Senate Report 115-428 - LAND AND WATER CONSERVATION AUTHORIZATION AND FUNDING ACT

[Senate Report 115-428]
[From the U.S. Government Publishing Office]

Calendar No. 709
115th Congress } { Report
SENATE
2d Session } { 115-428

======================================================================

LAND AND WATER CONSERVATION AUTHORIZATION AND FUNDING ACT

_______

December 11, 2018.--Ordered to be printed

_______

Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following

R E P O R T

[To accompany S. 569]

[Including cost estimate of the Congressional Budget Office]

The Committee on Energy and Natural Resources, to which was
referred the bill (S. 569) to amend title 54, United States
Code, to provide consistent and reliable authority for, and for
the funding of, the Land and Water Conservation Fund to
maximize the effectiveness of the Fund for future generations,
and for other purposes, having considered the same, reports
favorably thereon with an amendment in the nature of a
substitute and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Land and Water Conservation
Authorization and Funding Act''.

SEC. 2. PERMANENT AUTHORIZATION AND FULL FUNDING OF THE LAND AND WATER
CONSERVATION FUND.

(a) Authorization.--Section 200302 of title 54, United States Code,
is amended--
(1) in subsection (b), in the matter preceding paragraph (1),
by striking ``During the period ending September 30, 2018,
there'' and inserting ``There''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``through September
30, 2018''; and
(B) by striking paragraph (3).
(b) Full Funding.--
(1) In general.--Section 200303 of title 54, United States
Code, is amended to read as follows:
``Sec. 200303. Availability of funds
``(a) In General.--For fiscal year 2019 and each fiscal year
thereafter, amounts deposited in the Fund under section 200302 shall be
made available for expenditure, without further appropriation or fiscal
year limitation, to carry out the purposes of the Fund (including
accounts and programs made available from the Fund under the
Consolidated and Further Continuing Appropriations Act, 2015 (Public
Law 113-235)).
``(b) Additional Amounts.--Amounts made available under subsection
(a) shall be in addition to amounts made available to the Fund under
section 105 of the Gulf of Mexico Energy Security Act of 2006 (43
U.S.C. 1331 note; Public Law 109-432) or otherwise appropriated from
the Fund.
``(c) Allocation Authority.--
``(1) Submission of cost estimates.--The President shall
submit to Congress detailed account, program, and project
allocations to be funded under subsection (a) as part of the
annual budget submission of the President.
``(2) Alternate allocation.--
``(A) In general.--Appropriations Acts may provide
for alternate allocation of amounts made available
under subsection (a), including allocations by account
and program.
``(B) Allocation by president.--
``(i) No alternate allocations.--If
Congress has not enacted legislation
establishing alternate allocations by
the date that is 120 days after the
date on which the applicable fiscal
year begins, amounts made available
under subsection (a) shall be allocated
by the President.
``(ii) Insufficient alternate
allocation.--If Congress enacts
legislation establishing alternate
allocations for amounts made available
under subsection (a) that are less than
the full amount appropriated under that
subsection, the difference between the
amount appropriated and the alternate
allocation shall be allocated by the
President.
``(3) Annual report.--The President shall submit to Congress
an annual report that describes the final allocation by
account, program, and project of amounts made available under
subsection (a), including a description of the status of
obligations and expenditures.''.
(2) Clerical amendment.--The table of sections for chapter
2003 of title 54, United States Code, is amended by striking
the item relating to section 200303 and inserting the
following:

``Sec. 200303. Availability of funds.''.

(c) Public Access.--Section 200306 of title 54, United States Code,
is amended by adding at the end the following:
``(c) Public Access.--Not less than 1.5 percent of the annual
authorized funding amount shall be made available each year for
projects that secure recreational public access to existing Federal
public land for hunting, fishing, or other recreational purposes.''.

Purpose

The purpose of S. 569 is to amend title 54, United States
Code, to provide consistent and reliable authority for, and for
the funding of, the Land and Water Conservation Fund to
maximize the effectiveness of the Fund for future generations.

