WILDLIFE RESTORATION WEDNESDAY, MAY 4, 1955 UNITED STATES SENATE, COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, SUBCOMMITTEE ON MERCHANT MARINE AND FISHERIES, Washington, D. C. The committee met at 10 a. m., in room 155, Senate Office Building, Senator James H. Duff presiding. Present: Senators Duff and Bible; Representative Metcalf. Also present: Frank Pellegrini, committee counsel; Wayne T. Geissinger, minority counsel; A. J. Bourbon, subcommittee staff member. Senator DUFF. Gentlemen, the three bills before us for discussion today go to the heart of the matter of State participation in wildlife. conservation and planning. A previous hearing on the 10th of March had some interesting testimony from witnesses representing sportsmen's groups. Today we will hear from Congressman Lee Metcalf, of Montana, who introduced legislation in the House in this field, and from representatives of the Fish and Wildlife Service, and from others interested from the standpoint of the States' and sportsmen's view. The bills to be discussed are S. 756, by Senator Bible, to provide a formula for distribution of $13 million-plus of unappropriated Pittman-Robertson funds; S. 757, by Senator Bible, to amend the Migratory Bird Hunting Stamp Act to provide for acquisition of more land and more water for refuges; S. 1172, by Senator Murray, to use the unappropriated funds for 1956 for wildlife restoration during the fiscal year beginning July 1, 1955, defining "wildlife restoration project", and for other purposes. And I would like to make a part of the record at this time reports and telegrams from the various departments and State groups indicating their attitude toward the proposals. DEPARTMENTAL REPORTS COVERING S. 756 AND S. 1172 DEPARTMENT OF THE INTERIOR, Μαν 4, 1955. Hon. WARREN G. MAGNUSON, Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington 25, D. C. MY DEAR SENATOR MAGNUSON: Your committee has requested a report on S. 756, a bill to provide that the United States shall aid the States in wildlife restoration projects, and for other purposes, and S. 1172, a bill to amend the Wildlife Restoration Act (16 U. S. C. secs. 669-6691) by providing that the amount of money currently in the Federal aid to wildlife restoration fund shall be available for use during the fiscal year beginning July 1, 1955, defining "wildlife restoration project," and for other purposes. We recommend the enactment of this proposed legislation in the form of S. 1172 for reasons hereafter stated in this report. There has been accumulated, but not expended, the sum of $13,467,468.61 in the Federal Aid to Wildlife Restoration Fund. This fund was established by the Wildlife Restoration Act of September 2, 1937, as amended (50. Stat. 917; 16 U. S. C. 669). This unexpended amount has been accumulated in the fund because of the fact that although the act authorized annual appropriations equal to the revenues obtained from the excise tax on firearms, shells, and cartridges, the annual appropriations by the Congress during fiscal years 1939 to 1947, inclusive, were less than the excise tax revenues that were placed in the fund. The bills to which this report relates, in addition to other features as hereafter stated, provide for the disposition of this unappropriated fund. In considering these measures, a brief discussion of the Wildlife Restoration Act of 1937, supra, may be helpful. That act inaugurated a program of Federal aid to wildlife restoration that included, as its primary objective, the acquisition and restoration by the States of areas adaptable as feeding, resting, and breeding places for wildlife. It provided also for research into the problems of wildlife management. That program has been highly successful and the Federal portion of the program has been financed through the appropriation each year of revenue accruing from the excise tax imposed on firearms, shells, and cartridges. Allocations of these appropriated funds are made pursuant to the act to the sev eral States on the basis of a prescribed formula which takes into account the area of the States and the number of paid hunting license holders in the States. To further insure the equitable distribution of funds, no State may be apportioned more than 5 percent nor less than one-half of 1 percent of the total apportioned to all of them. Wildlife restoration projects proposed by the States and falling within the authorizations contained in the act, however, must be financed, in part, by State funds. The States are required to bear 25 percent of the cost of such projects. The balance of the cost may be reimbursed to the States out of the Federal fund. S. 1172, which we recommend be enacted, would provide suitable disposition of the accumulated moneys in the wildlife restoration fund consistent with the fiscal procedures and the formula relating to distribution of funds, established by the 1937 act. In addition, it would establish a more workable budgetary procedure than is now permitted under the terms of the act, so far as the appropriation of State funds is concerned. Due to the fact that the amount of the revenues available for distribution to the States under the 1937 act is not known until several months after the end of each Federal fiscal year, the States now have a very inadequate period of time in which to obtain the appropriation of the matching 25 percent of State funds as prescribed by the act. S. 1172 would correct this system, as stated in section 2 thereof. by providing that the amount accruing to such fund during each fiscal year shall be available for use by the States under the provisions of the 1937 act during the second fiscal year following the fiscal year in which such amount accrued to the fund. This will permit the efficient use of the wildlife restoration funds by giving the States sufficient time to perform necessary advance planning of restoration projects and to obtain the appropriation of the necessary State funds, thereby permitting utilization of the full benefits of the Wildlife Restoration Act. It will correct an administrative and budgeting problem that has existed ever since the enactment of the Wildlife Restoration Act of 1937. The unexpended balance now in the