With work on stimulus and appropriations funding bills completed, members of Congress are turning their attention to conservation initiatives as a series of new bills were introduced early this month. These bills, impacting duck stamps, mining law and open space conservation, are the most recent packages brought forward in a Congress that appears to be prioritizing environment and conservation-related legislation. Each bill will face the long legislative process, which means they are a long way from being enacted, reports the Wildlife Management Institute, but simply having the bills introduced in Congress is an important first step.

Duck stamp price increase
On April 2, Congressman John Dingell (MI) and Robert Wittman (VA) introduced the Migratory Bird Habitat Investment and Enhancement Act (H.R. 1916), a bill that calls for an increase in the cost of the Migratory Bird Hunting and Conservation Stamps (Duck Stamps) from $15 to $25 through 2016 and $35 after that. Ninety-eight cents out of every dollar spent on duck stamps go toward purchasing or leasing important waterfowl habitat. The program has generated more than $700 million since it began in 1934, and has protected more than 5.2 million acres of habitat. The price of duck stamps has not changed since 1991. The bill's advocates claim the price has not kept pace with the skyrocketing cost of land. They contend that a price increase is essential to ensure the U.S. Fish and Wildlife Service, the agency that administers the program, will be able to continue to protect key habitat in areas where land prices have escalated.

In addition to the price increase, the bill would allow duck stamps to be distributed beyond the U.S. Postal Service. Currently, individuals who want to purchase a duck stamp must go to their local post office. The new bill authorizes the Secretary of the Interior to designate alternate distributers, opening the potential for hunting license providers and other outlets to sell the stamps as well.

The legislation was referred to the House Committee on Natural Resources for consideration. Legislation to increase the price of duck stamps was introduced in both the 110th and 109th Congresses as well, with a hearing held in 2006, but none of the bills has ever been voted on to move out of committee.

Land Conservation Tax Incentives
Legislation to make existing tax incentives for land conservation permanent was introduced in the House on March 31 and in the Senate on April 2. The Conservation Easement Incentive Act of 2009 (H.R. 1831), sponsored by Congressman Mike Thompson (CA) and House Republican Whip Eric Cantor (VA), has very strong bipartisan support with 93 members of the House signing on as original cosponsors. The Senate companion bill, the Rural Heritage Conservation Extension Act of 2009 (S. 812), was introduced by Senators Max Baucus (MT) and Chuck Grassley (IA).

The bills aim to make permanent a conservation tax deduction that was first enacted in 2006 and was extended and increased in the 2008 Farm Bill. The current incentive allows landowners who donate their land for a conservation easement to deduct up to 50 percent of their income for 15 years. Qualifying farmers and ranchers?those who earn more than 50 percent of their gross income from the "trade or business of farming"?could deduct up to 100 percent of their income. This incentive helped land trusts conserve 535,000 acres more in 2006 and 2007 than in the previous two years, but it is set to expire at the end of 2009.

Conservation easements?legal agreements between a landowner and a land trust or government agency?limit the use of land in perpetuity to ensure it retains its conservation value. Easements have been successful at protecting open space and keeping working landscapes, such as farms and ranches, in business. The conservation tax incentives have very strong support from a diverse group of interests in the conservation community. The Land Trust Alliance developed the Conservation Tax Incentive Coalition, comprised of more than 60 organizations including land conservation, sportsmen's, and environmental groups.

Both bills were referred to the House Ways and Means Committee and the Senate Finance Committee, which oversee tax related matters. Both Congressmen Thompson and Cantor are relatively senior members of the House Ways and Means Committee and 13 of the bill's original cosponsors also are members of the committee. In the Senate, bill sponsors Baucus and Grassley are the Chairman and Ranking Member, respectively, of the Finance Committee.

Mining Law Reform
Both the House and the Senate will consider reforming hardrock mining law this Congress. On April 2, Senate Energy and Natural Resources Committee Chairman Jeff Bingaman (NM) introduced the Hardrock Mining and Reclamation Act of 2009 (S. 796). The bill follows the introduction of H.R. 699 on January 27 by House Natural Resources Committee Chairman, Nick Rahall (WV). The House bill is identical to legislation that passed the House by a vote of 244-166 in the last Congress. However, the two chambers' bills are different, and the Senate version builds on discussions that began last year (see article in the ONB's February 2008 issue).

?The bills aim to reform the General Mining Law of 1872, one of the oldest land-management authorities still in place, by adjusting royalty rates, addressing mine reclamation and eliminating patenting of public lands. The original law was designed to help dispose of federal public lands and encourage westward expansion by allowing individuals to claim public lands for private mineral extraction without paying the public for the use of the land or for the value of the minerals extracted. However, with only limited modification, the 1872 law has allowed private mining companies to purchase federal lands for just $2.50 to $5 per acre. In addition, abandoned mines throughout the country have been left untouched, some leaching toxic chemicals and affecting the surrounding environment, without resources from royalties or reclamation fees to clean up the sites.

Both bills would establish royalty payments for mineral extraction, though they differ on amount and implementation. The House bill would impose an 8 percent royalty fee for any new mines and a 4 percent fee on mines already permitted. The royalty rate in the Senate bill ranges from 2 percent to 5 percent based on the mineral concerned, and no royalty would be collected on existing mines. The bills also establish programs to address mine reclamation. In the Senate bill, operators of hardrock mines on public lands would be required to play a reclamation fee of not less than 0.3 percent and not more than 1 percent of the value of the mineral production for deposit in a Hardrock Minerals Reclamation Fund. These funds would be used for reclamation and collaborative restoration projects to improve fish and wildlife habitat affected by past hardrock mining.

?The bills provide broad reform for hardrock mining law. However, many reform attempts have been unsuccessful in the past. Advocates believe that this Congress presents an opportunity to make the changes. Hearings for the mining bill are expected this summer in the Senate, but action is not expected in the Senate until after the Energy Committee completes work on new energy legislation. The House Subcommittee on Energy and Mineral Resources held a legislative hearing on H.R. 699 on February 26. (jas)