Pond Push
New House Fishing Bill A Potential Catalyst
Wednesday, November 18, 2009
Ray
Scott, long a champion of conservation and fishable water, encouraged
Rep. Bobby Bright to introduce a bill to stimulate pond-building.
The
sport of fishing has faced considerable difficulties over the past
year an erosion of sponsor support on the competitive side, rising
license costs, a stagnant boat and motor market, a shrinking outdoor
media and much more.
Which is a why a
recent fishing-related bill introduced to the U.S. House of
Representatives couldn't have come at a better time.
More news on this and other items at Northeast Bass
H.R.
3622, or the Ponds and Water-Based Conservation Act of 2009, sponsored
by Rep. Bobby Bright (D-Ala.), seems simple in its intent. But the
potential ramifications could help boost a sport and industry badly in
need of resuscitation. At the same time, it could help ensure the
future by hooking a whole new generation on the joys of fishing right
out their own backdoors.
The premise is to offer a 50% tax
credit to landowners who build a pond at least a half-acre in size but
less than 10 acres. The result could be an explosion of fishable water
in towns and neighborhoods, as well as in the countryside.
Ray's Fight
The
bill itself is the brainchild of BASS founder Ray Scott, who's decided
to put his weight behind it and call to action all those with a stake
in the future of angling.
Scott, as BASS founder, has long
stayed plugged into national policy. It was Scott who helped push
Wallop-Breaux through the House and Senate, despite opposition even
from within the sport.
He struck upon the idea to
encourage pond-building several years ago, but not until more recently
did he take the idea to Rep. Bright.
"It's
fuzzy, but I can remember many years ago when there was something for
people who built lakes and ponds, but I think it was agricultural in
nature," Scott said. "But over the last several years I got to
thinking, Why not encourage people to capture water? And today, with
this economy, we have people standing on street corners like the 1930s
looking for anything to do. Why in the heck can't we put people to work
building ponds?
"The landowner takes advantage of the tax
credit and hires a digger, the digger hires the guy on the street
corner, both pay taxes on what they make, property values increase, and
there's a new place to fish."
Bright credited Scott with the idea for the legislation and also addressed the economic activity it could stimulate.
"The
idea for the legislation came from a desire to both stimulate job
growth and an interest in water conservation," Bright told BassFan. "I
felt that these things were not mutually exclusive and, if done
correctly, could make strong legislation. Ray Scott has a great deal of
knowledge on the subject and as a constituent in the 2nd District of
Alabama, his input was valuable and welcome."
And in Scott's estimation, significant economic activity would come back to the fishing industry.
"If
you build a fish pond or lake on your property, after you fill it and
stock it, the first thing you're going to do is get in your truck and
drive as fast as you can to Bass Pro Shops and spend $300 or $400 on
rods, reels, lures and tackle," Scott said. "And 10% of all that money
will go to Wallop-Breaux and back to the states for launch ramps,
stocking you name it."
And of course, kids need places
to fish that are safe and reachable by bike. Anyone who grew up near a
fishing pond can attest to how crucial a single pond can be in
developing a lifelong passion for fishing.
The number of ponds that could potentially be constructed in an average-size town, given the tax credit, is staggering.
Rep.
Bright notes the Ponds and Water-Based Conservation Act of 2009 might
become a provision in a larger job-creation/tax-break piece of
legislation.
What Comes Next?
The
bill has currently been referred to the House Ways & Means
committee. Bright is the bill's sole sponsor. In order to move forward,
the bill must be considered by the committee, pass out of the
committee, and then proceed to the House floor for a final vote. It
would then have to be passed by the Senate and signed by the president
in order to become law.
Bright doesn't
anticipate the bill will ride by itself into law. Instead, he described
it more as a "starting point" for an issue about which he cares deeply.
"I don't expect the bill to be passed verbatim, but I hope the concept
gets incorporated in other legislation, (such as) a provision in
job-creation/tax-break legislation," he said.
"Actually,
the first bill I sponsored as a member of Congress allowed small
businesses to deduct from this year's taxes an additional amount of
capital expenses. Though I didn't support the American Recovery and
Reinvestment Act, my provision was included in the final bill. (This
bill) is simply one more avenue to promote conservation and job
creation."
Scott sees a long road ahead for the bill,
because "nothing in Washington happens quickly," but that doesn't mean
it won't come to pass.
"I'm the guy who didn't give up on
Wallop Breaux I worked my butt off for 3 years for it and you can't
give up when it comes to these things," Scott said. "When that bill
started moving, it really took off."
And both Scott and Bright urged BassFans to get involved.
The
best place to start, they said, is to contact your representatives in
Congress. Ask them to support the Ponds and Water-Based Conservation
Act of 2009 and the concept of promoting job creation through
water-based conservation.