fund approximately equals the amounts which have been available and appropriated each year during the past few years. Therefore, S. 1172 appropriately provides that the accumulated balance in the fund shall be made available for the use of the States in accordance with the apportionment formula set forth in the act for the fiscal year beginning July 1 1955. Such funds would be apportioned in lieu of any other amounts otherwise apportioned to the States pursuant to the act. An incidental but important feature of S. 1172 is the provision contained in section 1 thereof that would amend the Wildlife Restoration Act of 1937, supra so that program funds may be expended on activities involving “managemen exclusive of law enforcement and public relations." Such an amendment i urgently needed because the companion restoration program in the fisheries field made possible by the Federal Aid in Fish Restoration Act of August 9, 1950 (6) Stat. 430) authorizes the use of funds for "management" purposes. With thes programs being administered jointly and some of the resultant projects combin ing both fish and wildlife activities, complications are experienced in the adminis tration of the programs. S. 756 is contrary to the basic partnership formula governing Federal and cate expenditures pursuant to the Wildlife Restoration Act of 1937, supra, and e feel, therefore, that it should not receive favorable consideration. This bill ould make available to the several States, in the form of outright grants, over 5-year period, the sum that has been accumulated in the fund. The enactment such a proposal would affect adversely the normal operation under the 1937 -t, by overlapping and duplicating such operations. We are apprehensive, therefore, that the enactment of such legislation would ad to confusion. Federal administrative problems relating to the funds would further complicated and multiplied; some of the States probably could effecvely use all of the funds from both sources, others probably could not do so, and ere would be some disruption in the established State-sponsored wildlife res-ration programs. The Bureau of the Budget has advised that there is no objection to the subission of this report to your committee. Sincerely yours, FELIX E. WORMSER, Assistant Secretary of the Interior. DEPARTMENTAL REPORTS COVERING S. 757 Con. WARREN G. MAGNUSON, DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington 25, D. C., May 16, 1955. Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington 25, D. C. My DEAR SENnator MagnuSON: Your committee has requested a report on S. 57, a bill to amend the Migratory Bird Hunting Stamp Act of March 16, 1934 48 Stat. 451; 16 U. S. C. 718), as amended. This bill would direct (a) that not ess than 40 percent of all moneys received into the special fund known as the ligratory Bird Conservation Fund shall be available for acquisition of land and ater areas suitable for the breeding, nesting, and resting of migratory waterwl; (b) that not more than 45 percent shall be available for the location, ascerinment, acquisition, administration, maintenance, and development of suitable reas for inviolate migratory-bird sanctuaries; and (c) that the remainder shall e available for expenses in enforcing and executing the act. We recommend that this proposed legislation be not enacted. The Migratory Bird Hunting Stamp Act (16 U. S. C. 718) now provides that not ss than 85 percent of the funds obtained from the sale of migratory-bird unting stamps shall be available for the location, ascertainment, acquisition, dministration, maintenance, and development of suitable areas for inviolate miratory-bird sanctuaries. The act provides that the remainder, 15 percent, shall e available for expenses in enforcing and executing the act. As previously indicated, the effect of this proposed legislation would be to esablish a new formula governing the use of the major portion of the Migratory ird Conservation Fund. This new formula would require the use and expendiare of 40 percent of the fund solely for the purpose of acquiring land for waterwl purposes. This drastic revision in the established formula governing the isposition of the fund, in our opinion, would be inadvisable. This Department in hearty accord with the objective of acquiring more land for waterfowl refuge urposes. We feel, however, from our long experience in administering the fund, hat this proposed legislation, requiring the use for a single purpose of a fixed perentage of the funds derived from the sale of hunting stamps would be inadisable. Additional lands that are needed, in our opinion, should be acquired either rom general appropriations or from funds to be derived from an increase in the rice of the stamps. Funds now available for the several purposes of the act are ery inadequate, consequently, a redistribution of such limited funds as prescribed y this proposed legislation would jeopardize the operation and maintenance of xisting refuges. Enactment of this proposed legislation would destroy the essential flexibility 1 the present law governing the use of duck-stamp funds. The present flexibility hat is permitted in the use of duck-stamp funds under the present law has been argely responsible for the success of the waterfowl-refuge program to date. For xample, at the time of enactment of the law, there were ample emergency funds for the purchase of land and there existed an abundant supply of CCC, WPA, and other emergency relief labor. There also existed, however, a dire shortage of Federal funds for the purchase of supplies, equipment, and materials. Here, the duck-stamp moneys were used to great advantage for the purchase of fencing material, reinforced steel, cement, water-control structures, draglines, bulldozers, and other necessary items. These funds became the key to the use of emergency relief labor for the development of the growing thousands of acres of land then being purchased with other funds. During succeeding years, as WPA workers returned to private industry and as the CCC camps were disbanded, the duck-stamp funds and the regular annual appropriations became the sole source of support for the waterfowl refuge program. By 1939 all appropriated and