FEDERAL ISSUE: Proposed Designation of the Chumash Heritage National Marine Sanctuary
BACKGROUND: NOAA's Office of National Marine Sanctuaries (NMS) serves as the trustee for a network of underwater parks encompassing more than 620,000 square miles of marine and Great Lakes waters from Washington state to the Florida Keys, and from Lake Huron to American Samoa. The network includes a system of 15 national marine sanctuaries and Papahānaumokuākea and Rose Atoll marine national monuments. Through the National Marine Sanctuaries Act, NOAA can identify, designate, and protect areas of the marine and Great Lakes environment that have special national significance. In California, the Monterey Bay and Channel Islands NMS are geographically close to the Central Coast region.
Proposed Chumash Heritage National Marine Sanctuary
NOAA’s proposed sanctuary designation is based on the nomination submitted by the Northern Chumash Tribal Council in July 2015.
The boundary of the Agency-Preferred Alternative for the proposed sanctuary would stretch along 134 miles of coastline from Montaña de Oro State Park in San Luis Obispo County to Naples, California, along the Gaviota Coast in Santa Barbara County and would encompass 5,617 square miles. The preferred boundary differs from the initial proposed boundary in two important ways. First, it includes a nearshore stretch of coastal waters along the Gaviota coast to include all of Gaviota State Park, as well as other high visitation state parks at Refugio and El Capitan; all of Kashtayit and Naples State marine conservation areas; and coastal and offshore resources adjacent to historical Chumash village sites at Tajiguas and Dos Pueblos.
Second, the preferred boundary excludes a wide area that could serve as a corridor for the industrial development associated with offshore wind energy production (specifically subsea electrical transmission cables and substations from the Morro Bay Wind Energy Area to shore), given that certain concentrations of this infrastructure may not be compatible with a national marine sanctuary depending on the number of cables and disturbance that could occur.
Most recently, NOAA released draft designation documents and provided a public comment period.
NOAA anticipates reviewing public comments, producing final designation documents, and designating the sanctuary in 2024. NOAA received over 3,400 comments during its most recent public comment period.
The City commented in January 2022 and in October 2023 indicating support for preserving the environment and ecology of the community, including the ocean, but also sharing concern that a new National Marine Sanctuary off the coast could lead to unintended regulatory consequences. With that in mind, the City commented in opposition to the creation of the NMS unless the proposal is modified to address ongoing concerns.
12.D-11Council Agenda 12-5-2023
Attachment 1.B
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Map of the Agency-Preferred Alternative boundary Proposed Chumash Heritage National Marine Sanctuary
POSITION: Oppose the proposed designation of the Chumash Heritage National Marine Sanctuary.
12.D-12Council Agenda 12-5-2023
Attachment 1.B
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FEDERAL ISSUE: Land and Water Conservation Fund; Open Space Opportunities & Park Amenities BACKGROUND: The Land and Water Conservation Fund Act of 1965 was enacted to help preserve, develop, and assure access to outdoor recreation facilities for our nation. The law created the Land and Water Conservation Fund (LWCF) in the U.S. Treasury as a funding source to implement outdoor recreation goals.
The LWCF has been the principal source of monies for land acquisition for outdoor recreation by four federal agencies—the National Park Service, Bureau of Land Management, Fish and Wildlife Service, and Forest Service. The LWCF also funds a matching grant program via the National Park Service to assist states (and local governments as sub-recipients) in acquiring recreational lands and developing outdoor recreational facilities. A portion of the appropriation is divided equally among the states, with the remainder apportioned based on need, as determined by the Secretary of the Interior. The states award their grant money through a competitive selection process based on statewide recreation plans, as well as establish their own priorities and criteria. This state program could offer opportunities for the City of Pismo Beach to either purchase open space opportunities or for additional public park amenities.
The LWCF is authorized at $900 million annually. The Great American Outdoors Act, which became law in 2020, mandates that the LWCF will receive its authorized funding with 40 percent, or $360 million, allocated annually to the state grant program. Given relatively recent funding of between $100 and $125 million to the program from Congress for the past several years, this is basically a tripling of the funding and should increase the monies available to California from about $11 million to at least $33 million, thereby increasing the City’s future opportunities.
Apart from mandatory funding for the LWCF, the Great American Outdoors Act also creates a National Parks and Public Land Legacy Restoration Fund that will be funded by up to $1.9 billion per year for the next five years to help restore maintenance backlogs on National Park Service and other federal lands.
POSITION: Support the state conservation grant program of the Land and Water Conservation Fund, which would provide opportunities for the City of Pismo Beach for acquisition or land preservation improvement opportunities.
