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Federal Funds being held

In August 2011, Congress passed the Budget Control Act of 2011 aimed at cutting the federal deficit by $1.2 trillion over the next 10 years by mandating automatic caps on federal government spending. That bill requires that 7.6% of the nation’s Wildlife and Sport Fish Restoration Programs and Boating Safety Trust Fund—collectively called the Trust Funds—be “sequestered” or withheld from distribution to the states. Sequestration would equate to a loss of $74 million to states in FY2013!

The Trust Funds are the collection of excise taxes paid by industry to the federal government from the purchase of bows and arrows; guns and ammunition; fishing tackle and equipment; and motorboat fuel. They are the lifeblood of state fish and wildlife agencies’ day-to-day operating budgets. State agencies use their Trust Fund apportionments exclusively to restore and manage fisheries and wildlife and their habitats, open and maintain recreational access, and deliver hunter and boating safety education.

Ask Congress (US Senators and US Representative – not the same as NY state senators and NY state assembly) to ‘Keep the Trust’ and exempt the Trust Funds from Sequestration!

The Budget Control Act of 2011 requires that 7.6% of the nation's Wildlife and Sport Fish Restoration Programs and Boating Safety Trust Fund-collectively called the Trust Funds-be "sequestered" or withheld from distribution to the states. Sequestration would equate to a loss of $74 million to states in FY2013.

The Wildlife and Sport Fish Restoration and Boating Safety Trust Funds are not taxpayer dollars derived through federal income taxes. These funds are raised through excise taxes levied on bows and arrows; guns and ammunition; fishing tackle and equipment; and motorboat fuel that are paid upfront by manufacturers, producers and importers of taxable equipment, and in turn passed on as part of the retail price to sportsmen and women.

The Trust Funds are the lifeblood of state fish and wildlife agencies' day-to-day operating budgets. State agencies use their Trust Fund apportionments exclusively to restore and manage fisheries and wildlife and their habitats, open and maintain recreational access, and deliver hunter and boating safety education.

By withholding this money from the Wildlife and Sport Fish Restoration and Boating Safety Trust Funds, the Budget Control Act of 2011 will adversely affect states' ability to manage their fish and wildlife resources in the public interest and cut millions of dollars available for fish, wildlife and habitat conservation and hunting, angling, boating and recreational shooting activities in each state. Currently, there is no consistent substitute or replacement mechanism for the loss of these operating funds.

In previous budget-balancing actions, money going into the Trust Funds appear to have been exempt from sequestration [balanced Budget and Emergency Deficit Control Act (BBEDCA) of 1985. P.L. 99-177, Section 255, 11, (g)]. The 1985 Act specifically listed the programs and activities that were exempt from sequestration and specifically provided that "payments to trust funds from excise taxes or other receipts properly creditable to such trust funds" were to be "exempt from reduction." However, payments from such trust funds do not appear to be exempt. Because of this, the Federal Aid trust funds for Wildlife Restoration and Sport Fish Restoration are scheduled to withhold 7.6% or $31 million and $34 million, respectively, in 2013.

Members of the wildlife, sport fish, hunting, fishing, boating and conservation community and industry agree that sequestering the spending authority of these inviolable Trust Funds to states is a breach of faith and violates the intent of the user-pay, public-benefit system of fish and wildlife conservation and access.

Congress can exempt the Trust Funds from sequestration by amending the "Exemption" provision found in Section 255 of 1985 Gramm-Rudman-Hollings Act so as to include appropriations from such trust funds in addition to payments to such funds.

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