for migrating shorebirds and waterfowl
including herons, ducks, geese, and sandhill cranes. The refuge is also
managed to combat non-native species such as the invasive salt cedar.
This nuisance species is being cleared and replaced with native willow
and cottonwood to restore the natural bosque/riparian habitat native to
the area.
Sevilleta NWR (and the acquisition project planned by FWS) is of
particular interest to New Mexico Department of Game and Fish due to
our nearby ownership of four Waterfowl Management Areas along the Rio
Grande River which make up the Ladd S. Gordon Waterfowl Complex. This
Complex provides critical wintering habitat for migrating waterfowl and
is managed by New Mexico Game and Fish as a series of working farms,
bosques and pond complexes. The southernmost part of this complex is
the 3,500-acre La Joya Waterfowl Management Area which is adjacent to
Sevilleta NWR and within 10 miles of the planned acquisition project.
Available for acquisition in fiscal year 2010 is the first phase of
the 1,250-acre Indian Hill Farms property, which lies adjacent to 3
miles of the Rio Grande as well as current refuge lands. Indian Hill
Farms comprises more than 600 acres of irrigated farmland which could
provide excellent opportunities to work with surrounding communities to
create wildlife habitat, including moist soils, wetlands, and restored
river bosque. Opportunities also exist to restore a portion of the
property to provide additional prime habitat for the endangered
Southwestern willow flycatcher.
Given its location along the Rio Grande, acquisition of the Indian
Hill Farms property could provide the refuge system a tremendous
opportunity for habitat enhancement for a number of different wildlife
uses, including endangered species habitat, wintering waterbird
habitat, migratory landbird use, as well as raptor and resident big
game habitat. Its location between two major wintering waterfowl areas,
our Ladd S. Gordon Complex to the north and Bosque del Apache NWR to
the south, makes this a key acquisition to enhance waterfowl
populations in the Middle Rio Grande area. It will be an important
acquisition to further the objectives of the New Mexico Comprehensive
Wildlife Conservation Strategy which was developed through a
cooperative effort with numerous stakeholder groups.
The acquisition should also offer significant research
opportunities at the University of New Mexico's (UNM) Long-Term
Ecological Research program which is hosted at Sevilleta NWR and funded
through the National Science Foundation. Such new research could
include studying the planned conversion of farmland to wildlife habitat
should Indian Hill Farms be acquired by the refuge.
An appropriation of $2 million in fiscal year 2010 will ensure that
the first phase of the Indian Hill Farms property is protected in
perpetuity. The addition of this priority parcel to the Sevilleta NWR
will allow for the creation and restoration of important wildlife
habitat types along the Rio Grande River, increase public access to
refuge lands, and increase unique research opportunities for local
scientists.
Thank you again, Madam Chairman, for the opportunity to present
this testimony in support of the acquisition effort at Sevilleta NWR in
New Mexico.
______

Prepared Statement of The Conservation System Alliance

The Conservation System Alliance (CSA) is a coalition of more than
80 conservation, historic preservation, faith-based, recreation,
business, education and place-based friends groups representing
millions of Americans nationwide. CSA aims to protect, restore and
expand the National Landscape Conservation System (NCLS) by making it
permanent, well-funded, well-managed, and inclusive of the best natural
and cultural resources under the care of the Bureau of Land Management
(BLM).
Mr. Chairman, CSA would like to thank you for the opportunity to
provide recommendations and comments on the fiscal year 2010 Department
of the Interior, Environment, and Related Agencies appropriations bill.
On behalf of our millions of members, we provide below our request for
full budget clarity and at least a $75 million funding level in fiscal
year 2010 for BLM's NCLS. NCLS is now slated for permanent
establishment in law and as such, deserves budgetary attention within
the Department of the Interior (DOI) that parallels that of other
systems of lands and waters under their stewardship.
NCLS is comprised of the most spectacular lands and waters under
the stewardship of the BLM, like national monuments, wild and scenic
rivers, national scenic and historic trails, and wilderness areas that
have been designated for protection by Congress or the President.
Created in 2000, NCLS provides economic benefits to neighboring
communities across the West through unparalleled opportunities for
solitude, adventure and recreation such as hunting, fishing, hiking,
and wildlife watching. These lands and waters also offer opportunities
for science, education and archaeological research. Yet with an obscure
funding system and bare-bones funding for management and land
stewardship, the BLM is unable to keep its most extraordinary 27
million acres healthy, wild, and open.
Adequate funding for NCLS is vital to protect BLM landscapes that
are vital components of America's natural and cultural heritage. These
lands and waters are a network of the last places where visitors can
still experience the history and wild beauty of the American West.
These areas provide a uniquely American visitor experience; they are
places where people can bring their families to escape the crowds and
create their own adventure. Furthermore, they are a living classroom
for academic researchers and outdoor educators. Congress can ensure
that NCLS lands and waters will remain valuable resources for present
and future generations of recreators, ecologists, archaeologists,
educators, and others by protecting these intact landscapes for public
enjoyment, scientific research, and outdoor education.
However, NCLS lands will not remain resource-rich without active
stewardship. These extraordinary places are being ruined by vandalism,
reckless off-road vehicle use, irresponsible resource extraction, and
neglect. The agency spends more to repair damage than it would to
provide the necessary staff and other resources to protect and restore
invaluable cultural sites, riparian habitat, and other culturally and
naturally significant places. Continuing damage to NCLS lands and
waters poses considerable threats to the integrity of these
historically and biologically extraordinary landscapes; inadequate
attention to its funding also neglects opportunities for job creation
and the fostering of sustainable rural economies.

NCLS BUDGET ACCOUNTABILITY AND TRANSPARENCY

CSA commends BLM for providing new subactivities for Monuments and
National Conservation Areas in the fiscal year 2009 budget and for
giving NCLS increased attention in budget documents, important first
steps toward giving NCLS needed budgetary attention and clarity.
However, we are disappointed that BLM failed to provide line item
program elements for NCLS's other units in the fiscal year 2010
President's budget. We ask that NCLS be given full budget transparency,
as appropriate for any permanently established public lands system.
NCLS, now authorized in law, deserves a full place in BLM's budget
structure. We respectfully urge the subcommittee to support a complete
budget activity for the NCLS that includes subactivities for all NCLS's
units. The wilderness subactivity should be moved from Recreation into
the new activity alongside the new Monument and NCA subactivity, and
Congress should support the creation of national trails and wild and
scenic rivers subactivities that should also reside there. This would
allow one clearly identifiable budget category for all designations
within BLM's permanently established NCLS of lands and waters.
Budget clarity for all NCLS units is needed to ensure that all NCLS
managers can adequately plan and accurately track expenditures and to
ensure accountability to Congress and the American public. Congress,
the BLM and the public will be able to more readily identify NCLS's
expenditures and to more easily pursue opportunities for in-kind
donations to match Federal expenditures. Maximization of efficiencies
will ensure more wise use of taxpayer dollars.

FISCAL YEAR 2010 OPERATIONS, MAINTENANCE AND PLANNING BUDGET NEEDS FOR
NCLS

CSA greatly appreciates the much-needed congressional increases for
NCLS in the Interior provision of the fiscal year 2009 Omnibus
appropriations bill. These increases over the previous President's
bare-bones budget will allow dedicated staff to address some of their
many project backlogs. Further, we wholly appreciate BLM commitments in
the stimulus package and look forward to seeing application of some of
those funds to needed landscape restoration in NCLS units and other
deserving BLM lands. However, Congress and the new administration must
continue to increase NCLS's budget in order to more adequately address
project backlogs and ensure protection of the nationally significant
resources under the BLM's care. A significant NCLS increase is critical
to meet mandates in establishing legislation and proclamations, and to
legitimately implement associated resource management plans. We greatly
appreciate the new designations under the recent Omnibus Public Land
Management Act and hope that additional funding will be provided for
NCLS in fiscal year 2010 so that Congress can initiate the many new
management plans under that Act, more adequately implement newly
completed and ongoing management plans, and otherwise ensure adequate
stewardship.
NCLS warrants funding of at least $75 million in fiscal year 2010--
a modest increase over historic funding levels when accounting for the
growth of NCLS, growth in visitation, increased threats due to booming
populations in surrounding communities, inflation, significant
uncontrollable costs such as insurance increases, and the
aforementioned new designations. While we much appreciate that the
President's budget maintains last year's congressional increases, the
request for approximately $61 million is insufficient to prevent
additional damage to NCLS's resources and to provide for management of
the new designations.
We urge support for the President's Climate Initiative and greatly
appreciate the request for $7.3 million out of that initiative to be
directed toward NCLS. This funding is for a specific initiative and
through a separate account from NCLS's normal base budget, so we
request that this initiative be supported above and beyond the $75
million in base funding we are respectfully requesting.
We also respectfully ask the subcommittee to give serious
consideration to any member requests for increasing programmatic
funding or land acquisition funding for NCLS units in the fiscal year
20010 appropriations bill. These increases should be allocated in
addition to, not in lieu of, funding already budgeted for each NCLSunit
in the BLM's fiscal year 2010 budget.

NCLS LAND AND WATER CONSERVATION FUND PRIORITIES

The previous President nearly zeroed out funding for BLM land
acquisition projects under LWCF. CSA greatly appreciates the new
administration's indication that this important fund will be increased
to fully authorized levels and hopes that the administration and
Congress can work together to implement this vision. Over the last
several years, funding for Federal land acquisition has been abysmally
low, particularly for BLM. BLM land comprises 42 percent of all Federal
lands administered by the primary Federal land management agencies.
Yet, since 2000, BLM conservation lands have consistently received less
than 12 percent of land acquisition funding for those agencies, with
less than 6 percent the last 2 years.
As with the other land management agencies, BLM has a conservation
mandate, and many of its cultural and natural treasures with important
land acquisition needs are in the NCLS. In order to protect the
integrity of these national treasures, the DOI must invest more
adequately in land acquisition for NCLS, including taking full
advantage of funds authorized under the Federal Land Transaction
Facilitation Act (FLTFA).
We greatly appreciate that the President's budget includes $8.6
million in funding for NCLS LWCF projects and request support for these
projects. Additionally, we know of $20 million in additional land
acquisition opportunities in fiscal year 2010 within NCLS that are
ready for Federal purchase. We ask that the subcommittee ensure
additional funding for these important projects that are ready for
purchase.
job creation and economic opportunities from ncls investments
NCLS supports the economies of surrounding communities through
attracting short-term visitation and a long-term skilled labor force
drawn to these communities by protected environmental amenities. A 2006
study by the Outdoor Industry Foundation determined that the active
outdoor recreation economy contributes $730 billion annually to the
U.S. economy, touching more than 8 percent of America's personal
consumption expenditures. NCLS lands and waters are critical components
of the network of public lands systems that nurture and sustain these
economic activities. A 2005 Sonoran Institute study, The National
Landscape Conservation System's Contribution to Healthy Local
Economies, determined that protected NCLS units are an important part
of a successful combination of factors that make rural economies
vibrant.
NCLS units have many ``shovel-ready'' projects that cannot all be
addressed by the recent stimulus package, projects such as restoration
of riparian habitat, removing traces of decommissioned roads, pulling
invasive weeds and restoring native flora to provide wildlife habitat
and combat fire danger. Annual increases as part of the budget and
appropriations process will ensure that these projects, strategically
pursued, will provide needed jobs for surrounding communities while
protecting nationally significant resources under BLM's care.
______

