[House Report 115-1091]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-1091
======================================================================
LAND AND WATER CONSERVATION FUND REAUTHORIZATION AND FAIRNESS ACT
_______
December 20, 2018.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
together with
ADDITIONAL AND DISSENTING VIEWS
[To accompany H.R. 502]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 502) to permanently reauthorize the Land and
Water Conservation Fund, having considered the same, report
favorably thereon with an amendment and recommend 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 Fund
Reauthorization and Fairness Act''.
SEC. 2. REAUTHORIZATION OF LAND AND WATER CONSERVATION FUND.
(a) In General.--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)(1), by striking ``through September 30,
2018''.
(b) Allocation of Funds.--Section 200304 of title 54, United States
Code, is amended--
(1) by striking ``There'' and inserting the following:
``(a) In General.--There'';
(2) by striking ``Not less than 40 percent of such
appropriations shall be available for Federal purposes.''; and
(3) by adding at the end the following:
``(b) Allocation of Funds.--Of the total amount made available to the
Fund through appropriations and deposited into the fund under section
105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (43
U.S.C. 1331 note)--
``(1) not less than 40 percent of such amount shall be used
for Federal purposes under section 200306; and
``(2) not less than 40 percent of such amount shall be used
to provide financial assistance to States under section
200305.''.
(c) Parity for Territories and the District of Columbia.--Section
200305(b) of title 54, United States Code, is amended by striking
paragraph (5).
(d) Public Access.--Section 200306 of title 54, United States Code,
is amended by adding at the end the following:
``(c) Public Access.--
``(1) In general.--Of the amounts made available for
expenditure in any fiscal year under section 200303, not less
than the greater of 3 percent of the amounts or $20,000,000
shall be made available for projects identified on the priority
list developed under paragraph (2).
``(2) Priority list.--The Secretary of the Interior and the
Secretary of Agriculture, in consultation with the head of each
affected Federal agency, shall annually develop a priority list
for projects related to Federal land under the jurisdiction of
the applicable Secretary.
``(3) Criteria.--Projects identified on the priority list
developed under paragraph (2) shall--
``(A) maintain or increase public access to existing
Federal public land for hunting, fishing, recreational
shooting, or other outdoor recreational purposes
through acquisition of rights-of-way or acquisition of
land (or any interest in land), including through equal
value land exchanges; or
``(B) enhance, maintain, or restore access on
existing trails or rights-of-way.''.
Purpose of the Bill
The purpose of H.R. 502 is to permanently reauthorize the
Land and Water Conservation Fund.
Background and Need for Legislation
The Land and Water Conservation Fund Act of 1965 (LWCF,
Public Law 88-578, 54 U.S.C. 200301 et seq.) was enacted to
preserve, develop, and ensure public access to outdoor
recreation resources.\1\ The law created the Land and Water
Conservation Fund in the Treasury. The fund is credited with
revenues totaling $900 million annually under the LWCF, but
these credited monies cannot be spent unless appropriated by
Congress. The LWCF has generally been used to support federal
land acquisition; State matching grant programs to assist in
recreational planning, acquiring State lands and waters, and
developing outdoor recreational facilities; and other federal
programs with outdoor recreation purposes. The authority to
appropriate funding for LWCF does not expire and authorities of
federal land management agencies to acquire land derive from
statutes other than the LWCF.
---------------------------------------------------------------------------
\1\Carol Hardy Vincent. Land and Water Conservation Fund (LWCF):
Frequently Asked Questions Related to Provisions Scheduled to Expire on
September 30, 2018. (CRS In Focus No. IF10323). Washington, DC:
Congressional Research Service, 2018.
---------------------------------------------------------------------------
While expenditures from the LWCF are authorized at $900
million annually under the law, as mentioned above these monies
cannot be spent unless appropriated by Congress. Congress can
determine what, if any, appropriations should be provided from
the balance in the LWCF and the purposes of those
appropriations. Since its establishment, approximately $40
billion has been deposited into the LWCF, but only $18.4
billion has been appropriated, leaving an unappropriated
balance of $21.6 billion. Of the $18.4 billion that has been
appropriated from the LWCF, $11.2 billion has gone to federal
land acquisition, $4.7 billion has been granted to States, and
$2.6 billion has been used to fund other government recreation
programs. LWCF funds have also been appropriated to support
other federal programs and activities, including facility
maintenance of the land management agencies.\2\
---------------------------------------------------------------------------
\2\Carol Hardy Vincent. Land and Water Conservation Fund:
Appropriations for ``Other Purposes'' (CRS Report R44121). Washington,
DC: Congressional Research Service, 2018.