emergency funds for the purchase of land were obligated. The Migratory Waterfowl Stamp receipts became the only funds available for land purchase and they also constituted a large portion of the moneys available for the development, operation, and maintenance of refuges previously acquired. Thus, in subsequent years, the land purchase program has by necessity resolved into one of purchasing key tracts, either in areas where new refuges are sorely needed, or to round out and complete refuges which had been partially acquired during the burst of activity in the early days of refuge expansion. Över the years, as new areas came under our administration, particularly under the authority of the so-called Coordination Act (60 Stat. 1080), this Department has endeavored to secure funds for the development, operation, and maintenance of the new projects. The requirements for economy have reduced direct appropriations, thereby necessitating the use of duck-stamp funds instead of regular appropriations. As a result, the present waterfowl program is being carried virtually in its entirety from duck-stamp revenues, refuge receipts, and reversions from unexpended Pittman-Robertson funds. Almost all of the regularly appropriated funds now available through annual appropriation acts for refuge purposes are needed for the maintenance and operation of big-game and upland-game areas for which duck-stamp funds cannot be used. In conclusion, it is our opinion that there exists a great need for the establishment of new waterfowl refuges and the acquisition of extensive acreage for waterfowl projects. While the United States now owns and administers through| this Department approximately 31⁄2 million acres of waterfowl areas, an additional 4 million acres would be required to meet current needs. In this connection, our experience has shown that the expansion of this program should proceed on an orderly basis; large acreages should be brought into Federal ownership for these purposes only when funds are provided also for the development and administration of such lands. The bills to which this report refers would require the expenditure of a very substantial portion of the duck-stamp funds for the single purpose of land acquisition, thereby resulting in lands being brought under the control of this Department that we would be unable to develop or administer for the purposes in question, unless, of course, adequate funds are to be provided for the development and management of such lands. Unless this could be accomplished, these additional lands would contribute little toward the conduct of an effective waterfowl refuge program. The Bureau of the Budget has advised that there is no objection to the submission of this report to your committee. DEAR SENATOR MAGNUSON: Reference is made to your letter of January 28, 1955 requesting the views of the Department on S. 757, to amend the Migratory Bir Hunting Stamp Act of March 16, 1934, as amended. The Department perceives no objection to the proposed legislation so far a its responsibilities are concerned. It appears that none of the provisions of th bill would interfere with fulfillment by the United States of its obligations unde the migratory bird conventions. Inasmuch as the bill relates to laws which are administered by the Department of the Interior it is believed that the proposed legislation would be of primary interest to that Department. The Department has been informed by the Bureau of the Budget that there is no objection to the submission of this report. Sincerely yours, Hon. WARREN G. MAGNUSON, THRUSTON B. MORTON, Assistant Secretary. TREASURY DEPARTMENT, Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington, D. C. MY DEAR MR. CHAIRMAN: Reference is made to your request for the views of the Treasury Department on S. 757, a bill to amend section 4 of the Migratory Bird Hunting Stamp Act of March 16, 1934, as amended (16 U. S. C. 718d). The proposed legislation would amend section 4 of the Migratory Bird Hunting Stamp Act of March 16, 1934, as amended, by adding a subsection which would make not less than 40 percent of the moneys received from the sale of such stamps available for the acquisition of land and water areas suitable for the breeding, nesting, and resting of migratory waterfowl to meet the obligation and responsibility for the protection of such birds provided for in the conventions with the United Kingdom of Great Britain and Ireland and with the United Mexican States. The amount available from the moneys received from the sale of such stamps for the location, ascertainment, acquisition, administration, maintenance, and development of suitable areas for inviolate migratory-bird sanctuaries and certain other purposes under existing provisions of the act would be reduced correspondingly from 85 percent to not more than 45 percent. The Treasury Department has no comments to make with respect to the merits of the bill. Very truly yours, DAVID W. KENDALL, DEPARTMENT OF JUSTICE, Hon. WARREN G. MAGNUSON, Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington, D. C. DEAR SENATOR: This is in response to your request for the views of the Department of Justice concerning the bill (S. 757), to amend the Migratory Bird Hunting Stamp Act of March 16, 1934 (48 Stat. 451; 16 U. S. C. 718), as amended. The bill has been examined, but since the subject matter thereof is not related to any of the activities of the Department of Justice, we would prefer not to offer any comment concerning it. Sincerely, Hon. WARREN G. MAGNUSON, WILLIAM P. ROGERS, Deputy Attorney General. COMPTROLLER GENERAL OF THE UNITED STATES, Chairman, Committee on Interstate and Foreign Commerce, United States Senate. DEAR MR. CHAIRMAN: Your letter of January 28, 1955, requests our comments upon S. 757, 84th Congress, which amends the Migratory Bird Hunting Stamp Act of March 16, 1934 (48 Stat. 451, 16 U. S. C. 718). Since the provisions of the bill would not affect the functions of the General Accounting Office and we have no special information bearing on the matter, we offer no objection to the measure or comments concerning its enactment. Sincerely yours, 64239-55 JOSEPH CAMPBELL, Comptroller General of the United States. |