Background and Need

During the late 1950s and early 1960s, the public demand
for areas to recreate was on the rise. A 1957 report of the
Senate Interior and Insular Affairs Committee (the predecessor
to the Energy and Natural Resources Committee) noted that
national forest use tripled in the 20 years from 1926 to 1946,
and then tripled again in the 10-year period between 1946 and
1956 (S. Rept. 85-471). Similar increases in visitation were
causing management challenges in national parks.
Extensive private inholdings existed within the boundaries
of Federally administered areas that could be acquired for
their recreational value or to improve administration. In 1958,
Congress enacted Public Law 85-470 which established the
Outdoor Recreation Resources Review Commission (ORRRC) to look
at these issues. The ORRRC's report to the President and
Congress, which was completed in 1962, recommended a national
outdoor recreation policy, including a dedicated source of
Federal funding for outdoor recreation resources and
comprehensive State planning for recreation.
Congress responded by enacting Public Law 88-578, the Land
and Water Conservation Fund Act of 1965 (Act). The purpose of
the Act was to help preserve, develop, and ensure access to
outdoor recreation resources. The Act created the Land and
Water Conservation Fund (LWCF) in the U.S. Treasury and
authorized Congress to appropriate funds from the LWCF for the
following general purposes: Federal acquisition of land,
waters, and interests in land and waters; matching grants to
States for recreation planning; acquiring recreational lands,
waters, or related interests; or developing outdoor
recreational facilities; and related purposes.
Currently, the LWCF is authorized to accrue $900 million
annually under the Act in specified revenues from three
sources: (1) surplus property sales; (2) the federal motorboat
tax and (3) revenues from oil and gas leases on the Outer
Continental Shelf (OCS). The vast majority of revenues
deposited into the fund come from OCS oil and gas leases. The
1965 Act did not specify an authorized level of funding. In
1976, the Act was amended to specify the $900 million annual
authorization level. This authorization for the LWCF to accrue
$900 million annually expired on September 30, 2018. The
authority to carry out the purposes of the Act, including the
authority to appropriate monies from the LWCF, does not have an
expiration date.
The LWCF receives additional revenue above the $900 million
annually under the Act pursuant to under the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432, GOMESA). These
monies from qualified OCS leases under GOMESA directed to the
LWCF are mandatory, and can be used only for the state matching
grant program in accordance with the terms of the Act. The
authority for the LWCF to accrue revenues under GOMESA does not
have an expiration date.
The $900 million in revenues that accrue to the LWCF under
the LWCF Act are available only if appropriated by Congress.
The level of annual Congressional appropriations has varied
widely since the fund's origin, and in most years LWCF programs
have received far less than the $900 million authorized amount.
In its August 17, 2018 report titled ``Land and Water
Conservation Fund: Overview, Funding History, and Issues,'' the
Congressional Research Service calculates that from fiscal year
(FY) 1965 through FY 2018, approximately $40.0 billion has been
credited to the LWCF but less than half of that amount has been
appropriated, leaving an unappropriated balance of $21.6
billion.
S. 569 amends the LWCF Act to make the $900 million in
annual LWCF revenues available without further legislative
action (appropriations acts), thus providing mandatory spending
authority of $900 million annually from the LWCF. S. 569
specifies that the $900 million in annual mandatory
appropriations to be provided under the bill would be in
addition to the mandatory appropriations under GOMESA.

Legislative History

S. 569 was introduced by Senators Cantwell, Baldwin,
Bennet, Burr, Cardin, Casey, Coons, Feinstein, Franken,
Gillibrand, Heinrich, Hirono, Klobuchar, Manchin, Markey,
Merkley, Sanders, Schatz, Shaheen, Stabenow, Tester, and Wyden
on March 8, 2017.
Similar legislation, H.R. 6759, was introduced in the House
of Representatives by Representative Grijalva on September 10,
2018.
In the 114th Congress, Senators Cantwell, Bennet, Heinrich,
Tester, Udall, and Wyden introduced similar legislation, S.
890, which was referred to the Committee on Energy and Natural
Resources.
In the 113th Congress, Senators Baucus, Burr, Wyden,
Graham, Mark Udall, Tester, and Tom Udall introduced similar
legislation, S. 338, which was referred to the Committee on
Energy and Natural Resources.
At its business meeting on October 2, 2018, the Committee
on Energy and Natural Resources, on a recorded vote, ordered S.
569 favorably reported as amended.