Prepared Statement of The Nature Conservancy

Mr. Chairman and members of the subcommittee, I appreciate this
opportunity to present The Nature Conservancy's recommendations for
fiscal year 2010 appropriations. My name is Thomas J. Cassidy, Jr. and
I am Director of Federal Programs at the Conservancy.
The Nature Conservancy is an international, nonprofit conservation
organization working around the world to protect ecologically important
lands and waters for nature and people. Our mission is to preserve the
plants, animals and natural communities that represent the diversity of
life on Earth by protecting the lands and waters they need to survive.
We are best known for our science-based, collaborative approach to
developing creative solutions to conservation challenges. Our on-the-
ground conservation work is carried out in all 50 States and more than
30 foreign countries and is supported by approximately 1 million
individual members. We have helped conserve nearly 15 million acres of
land in the United States and Canada and more than 102 million acres
with local partner organizations globally.
Climate Change.--The Conservancy appreciates the subcommittee's
leadership in highlighting the need for increased investments in
climate change science, particularly through the National Global
Warming and Wildlife Science Center. We support a robust increase in
funding for this and other programs that will guide science-based
investments necessary to meet the critical needs of fish and wildlife
adaptation in a world whose climate is changing. We also welcome the
President's commitment to address this global environmental challenge,
including his request for an increase in the Department of the
Interior's (DOI) climate funding by $130 million.
Land and Water Conservation Fund (LWCF).--Thank you for your
leadership in restoring critically important funding for LWCF and other
key programs. We are gratified by the President's commitment to fully
fund LWCF and look forward to working with Secretary Salazar and the
subcommittee to secure the funding to protect the Nation's treasured
landscapes.
We recommend a funding level of $325 million for the Federal side
of LWCF. This year, the Conservancy is specifically recommending 29
biologically rich land acquisition projects totaling $83 million.
Priorities include Cherry Valley National Wildlife Refuge (NWR), the
Nation's newest refuge, and continuing large-scale projects in New
England's Silvio O. Conte National Fish and Wildlife Refuge, Montana's
Blackfoot River watershed and several Fish and Wildlife Service (FWS)
grasslands projects. Although we are gratified that the President's
request is larger than fiscal year 2009 enacted, we are concerned by
the sharp decrease in funding for U.S. Forest Service (USFS) LWCF
projects and urge the subcommittee to provide funding necessary to
support the agency's land acquisition needs, including in Wisconsin's
Chequamegon-Nicolet National Forest, Oregon's Hells Canyon NRA and
South Carolina's Francis Marion National Forest.
Forest Legacy.--The President's request of $91 million would be a
historic level of funding for this increasing popular and effective
program. For fiscal year 2010, 84 projects were submitted by States to
the USFS with a total project value of over $363 million. The huge
potential of this program to achieve conservation goals while
maintaining sustainable use of private lands requires a significant
funding increase. We strongly support $125 million for this program,
and are specifically proposing 13 projects totaling $42.5 million. We
are particularly pleased that the number one ranked project, Arizona's
San Pedro River Ecosystem, is a Conservancy project. We are also
gratified that our 127,000-acre Northern Cumberlands project received
the largest funding request. It is the largest conservation deal in
Tennessee since the creation of Great Smoky Mountains National Park.
The State has provided $82,000,000 toward this 127,000-acre project,
while private equity investors and philanthropy have leveraged an
additional $45,000,000. Other priority projects include New York's
Follensby Lake and Virginia's Chowan River Headwaters.
Wildland Fire Management.--We greatly appreciate the subcommittee's
leadership in funding hazardous fuels reduction to address the root
problem of unhealthy forests. Overgrown forests, coupled with continued
residential growth in fire-prone areas and a lengthening fire season in
a warmer climate, are contributing to the ever-increasing costs of
wildlife suppression. The Nature Conservancy is disappointed that the
President's budget decreases funding for the Hazardous Fuel Reduction
program by 5 percent. This reduction comes as a surprise after the
overwhelming field response to economic recovery funding, with four
times as many fuels treatment projects submitted as could be funded.
Our recommendation for hazardous fuel reduction funding is $361 million
for the USFS and $223 million for the DOI.
We have four additional funding recommendations for focused
investments within Wildland Fire Management. First, we are disappointed
that the President's budget did not provide funding for the recently
enacted Forest Landscape Restoration Act. The program will enable 10
large landscapes across the Nation to receive sustained funding for
fuels treatments that implement a collaboratively developed and
science-based ecological restoration plan. The selected projects will
also create jobs, provide woody biomass for local business use, and
reduce catastrophic wildfire risks in ecosystems where damaging
wildfire is exacerbated by climate change. The Conservancy recommends
$40 million to fully fund this new program. Second, we recommend $60.5
million for national fire plan State fire assistance and $7.7 million
for the DOI rural fire assistance. Third, we recommend rehabilitation
and restoration funding of $12.6 million for the USFS and $22.3 million
for the DOI agencies to control invasive species spread after wild
fire. Finally, we support the President's recommended reserve fund for
fire suppression or creation of a FLAME fund for mega-fires in
conjunction with strong cost management and accountability.
Forest Health Management.--America's forests face a growing number
of nonnative pests and diseases. The Conservancy appreciates the
subcommittee's leadership in consistently providing funding
significantly more than the President's request. The Forest Health
Management program should receive an increase to $140 million to
effectively address economically and ecologically damaging pests,
including the asian longhorned beetle, emerald ash borer, hemlock
woolly adelgid, sudden oak death, a newly described disease threatening
walnut trees in the West, and the gold-spotted oak borer that has
killed at least 17,000 trees in southern California since 2000.
Forest Service Research Program.--We recommend an increase of $3
million more than enacted for the ``Invasives R&D'' line item within
the USFS research program. This would permit maintaining at current
levels research to improve detection and control methods for the
emerald ash borer, hemlock woolly adelgid, and other nonnative forest
pests and diseases.
Endangered Species.--The Conservancy supports an increase for the
FWS's Cooperative Endangered Species Conservation Fund (CESCF) to $125
million. We applaud the President's $100 million request, including a
large increase to the recovery land acquisition program. If the
subcommittee provides additional funding to this program, we suggest it
carefully consider the significant needs for HCP funding. Our requested
increase reflects the unmet public funding needs of the CESCF, and
recognizes the important role States, municipalities, and non-Federal
partners play in conserving threatened, endangered, and at-risk species
on non-Federal lands. The Conservancy and its partners, including
multiple State and county governments, have used this program to secure
key habitat for numerous threatened, endangered and at-risk species. We
also support continued funding for the Upper Colorado River Endangered
Fish Recovery Program, recovery funds for the San Juan River Basin
Recovery Implementation Program, and fish hatchery needs associated
with the recovery plans in this region. We also support funding for the
Platte River Recovery Implementation Program.
State Wildlife Grants.--The Conservancy strongly endorses the
Teaming with Wildlife Coalition's funding recommendation of $85
million, plus the administration's request of $40 million to develop
and implement climate adaptation strategies. Strong Federal investments
are essential to ensure strategic actions are undertaken by State and
Federal agencies and the conservation community to conserve wildlife
populations and their habitats. We also support a $5 million
competitive grant program as a subset of the State Wildlife Grant
Program.
National Wildlife Refuge System (NWRS).--The Conservancy applauds
the subcommittees' significant increases in last year's budget for
operations and maintenance of NWRS, a cornerstone of our commitment to
fish and wildlife resources throughout the Nation. We urge sustained
investments in these key accounts to reverse the loss of permanent
refuge staff positions and capacity to maintain NWRS. We also strongly
support an increase in funding for new responsibilities of managing the
pristine coral reef systems protected in the new Pacific Remote Islands
Marine National Monument and Rose Atoll NWR.
Migratory Bird Programs.--The Conservancy applauds the President's
request of $52.6 million for the North American Wetlands Conservation
Act and urge the subcommittee to provide at least that level of
funding. The Conservancy also supports $19 million in funding for the
Joint Ventures. We support increasing funding for the Migratory Bird
Management Program with an emphasis on reversing declines in bird
populations.
Partnership Programs.--We recommend funding levels over fiscal year
2009 for successful partnership programs, including the FWS Coastal
Program ($18 million), Partners for Fish and Wildlife Program ($60
million), and the National Fish Habitat Initiative ($10 million).
International Programs.--The Conservancy, as part of an alliance of
major international conservation groups, supports the International
Conservation Budget, which calls for $15 million to the FWS'
Multinational Species Conservation Fund. This includes funds for the
African and Asian elephant funds, the Great Apes Fund, the Marine
Turtle Fund, and the Rhinoceros/Tiger Fund. We and the alliance also
strongly support $21 million for the FWS office of international
affairs which includes Wildlife Without Borders; $6.5 million for the
FWS' Neotropical Migratory Bird Conservation Fund; and $14 million for
the U.S. Forest Service's International Programs.
Bureau of Land Management (BLM) Resource Management.--The
Conservancy supports robust funding for BLM resource management and
planning activities. These funds are needed for landscape-scale
assessments and planning initiatives to improve wildlife habitat, water
quality, invasive species control, and more informed mitigation and
siting decisions for traditional and renewable energy proposals. BLM
and its partner agencies should be encouraged to use existing data sets
so that funding can be focused on data gaps rather than creating
duplicitous data sets.
Omnibus Public Lands Management Bill.--The Conservancy strongly
supported this historic legislation which protects some of the Nation's
most scenic and ecologically important resources. We urge adequate
funding to implement the legislation's many provisions, including the
Owyhee Public Land Management and Washington County, Utah programs. We
also request sufficient funding for the National Landscape Conservation
System and $2 million for the Cooperative Watershed Management Program.
United States Geological Survey: Water Resources.--We support
increases over the fiscal year 2009 funding levels for the National
Streamflow Information Program and the Cooperative Water Program. These
programs provide scientific data needed by multiple public and private
water managers and their partners. As climate change, drought and
population growth increase the demands on our Nation's water resources,
it is critical to invest in the integration of State and Federal water
resource data and to better understand the water needs of both human
communities and the environment.
Office of Insular Affairs.--We support at least $1 million for the
Coral Reef Initiative.
Environmental Protection Agency.--The EPA geographic programs
provide critical leadership, technical support, and funding for on-the-
ground actions to improve water quality and restore ecosystems. In
particular, we support $10 million for the EPA Gulf of Mexico Program,
$25 million for the Great Lakes and $35 million for the Chesapeake Bay
programs. We also support $30 million to support implementation of the
Puget Sound Partnership's Action Agenda. Finally, we recommend $3
million be directed to the Albemarle-Pamlico National Estuary Program
to implement climate adaptation strategies on the low-lying lands of
this nationally significant resource. Such funding would leverage $1.3
million in private funding the Conservancy has already raised.
Payments in lieu of taxes and refuge revenue sharing programs
provide payments to counties where land has been taken off the local
property tax rolls and put into Federal ownership. In some counties,
protection of significant natural resources impacts the tax base that
funds local government services, including schools and public safety.
We urge the subcommittee to provide full funding for these programs and
honor the Federal commitment to local communities.
Thank you for the opportunity to present The Nature Conservancy's
recommendations for the fiscal year 2010 Interior, Environment, and
Related Agencies appropriations bill.
______

