The logjam broke for a number of natural resource-related bills during the last few weeks of the 113^th Congress. Legislation to increase the cost of the duck stamp passed, as did a defense authorization bill that included a number of public lands measures, and an omnibus appropriations bill that included a legislative rider on sage-grouse. One issue that failed at the finish line was a bill that included a permanent extension to conservation tax incentives. The flurry of activity resulted in a mixed bag of success for conservation. While many tout the overall benefits of the bills that were enacted, some are criticizing provisions that could have impacts on critical natural resource issues, reports the Wildlife Management Institute. All of the bills are expected to be signed into law.

Duck Stamp Act

On December 2, the U.S. Senate joined the House of Representatives and passed legislation to increase the cost of a federal Migratory Bird Hunting and Conservation Stamp (duck stamp) from $15 to $25. The bill also allows the Department of the Interior to "reduce the price of stamps for a hunting year if the increase in the stamp price results in a reduction of revenues deposited in the Migratory Bird Conservation Fund." The price of a duck stamp has remained the same since 1991, but the cost of conserving important habitat has increased significantly since that time. The president is expected to sign the bill this month.

"This is huge news for conservation and duck hunters," said Senator David Vitter of Louisiana, a lead sponsor of the bill in the Senate. "As we move forward to conserve millions of acres of waterfowl habitat, it's important to remember the mutually beneficial relationship between our nation's sportsmen and ducks. This legislation boosts conservation efforts, which in turn directly impacts the success of duck hunters in near and future hunting seasons."

The Federal Duck Stamp Act of 2014 (H.R. 5069) makes one key change to the use of revenues ? the bill requires that the additional $10 per stamp be used to acquire easements rather than direct acquisitions, the majority of which will likely be in the prairies. Another provision requires an annual report that assesses "the status of wetlands conservation projects for migratory bird conservation purposes, including an accounting of all expenditures made for acquisition of federal lands and an analysis of whether refuge lands are opened or closed for hunting and fishing." Finally, the bill exempts rural Alaskans from needing a stamp for subsistence hunting.

Public Lands Bills

Almost 100 public lands bills were attached to the National Defense Authorization Act (NDAA) that passed the Senate on December 12 and is expected to be signed by the president. It is the largest public lands package to be sent to the president since 2009. A variety of conservation organizations have supported many of the bills that designate nearly 250,000 acres of wilderness, limit mineral development on thousands of acres of public lands, protect important waterways and codify local conservation proposals that seek to balance resource protection. These include the Rocky Mountain Front Heritage and North Fork Watershed Protection Acts in Montana, the Hermosa Creek Watershed Protection Act in Colorado, the Pine Forest Range Recreation Enhancement Act in Nevada, and the Columbine-Hondo Wilderness Act for New Mexico. It also transfers management of the Valles Caldera Preserve to the National Park Service.

The bill includes several provisions that transfer some public lands to private interests. The Southeast Arizona Land Exchange and Conservation Act will transfer 2,400 acres of the Tonto National Forest to Resolution Copper in exchange for other lands. In addition, 70,000 acres of the Tongass National Forest will be transferred to Sealaska Corporation. Some groups claim that these provisions are public land giveaways, but others feel that there is a net benefit of the other land conservation provisions.

"The nearly 100 public lands bills in the National Defense Authorization Act are, taken in whole, beneficial to sportsmen's access and conserve hundreds of thousands of acres of valuable habitat for fish and game," said the president and CEO of the Theodore Roosevelt Conservation Partnership, Whit Fosburgh. "Many of these measures are the results of collaboration with local hunters and anglers. While not every bill was crafted as we would prefer, the overall package is a win for outdoor enthusiasts."

"As it has traditionally done, this year's annual national defense bill contains natural resources provisions that are the result of a bipartisan agreement. Of great importance to the House is the inclusion of long-standing priorities and House-passed bills that have languished in the Senate. The agreement offers a balanced approach to public lands management, providing opportunities for new job creation and energy and mineral production, while simultaneously protecting special areas," said House Natural Resources Committee Chairman Doc Hastings (WA-04) in a statement.