Committee Recommendation and Tabulation of Votes

The Senate Committee on Energy and Natural Resources, in
open business session on October 2, 2018, by a majority vote of
a quorum present, recommends that the Senate pass S. 569, if
amended as described herein.
The roll call vote on reporting the measure was 16 yeas, 7
nays, as follows:

YEAS NAYS
Mr. Daines Ms. Murkowski
Mr. Gardner Mr. Barrasso
Mr. Alexander Mr. Risch
Mr. Portman Mr. Lee
Ms. Capito Mr. Flake
Ms. Cantwell Mr. Hoeven*
Mr. Wyden* Mr. Cassidy
Mr. Sanders*
Ms. Stabenow
Mr. Manchin*
Mr. Heinrich
Ms. Hirono
Mr. King
Ms. Duckworth
Ms. Cortez Masto
Ms. Smith

Committee Amendment

During its consideration of S. 569, the Committee adopted
an amendment in the nature of a substitute. The substitute
amendment amends 54 U.S.C. 200302 to strike the September 30,
2018, expiration date for deposits to the LWCF and replace it
with a requirement to deposit $900 million in specified
revenues annually in perpetuity beginning in FY2019. The
substitute amendment further eliminates the unappropriated
balance in the LWCF. The substitute amendment also strikes 54
U.S.C. 200303 and replaces it with a new section 200303 that
provides $900 million in annual mandatory spending authority
from the LWCF and specifies that the $900 million in annual
mandatory spending is in addition to the mandatory
appropriations under GOMESA. The substitute amendment also
prescribes a procedure for allocating the $900 million in
mandatory spending from the LWCF.

Section-by-Section Analysis

Sec. 1. Short title

Section 1 contains the short title.

Sec. 2. Permanent authorization and full funding of the Land and Water
Conservation Fund

Subsection (a) amends 52 U.S.C. 200302 to strike the
September 30, 2018, expiration for the authorization to collect
and deposit specified revenues into the LWCF. This subsection
also requires that $900 million in specified revenues be
deposited annually into the LWCF in perpetuity. Further
Subsection (a) strikes the unappropriated balance in the LWCF.
Subsection (b) strikes section 200303 of title 54 and
replaces it with a new section 200303 that includes the
following: Section 200303(a) provides that the $900 million
deposited into the Fund under section 200302 be made available
for expenditure, without further appropriation or fiscal year
limitation, to carry out the purposes of the Fund (including
accounts and programs made available from the Fund under the
Consolidated and Further Continuing Appropriations Act, 2015).
Section 200303(b) specifies that the amounts made available
under the LWCF Act shall be in addition to any amounts made
available to the Fund under section 105 of the Gulf of Mexico
Energy Security Act of 2006 (43 U.S.C. 1131 note; Public Law
109-432). Section 200303(c) requires the President to submit to
Congress detailed account, program, and project allocations to
be funded from amounts deposited into the Fund under section
200303 as part of the annual budget submission of the
President. Section 200303(c) also provides for alternate
allocation of amounts, including allocations by account and
program, by Appropriations Acts. The President is further
required to submit an annual report to Congress that describes
the final allocation by account, program, and project of
amounts made available from the Fund, including a description
of the status of obligations and expenditures.
Subsection (c) amends section 200306 of title 54 by
providing that not less than 1.5 percent of the annual
authorized funding amount shall be made available each year for
projects that secure recreational public access to existing
Federal public land for hunting, fishing, or other recreational
purposes.

Sec. 3. Report

Subsection (a) requires that not later than one year after
the date of enactment, and annually thereafter, the Secretary
of the Interior and the Secretary of Agriculture shall jointly
submit to Congress a report that describes the LWCF amounts
that were expended in each State in the previous year.
Subsection (b) requires that this report include a
breakdown of all programs and activities for which amounts were
expended in a State, including Federal land acquisitions; State
grants, including competitive State grants; and all other
programs and activities that use amounts from the fund.