12.D-13Council Agenda 12-5-2023
Attachment 1.B
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FEDERAL ISSUE: Endangered Species Act Issues; Designation of Critical Habitat for the Monarch Butterfly
BACKGROUND: The City of Pismo Beach is well-known as a home to a large, seasonal monarch butterfly population from November through February. In 2014, the U.S. Fish and Wildlife Service (USFWS) received a petition to list the monarch butterfly as an endangered species, in part due to concerns over the increased use of corn-tolerant Roundup in the Midwest. Roundup kills milkweed, which is a primary food source for the butterflies. However, there is also concern for western monarch butterflies primarily due to development pressures in coastal California and the loss of suitable habitat. In response to a petition, USFWS solicited public comments in January 2015 on whether the monarch butterfly should be listed as an endangered species.
In late 2020, the USFWS found that adding the monarch butterfly to the list of threatened and endangered species is warranted but precluded by work on higher-priority listing actions. With this finding, the monarch butterfly becomes a candidate for listing; its status will be reviewed each year until USFWS is able to begin developing a proposal to list the monarch.
If protections are deemed warranted in the future, USFWS would ultimately propose critical habitat for the butterfly, which could impact the City, region, and coastal California as a whole. Critical habitat is a specific geographic area(s) that contains features essential for the conservation of a threatened or endangered species and that may require special management and protection. Critical habitat may include an area that is not currently occupied by the species but that will be needed for its recovery. Federal agencies are required to consult with the USFWS on actions they carry out, fund, or authorize to ensure that their actions will not destroy or adversely modify critical habitat. According to the USFWS, a critical habitat designation generally has no effect on situations that do not involve a federal agency—for example, a private landowner undertaking a project that involves no federal funding or permit.
Thankfully, an unofficial count of the butterfly population in 2022 shows there are nearly 300,000 monarchs at western overwintering sites, much higher than the official count of only about 2,000 two years before. While this remains down from the millions of Western monarch butterflies that are thought to have existed in the past, it remains a positive sign.
Meanwhile, the International Union for Conservation of Nature (IUCN) has decided North America’s monarch butterfly is not “endangered.” Instead, the insect is only “vulnerable” to extinction, the group said last week—adding that it could lower the alarm still further, changing the listing to “near threatened” if an upcoming census suggests the population is stable or growing. Forecasting future monarch populations is difficult, meaning that interested parties need to keep a close watch on their populations well into the future.
POSITION: Monitor the classification of the monarch butterfly as an endangered species and the subsequent designation of critical habitat for the species.
12.D-14Council Agenda 12-5-2023
Attachment 1.B
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FEDERAL ISSUE: Grant Funding for Fire and Emergency Services
BACKGROUND: The Federal Emergency Management Agency (FEMA) routinely makes funds available to local governments via competitive grant solicitations. The two primary FEMA programs that provide financial support for local fire rescue and emergency services are the Staffing for Adequate Fire & Emergency Response Grants (SAFER) and the Assistance to Firefighters Grants (AFG). The City of Pismo Beach may compete for these types of funds.
The primary goal of the AFG program is to meet the firefighting and emergency response needs of fire departments and nonaffiliated emergency medical service organizations by helping them to obtain critically needed equipment, protective gear, emergency vehicles, training, and other resources required to protect the public and emergency personnel from fire related hazards.
Meanwhile, the SAFER program was created to provide funding directly to fire departments and volunteer firefighter interest organizations to help them increase or maintain the number of trained, “front line” firefighters available to their communities. The goal of SAFER is to enhance the local fire departments’ abilities to comply with staffing, response, and operational standards established by the National Fire Protection Association (NFPA).
Recently, these fire safety programs have been funded with relatively healthy amounts by Congress; such funding is expected to continue into the foreseeable future.
POSITION: Support continued funding for FEMA’s Assistance to Firefighters Grants and Staffing for Adequate Fire and Emergency Response Grants. Support any City of Pismo Beach applications for these funds.
12.D-15Council Agenda 12-5-2023
Attachment 1.B
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FEDERAL ISSUE: Community Development Block Grant Program BACKGROUND: The Community Development Block Grant (CDBG) program is a flexible program that provides communities with federal funding to address a wide range of unique community development needs. The CDBG program provides annual grants on a formula basis to participating jurisdictions, including San Luis Obispo County, from which the City receives a sub-allocation.
The City of Pismo Beach must use CDBG funding to target those in the community that are most economically vulnerable. In previous years, the City received sub-allocations from San Luis Obispo County and awarded those funds to the Community Action Partnership of San Luis Obispo County (CAPSLO). This CDBG funding enabled CAPSLO to provide a variety of home repairs for lower income families, seniors, and disabled individuals in Pismo Beach, reviving a City partnership with CAPSLO to address affordable housing.
Congress provided the CDBG program with $3.3 billion in FY 2023. This resulted in an allocation to San Luis Obispo County of just over $1.7 million.
POSITION: Support adequate funding for the Community Development Block Grant program for future fiscal years.
12.D-16Council Agenda 12-5-2023
Attachment 1.B
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