Prepared Statement of the Town of Ophir

Madam Chairman and honorable members of the subcommittee: Thank you
Madam Chairman for the opportunity to present public testimony in
support of continued funding for the Ophir Valley Project and
protection of important Federal lands. As the Town Manager for the Town
of Ophir, I am respectfully requesting the allocation of $2.75 million
to the U.S. Forest Service's (USFS) fiscal year 2009 budget from the
Land and Water Conservation Fund (LWCF) for the Ophir Valley Project.
These funds will be used to facilitate the USFS's continuing efforts to
acquire 1,200 acres of privately owned in-holdings in the Ophir Valley
to the collective benefit of both the current owners as well as all
those who enjoy this unique area at present or may wish to do so in the
future.
The Ophir Valley Project represents an enthusiastic partnership of
private land owners, regional communities, not-for-profit
organizations, State and Federal agencies, and most importantly, the
general public. Located just off the Federal San Juan Skyway Scenic
Byway, Ophir Valley offers pristine alpine scenery, abundant
recreational opportunities, and valuable habitat for threatened and
endangered species. Easy public access is currently available for
hiking, biking, rock climbing, hunting, camping, skiing, jeep touring,
motorized recreation, and wildlife viewing. Due to the checkerboard
pattern of privately owned patented mining claims, the Ophir Valley
Project seeks to acquire these private in-holdings and consolidate USFS
lands to insure permanent public access to Federal lands.
The Town of Ophir has actively pursued a comprehensive, valley-wide
land conservation program since 1992. Besides acquiring more than 230
acres of mining claims and investing more than $500,000 locally, the
Town of Ophir has nurtured important relationships with private land
owners and State and Federal agencies. The Pauls family has proven to
be an invaluable resource and visionary partner with the Town of Ophir
by supporting Ophir's land conservation goals and working with the
Trust for Public Land. Now, after 16 years of dedicated land
conservation efforts, the Pauls family is offering the last significant
private land holdings in Ophir Valley for USFS acquisition.
The Ophir Valley Project protection effort is the natural extension
of the successful Red Mountain project, located just to the north and
east of Ophir Valley. Federal funding for the Ophir Valley Project is
complementing many regional projects along the 236-mile San Juan Skyway
Scenic Byway (1 of only 27 All American Roads in the National Scenic
Byway program). The State's Great Outdoors Colorado Legacy Project
program pledged $5.7 million in grant funding to match local efforts to
improve recreational opportunities and protect important lands along
the San Juan Skyway.
The requested funding for the Ophir Valley Project will produce the
following benefits:
--Protect public access to many thousands of acres of USFS lands for
diverse recreational opportunities;
--protect habitat for the Canadian Lynx, a federally listed
threatened species; protect the endangered Uncompahgre
Fritillary butterfly; and protect the headwaters for the San
Miguel River, which sustains native cutthroat trout;
--improve USFS land management by consolidating ownership;
--leverage Federal funding support with more than $10 million in
State and local funding for regional recreation and land
protection projects along the San Juan Scenic Byway;
--protect the historic character of our 1881 mining camp-town; and,
--protect the rugged alpine scenery of this pristine mountain valley.
Upon completion, this comprehensive preservation effort will
provide a reasonable, equitable, and enduring resolution to a multitude
of land use and access conflicts associated with the extensive private
ownership of inholdings within public lands in the area. Moreover, it
will promote the effective and consistent land management practices of
the USFS.
Thank you for your support and leadership in conserving Colorado's
land and water resources. LWCF for the Ophir Valley Project will ensure
future generations can enjoy this very special place in Colorado.
Thank you for your consideration of this request.
______

Prepared Statement of the Trust for Public Land

Chairwoman Mikulski and Ranking Member Shelby, thank you for the
opportunity to submit testimony in support of funding for the Coastal
and Estuarine Land Protection Program (CELCP) administered by the
National Oceanic and Atmospheric Administration (NOAA). My statement
today urges you to provide funding through the CELCP to the coastal and
lake States and the territories at the level of $60 million in fiscal
year 2010. This funding is necessary to protect the ecologic,
recreation, historic, and aesthetic values and the economic vitality of
our coastal communities.
The Trust for Public Land (TPL) is a national nonprofit land
conservation organization that conserves land for people to enjoy as
parks, community gardens, natural and scenic areas, historic sites,
working landscapes, and other public assets. Since 1972, TPL has worked
with willing landowners, community groups, and national, State, and
local agencies to complete more than 4,000 land conservation projects
that protect more than 2.5 million acres in 47 States and the
territories. TPL has partnered with NOAA, private landowners, and State
and local governments on over 50 CELCP-funded coastal land protection
projects. Since 1988, TPL also has helped States and communities craft
and pass over 463 ballot measures, generating almost $31 billion in new
conservation-related funding. These conservation measures provide an
important source of State and local matching funding for CELCP and
other Federal land protection programs.
TPL and other nongovernmental partners invest our energies,
funding, and staff in the places where the threats to open spaces are
most urgent. Not surprisingly, many of those public-private
conservation partnerships have focused on our Nation's dwindling
coastal open spaces. Even with the considerable focus on our most
critical coastal ecosystems and shorelines, we continue to fall farther
and farther behind in our efforts to help State and local government
partners protect the coastal open spaces. In recent years, we have
witnessed an unprecedented pace of resource-damaging development along
our coastlines. The need for prompt conservation action in these
sensitive and challenged areas is only increasing. The recent economic
downturn may well provide a window of opportunity when public
conservation agencies and partners can better compete and stretch
limited acquisition dollars further, making this a wise time for
strategic Federal investment in coastal conservation.
Coastal protection provides many public benefits including
buffering from storms and floods, filtering pollution and maintaining
water quality, providing waterfront and coastal access for public
recreation, supporting fish and shellfish populations important to
commercial and recreational fisheries, preserving coastal habitats for
nesting and foraging birds, and securing habitat for native wildlife
including threatened and endangered species. The CELCP is the only
Federal program dedicated exclusively to helping coastal communities
protect their natural and recreational heritage. CELCP is essential
Federal funding, that allows State and local governments, and their
private conservation partners, to respond effectively to coastal
conservation needs. The recent NOAA eligibility requirement that each
coastal State develop a Coastal and Estuarine Land Conservation Plan
helps ensure that both Federal and non-Federal dollars are being
smartly targeted and wisely spent.
The spiraling development pressures upon our Nation's coastal zone
are obvious and well documented. Since 1970, coastal areas have
experienced steady increases in population. According to NOAA, coastal
counties constitute only 17 percent of the Nation's land areas, but
account for 53 percent of its populations--a population density five
times greater than noncoastal counties. According to the U.S.
Commission on Ocean Policy, ``more than $1 trillion, or one-tenth of
the Nation's annual gross domestic product, is generated within the
relatively narrow strip of land immediately adjacent to the coast that
we call the nearshore zone. When the economies throughout coastal
watershed counties are considered, the contribution swells to more than
$4.5 trillion, fully half of the Nation's gross domestic product,
accounting for some 60 million jobs.'' The health of our coasts is
inextricably linked with the economic health of the Nation.
In 2002, Congress stepped in to respond to that need and enhance
the Federal role within the Federal-State coastal conservation
partnership by creating the CELCP to protect ``those coastal and
estuarine areas with significant conservation, recreation, ecological,
historical, or aesthetic values, or that are threatened by conversion
from their natural or recreational states to other uses.'' Authorized
at $60 million annually, funding for the program grew from an initial
$15 provided in fiscal year 2002, to a high of $50 million in 2004,
before declining each subsequent year to a low of $8 million in fiscal
year 2008. Despite its uneven funding history, the CELCP has built an
impressive track record. To date, the over funded over 150 conservation
projects in 26 of the Nation's coastal States and territories helping
to protect approximately 35,000 acres. This Federal funding has been
leveraged by at least an equal amount of State, local, and private
matching investments, demonstrating the broad support for the program,
the importance of coastal protection, and the critical role of Federal
funding to accelerate coastal protection. Inclusion of the Coastal and
Estuarine Land Protection Act in the recently passed H.R. 146, the
Omnibus Public Lands Management Act of 2009, formally codifies CELCP
and recognizes the program's achievement and significance.
In 2007, by directive from this subcommittee, NOAA instituted a
competitive grants selection process for the CELCP. The CELCP team at
NOAA has done an impressive job of managing this transition and
creating a thorough competitive grants process. In the last 3 years,
NOAA, in partnership with the States, has identified over $230 million
of vetted and ranked projects. While we support the competitive nature
of the program, full funding at $60 million annually is needed to meet
the demand of increasingly high-quality projects being developed by
States with other partners and submitted to NOAA. We were pleased to
see the program funding increased to $15 million in fiscal year 2009,
reversing a 5-year funding decline. However, this will only fund the
first 8 or so of the 43 competitively ranked projects in fiscal year
2009, meeting a fraction of the total project need of $63 million.
The CELCP is the only Federal program dedicated exclusively to
helping coastal communities protect their natural and recreational
heritage. CELCP provides essential Federal funding that allows State
and local governments, and their private conservation partners, to
respond effectively to coastal conservation needs. Perhaps the best way
to underscore the critical value of this program to the American people
is to provide some examples of the projects seeking funding in fiscal
year 2010:
Lapakahi Marine Life Conservation District (MLCD), Hawaii County,
Hawaii
CELCP funding will protect the last privately held property
fronting the Lapakahi MLCD on the North Kohala coast of the big island
of Hawaii. This 17.05-acre tract includes 200 feet of shoreline and
will connect a total of 1.75 miles of publicly held coastline and
protect habitat for the threatened green sea turtle and the endangered
Hawaiian monk seal. The requested $1.25 million from the Hawaii Legacy
Land Conservation Fund Program will match CELCP funding in the amount
of $1.25 million.
Magnolia Hill Conservation Project, Massachusetts
The City of Gloucester, The Trust for Public Land, The Trustees of
Reservations, and Essex County Greenbelt Association are working to
protect the 109-acre Magnolia Hill property in the coastal area of
Essex County, Massachusetts. This upland habitat overlooking Gloucester
Harbor represents an intact Oak-Hemlock-White Pine forest and wooded
swamp supporting the State-listed Blue spotted Salamander and State-
endangered Sweetbay Magnolia. The property drains into a 12-acre tidal
coastal salt pond, Clark Pond, and connects 1,270 acres of contiguous
protected coastal zone habitat. $3 million in CELCP funding will be
matched by an equal amount of State, local, and private funds.
Harsens Island Conservation Area, Lake St. Clair, Michigan
The 547-acre Harsens Island Conservation Area lies at the heart of
the St. Clair flats--the largest freshwater delta in the world. Located
on both the Atlantic and Mississippi flyways, migratory waterfowl use
of these coastal waters and wetlands has historically reached 3 million
annually. Protection will enhance public access for recreation,
eliminate the threat of development, and protect sensitive coastal
habitat. $7 million in Michigan Natural Resources Trust Fund dollars
will match a $3 million CELCP grant.
Houghton Falls Nature Preserve, Lake Superior, Bayview Township,
Wisconsin
77 acres on the Bayfield Peninsula with 2,230 feet of Lake Superior
shoreline will be protected as a Bayfield town park. This rare boreal
forest habitat contains numerous species of concern including the Gray
Wolf, Northern Flying Squirrel, Woodland Jumping Mouse, and Water
Shrew. The property is an important stopover for Neotropical migratory
birds, and a fish nursery for Lake superior whitefish and other
species. A $1.423 million CELCP grant will be equally matched with
funding from the Wisconsin Knowles-Nelson Stewardship Fund.
Kiket Island Addition to Deception Pass State Park, Phase II, Skagit
County, Washington
A $3 million CELCP grant will purchase the final 40 acres of the
Kiket Island project in northern Puget Sound to protect a total of 96
acres of high-quality coastal habitat and more than 2 miles of
shoreline threatened. Kiket Island is an intact, intertidal zone with
all eight species of Puget Sound anadromous fish, including the
endangered Chinook salmon and bull trout. The forested portion of Kiket
Island provides excellent habitat for bird, including owls, and other
native wildlife. A $3 million CELCP grant will be matched with $3.431
million from Washington State parks.
Ayers Creek-Holly Grove Swamp, Worcester County, Maryland
To be protected are 431 acres along Ayers Creek within the waters
of Newport Bay and the larger Maryland Coastal Bays area. The property,
including one-half mile of tidally influenced shoreline, will be added
to the State's Ilia Fehrer Nature Reserve. The forested wetlands are
important habitat for 11 State- and/or federally listed species. $1
million from Maryland Program Open Space and $250,000 from Worcester
County Program Open Space Funds will match $1.25 million in CELCP
funding.
Keewaydin Island, Rookery Bay National Estuarine Research Reserve,
Florida
TPL is working in partnership with the State of Florida to protect
5 crucial acres of beach front within and adjoining the Rookery Bay
National Estuarine Research Reserve (RBNERR). The RBNERR protects the
largest and most pristine subtropical mangrove estuary in the world,
with over 150 species of wading, nesting and migratory birds, and
numerous threatened and endangered species including the Atlantic
loggerhead sea turtle, gopher tortoise, least tern, piping plover, and
West Indian manatee. $1.5 million from the Florida Forever Program will
match a $1.5 million CELCP grant.
San Miguel Natural Reserve III, Puerto Rico
Fiscal year 2010 CELCP funding will complete the final phase of
this 601-acre coastal land protection effort at the San Miguel Natural
Reserve on the northern coast of Puerto Rico. One of the last
ecologically functional wetlands together with an undeveloped coastal
shoreline, this area is home to 42 critical species, including nesting
grounds for the federally listed Leatherback sea turtle. A $3 million
CELCP grant, matched by a land value donation from the landowner, will
protect the final 179 acres.
These several examples are just a small representation of the
breadth and depth of CELCP needs for the coming year across our
Nation's coastal geographies and communities. In closing, TPL urges you
to provide full funding of the CELCP at the authorized level of $60
million in fiscal year 2010 for this critically important program. This
level of Federal commitment is necessary to meet the demonstrated
program need and to position NOAA to be fully responsive to the many
State and local governments and private partners working together to
protect our coastal heritage. Thank you.
______