Cost and Budgetary Considerations

The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
Summary: S. 569 would permanently authorize the annual
deposit of at least $900 million from various federal sources
into the Land and Water Conservation Fund (LWCF). The current
authorization to make those deposits expired on October 1,
2018. The bill also would make the amounts deposited into the
LWCF available to spend without further appropriation by the
Department of the Interior (DOI) and the Forest Service to
acquire land and to make grants to states to support outdoor
recreation.
CBO estimates that enacting S. 569 would increase direct
spending by $7.2 billion over the 2019-2028 period; therefore,
pay-as-you-go procedures apply. The bill would not affect
revenues or spending subject to appropriation.
CBO estimates that enacting S. 569 would increase net
direct spending and on-budget deficits by more than $5 billion
in each of the four consecutive 10-year periods beginning in
2029.
S. 569 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 569 is shown in the following table. The
costs of the legislation fall within budget function 300
(natural resources and the environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------------------------------------
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2019-2023 2019-2028
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INCREASES IN DIRECT SPENDING

Estimated Budget Authority............................... 22,482 900 900 900 900 900 900 900 900 900 26,082 30,582
Estimated Outlays........................................ 275 500 675 750 775 800 825 850 875 900 2,975 7,225
--------------------------------------------------------------------------------------------------------------------------------------------------------

Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the start of 2019.
CBO estimates that enacting S. 569 would make $30.6 billion
in new budget authority available to DOI and the Forest Service
for land acquisition, state grants for outdoor recreation, and
other purposes; resulting outlays would total $7.2 billion over
the 2019-2028 period.

Background

Until October 1, 2018, the LWCF was authorized to receive
annual deposits of at least $900 million from various federal
sources. Most of those deposits are proceeds from offshore oil
and gas leases; other sources include federal motorboat fuel
taxes and proceeds from certain surplus property sales. Under
current law, the LWCF is permanently authorized to spend
amounts deposited into the fund only if they are subsequently
appropriated. In 2018, the Congress appropriated a total of
$425 million from the LWCF to DOI and the Forest Service.\1\
Since the LWCF was established in 1965, about $18.4 billion has
been appropriated from the fund, unadjusted for inflation.
---------------------------------------------------------------------------
\1\Carol Hardy Vincent, Land and Water Conservation Fund: Overview,
Funding History, and Issues, Report for Congress RL33531 (Congressional
Research Service, August 17, 2018), https://go.usa.gov/xP7af.
---------------------------------------------------------------------------
In addition, under the Gulf of Mexico Energy Security Act
of 2006 (GOMESA), 12.5 percent of proceeds from certain
offshore oil and gas leases are deposited into the LWCF and are
available to spend without further appropriation for a state
grant program administered by the National Park Service (NPS).
In CBO's April 2018 baseline, CBO projects that about $125
million will be deposited annually over the 2019-2028 period
from lease proceeds under GOMESA. Those amounts are in addition
to amounts that would be made available under S. 569.

Deposits into the LWCF

S. 569 would permanently authorize the annual deposit of at
least $900 million into the LWCF. Amounts in the fund would be
available to DOI and the Forest Service for land acquisition,
state grants, and other purposes. CBO expects that under the
bill, the balance of unobligated funds credited to the LWCF at
the start of 2019, which we estimate totals about $21.6
billion, also would be available for spending. That amount
excludes funds credited and spent under GOMESA. Thus, CBO
estimates that enacting S. 569 would make $22.5 billion in new
budget authority available in 2019-the balance of unobligated
funds, plus $900 million-and $900 million each year thereafter.

