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KEEP AN EAR TO THE GROUND FOR EARMARKS By Alex Yiannoutsos and Kristi More, The Ferguson Group
Congressional earmarks serve a critically important purpose. Most importantly, earmarks – funds set aside by Members of Congress for specific local or regional projects or programs – create a mechanism for federal elected officials – House and Senate members – to distribute federal funds more widely to meet high priority local needs. Without earmarks, unelected federal agency officials tend to allocate federal funds to fewer and larger local jurisdictions. The high priority community needs addressed by smaller, less populated, towns, cities and counties, and special districts are often overlooked. A 2011 study by The Ferguson Group (TFG) bore this out. The study found that when funding decisions were left solely to the individual federal agencies, the result was disastrous for local governments and special districts. Without earmarks, federal agencies drastically cut the number of grants awarded and tended to award federal support to larger local governments. In many instances, local governments and special districts were never invited to apply for competitive grant funds and in other cases funds were allocated directly to the states, bypassing local jurisdictions altogether. Earmarks represent the best, most efficient way for federal elected officials to allocate a fraction of available federal funds – less than one percent of discretionary spending – to meet critical, high priority local needs. This year, congressional leaders announced the return of earmarks including reforms prioritizing “accountability, transparency, and strong community support”. 30
So, how does it work? The earmark process officially begins in early February when the president submits the Budget Request to Congress, establishing the Administration’s priorities for the upcoming fiscal year. Each congressional office has a separate application and sets its own deadlines for submitting earmark requests, but most occur in early to mid-March. Members evaluate their communities’ requests and submit the best for consideration in the relevant appropriations bills. House and Senate Appropriations subcommittees then negotiate funding amounts allocated to federal agencies and earmark requests each fiscal year. The spending allocations are approved upon final passage. For the Fiscal Year 2022 (FY22) cycle, each House member was limited to ten requests and some members opted not to accept earmark requests entirely. There was no similar limitation for Senators. We expect House Members will face fewer restrictions on their earmark requests in the upcoming Fiscal Year 2023 appropriations process. Earmarks are particularly valuable to special districts. David Guy, President of the Northern California Water Association (NCWA), and Lewis Bair, General Manager of Reclamation District 108, are part of the Floodplain Forward Coalition in the California Special Districts • November-December 2021