Prepared Statement of The Wildlife Society

The Wildlife Society appreciates the opportunity to provide
comments on the fiscal year 2010 budget for the Department of Interior,
Environment, and Related Agencies. The Wildlife Society represents
nearly 8,000 professional wildlife biologists and managers dedicated to
excellence in wildlife stewardship through science and education.

U.S. FISH AND WILDLIFE SERVICE (FWS)

Funding assistance for State wildlife agencies is one of the
highest-priority needs for wildlife, providing essential resources to
conserve wildlife, fish, and habitat, and to prevent further declines
in at-risk wildlife populations in every State. We support the
President's request of $115 million for the State and Tribal Wildlife
Grants program in fiscal year 2010. This funding level would enhance
the ability of state fish and wildlife agencies and their partners to
implement State Wildlife Action Plans and address the impacts of
climate change on wildlife and their habitats.
The State and Tribal Wildlife Grants Program is the only Federal
program dedicated to implementation of State Wildlife Action Plans.
Congress required State and territorial fish and wildlife agencies to
develop and implement these plans to reverse the decline of at-risk
fish and wildlife. The plans are being used across the country to
prioritize and guide wildlife conservation work, helping to protect
vital ecosystem services and recreational opportunities valued in the
hundreds of billion of dollars.
Addressing climate change is one of the most daunting tasks facing
the conservation community. We support the addition of $40 million in
climate change funding through the State Wildlife Grants program which
provides States and tribes with the resources they need to plan and
implement conservation actions needed to mitigate the impacts of
climate change and help wildlife adapt. State fish and wildlife
agencies are facing significant budget declines during the economic
downturn making it increasingly difficult to secure matching funds. We
ask that the subcommittee consider reducing the Federal:State match
requirement for climate change activities to 90:10.
The Wildlife Society is a member of the Cooperative Alliance for
Refuge Enhancement (CARE), a diverse coalition of 23 wildlife,
sporting, conservation, and scientific organizations representing more
than 14 million members and supporters. A comprehensive analysis by
CARE determined that the National Wildlife Refuge System (NWRS) needs
$808 million in annual operations and maintenance funding by 2013 to
properly administer its nearly 150 million acres, educational programs,
and habitat restoration projects. Consecutive stagnant budgets have
increased the operations and maintenance backlog to $3.5 billion, and
forced plans for a 20 percent downsizing of the workforce. Refuge
visitors often show up to find roads and visitor centers closed, trails
and observation platforms in disrepair, and habitat restoration and
education programs eliminated. Invasive plant species are taking over,
and with a deficiency of more than 500 law enforcement officers,
illegal activities such as poaching and trespass are on the rise. We
are grateful for the much-needed budget increase that Congress provided
the NWRS in fiscal year 2009, and we urge the Congress to build upon
this important step in the fiscal year 2010 budget. We request that you
provide $514 million in fiscal year 2010 for the operations and
maintenance of the NWRS.
The North American Wetlands Conservation Act is a cooperative,
nonregulatory, incentive-based program that has shown unprecedented
success in restoring wetlands, waterfowl, and other migratory bird
populations. We are pleased by the administration's support of this
program through its $10 million increase, and support full funding of
$75 million by fiscal year 2012.
The Neotropical Migratory Bird Conservation Act provides a broad-
spectrum approach to bird conservation. The Wildlife Society recommends
that Congress fund the Neotropical Migratory Bird Conservation Act at
its full authorization of $6.5 million in fiscal year 2010.
The Wildlife Society supports adequate funding levels for all
subactivities within the Endangered Species Program. Endangered species
recovery efforts can ultimately lead to delisting actions that result
in significant benefits to species through State management efforts.
Currently, all subactivities are understaffed, as the costs for
management of listed species continue to rapidly escalate. We support
the President's request of $164 million for this key program in fiscal
year 2010.
In fiscal year 2008 and 2009, funding for the Science Excellence
Initiative was zeroed out in the administration's budget. Discontinuing
funding for this office will prevent FWS from expanding its on-the-
ground scientific capacity in adaptive resource management, structured
decision analysis, and conservation genetics. Elimination of these
programs will reduce FWS's capacities in key areas and prevent the
expansion of these programs to other regions of FWS. The Wildlife
Society strongly recommends that Congress fund the Science Excellence
Initiative at $493,000 in fiscal year 2010.

BUREAU OF LAND MANAGEMENT (BLM)

BLM manages more land, and more wildlife habitat, than any other
Federal agency, including half of the remaining habitat for the
imperiled sage grouse and almost 15 million acres of prairie grasslands
vital to many declining grassland-dependent species. The diverse
habitats managed by BLM support more than 3,000 species of wildlife,
more than 300 federally proposed or listed species, and more than 1,300
sensitive plant species.
However, the BLM has only one biologist per 591,000 acres of land
and estimated costs for recovery of threatened and endangered species
on BLM lands are $300 million annually over the next 5 years. Moreover,
the status of the wide-ranging declining sage grouse is of great
concern, and significant additional resources will be needed for its
protection.
In addition, the Wildlife and Fisheries Management (WFM) and the
Threatened and Endangered Species Management (TESM) programs have been
forced to pay for the compliance activities of BLM's energy, grazing,
and other nonwildlife-related programs. Traditionally, funding for
compliance work has come from benefiting programs; however in recent
years, at least 30 percent of WFM and TESM resources have been
routinely diverted to other programs, eroding their ability to conduct
proactive species and habitat conservation activities and efforts to
recover listed species. While this practice has undergone increased
scrutiny in the last 2 years, nothing has emerged to suggest that the
situation has been rectified.
Given the significant underfunding of the BLM's wildlife programs,
combined with the tremendous expansion of energy development across the
BLM landscape, an increase to $55 million for the BLM Wildlife
Management Program is warranted. This will allow BLM to maintain and
restore wildlife and habitat by monitoring habitat conditions,
conducting inventories of wildlife resources, and developing
cooperative management plans.
Increased funding is needed for the TESM program to meet its
conservation responsibilities in endangered species recovery plans.
BLM's March 2001 report to Congress called for a doubling of the
current Threatened and Endangered Species budget to $48 million and an
additional 70 staff positions over 5 years. In view of this inequity
between resource needs and funding levels, we strongly encourage
Congress to increase overall funding for this program to $33.5 million
in fiscal year 2010

U.S. GEOLOGICAL SURVEY (USGS)

The Wildlife Society supports funding of $1.5 billion for USGS in
fiscal year 2010. This would enable USGS to meet new challenges while
continuing to provide essential data for land-use management,
sustainable natural resource development, and enhanced security from
natural and human-caused hazards. More investment is needed to
strengthen USGS partnerships, improve monitoring networks, produce
high-quality digital geospatial data, and deliver the best possible
science to address critical environmental and societal challenges.
We support the increased funding proposed for the Cooperative Fish
and Wildlife Research Units (CFWRUs). The CFWRUs are a jointly funded
Federal/State partnership, where the Federal Government provides the
funding for personnel and States provide funding to establish the units
at a university. Fiscal year 2001 was the last time Congress fully
funded the CFWRUs, allowing unit productivity to rise to record levels.
Since then, budgetary shortfalls have caused an erosion of available
fiscal resources, resulting in a current staffing vacancy of 23
researcher positions, nearly one-quarter of the professional workforce.
In order to fill current scientist vacancies, restore seriously eroded
operational funds for each CFWRU, and enhance national program
coordination, the fiscal year 2010 budget for the CFWRUs should be
increased to $19.5 million. This would restore necessary capacity in
the CFWRU program and allow it to meet the Nation's research and
training needs.
The CFWRUs are crucial to successfully addressing the natural
resource management challenges posed by climate change, energy
development needs, invasive species, infectious diseases, and wildfire.
These challenges also include replacing the unprecedented number of
natural resource professionals who will be retiring over the next 10
years. To begin meeting these high-priority research and training needs
in fiscal year 2010, we ask that you establish a competitive, matching
fund program within existing CFWRU legislative authority that would
make available $5 million annually in new funds beyond base operational
costs.
The Wildlife Society appreciates the funding for the National
Climate Change and Wildlife Science Center in the fiscal year 2009
omnibus, which provided $10 million for the Center. This center will
play a pivotal role in addressing the impacts of climate change on fish
and wildlife. The Wildlife Society supports the recommended funding
level of $15 million in fiscal year 2010.