Spendout of funds

S. 569 would require the President to submit a proposed
allocation of spending from the LWCF as part of the annual
budget submission. Under the bill, the Congress could provide
for alternate allocations in appropriations acts. If the
Congress does not provide for alternate allocations within 120
days of the start of the applicable fiscal year, amounts in the
LWCF would be allocated by the President. CBO expects that any
changes in allocations by the Congress could affect the amount
of direct spending. However, because any such changes would
result from subsequent legislation, for this estimate, CBO does
not assume any Congressional changes to the allocations.
CBO has no information on how the President would allocate
amounts in the LWCF for spending. CBO contacted DOI, the Bureau
of Land Management, the NPS, the U.S. Fish and Wildlife
Service, and the Forest Service to collect information on
current land acquisition needs and backlogs, demand for state
grants, and historical appropriations.\2\ Using information
from those agencies, and based on historical spending patterns
for similar activities, CBO estimates that the federal
government would spend, on average, about $720 million annually
under the bill. That estimate reflects an increase of 70
percent over the amount of funding provided in recent years for
those purposes. In addition, CBO expects that the government
would continue to spend from the LWCF after 2028.
---------------------------------------------------------------------------
\2\For example, according to the NPS, the current estimated cost to
acquire the backlog of lands identified for acquisition is about $2.1
billion. For more information, see National Park Service, Land and
Water Conservation Fund, ``Land Acquisition Status'' (January 12,
2016), https://go.usa.gov/xP7C8.
---------------------------------------------------------------------------
Uncertainty: CBO aims to produce cost estimates that
generally reflect the middle of a range of the most likely
budgetary outcomes that would result if the legislation was
enacted. In preparing this estimate, CBO accounted for several
sources of uncertainty.
In CBO's view, whether the unobligated balance credited to
the LWCF would be available to spend under the bill is not
clear. If those amounts are determined to be unavailable, the
budget authority for 2019 would be reduced by $21.6 billion.
In addition, there is some uncertainty about how the
allocation process would be implemented. Whether the bill would
require the President to allocate a minimum or maximum amount
in any year is not clear. The President could allocate more or
less than the amounts included in this estimate. However, if
the Congress enacts legislation that establishes alternate
allocations, S. 569 would direct the President to allocate the
difference between the budget authority made available in each
year and the amount allocated by the Congress. Thus, CBO
expects that any subsequent legislation that alters the
allocations could increase the potential for direct spending
from the LWCF, relative to this estimate.
Direct spending also could be higher or lower for the
following reasons:
Shifts in agencies' land acquisition
projects and priorities, which may affect the pace of
future spending are hard to predict;
Certain factors outside of the government's
control--including the identification and availability
of willing sellers, or land values--could affect the
rate of acquisitions; and
States' demand for land acquisition and
recreation grants is hard to foresee. Shifts in state
policies or fiscal climates could affect the demand for
such grants and the resulting spending.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the table on page 5.
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 569 would increase net direct
spending and on-budget deficits by more than $5 billion in each
of the four consecutive 10-year periods beginning in 2029.

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 569, THE LAND AND WATER CONSERVATION AUTHORIZATION AND FUNDING ACT, AS ORDERED REPORTED BY THE SENATE
COMMITTEE ON ENERGY AND NATURAL RESOURCES ON OCTOBER 2, 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2019-2023 2019-2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE IN THE DEFICIT

Statutory Pay-As-You-Go Impact.................... 275 500 675 750 775 800 825 850 875 900 2,975 7,225
--------------------------------------------------------------------------------------------------------------------------------------------------------

Mandates: S. 569 contains no intergovernmental or private-
sector mandates as defined in UMRA.
Previous CBO estimate: On September 25, 2018, CBO
transmitted a cost estimate for H.R. 502, the Land and Water
Conservation Fund Reauthorization and Fairness Act, as ordered
reported by the House Committee on Natural Resources on
September 13, 2018. Both bills would permanently authorize the
annual deposit of at least $900 million into the fund; however,
S. 569 would make those amounts available to spend without
further appropriation. Accordingly, CBO's estimates of their
budgetary effects differ.
Estimate prepared by: Federal costs: Janani Shankaran;
Mandates: Zachary Byrum.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis; Theresa Gullo,
Assistant Director for Budget Analysis.

Regulatory Impact Evaluation

In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 569. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 569, as ordered reported.

Congressionally Directed Spending

S. 569, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.

Executive Communications

The Committee did not request Executive Agency views on S.
569.

Changes in Existing Law

In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 569, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):

TITLE 54--NATIONAL PARK SERVICE AND RELATED PROGRAMS

* * * * * * *

Subtitle II--Outdoor Recreation Programs

* * * * * * *

CHAPTER 2003--LAND AND WATER CONSERVATION FUND

Sec.
200301. Definitions.
200302. Establishment of Land and Water Conservation Fund.
200303. Appropriations for expenditure of Fund amounts.
200304. Statement of estimated requirements.
200305. Financial assistance to States.
200306. Allocation of Fund amounts for Federal purposes.
200307. Availability of Fund amounts for publicity purposes.
200308. Contracts for acquisition of land and water.
200309. Contracts for options to acquire land and water in System.
200310. Transfers to and from Fund.

