Advocacy initiatives announced: upcoming legislative forum full of objectives

Parks & Recreation, Feb, 2005

By NRPA Public Policy Staff

NRPA's 2005 National Legislative Forum on Parks and Recreation creates opportunities for recreation and park advocates to meet with their legislators, and also become informed on pertinent park and recreation issues. It is also the place where NRPA lists its 2005 advocacy agenda. Below are some of the issues that will be highlighted during the three-day conference, which begins Feb. 16 in Washington, D.C.

Transportation Equity Act

There is still no clear sign that agreement has been reached on this multiyear reauthorization of the nation's surface transportation program. When the 108th Congress adjourned in early December, both the House and the Senate were gridlocked with the administration and each other on the overall cost of the bill. The Senate bill would authorize $311 billion to $318 billion, while the House insisted on a $299 billion to $301 billion range. White House officials, at least publicly, appeared unwilling to authorize more than $256 billion.

Not much in this dynamic has changed, but reports of higher-than-expected gas tax revenue, and thus more funds available from the Transportation Trust Fund, may encourage the administration to agree to somewhat higher spending. However, unless the president agrees to an amount that looks more like the House and Senate, it is unlikely that the difficult 'donor-donee' issue (states that pay more into the fund with gas taxes than they get back as donors) can be resolved.

Park and recreation advocates have much at stake, with hundreds of millions of dollars for alternate forms of transportation (e.g. bike and pedestrian ways and recreation trails) on the line. The most recent extension of temporary reauthorization of transportation spending expires May 31.

The Senate's attempt to alter a critical piece of existing law, Section 4(f) of the transportation act, puts the provision at high risk. The administration also wants to soften requirements for an objective review of projects. Tested originally in the U.S. Supreme Court in Citizens to Preserve Overton Park v. Volpe, current law offers legal protection for public park and recreation sites, among others, against encroachment by federally aided transportation projects. Rep. James L. Oberstar (D-Minn.), widely acknowledged as the most knowledgeable legislator on the transportation act, is the lead opponent to any actions to lessen 4(f) protection.

Fiscal Year 2005 and 2006

The 108th Congress in late November agreed to H.R. 4814, the FY 2005 omnibus spending bill, appropriating funds for several federal agencies including Department of the Interior and Department of Health and Human Services. The president signed the bill on Dec. 8, 2004. The bill included $90 million for state grants from the Land and Water Conservation Fund (LWCF), but nothing for the Urban Park and Recreation Recovery program (UPARR). NRPA has pushed for early release of LWCF funds to the states.

Prior to the vote, House-Senate conferees had modestly boosted the National Park Service (NPS)'s rivers and trails conservation partnership program over the president's request. Historic preservation funds available to the states and their local governments totaled $36 million. Forest Legacy, which received $57.9 million, and state and tribal wildlife grants, which received $68 million, have also been approved. In recent years, the administration has proposed, and Congress has agreed, that the latter two programs should be funded by the LWCF.

NRPA has consistently advocated substantially higher numbers for LWCF grants, urban parks and other programs that aid public park and recreation systems. As a practical matter NRPA has told key congressional staff that FY 2006 grant funds should reach at least $100 million with $150 million to $200 million distributed for top priority local and state projects.

Even present-level funds result in important gains. The $91.3 million appropriated from the LWCF last year, and some modest FY 2002 and 2003 carry-over, resulted in 607 state and local grants (some including multiple parks); creation of 87 new park and recreation areas; acquisition of 14,610 acres; and 40,881 acres permanently protected through the Section 6(f) provision of the LWCF act. (Permanent protection occurs when an existing non-LWCF park is expanded or developed with grant funds.) For details on state and local investments, NPS recently released, "FY 2004 LWCF Annual Report."

LWCF embodies two key objectives: a healthier population from investment in public recreation and park facilities, and a portion of revenue that should be re-invested in public parkland from the depletion of public offshore oil and gas reserves.

Permanent Funds for Land Conservation, Park Development

Key legislators are again expected to introduce bills to provide an annual permanent base of funds for parks and recreation. Legislation proposed last year by U.S. senators Mary Landrieu (D-La.) and Lamar Alexander (R-Tenn.) to create an annual trust of $450 million for LWCF state assistance, and $125 million for the UPARR program, is expected to be re-introduced. A parallel House bill would permanently fund the entire LWCF program at $900 million a year. The money would be split between federal and statewide projects.