U.S. FOREST SERVICE (USFS)

Our national forests and grasslands are essential to the
conservation of our Nation's wildlife and habitat, with about 425
threatened and endangered species, and another 3,250 at-risk species,
calling them home. The fiscal year 2007 appropriation of $131.7 million
for the Wildlife and Fisheries Habitat Management Program accomplished
more than 4,700 projects and generated an additional $50.4 million in
partner contributions. However, USFS has estimated that it could expend
two times that amount or $260 million on projects with existing
staffing. We urge Congress to increase funding for this program to at
least $154 million in fiscal year 2010.
Upward trends in fire suppression costs increasingly prevent the
Forest Service, and other agencies, from implementing critical programs
and fulfilling their missions. Congress must identify a new mechanism
for funding emergency fire suppression activities. A partitioned
wildfire suppression account to fund emergency fires should be created,
so that emergency fire spending does not impact nonemergency agency
budgets. In addition, the 10-year rolling average should be replaced
with a more predictive statistical model that utilizes current weather,
drought, and fuel load as well as fire history and other data to
project the extent of wildland fire on the landscape and the funding
needed to address it. The USFS and DOI must continue developing and
implementing a rigorous set of measures for linking fire management to
fire costs in order to more effectively achieve cost containment.
Finally, investment of funds into the range of agency programs that
have been impacted by increasing suppression costs must occur for
agencies to accomplish their missions.
Thank you for considering the recommendations of wildlife
professionals. We are available to work with you and your staff
throughout the appropriations process.
______

Prepared Statement of The Wilderness Society

The Wilderness Society (TWS) represents more than 400,000 members
and supporters across the United States who support our mission to
protect wilderness and inspire Americans to care for our wild places.
We thank the subcommittee for the opportunity to submit comments on the
fiscal year 2010 Department of the Interior, Environment, and Related
Agencies appropriations bill.
Over the last 2 years, Federal allocations reversed the near
decade-long pattern of severe funding cuts to numerous conservation
programs. We applaud Congress for increasing appropriations for
essential public land conservation activities, but despite this
progress, these and other indispensable conservation programs continue
to suffer from years of underfunding.
To make matters worse, the effects of climate change are already
being felt on public lands nationwide. Protection of these lands help
buffer flooding and wildfire, conserve water, support healthy fisheries
and wildlife populations, limit sea-level rise and the spread of
invasives, and aide in carbon storage.
The President has sent a strong message to Congress by supporting a
budget that assumes the passage of a cap-auction-and-trade climate
protection program. The revenues generated from this program should be
invested in the public welfare, including the protection of biodiverse
ecosystems that protect our public health. It is too late to prevent
climate disruption, because the pollution dumped into the air for the
past 100 years will affect us for the next 100, guaranteeing an
increase in severe climate events related to global warming.
However, it is not too late to secure the public protection that
comes from keeping our watersheds functioning and our air filtered by
resilient natural landscapes. According to the U.S. Forest Service
(USFS), we are losing 6,000 acres a day of forested and open space.
These intact forest systems are a weapon against the ravages of global
warming, and we should protect them the way an army protects the
armory. To build resilient landscapes, we must keep them from being
broken apart, fragmented, disconnected and degraded. Accordingly, we
urge that you take bold, immediate action in making additional
investments for fiscal year 2010. As a minimum step toward adequate
funding of our public land programs and to meet new challenges
associated with climate change, TWS recommends:

LAND AND WATER CONSERVATION FUND (LWCF)

Our 682 million acres of Federal land and waterways provide a
critical opportunity to address the unprecedented challenges that
climate change poses to our forests, fish and wildlife, and riparian
resources. The strategic acquisition of key inholdings, buffer areas,
and wildlife migration corridors within and adjacent to existing public
lands enhances adaptation efforts and fosters intact landscapes. These
natural areas also store carbon, buffer flooding, conserve water, and
support healthy fisheries and wildlife populations. Hand-in-hand with
mitigating the deleterious impacts of our environment from burning
fossil fuels is the need to respond to climate change with a
foresighted investment in land protection and natural resource
adaptation across the Federal public lands. President Obama has
indicated that LWCF should be fully funded by 2014, and his 2010 budget
request includes $216.7 million for the Federal and State grants LWCF--
a 21 percent increase more than fiscal year 2009. However, this
accounts for only half of the funding expended under LWCF. We urge that
the Federal and State grants program receive a higher percentage of
LWCF dollars in the future as the program reaches its full funding
level of $900 million. TWS' fiscal year 2010 recommendation for the
LWCF is $450 million ($325 million for Federal and $125 million for
stateside), an increase of $278.1 million more than fiscal year 2009
enacted level of $171.9 million. We also support conserving land and
natural resources in Connecticut, New Jersey, New York, and
Pennsylvania through the Highlands Conservation Act.
A sampling of TWS LWCF and forest legacy acquisition priorities for
fiscal year 2010 follows:
--Arizona.--Maumelle water excellence. forest legacy request: $3.6
million
--California.--Santa Rosa and San Jacinto Mountains National
Monument. LWCF request: $1.5 million
--Georgia.--Chattahoochee River NRA. LWCF request: $3.1 million
--Maryland.--Blackwater National Wildlife Refuge. LWCF request: $2
million
--Montana.--Red Rocks Lake National Wildlife Refuge. LWCF request: $1
million
--North Carolina.--Pisgah National Forest; Uwarrie National Forest.
LWCF request: $2 million
--New Hampshire.--Lake Umbagog National Wildlife Refuge. LWCF
request: $5 million
--New Mexico.--Sevilleta National Wildlife Refuge. LWCF request: $2
million
--Oregon.--Cascade Siskiyou National Monument. LWCF request: $4
million
--South Carolina.--Congaree National Park. LWCF request: $2.7 million
--Washington.--Mt. Baker-Snoqualmie National Forest. LWCF request:
$1.7 million; Okanogan Wenatchee National Forest. LWCF request:
$250,000

FOREST LEGACY AND COMMUNITY FOREST AND OPEN SPACE PROGRAM

The Forest Legacy Program (FLP) helps to preserve working
forestlands threatened by conversion/development. To date, this program
has protected more than 1.7 million acres in 36 States and Puerto Rico.
A total of $381 million of Federal funds have been matched by $484
million in non-Federal funds and donations, making the Federal share
only 44 percent of overall project costs. FLP funding has steadily
diminished from a height of $69 million in fiscal year 2003, while
demand for funding has steadily increased. For fiscal year 2010, the
USFS received 84 project proposals from 44 States and territories to
protect 288,530 acres with a total project value of more than $363
million. The President's budget includes a much needed 37 percent
increase in the FLP to $91.1 million. This is a strong commitment that
brings FLP closer to its recommended and necessary level. TWS'
recommendation for fiscal year 2010 is that the FLP be funded at $125
million.
The Forest Service (USFS) has begun its rulemaking process for the
Community Forest and Open Space Program (CFOSP). The President's 2010
budget has allocated $1 million to initiate the program, which will
enable communities to conserve thousands of forested acres, thereby
maintaining carbon sequestration and storage where otherwise
development might have occurred. TWS' fiscal year 2010 recommendation
for CFOSP is $75 million for this program's first year.

BUREAU OF LAND MANAGEMENT (BLM)

Over the past 8 years, BLM's budget has been severely unbalanced in
its emphasis on oil and gas development, which has doubled while other
program areas have been shortchanged. Despite these large increases,
the Obama administration has requested a $10.8 million increase in
BLM's oil and gas budget, from $79.5 million enacted in fiscal year
2009, to $90.3 million requested. We strongly recommend that any
increases in the BLM's oil and gas program budget be devoted to
enhanced inspection, enforcement, monitoring and compliance activities.
Promises made in past years by the BLM regarding the implementation of
various measures to mitigate the increasingly adverse impacts of oil
and gas development on our western public lands have largely been
unmet, while the agency has devoted its efforts almost exclusively to
expediting the issuance of leases and APDs, frequently on sensitive
lands containing important wildlife habitat, cultural artifacts, and
wilderness values. We recommend that Congress address this imbalance by
appropriating a larger proportion of the BLM's budget for its
environmental stewardship programs, rather than its oil and gas
program.
We recommend that a portion of the increase requested in the BLM's
minerals programs be allocated to the National Academy of Sciences
(NAS) for an evaluation of the current status of oil shale development
technology. ``Research, Development and Demonstration'' (RD&D) oil
shale leases issued by the Bush administration in 2005 have yielded no
helpful results to date for policy-makers interested in whether or not
the oil shale deposits of the Piceance Basin can be developed in a
commercially viable and environmentally safe way. The last
comprehensive evaluation of the status of oil shale technology was
published by Congress' Office of Technology assessment in 1980. Those
results were useful to policy-makers at the time, but are severely out
of date. We recommend that Congress mandate sufficient funds from the
BLM's oil and gas budget be used by the NAS to develop and publish an
evaluation of oil shale technologies, including an evaluation of the
environmental hazards posed by commercial oil sale development, and the
impact on other natural resources from the potential development of oil
shale to be completed by the close of fiscal year 2011. This evaluation
would be designed to assist the Department of the Interior in
determining the parameters of any future RD&D oil shale leases.
Finally, it is our hope that the new administration will review and
revise the policies governing the BLM's oil and gas leasing program to
better ensure that sensitive lands and resources that have been put at
risk by the previous administration's irresponsible development
policies are better protected from the damage that irresponsible oil
and as activities can wreak on the environment, and that the
Administration will direct BLM to take into account the impacts of its
management decisions on climate change.