Sec. 200301. Definitions

In this chapter:
(1) Fund.--The term ``Fund'' means the Land and Water
Conservation Fund established under section 200302 of
this title.
(2) State.--The term ``State'' means a State, the
District of Columbia, Puerto Rico, Guam, American
Samoa, the Virgin Islands, and the Northern Mariana
Islands.

Sec. 200302. Establishment of Land and Water Conservation Fund

(a) Establishment.--There is established in the Treasury
the Land and Water Conservation Fund.
(b) Deposits.--[During the period ending September 30,
2018, there] There shall be deposited in the Fund the following
revenues and collections:
(1) All proceeds (except so much thereof as may be
otherwise obligated, credited, or paid under authority
of the provisions of law set forth in section 572(a) or
574(a) to (c) of title 40 or under authority of any
appropriation Act that appropriates an amount, to be
derived from proceeds from the transfer of excess
property and the disposal of surplus property, for
necessary expenses, not otherwise provided for,
incident to the utilization and disposal of excess and
surplus property) received from any disposal of surplus
real property and related personal property under
chapter 5 of title 40, notwithstanding any provision of
law that such proceeds shall be credited to
miscellaneous receipts of the Treasury. Nothing in this
chapter shall affect existing laws or regulations
concerning disposal of real or personal surplus
property to schools, hospitals, and States and their
political subdivisions.
(2) The amounts provided for in section 200310 of
this title.
(c) Authorization of Appropriations.--
(1) In general.--In addition to the sum of the
revenues and collections estimated by the Secretary to
be deposited in the Fund pursuant to this section,
there are authorized to be appropriated annually to the
Fund out of any money in the Treasury not otherwise
appropriated such amounts as are necessary to make the
income of the Fund not less than $900,000,000 for each
fiscal year [through September 30, 2018].
(2) Receipts under outer continental shelf lands
act.--To the extent that amounts appropriated under
paragraph (1) are not sufficient to make the total
annual income of the Fund equivalent to the amounts
provided in paragraph (1), an amount sufficient to
cover the remainder shall be credited to the Fund from
revenues due and payable to the United States for
deposit in the Treasury as miscellaneous receipts under
the Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.).
[(3) Availability of deposits.--Notwithstanding
section 200303 of this title, money deposited in the
Fund under this subsection shall remain in the Fund
until appropriated by Congress to carry out this
chapter.]

[Sec. 200303. Appropriations for expenditure of Fund amounts

[Amounts deposited in the Fund shall be available for
expenditure for the purposes of this chapter only when
appropriated for those purposes. The appropriations may be made
without fiscal-year limitation. Amounts made available for
obligation or expenditure from the Fund may be obligated or
expended only as provided in this chapter.]

``Sec. 200303. Availability of funds

``(a) In General.--For fiscal year 2019 and each fiscal
year thereafter, amounts deposited in the Fund under section
200302 shall be made available for expenditure, without further
appropriation or fiscal year limitation, to carry out the
purposes of the Fund (including accounts and programs made
available from the Fund under the Consolidated and Further
Continuing Appropriations Act, 2015 (Public Law 113-235)).
``(b) Additional Amounts.--Amounts made available under
subsection (a) shall be in addition to amounts made available
to the Fund under section 105 of the Gulf of Mexico Energy
Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432)
or otherwise appropriated from the Fund.
``(c) Allocation Authority.--
``(1) Submission of cost estimates.--The President
shall submit to Congress detailed account, program, and
project allocations to be funded under subsection (a)
as part of the annual budget submission of the
President.
``(2) Alternate allocation.--
``(A) In general.--Appropriations Acts may
provide for alternate allocation of amounts
made available under subsection (a), including
allocations by account and program.
``(B) Allocation by president.--
``(i) No alternate allocations.--If
Congress has not enacted legislation
establishing alternate allocations by
the date that is 120 days after the
date on which the applicable fiscal
year begins, amounts made available
under subsection (a) shall be allocated
by the President.
``(ii) Insufficient alternate
allocation.--If Congress enacts
legislation establishing alternate
allocations for amounts made available
under subsection (a) that are less than
the full amount appropriated under that
subsection, the difference between the
amount appropriated and the alternate
allocation shall be allocated by the
President.
``(3) Annual report.--The President shall submit to
Congress an annual report that describes the final
allocation by account, program, and project of amounts
made available under subsection (a), including a
description of the status of obligations and
expenditures.''.
(2) Clerical amendment.--The table of sections for
chapter 2003 of title 54, United States Code, is
amended by striking the item relating to section 200303
and inserting the following:

``Sec. 200303. Availability of funds.''

