STATE AGENCY LETTERHEAD
Date
Dear Congressman/woman (Senator) XX:
I am writing to request your assistance in exempting the Wildlife and Sport Fish Restoration and
the Boating Safety Trust Funds from the impending Budget Sequestration Act of 2011 (P.L. 112-155). It
is urgent that you take action now to protect our precious fish and wildlife resources, public safety and
75-year trust with the nation’s hunters, recreational shooters, anglers and boaters who are the primary
funders of conservation that benefits all Americans.
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.
According to data from the latest national survey, wildlife-related recreation was a $145-billion
dollar economic driver enjoyed by 90 million people—38% of the U.S. population age 16 and older—in
2011. Last year, 50 million Americans age six and older went boating, which equated to more than 700
million outings on our nation’s waterways. In addition, recent studies show that 15% of the U.S.
population, representing 34.4 million people, go target shooting annually. This level of outdoor activity
and Americans’ spending on taxable gear and trip-related expenses supports thousands of jobs in
industries and businesses connected to fishing, hunting, recreational shooting, boating and the
observance of wildlife, especially in rural communities.
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. Boating Safety is scheduled to withhold another $9
million. This is based on the “OMB Report Pursuant to the Sequestration Transparency Act of 2012 (P.L.
112-155).”
The financial impact of losing 7.6 percent of [STATE NAME]’s portion of the Trust Funds in 2013,
or [$X million], is certainly not insignificant to our programs, operations and constituents. However,
the greater violation is the breach in trust between sportsmen and women and industries who pay the
money and the federal government that could withhold the funds from states for their intended
purpose.
The Wildlife Restoration Trust Fund was created by the Pittman-Robertson Act in 1937, which
celebrates its 75th anniversary this year. The Dingell-Johnson Act of 1950 created the Sport Fish
Restoration Trust Fund. Both laws imposed an excise tax, at the request of users and industry, on
sporting equipment and ammunition with the proceeds to support wildlife and sport fish restoration,
open recreational access and provide hunter and boating safety education. In 1984, the Wallop-Breaux
Act established the Sport Fish Restoration & Boating Safety Trust Fund and created a comparable
funding system specifically to enhance the boating and fishing experience. The Boating Safety Trust
Fund is financed by taxes paid on motorboat fuel and fishing tackle along with other fees. As a result of
the three trust funds, in total, more than $14 billion dollars have been entrusted to state fish and
wildlife agencies.
Although our nation has gone through significant economic downturns since these laws were
passed, sportsmen and women have always been willing to pay a little extra for taxable items, knowing
that their purchases would directly support conservation along with hunting, fishing, recreational
shooting, boating and other wildlife-related activities. This user-pay, everyone-benefits model has, in
various forms, been successful for 75 years because of the stability of these Trust Funds and their
protection from diversion for any use other than what was originally intended.
Insert state specific example– or go to the third highlighted paragraph
In [STATE NAME], the Wildlife Restoration Program has funded more than $XX million worth of
projects and research, ranging from XXXX to XXXX. The Sport Fish Restoration program has funded
more than $XX million worth of projects and research including XXXX; XXXX; XXXX; and XXXX.
Combined, the Wildlife and Sport Fish Restoration Programs provide close to $XX million to the
[AGENCY NAME] annually, comprising approximately XX percent of our annual budget.
[STATE NAME] also receives $X million annually from the Boating Safety Fund to purchase
equipment and promote education and enforcement techniques to stimulate increased boating safety
awareness and decrease fatalities. More specifically, this critical funding also allows our department to
train conservation officers, conduct boating safety inspection, marine casualty investigations and
maintain the safety and quality of boating for the citizens of the Commonwealth and visitors alike.
The proposed cuts to Wildlife and Sport Fish Restoration and the Boating Safety Trust Funds, if
allowed to occur on January 2, 2013 could seriously impact [AGENCY NAME] and other states’ fish and
wildlife agencies whose programs are made possible through the dedicated support of hunters,
recreational shooters, anglers and boaters.
As a Member of [STATE’s] Congressional delegation, your support will be greatly appreciated
and invaluable to the sustainability of wildlife, sport fish and boating resources and recreation in our
state and across the country.
Please help to preserve the time-honored commitment of these funds and keep the trust
with America’s sportsmen and women by ensuring that the Wildlife and Sport Fish Restoration Trust
Funds as well as the Boating Safety Trust Funds are exempt from the Budget Sequestration Act of
2011 (P.L. 112-155).