BLM'S NATIONAL LANDSCAPE CONSERVATION SYSTEM (NCLS)

BLM's NCLS currently comprises some 27 million acres of
congressionally and presidentially designated lands and waters, such as
National Monuments and National Conservation Areas. Stewardship of
NCLS's many units provides jobs for thousands of Americans while
supporting vibrant and sustainable economies in surrounding
communities. NCLS provides immeasurable public values in return for
modest investments, including outstanding recreational opportunities,
wildlife habitat, clean water, and open space near fast-growing cities.
NCLS also provides a living laboratory where the challenges of climate
change can be studied and landscape level habitat restoration can take
place. Investments today will not only help maintain and enhance these
critical landscapes but also provide for numerous volunteer and job
opportunities that are needed today and cost effective in the long-
term. NCLS's budget has suffered from neglect since its inception since
2000. Recent congressional increases are helping address backlogs, but
additional funding is critical to restore landscapes, protect resources
from neglect and damage, and to fund initiation of NCLS's many new
management plans and adequate implementation of existing plans. Recent
changes to NCLS's budget have improved clarity in NCLS's budget, but
NCLS still suffers from a lack of prominence in BLM's budget structure.
TWS' fiscal year 2010 recommendation is full budget clarity for NCLS,
funding of $75 million, a modest increase of $14.2 million more than
the fiscal year 2009 enacted level, and support for the President's
Climate Change Initiative and NCLS's share of those funds.

NATIONAL PARK SYSTEM (NPS)

Our NPS is comprised of 391 units that represent our Nation's
wondrous and diverse natural and cultural resources. Increased funding
is essential to ensure that these historic and ecologically important
sites provide invaluable visitor experiences and thrive as wild
landscapes adapting to a changing climate. The American Recovery and
Investment Act (ARRA) allocated $750 million to the National Park
Service to protect these national icons, and the President's budget
recommends an increase of $100 million for operations to protect this
investment and help further reduce NPS's multi-billion dollar
maintenance backlog. In addition, the President has requested $25
million to help prepare the National Park Service for its centennial
anniversary in 2016. These funds are critical to both the immediate
needs and sustainable future of these public lands.

NATIONAL WILDLIFE REFUGE SYSTEM (NWRS)

NWRS, with its 549 refuges on nearly 150 million acres of land,
helps protect critical wildlife habitat, ensuring that wildlife
protection remains a priority of these lands. There is a wildlife
refuge in every State and within an hour's drive of most American
cities. More than 35 million people visit refuges annually, generating
nearly $1.7 billion for local economies and supporting almost 27,000
private sector jobs. Last year's operations and maintenance
appropriation increase brought funding to a level that is close to what
the NWRS needed to keep pace with inflation costs over the past 5
years. This significant investment helped stem severe staff losses and
program cuts. But years of stagnant funding fueled a spiraling backlog
of $3.5 billion in operations and maintenance projects and a loss of
more than 300 positions since 2004. NWRS needs $765 million in annual
funds to adequately address its operations and maintenance needs of the
NWRS. TWS' fiscal year 2010 recommendation for the NWRS is the same as
last year's request of $514 million.

WILDLAND FIRE

TWS is pleased that congress is recognizing that past borrowing
from other agency programs for wildland fire suppression has caused
project cancellations, strained relationships with partners, and
disruptions in management. Additionally, we are encouraged by the
passage of the FLAME bill which is an important first step in
addressing the increasing costs of suppression while helping to stave
off large transfers from other agency programs. However, we are
concerned that several adopted amendments change the underlying intent
and purpose of the FLAME Act. The original goal of the act is to
establish a framework for the administration's proposed contingency
fund for emergency wildfires. The next steps include short and long-
term solutions for suppression cost containment. President Obama's USFS
budget proposes a $282 million contingency reserve fund for USFS and
$75 million for BLM for wildfire suppression, which would help to
reduce the need for emergency supplemental funding and more importantly
alleviate the agencies' need to transfer and debilitate other critical
agency programs.
Additionally, TWS recommends appropriators retire the use of the
10-year average in accounting for annual suppression costs and use a
scientifically based predictive model, to include climate change as a
factor, for suppression estimates. Additionally, appropriators are
encouraged to provide funding to train firefighters to manage
wildfires. A 1 percent increase in preparedness allocated to
firefighter training would arm wildland firefighter with a full range
of tactical response expertise from monitoring to aggressive attack,
which will lead to healthier landscapes and reduce suppression costs in
the future.

NATIONAL FOREST SYSTEM AND CAPITAL IMPROVEMENT AND MAINTENANCE

President Obama's USFS budget for fiscal year 2010 proposes a new
initiative funded at $50 million to protect investments made by ARRA,
implement travel planning that emphasizes road decommissioning, and
address urgent facilities maintenance. The budget also provides
increases to the FLP ($34 million) and $50 million allocated to the
Legacy Roads and Trails Program highlight the administration's
commitment to improving ecosystem health through land protection and
reducing the forest road system. Unfortunately, many programs are posed
to receive minor cuts or remain at the same low funding levels as in
recent prior years. These programs include recreation and wilderness,
fish and wildlife, state fire assistance which helps communities in
fire prone areas to protect themselves.
TWS recommends congress revise the USFS annual appropriations to
reduce commodity production and increase funding for programs that will
strengthen forests to mitigate the effects of climate change including:
$77.9 million for Forest Inventory Analysis to effectively track
changes in forest health due to climate stresses and changes in
management; $377 million for recreation, wilderness and heritage
(including $84.1 million for travel management planning); $197.4
million for wildlife and fish habitat management; $325 million for road
maintenance for maintenance of roads that have completed a roads
analysis; and $100 million for Legacy Roads & Trails Remediation
program for decommissioning projects that improve water quality and
fish habitat. Finally, we urge congress to advise the agency to undergo
a comprehensive review of Government Accounting Office and Office of
Inspector General recommendations on maintaining an evolving and
effective accounting program based on accurate data collection, storage
and reporting in order to increase USFS budget and project
transparency.

U.S. CLIMATE RESERVE

According to the USFS, we are losing the equivalent of two Rhode
Island's worth of open space a year. Some of this occurs on public
lands. Our diminishing old-growth and mature forests need to be viewed
as a national treasure of carbon storage. The U.S. Climate Reserve
needs to be nurtured and enhanced, both as a carbon sink and as a
storehouse of other ecosystem services on which we rely. But we need to
provide incentives for private landowners as well, because 60 percent
of our Nation's forests are privately owned. If we are to mitigate the
threat of climate change, we need to recognize the public service
provided by every private landowner who is willing to protect his
forest from development, require sustainable practices when harvesting,
and protect watersheds with replanting and riparian buffer zones. From
wilderness designation to wetland banking, we need a truly national
strategy to stop the galloping destruction of our existing carbon
stocks that begins with the recognition that our forests are weapons in
the fight against global warming and should be protected.
______

Prepared Statement of The Wilderness Society and Washington Watershed
Restoration Initiative

The Wilderness Society and the Washington Watershed Restoration
Initiative strongly support funding for the Forest Service Legacy Roads
and Trails Remediation Program, for which we are requesting a $100
million appropriation in fiscal year 2010.
One of the most serious environmental and fiscal problems facing
the USDA Forest Service (USFS) is the deterioration of the vastly
overbuilt, 380,000-mile road system on the national forests. The USFS's
crumbling road system is causing serious damage to streams, fish
habitat, and water supplies and is making recreational access to trails
and campgrounds increasingly difficult for millions of Americans. The
agency is also facing a $10 billion backlog of road maintenance and
remediation needs that grows larger every year. As winter rain storms
and peak stream flows intensify due to global warming, the ecological
damage and financial costs of the USFS's road system are certain to
grow.
Fortunately, Congress decided to do something about the problem by
creating the Legacy Roads and Trails Remediation Program in the fiscal
year 2008 appropriations act. The Legacy Roads Program began with a $40
million appropriation to fix deteriorating USFS roads and trails. With
that initial funding, the USFS accomplished the following activities:
--1,533 miles of system roads maintained;
--180 miles of authorized roads decommissioned;
--351 miles of unauthorized roads decommissioned;
--6 bridges or major culverts decommissioned;
--631 miles of system roads improved;
--11 bridges or major culverts repaired or replaced; and
--22 miles of system trails improved.
Many national forests have greatly benefited from the Legacy Roads
funding, especially in the Pacific Northwest.
Congress recently boosted funding for the Legacy Roads Program to
$50 million in the fiscal year 2009 Omnibus Appropriations Act. In
addition, the American Recovery and Reinvestment Act (ARRA) included
$650 million for USFS road and trail maintenance and decommissioning
and other capital improvement projects. We have urged the USFS to spend
$100 million of that amount on trails and $280 million on
decommissioning unneeded forest roads and fixing needed roads. We are
also encouraged that the President's budget for fiscal year 2010
includes $50 million for Legacy Roads.
The Legacy Roads Program is an excellent way to stimulate
employment in rural communities, as well as improve fish and wildlife
habitat, recreational opportunities, and clean water for numerous
communities. Our preliminary analysis of total economic impacts in
Montana and Idaho indicates that each $1 million spent on road
decommissioning activities in those States generates about 22 jobs,
$500,000 in wages, and $250,000 in business income.
The Wilderness Society, the Washington Watershed Restoration
Initiative, and numerous other organizations across the Nation are very
pleased to see a steady and increasing flow of Federal funding for the
Legacy Roads Program. This funding stream provides an opportunity to
make serious headway on ``right-sizing'' the USFS's hugely overbuilt
380,000-mile road system. We believe that in fiscal year 2010 the USFS
should use Legacy Roads Program funds to (1) complete road analysis and
identify road remediation needs, (2) work collaboratively in
prioritized watersheds, and (3) focus on decommissioning unneeded
roads.