* * * * * * *

Sec. 200306. Allocation of Fund amounts for Federal purposes

(a) Allowable Purposes and Subpurposes.--
(1) In general.--Amounts appropriated from the Fund
for Federal purposes shall, unless otherwise allotted
in the appropriation Act making them available, be
allotted by the President for the purposes and
subpurposes stated in this subsection.
(2) Acquisition of land, water, or an interest in
land or water.--
(A) System units and recreation areas
administered for recreation purposes.--Amounts
shall be allotted for the acquisition of land,
water, or an interest in land or water within
the exterior boundary of--
(i) a System unit authorized or
established; and
(ii) an area authorized to be
administered by the Secretary for
outdoor recreation purposes.
(B) National forest system.--
(i) In general.--Amounts shall be
allotted for the acquisition of land,
water, or an interest in land or water
within inholdings within--
(I) wilderness areas of the
National Forest System; and
(II) other areas of national
forests as the boundaries of
those forests existed on
January 1, 1965, or purchase
units approved by the National
Forest Reservation Commission
subsequent to January 1, 1965,
all of which other areas are
primarily of value for outdoor
recreation purposes.
(ii) Adjacent land.--Land outside but
adjacent to an existing national forest
boundary, not to exceed 3,000 acres in
the case of any one forest, that would
comprise an integral part of a forest
recreational management area may also
be acquired with amounts appropriated
from the Fund.
(iii) Limitation.--Except for areas
specifically authorized by Act of
Congress, not more than 15 percent of
the acreage added to the National
Forest System pursuant to this section
shall be west of the 100th meridian.
(C) Endangered species and threatened
species; fish and wildlife refuge areas;
national wildlife refuge system.--Amounts shall
be allotted for the acquisition of land, water,
or an interest in land or water for--
(i) endangered species and threatened
species authorized under section 5(a)
of the Endangered Species Act of 1973
(16 U.S.C. 1534(a));
(ii) areas authorized by section 2 of
the Refuge Recreation Act (16 U.S.C.
460k-1);
(iii) national wildlife refuge areas
under section 7(a)(4) of the Fish and
Wildlife Act of 1956 (16 U.S.C.
742f(a)(4)) and wetlands acquired under
section 304 of the Emergency Wetlands
Resources Act of 1986 (16 U.S.C. 3922);
and
(iv) any area authorized for the
National Wildlife Refuge System by
specific Acts.
(3) Payment as offset of capital costs.--Amounts
shall be allotted for payment into miscellaneous
receipts of the Treasury as a partial offset for
capital costs, if any, of Federal water development
projects authorized to be constructed by or pursuant to
an Act of Congress that are allocated to public
recreation and the enhancement of fish and wildlife
values and financed through appropriations to water
resource agencies.
(4) Availability of appropriations.--Appropriations
allotted for the acquisition of land, water, or an
interest in land or water as set forth under
subparagraphs (A) and (B) of paragraph (2) shall be
available for those acquisitions notwithstanding any
statutory ceiling on the appropriations contained in
any other provision of law enacted prior to January 4,
1977, or, in the case of national recreation areas,
prior to January 15, 1979, except that for any such
area expenditures shall not exceed a statutory ceiling
during any one fiscal year by 10 percent of the ceiling
or $1,000,000, whichever is greater.
(b) Acquisition Restrictions.--Appropriations from the Fund
pursuant to this section shall not be used for acquisition
unless the acquisition is otherwise authorized by law.
Appropriations from the Fund may be used for preacquisition
work where authorization is imminent and where substantial
monetary savings could be realized.
(c) Public Access.--Not less than 1.5 percent of the annual
authorized funding amount shall be made available each year for
projects that secure recreational public access to existing
Federal public land for hunting, fishing, or other recreational
purposes.

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