They also
recommend BassFans contact their state fishery agencies and let them
know about the legislation and that you support it, bring a copy of the
bill to your club meetings, or distribute them at your next tournament.
If your child's school has an ecology or conservation club, let them
know about it. Send a note to your local newspaper letting them know
about the bill.
"Folks in Congress get hit with beautiful
ideas every day, so we need to get in on this and kick and scream and
get it done," Scott said. "The fishery departments in the states need
to push this thing, and I plan to do everything in the world I need to.
We all need to get off our butts and get excited and stay that way
until we get it passed."
Notable
>
Scott, of course, built and maintains some of the most fabled ponds in
the history of fishing. He recently opened them to groups for luxury
fishing escapes and corporate retreats. His first group came in last
weekend. In one morning, they boated a 10-06 and 7-07. For information
on rates, or to book, visit RayScottOutdoors.com or call (800) 518-7222.
>
Scott's continually surprised at how few people understand the size of
a 1-acre pond. "When I ask people how many acres are in a football
field, nine of 10 miss it," he said. "I had one guy guess 10 acres. A
football field is only 1 acre."
Complete Text Of H.R. 3622, Ponds and Water-Based Conservation Act of 2009
H. R. 3622
To
amend the Internal Revenue Code of 1986 to allow a credit for the
construction of pond establishments for the purposes of non-commercial
recreational fishing and conservation of water-based wildlife habitats.
IN THE HOUSE OF REPRESENTATIVES
September 22, 2009
Mr. BRIGHT introduced the following bill; which was referred to the Committee on Ways and Means
A BILL
To
amend the Internal Revenue Code of 1986 to allow a credit for the
construction of pond establishments for the purposes of non-commercial
recreational fishing and conservation of water-based wildlife habitats.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the Ponds and Water-Based Conservation Act of 2009 .
SEC. 2. POND CONSTRUCTION CREDIT.
(a)
Pond Construction Credit- Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new section:
SEC. 25E. POND CONSTRUCTION CREDIT.
(a)
Allowance of Credit In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to 50 percent of qualified pond
construction expenditures.
(b) Limitations The amount allowed as a credit under subsection (a) for a taxable year shall not exceed $50,000.
(c) Qualified Pond Construction Expenditures For purposes of this section--
(1)
IN GENERAL The term qualified pond construction expenditures means
amounts paid or incurred to construct a body of water larger than
one-half acre and smaller than 10 acres that serves to promote
stormwater management and conservation or foster expansion of
water-based habitat for wildlife or fish.
(2) LABOR
COSTS For purposes of paragraph (1), expenditures for labor costs
properly allocable to the onsite construction of such body of water
shall be taken into account.
(3) EXCEPTION FOR COMMERCIAL USES Such term does not include any amount paid or incurred with respect to commercial fishing.
(d) Recapture of Credit-
(1)
IN GENERAL- The Secretary shall provide for the recapture of the credit
allowed under this section in any case in which, before the close of
the recapture period, the land with respect to which the qualified pond
construction expenditures were paid or incurred is disposed of or
otherwise ceases to sustain water-based wildlife or fish.
(2) EXCEPTIONS-
(A) DEATH OF TAXPAYER- Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer s death.
(B)
INVOLUNTARY CONVERSION- Paragraph (1) shall not apply in the case of a
property which is compulsorily or involuntarily converted (within the
meaning of section 1033(a)).
(C) TRANSFERS BETWEEN
SPOUSES OR INCIDENT TO DIVORCE- In the case of a transfer of a property
to which section 1041(a) applies--
(i) paragraph (1) shall not apply to such transfer, and
(ii)
in the case of taxable years ending after such transfer, paragraph (1)
shall apply to the transferee in the same manner as if such transferee
were the transferor (and shall not apply to the transferor).
(3)
RECAPTURE PERIOD- For purposes of paragraph (1), the recapture period
is the 10-taxable year period beginning with the taxable year after the
taxable year for which a credit is allowed under subsection (a).
(e) Certification-
(1)
YEAR OF CONSTRUCTION- No amount shall be treated as a qualified pond
construction expenditure unless the taxpayer certifies that the body of
water constructed pursuant to such expenditures meets the requirements
of subsection (c)(1).
(2) RECAPTURE- Recapture shall be
required under subsection (d) for any year in the recapture period
unless the taxpayer certifies that the taxpayer is in compliance with
subsection (d).
(3) CERTIFICATION REQUIREMENTS- A
certification under this subsection shall be in such form and meet such
requirements as the Secretary may require. .
(b)
Conforming Amendment- The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by inserting after
the item relating to section 25D the following new item:
Sec. 25E. Pond construction credit. .
(c) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2009.
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