FISCAL YEAR 2010 RECOMMENDATIONS

Following are recommendations developed by The Wilderness Society
and the Washington Watershed Restoration Initiative, based largely on
our initial evaluation of the Legacy Roads Program's first year of
implementation.
Funding Level.--We recommend an appropriation of $100 million for
the Legacy Roads and Trails Remediation Program in fiscal year 2010. We
believe that expanding the program and sustaining it for several years
will allow the USFS to correct the most urgent problems and to develop
long-term plans for dealing with the rest of the road system. Increased
funding to right-size and improve the forest road system is essential
to combating the impacts of climate change and ensuring the survival of
salmon, steelhead, and many other species in the national forests.
Integration with ARRA.--We also recommend that you consider ways of
integrating fiscal year 2010 Legacy Roads funds with ARRA funds. The
ARRA is creating thousands of jobs in the private sector by providing
funds for the USFS to implement ``shovel-ready'' projects such as
forest road maintenance and decommissioning. However, the USFS is not
using ARRA funds to conduct the road analysis, NEPA planning, and
design work that are necessary to build a ``pipe-line'' of future
projects. Some funds for that essential staff planning work could come
from the Legacy Roads Program, especially in fiscal year 2010 and 2011
when ARRA funds are available for project implementation.
Roads Analysis.--As discussed previously, the USFS needs to get
serious about completing comprehensive roads analysis, including the
level 1 and 2 roads that have generally been overlooked and neglected
to date. Level 1 and 2 roads have not only been overlooked in planning
but also have been given short shrift in maintenance, leaving these
routes the most degraded and the most damaging to watersheds. We are
glad that the conference report for the fiscal year 2009 Omnibus
Appropriations Act included direction to the USFS to use existing
regulatory authorities to evaluate its entire transportation system and
identify unneeded roads. The 2001 roads policy provides all the
necessary authority and procedural guidelines to the USFS; what the
agency needs now is funding and continued direction from Congress and
the administration to implement it. Therefore, we recommend that the
fiscal year 2010 appropriations bill specify that Legacy Roads funds
can and should be used to complete roads analysis, including
identification of the minimum road system needed on each forest and a
list of priorities for road decommissioning.
Right-sizing vs. Downgrading the Road System.--Funding provided by
both the Legacy Roads Program and the ARRA should allow the USFS to re-
evaluate the entire road system in an effort to right-size it. In
recent years, rather than eliminating unneeded roads, the USFS's
strategy has been to ``shrink'' the system by downgrading the
maintenance level categories of the roads. For example, in the Pacific
Northwest, the USFS has cut in half the size of the road system that is
maintained for passenger cars during the past two decades, while total
road mileage has remained nearly constant at about 92,000 miles. This
cost-cutting approach completely fails to address the ecological
impacts of poorly maintained roads and will result in increased
mitigation costs over the long term as under-maintained level 1 and 2
roads are more likely to fail in the future. The USFS needs a new,
environmentally responsible strategy to restore forest watersheds and
create healthy, resilient ecosystems by reclaiming and storm-proofing
roads.
Stability.--Because it is so new, the USFS regarded the Legacy
Roads Program as a special add-on to its regularly funded programs.
Hopefully, that view will change if Legacy Roads funding is repeatedly
included in the President's budget and in congressional appropriations.
Agency managers need consistent, sustained funding in order to add the
necessary staff for the program to be efficiently implemented. We are
also interested in exploring other ways in which Congress can provide
greater stability to the program, such as the following:
--Amend the forest roads section of the highway bill to allow gas tax
funds to be used for USFS road remediation. The WWRI and a
national coalition with more than 100 supporters have requested
that a new ``Forest Roads Reclamation and Remediation Program''
be added to the bill and funded at $200 million annually.
--Enact the FLAME bill in order to end the disruptive and
destabilizing practice of ``fire-borrowing.''
--Enact new legislation that includes an authorization of
appropriations for road decommissioning.
Monitoring.--The Legacy Roads Program should include adequate funds
and direction to the USFS for environmental monitoring and reporting.
Monitoring and evaluation are crucial not only to identify where roads
are causing continued harm to aquatic resources but also to: (1)
document and guide the proper execution of projects; (2) evaluate
whether the intended environmental benefits actually are being
realized; (3) document economic benefits and job creation/maintenance
through Legacy Roads work; and (4) ensure that successful techniques
are used. Monitoring and evaluation reports are needed to provide
accountability for taxpayer investments, and the cost is low relative
to project work--roughly 2 percent of funding for road-related projects
should suffice. Funding should be equally divided between project
implementation monitoring by forest staff, and ecological and economic
effectiveness monitoring by the USFS research scientists. The agency
can also consider contracting with independent, third-party entities
like universities to implement monitoring programs.
Best Value Contracting.--Road remediation work is typically
performed by heavy equipment operators and other skilled contractors.
Ideally, the contractors should have extensive experience with this
type of work and possess the technical and practical know-how to handle
unforeseen problems as they arise. One way to help ensure good results
on the ground is to encourage the Forest Service to use ``best value''
contracting criteria, such as past performance and technical ability in
selecting Legacy Roads contractors, rather than automatically picking
the lowest bidder.
In conclusion, The Wilderness Society and the Washington Watershed
Restoration Initiative commend Congress for creating the Legacy Roads
and Trails Remediation Program. We strongly encourage you to continue
and expand the Legacy Roads Program in the USFS's fiscal year 2010
budget.
______

Prepared Statement of the USGS Coalition

SUMMARY

The USGS Coalition (Coalition) appreciates the opportunity to
testify in support of increased appropriations for the United States
Geological Survey (USGS) for fiscal year 2010. We continue to believe
that the USGS budget is substantially below the amount required to
ensure the long-term vitality of the agency. The USGS Coalition urges
Congress to increase the budget of the USGS to at least $1.3 billion in
fiscal year 2010.
The USGS Coalition is an alliance of more than 70 organizations
united by a commitment to the continued vitality of the unique
combination of biological, geographical, geological, and hydrological
programs of the USGS. The Coalition supports increased Federal
investment in USGS programs that underpin responsible natural resource
stewardship, improve resilience to natural and human-induced hazards,
and contribute to the long-term health, security, and prosperity of the
Nation.
The USGS plays a crucial role in protecting the public from natural
hazards such as floods and earthquakes, assessing water quality,
providing emergency responders with geospatial data to improve homeland
security, analyzing the strategic and economic implications of mineral
supply and demand, and providing the science needed to manage our
natural resources and combat invasive species that can threaten
agriculture and public health. The USGS is working in every State and
has nearly 400 offices across the country. To aid in its
interdisciplinary investigations, the USGS works with more than 2,000
Federal, State, local, tribal, and private organizations.

FUNDING SHORTFALL

The USGS budget declined in real dollars for 6 consecutive years
from fiscal year 2003 to fiscal year 2008 (see Figure 1). In real
terms, funding for the USGS is at its lowest level since fiscal year
1997, the year after the National Biological Service was integrated
into the USGS. The decline in funding for the USGS during this time
period would have been greater if Congress had not repeatedly restored
proposed budget cuts. In contrast, total Federal funding for research
and development has increased substantially in real terms since fiscal
year 1997.

The USGS is uniquely positioned to address many of the Nation's
greatest challenges, including energy independence, climate change,
water quality, conservation of biological diversity, and natural
hazards. The need for USGS science in these and other areas has
increased dramatically as its budget has declined in real dollars.
Ongoing volcanic activity at Alaska's Mount Redoubt, 106 miles
southwest of Anchorage, illustrates the value of robust volcano
monitoring systems and the need for increased Federal investments in
the USGS. Mount Redoubt volcano erupted on March 22, 2009 and explosive
events have sent volcanic ash more than 50,000 feet into the air.
Approximately 20,000 passengers per day travel through the airspace
affected by the volcano. The USGS provided advance warning of this
explosive volcanism. Interior Secretary Ken Salazar said the USGS was
``able to actually forecast this event to prevent the endangerment of
people and places that would otherwise have occurred.'' When Redoubt
volcano erupted in 1989, a Boeing 747 passenger plane flew through a
cloud of volcanic ash and lost power to all four engines. After
plummeting more than 14,000 feet, the crew restarted the engines and
safely landed the plane. The volcanic ash caused more than $80 million
in damage to the plane but no lives were lost.
Ongoing floods in North Dakota and surrounding areas led President
Obama to sign a Major Disaster Declaration for North Dakota on March
24, 2009 and a fourth amendment was issued on May 13, 2009. Flood
waters crested at 34 feet in Fargo and exceeded record levels in some
areas. Stream gage networks operated by the USGS are essential for
issuing flood warnings.
Natural hazards have negatively affected numerous communities
across the country and around the globe over the past several years.
Forest fires burned a total of 9,321,326 acres of land in the United
States in 2007. These fires are not limited to Western States. Virginia
experienced a 16 percent rise in wildfires. An earthquake generated a
tsunami that caused approximately 230,000 fatalities near the Indian
Ocean in 2004. These and other events have inspired a greater awareness
and appreciation of the need to improve environmental monitoring,
forecasting, and warning systems that can prevent natural hazards from
becoming natural disasters.
Providing the information necessary to mitigate the impacts of
natural disasters is a core function of the USGS. The USGS monitors
volcanoes and provides warnings about impending eruptions. It operates
seismic networks and conducts seismic hazard analyses that are used to
formulate earthquake probabilities and to establish building codes
across the Nation. Data from the USGS network of stream gages enables
the National Weather Service to issue flood warnings. The USGS and its
Federal partners monitor seasonal wildfires, provide maps of current
fire locations and the potential spread of fires. Research on ecosystem
structure and function assists forest and rangeland managers with
forecasting fire risk and managing natural systems following fires. The
USGS plays a pivotal role in reducing risks from floods, wildfires,
earthquakes, tsunamis, volcanic eruptions, landslides, and other
natural hazards that jeopardize human lives and cost billions of
dollars in damages every year.
USGS assessments of energy resources--including emerging energy
resources and geothermal resources--are essential for making informed
decisions about the Nation's energy future. Research conducted by the
USGS is also vital to understanding and predicting the impacts of
climate change on our Nation's coastal cities, water resources,
ecosystems, and wildlife. The USGS is also developing new methods to
assess the Nation's potential for storing carbon dioxide that could
lead to techniques for lessening the impacts of climate change.
Equally important, the USGS plays a critical role in bioinformatics
and managing natural resources, activities that are essential to our
economy, security, and environment. Baseline data about our Nation's
biology and how it is changing is needed to understand and address
climate change. The USGS provides fundamental scientific data that
informs management of natural resources (e.g., data for Fish and
Wildlife Service on polar bear populations), control of invasive
species (e.g., snakehead fish, zebra mussels, and tamarisk), and
monitoring of wildlife diseases (e.g., Highly Pathogenic Avian Flu,
Chronic Wasting Disease) that can cause billions of dollars in
agricultural losses.
USGS research that spans the biological, geological, geographical,
and hydrological sciences is essential for understanding potential
impacts that could result from global climate change or from land
management practices. These studies provide critical information for
resource managers as they develop adaptive management strategies for
restoration and long-term use of the Nation's natural resources.
Greater investment in the USGS is required. This investment could
be used to strengthen USGS partnerships, improve monitoring networks,
produce high-quality, digital, geospatial data and deliver the best
possible science to address societal problems and inform
decisionmakers.
USGS BUDGET REQUEST

President Obama's fiscal year 2010 budget request for the USGS is
$1.098 billion, an increase of $54 million, or 5.2 percent, more than
the level in the fiscal year 2009 Omnibus Appropriations Act. The USGS
budget request would provide increased funding for secretarial
initiatives in climate change ($22 million), energy ($3 million) and
youth conservation corps ($2 million). Budget increases are also
proposed for the national stream gage network ($5 million), arctic
ecosystem studies ($4 million), staffing for biology cooperative
research units ($2 million), extended continental shelf studies ($1
million), and sustainable energy development ($0.7 million). The budget
request would provide full funding for increases in ``fixed costs''
totaling $21 million. The proposed increases in the USGS budget deserve
the support of Congress.
The coalition urges Congress to increase the USGS budget to at
least $1.3 billion in fiscal year 2010, which is necessary for the
agency to continue providing critical information to the public and to
decisionmakers at all levels of government. The budget increase
recommended by the Coalition would enable the USGS to address the
growing backlog of science needs that has resulted from stagnant real
budgets for more than a decade, accelerate the timetable for deployment
of critical projects, and launch science initiatives that address new
challenges.
The fiscal year 2010 budget recommended by the USGS Coalition would
enable the USGS to meet the tremendous need for science in support of
public policy decisionmaking. More investment is needed to strengthen
USGS partnerships, improve monitoring networks, implement important
bioinformatics programs, produce high-quality digital geospatial data,
and deliver the best possible science to address societally important
problems. The USGS has a national mission that directly affects all
citizens through natural hazards monitoring, water resource studies,
biological and geological resource assessments, and other activities.
The USGS Coalition is grateful to the Senate Interior, Environment,
and Related Agencies Appropriations Subcommittee for its leadership in
restoring past budget cuts and strengthening the USGS . We are also
grateful to the subcommittee for its leadership in providing $140
million in stimulus funds for the USGS under the ARRA. Thank you for
your thoughtful consideration of our request.
______

