The Payments In Lieu of Taxes (PILT) Program is very much up in the air for FY96. Congress and the president have yet to agree on the FY96 Interior and Related Agencies appropriations bill, and the current continuing resolution is only in effect until March 15. The PILT payout will not occur until Sept. 30.
Congress took action to fund the PILT Program at levels similar to those in past years, unfortunately, the president vetoed the bill over other matters. We are working with the appropriations staff and others to at least maintain level funding for FY96 (when the rest of the accounts in the bill take an average 13 percent reduction), and get the authorized increases for FY97.
In 1995, NACo was successful in securing a new authorization for the program (P.L. 103-379), which essentially increased the authorized ceiling for PILT payments from $105 million to approximately $232 million over a five-year phase-in period, by changing the formula and population ceilings.
NACo supports full funding of the PILT Program to the authorized levels for each of the phase-in years of P.L. 103-379 and beyond. We are asking for $150 million for FY97.
The PILT Program was conceived in 1976, and the authorized funding level had not changed since that time. These funds are used to offset costs incurred by counties for services provided to federal employees and families, and to the users of the public lands. These are things like education, solid waste disposal, law enforcement, search and rescue, health care, environmental compliance, fire fighting, parks and recreation, and other important uses.
PILT funds do not fully compensate counties for their costs, and full funding each year would still leave counties with a shortfall. This is considered a major “underfunded mandate” and it is extremely important to the 1,789 public land counties in 49 states that rely upon the PILT Program to provide some equity for the services they provide.
As of this date, there is only one bill that makes an attempt to address county concerns regarding the reauthorization of the Endangered Species Act, and that is Senator Dirk Kempthorne’s (R-Idaho) S. 1364. While this legislation is still early in its legislative life, it does recognize the important roles counties can play in this arena.
Through NACo, America’s counties have expressed their agenda as it relates to this reauthorization. It includes:
1. a recognition that if it is in the national interest to protect species, then it must be a national priority to attempt to forestall listing by aggressively providing for prelisting incentives to affected governments and private property owners to avoid the negative effects of the act by entering into conservation agreements with the U.S. Secretary of the Interior
2. a desire for greater involvement by local governments in planning and management decisions affecting the listing process
3. a call for significant improvement in the scientific review process by including verifiable peer review by a qualified agency other than the U.S. Fish and Wildlife Service or the U.S. Biological Service
4. a full study on the impact a listing would have on the economic, social and cultural aspects of human activity, the results of which are taken into account in all decisions made pursuant to the act
5. a full partnership for the affected state, its local governments and affected private property owners in the post-listing consultation and decision-making process, including critical habitat, habitat conservation plans and full-scale recovery plans and
6. adequate protection of private and public property rights:
Prior to a listing, no action shall be taken to restrict or interfere with the use of private or public property without consultation with the affected landowner. Every effort should be made by the Secretary and the affected landowner to establish voluntary agreements for species conservation and habitat protection.
Following a listing, no action shall be taken to diminish the use of property until full consultation has taken place with affected landowners and full compensation is agreed upon between the landowner and the Secretary. If the Secretary refuses to act or limits the compensation to below fair market value, the affected landowner is granted status to pursue due process in the appropriate Federal District Court.
These concepts provide the basis for our support of a reauthorization of this important species protection measure, and we believe counties can be significant participants in species conservation if given the opportunity.
This legislation is still in the subcommittee, and Subcommittee Chairman Kempthorne has told NACo that he will redraft the measure to make improvements suggested by NACo and others. It appears any final action on this measure this year is unlikely.
(Prepared by Jeff Arnold, associate legislative director.)
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