Omnibus Appropriations Bill

After significant debate, both the Senate and the House passed a bill, referred to as the CRomnibus, that combines 11 of 12 appropriations bills to fund the government through September 2015 and a continuing resolution for funding the Department of Homeland Security until February (due to controversy over immigration policy). In spite of significant last minute political pressure against the bill from both sides of the aisle, the overall bill had bipartisan support from Republican leadership and the White House and follows the spending agreement made by Senator Patty Murray and Rep. Paul Ryan (the respective leaders of the Senate and House Budget Committees) in December 2013. However, the bill also includes a number of policy riders, in particular one that stalls agency rule-making for sage-grouse.

Overall, the bill provides level funding for a number of conservation programs including the Land and Water Conservation Fund ($306 million), State and Tribal Wildlife Grants ($58.7 million), and the North American Wetland Conservation Fund ($34.1 million). The Cooperative Endangered Species Fund was allocated $50 million, the Neotropical Migratory Bird Conservation Fund received $3.66 million and Payment in Lieu of Taxes was funded at $372 million. The Department of Interior was allocated $10.66 billion, specific agency funding levels, and those of related agencies funded under the Interior and Environment Subcommittee include: Bureau of Land Management - $1.1 billion, a $14 million increase; Fish and Wildlife Service - $1.44 billion, a $12 million increase; National Park Service - $2.61 billion, a $55 million increase; U.S. Forest Service - $5.1 billion, including wildfire spending; and the U.S. Geological Survey - $1.045 billion, a $13 million increase.

Under the Department of Agriculture, the bill provides $859 million for the Natural Resources Conservation Service, a $33.5 million increase from FY2014. The bill language restricts funding for the Environmental Quality Incentives Program at $1.347 billion and caps acreage enrolled in the Conservation Stewardship Program at 7.74 million acres.

Perhaps one of the more controversial inclusions in the bill was language that restricts any funding to be used for rule-making or listing decisions on greater, Gunnison and Columbia sage-grouse. The committee report that was filed with the final bill states:

"The agreement includes a general provision in Title I of the bill, prohibiting for fiscal year 2015 any use of funds to write or issue a final rule to list the Gunnison sage-grouse or the bi-state Distinct Population Segment of greater sage-grouse, and any proposed rule to list the greater sage-grouse range-wide or in the Columbia Basin."

The U.S. Fish and Wildlife Service was expected to make a listing decision on greater sage-grouse by September 2015 due to a court ordered agreement that set a timeline for listing decisions. In addition, the agency decided in mid-November to list the Gunnison sage-grouse as threatened. Under the rider in the current omnibus appropriations bill, activities to finalize any decisions are likely to be stalled, though it is still unclear exactly how the Department of the Interior will interpret the language and affect their sage-grouse efforts.

Some fear that conservation efforts will not move forward without a potential listing decision on the horizon, but language in the bill designates $15 million in funding for the Bureau of Land Management to continue their collaborations with states to develop sage-grouse conservation plans. In addition, the committee report continued: "The Committees recognize the unprecedented collaboration regarding sage-grouse conservation. This provision is not intended to impede current conservation efforts; it is imperative that stakeholders continue on-the-ground conservation and monitoring activities. The Committees direct the Fish and Wildlife Service to include with its fiscal year 2016 budget submission an update on the status of all sage-grouse."

In spite of the rider, the state of Colorado moved forward with its intent to sue the agency for the decision to list the Gunnison sage-grouse. The state's attorney general filed notice on December 11 that it is preparing a lawsuit arguing the agency failed to use the best available science, did not consider all of the conservation efforts underway, or study the economic impacts of the designation. How all of these political maneuverings will ultimately impact the sage-grouse listing efforts will play out in coming months.

Conservation Tax Incentives fails

On December 11, the House failed to secure the two-thirds majority necessary to pass a package to permanently extend conservation tax incentives as well as other charitable giving. Though 275 members of the House voted for the Supporting America's Charities Act (H.R. 5806), the bill was being considered under suspension of rules, which requires a two-thirds majority to move forward. A one-year extension of the conservation tax incentive to cover conservation efforts in 2014 passed the House earlier in the year and is still expected to pass the Senate. However, since the previous incentive expired in 2013 and the extension only goes to the end of 2014, it will not impact conservation donations that are not already underway.

"We're extremely disappointed and saddened that this bipartisan legislation, which would have helped every community across America meet urgent needs now, fell short in the House," said Rand Wentworth, president of the Land Trust Alliance. "The good news is a majority of House members demonstrated today that they share our firm belief that land conservation is good for America and Americans." (jas)