November 2010 - Parks & Recreation - 45

after the spill
importance of having an 18-inch berm built to confine any oil
to the 30 feet nearest the waterline, rather than having it spread
over the entire width of the beach. Only waves from Hurricane
Alex in June succeeded in overtopping the berm and then only
in a few places. In addition, BP contractors laid down boom
around critical habitat areas, open channels, and storm drains.
With these preparations, Harrison County never had to close
its beaches, though advisories for beachgoers were posted.
The oil arrived on June 28 and was at its most heavy for
the next three weeks. Weaver watched the oil evolve from tar
patties to tar mats and finally to its current form of tar balls.
Removal of the oil and the waste associated with the cleanup
revealed an area of frustration for local officials-a lack of representation in the Unified Command structure. Two Unified

Command systems were set up, one for Louisiana alone and
one for Mississippi, Alabama, and Florida.
With so many federal and state agencies participating in
the multi-state command system, city and county governments found that they were not being adequately consulted
or informed about decisions. For example, the Unified Command recommended that waste from the cleanup be disposed
of in local landfills. With 1,200 tons of oily waste generated
in three Mississippi counties alone, county and state elected
leaders were chagrined that several other options, such as
recycling, were not considered. Although the decision was
eventually changed, Weaver says the controversy could have
been avoided if local authorities had been consulted earlier
in the process.

LWCF and the Oil Spill
Will the Deepwater Horizon
affect parks funding from the
Land and Water Conservation Fund?

Edward Grajeda/ istockphoto

he 2011 fiscal year began
October 1, and prior to recessing
for the elections, Congress was unable to pass any of the 12 appropriation bills that fund government agencies
and their programs. As a result, Congress
passed a continuing resolution extending
funding for the agencies at the FY10 level through December 3, 2010. When Congress returns in November for the " lame
duck " session, it must turn its attention to
the FY11 appropriations bills. Due to partisan politics, it is unlikely that these bills
will be passed as stand-alone measures.
We will most likely see an omnibus bill
that combines all remaining appropriations
measures into one large package or a continuing resolution that would extend FY10
level spending through June 30, 2011. Under a continuing resolution, LWCF Stateside
would be funded at $40 million for FY11.
Funding levels for LWCF Stateside are uncertain under an omnibus bill. The House

Interior Appropriations Subcommittee provided $55 million to the Stateside program
with a mandate that $5 million be used for
discretionary funding for state and local
projects by the Department of Interior. The
Senate has not addressed Interior appropriations. Comparatively, the House Subcommittee provided $106 million increase
to the federal land acquisition program.
The Senate recessed for the elections
without taking up pending energy legislation (S. 3663), which includes full funding
for the Land and Water Conservation Fund
but does not provide a provision specifying that 40 percent of LWCF funds must
go to the Stateside program. While Majority Leader Reid attempted to move the
measure in late September, he was unable
to garner the necessary votes to pass the
bill. The energy bill has become a controversial, and key offices in the Senate are
skeptical that the bill will be taken up in the
lame duck session following the elections,

www.NRPA .ORG

as there just doesn't seem to be enough
time to garner the necessary votes.
Congress is scheduled to return November 15th but will recess the following week
for Thanksgiving, and the current Congressional calendar shows a target adjournment in early December. If an energy bill
is taken up in the lame duck session, there
is no guarantee that the LWCF full funding provision will remain intact as it has
come under attack by many land rights
groups who do not want to see the federal side funding increased, while other groups and Senators are advocating
for revenue sharing that would increase
the percentage of LWCF funds provided
to coastal states. NRPA is continuing to
search for other opportunities that could
provide a means of securing statutory language for minimum Stateside funding.
-Stacey Pine, NRPA Chief
of Government Affairs

No v e m b e r 2 0 1 0

Parks & Recreation 43

November 2010 - Parks & Recreation

Table of Contents for the Digital Edition of November 2010 - Parks & Recreation