Prepared Statement of the United Tribes Technical College

For 40 years, United Tribes Technical College (UTTC) has provided
postsecondary career and technical education, job training, and family
services to some of the most impoverished Indian students from
throughout the Nation. We are governed by the five tribes located
wholly or in part in North Dakota. We have consistently had excellent
results, placing Indian people in good jobs and reducing welfare rolls.
Bureau of Indian Education (BIE) funds constitute about half of our
operating budget and provide for our core instructional programs. These
funds are authorized under title V of the Tribally Controlled Colleges
and Universities Act. We do not have a tax base or State-appropriated
funds on which to rely.
We thank the House and Senate Interior Subcommittees and our
congressional delegation--Representative Pomeroy, Senator Dorgan and
Senator Conrad for their support, especially during the Bush
administration budget submissions which consistently tried to zero out
our BIE funding. We are very pleased that the Obama administration
intends to ask for BIE funding for UTTC.
The requests of the UTTC board for the fiscal year 2009 BIE/Bureau
of Indian Affairs (BIA) budget are:
--$5.5 million in BIE funds for UTTC, which is $1.5 million more than
the fiscal year 2009 level.
--$5 million toward the $10.9 million needed for a new math and
technology building on our south campus.
--$3.5 million toward the $36 million needed for a planned Northern
Plains Tribal Law Enforcement Resource and Training Center
located at UTTC.
--A requirement that the BIA/BIE place more emphasis on funding and
administrative support for job training and vocational/
technical education. The administration's fiscal year 2009
request for Job Placement and Training was $8,864,000 with an
additional $2,011,604 under TPA adult education for a total of
$10.9 million. We appreciate that Congress included funding in
the Recovery Act for BIA workforce training, although we don't
know at this time how the $40 million will be allocated between
workforce training and the Housing Improvement Program. In any
event, the fiscal year 2009 amount will be far less than the
fiscal year 1970 appropriation of $60 million for this program.
There is little BIA/BIE leadership or advocacy for job training
or vocational/technical education at the central or regional
office levels.
Law Enforcement Training.--We thank Congress for its support for us
obtaining a Memorandum of Understanding (MOU)with the BIA and the
American Indian Higher Education Consortium that would establish a
partnership so that we and other tribal colleges can better help fill
the need for trained law enforcement and correctional officials in
Indian country. This MOU was signed in May 2008. To that end, we are
working toward establishment of a Northern Plains Law Enforcement
Training Center located at UTTC which would provide basic and extended
training for law enforcement officers for tribes and the BIA. We have
identified a total budget of $36 million for construction of the
facility with all necessary training components, but at this time are
requesting $3.5 million for infrastructure and initial work.
The need for more law enforcement officers in Indian country is
staggering. The 2006 BIA gap analysis estimated that it would require
$560 million to hire, train and equip the more than 1,800 additional
BIA and tribal police officers needed to adequately police Indian
lands. The BIA criminal investigations program provides funding to hire
and training offices, but their fiscal year 2009 funding was only $163
million. This is an area in which UTTC, with its long history of an
accredited criminal justice program, could really make a positive
difference.
Math and Technology Building on new South Campus.--The bulk of our
current educational training and student housing is provided in 100-
year-old buildings, part of a former military base used by UTTC since
its founding in 1969 and donated to us by the United States in 1973.
They are expensive to maintain, do not meet modern construction and
electrical code requirements, are mostly not ADA compliant, and cannot
be retrofitted to be energy efficient.
As a result, UTTC has developed plans for serving more students in
new facilities that will provide training and services to meet future
needs. We are now developing land purchased with a donation that will
become our south campus. Infrastructure for one-fourth of the new
campus has been completed, and we have now obtained partial funds for a
new, and badly needed, science, math and technology building. We as
asking for $5 million of the $10.9 million still needed to complete
this building. We have already acquired $3 million toward the total
cost. Our vision for the south campus is to serve up to 5,000 students.
Funding for the project will come from Federal, State, tribal, and
private sources.
There are important things we would like you to know about our
college:
Our Students.--Our students are from Indian reservations from
throughout the Nation, with a significant portion of them being from
the Great Plains area. Our students have had to make a real effort to
attend college; they come from impoverished backgrounds or broken
families. They may be overcoming extremely difficult personal
circumstances as single parents. They often lack the resources, both
culturally and financially, to go to other mainstream institutions.
Through a variety of sources, including funds from the BIE, UTTC
provides a set of family and culturally based campus services,
including: an elementary school for the children of students, housing,
day care, a health clinic, a wellness center, several on-campus job
programs, student government, counseling, services relating to drug and
alcohol abuse and job placement programs.
UTTC Performance Indicators.--UTTC has:
--An 80 percent retention rate.
--A placement rate of 94 percent (job placement and going on to 4-
year institutions).
--A projected return on Federal investment of 20-to-1 (2005 study
comparing the projected earnings generated over a 28-year
period of UTTC associate of applied science and bachelor degree
graduates of June 2005 with the cost of educating them).
--The highest level of accreditation. The North Central Association
of Colleges and Schools has accredited UTTC again in 2001 for
the longest period of time allowable--10 years or until 2011--
and with no stipulations. We are also one of only two tribal
colleges accredited to offer accredited on-line (Internet-
based) associate degrees.
--More than 20 percent of graduates go on to 4-year or advanced
degree institutions.
We also note the January 13, 2009, report of the Department of
Education's Office of Vocational and Adult Education on its recent site
visit to UTTC (October 7-9, 2008). While some suggestions for
improvements were made, the Department commended UTTC in many areas--
for efforts to improve student retention; the breadth of course
offerings; collaboration with 4-year institutions; expansion of online
degree programs; unqualified opinions on both financial statements and
compliance in all major programs; clean audits; and use of the proposed
measurement definitions in establishing institutional performance
goals.
The demand for our services is growing and we are serving more
students. For the 2008-2009 year we enrolled 1,023 students (an
unduplicated count), nearly four times the number served just 6 years
ago. Most of our students are from the Great Plains, where the Indian
reservations have a jobless rate of 76 percent, along with increasing
populations. These statistics dramatically demonstrate the need for our
services at increased levels for at least the next 10 years.
In addition, we are serving 141 students during school year 2008-
2009 in our Theodore Jamerson Elementary school and 202 children, birth
to 5, are being served in our child development centers. We are proud
to report that this school has achieved adequate yearly progress
status.
UTTC Course Offerings and Partnerships With Other Educational
Institutions.--We offer accredited vocational/technical programs that
lead to 17 2-year degrees (Associate of Applied Science (AAS)) and 11
1-year certificates, as well as a 4-year degree in elementary education
in cooperation with Sinte Gleska University in South Dakota.
Licensed Practical Nursing.--This program has one of the highest
enrollments at UTTC and results in the greatest demand for our
graduates. Our students have the ability to transfer their UTTC credits
to the North Dakota higher educational system to pursue a 4-year
nursing degree.
Medical Transcription and Coding Certificate Program.--This program
provides training in transcribing medical records into properly coded
digital documents. It is offered through the college's Exact Med
Training Program and is supported by Department of Labor funds.
Tribal Environmental Science.--Our Tribal Environmental Science
program is supported by a National Science Foundation Tribal College
and Universities Program grant. This 5-year project allows students to
obtain a 2-year AAS degree in Tribal Environmental Science.
Community Health/Injury Prevention/Public Health.--Through our
Community Health/Injury Prevention Program we are addressing the injury
death rate among Indians, which is 2.8 times that of the U.S.
population, the leading cause of death among Native Americans ages 1-
44, and the third leading cause of death overall. This program has in
the past been supported by the Indian Health Service, and is the only
degree-granting injury prevention program in the Nation. Given the
overwhelming health needs of Native Americans, we continue to seek new
resources to increase training opportunities for public health
professionals.
Online Education.--Our online education courses provide increased
opportunities for education by providing Web-based courses to American
Indians at remote sites as well as to students on our campus. These
courses provide needed scheduling flexibility, especially for students
with young children. They allow students to access quality, tribally
focused education without leaving home or present employment. However,
we also note the lack of on-line opportunities for Native Americans in
both urban and rural settings, and encourage the Congress to devote
more resources in this area.
We offer online fully accredited degree programs in the areas of
Early Childhood Education, Community Health/Injury Prevention, Health
Information Technology, Nutrition and Food Service and Elementary
Education. More than 80 courses are currently offered online, including
those in the medical transcription and coding program. We presently
have 50 online students in various courses and 137 online students in
the medical transcription program.
Criminal Justice.--Our criminal justice program leads many students
to a career in law enforcement. Students are required to learn the
basics of law enforcement procedures, and we now have on campus a
career BIA law enforcement officer who is helping improve our program.
Computer Information Technology.--This program is at maximum
student capacity because of limitations on resources for computer
instruction. In order to keep up with student demand and the latest
technology, we need more classrooms, equipment and instructors. We
provide all of the Microsoft Systems certifications that translate into
higher income earning potential for graduates.
Nutrition and Food Services.--We help meet the challenge of
fighting diabetes and other health problems in Indian Country through
education and research. Indians and Alaska Natives have a
disproportionately high rate of type 2 diabetes, and have a diabetes
mortality rate that is 3 times higher than the U.S. population. The
increase in diabetes among Indians and Alaska Natives is most prevalent
among persons aged 25-34, with a 160 percent increase from 1990-2004.
Our research about native foods is helping us learn how to reduce the
high levels of diseases in our communities.
As a 1994 Tribal Land Grant institution, we offer a nutrition and
food services AAS degree in order to increase the number of Indians
with expertise in nutrition and dietetics. There are few Indian
professionals in the country with training in these areas. Our degree
places a strong emphasis on diabetes education, traditional food
preparation, and food safety. We have also established a Diabetes
Education Center that assists local tribal communities, our students
and staff to decrease the prevalence of diabetes by providing food
guides, educational programs, training and materials.
Business Management/Tribal Management.--Another critical program
for Indian country is business and tribal management. This program is
designed to help tribal leaders be more effective administrators and
entrepreneurs. As with all our programs, curriculum is constantly being
updated.
Job Training and Economic Development.--UTTC continues to provide
economic development opportunities for many tribes. We are a designated
Minority Business Development Center serving South and North Dakota. We
administer a Workforce Investment Act program and an internship program
with private employers in the region.
Our BIE and Perkins funds provide for nearly all of our core
postsecondary educational programs. Very little of the other funds we
receive be used for core career and technical educational programs;
they are competitive, often one-time supplemental funds which help us
provide the services our students need to be successful. We cannot
continue operating without BIE funds. Thank you for your consideration
of our requests.