---------------------------------------------------------------------------
Money going into the LWCF comes from three specific
sources: the federal motorboat fuel tax, surplus property
taxes, and revenues from oil and gas leases on the federal
Outer Continental Shelf (OCS). The LWCF has historically
accumulated most of its money from OCS leases, and since the
beginning of the fund in Fiscal Year 1965, 95% of credited LWCF
money has come from OCS leases. The LWCF also receives money
under the Gulf of Mexico Energy Security Act of 2006 (GOMESA,
Public Law 109-432). Under GOMESA, additional monies from OCS
leasing accrue in the LWCF and can only be used for State
grants to support outdoor recreation. Unlike other monies
credited to the fund, GOMESA dollars are not subject to
appropriation.
The only authority that expires under the LWCF is the
ability to accrue additional revenue into the Fund.
Authorization for the deposit of monies into the LWCF expired
on September 30, 2018.
As ordered reported, H.R. 502 permanently authorizes the
LWCF. It also allocates funding so that no less than 40% would
be available for federal purposes and no less than 40% would be
available for the Stateside program. It also provides parity
for the U.S. territories of American Samoa, Guam, Puerto Rico,
U.S. Virgin Islands, the Commonwealth of the Northern Mariana
Islands, and the District of Columbia, in receiving funding
from the LWCF. Finally, the bill directs the greater of 3% or
$20 million of the federal portion of LWCF funding be used for
public access projects related to federal land. These projects
would be identified by the Secretaries of the Interior and
Agriculture, in consultation with the heads of affected federal
agencies.
Committee Action
H.R. 502 was introduced on January 12, 2017, by Congressman
Raul M. Grijalva (D-AZ). The bill was referred to the Committee
on Natural Resources, and within the Committee to the
Subcommittee on Federal Lands and the Subcommittee on Water,
Power and Oceans. On September 13, 2018, the Natural Resources
Committee met to consider the bill. The Subcommittees were
discharged by unanimous consent. Congressman Rob Bishop (R-UT)
offered an amendment in the nature of a substitute designated
083. The following amendments were offered to the amendment in
the nature of a substitute: Congressman Paul A. Gosar (R-AZ)
offered an amendment designated 130; it was not adopted by a
roll call vote of 10 yeas and 18 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Congressman Gosar offered an amendment designated 269; it
was not adopted by voice vote. Congressman Gosar offered an
amendment designated 270, with a time stamp of 8:17 am; it was
not adopted by a roll call vote of 11 yeas and 20 nays, as
follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Congressman Gosar offered an amendment designated 270, with
a time stamp of 8:19 am; it was not adopted by voice vote.
Congressman Gosar offered an amendment designated 272; it was
not adopted by a roll call vote of 10 yeas and 21 nays, as
follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Congressman Gosar offered an amendment designated 115; it
was not adopted by a roll call vote of 11 yeas and 19 nays, as
follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Congressman Tom McClintock (R-CA) offered and withdrew an
amendment designated 074. Congressman Bruce Westerman (R-AR)
offered an amendment designated #1; it was not adopted by a
roll call vote of 11 yeas and 21 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The amendment in the nature of a substitute was adopted by
voice vote. The bill, as amended, was adopted and favorably
reported to the House of Representatives by voice vote.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 25, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 502, the Land and
Water Conservation Fund Reauthorization and Fairness Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 502--Land and Water Conservation Fund Reauthorization and Fairness
Act
H.R. 502 would permanently authorize the annual deposit of
at least $900 million from various federal sources into the
Land and Water Conservation Fund (LWCF). Amounts in the fund
are used to acquire land and to make grants to states to
support outdoor recreation. The current authorization expires
on October 1, 2018.
The LWCF is permanently authorized to spend any amounts
deposited in the fund if they are subsequently appropriated. By
permanently authorizing deposits into the fund, H.R. 502 would
increase the amounts that are available for appropriation.
Assuming appropriations from the fund are provided at
historical levels, the fund has sufficient balances to cover
appropriations for the next five years. Therefore, CBO
estimates that the transfer would not increase spending subject
to appropriation.
The bill also would modify certain LWCF program
requirements and would direct the Department of the Interior
and the Department of Agriculture to develop a list of priority
projects to increase access to public lands. Using information
on the costs of similar tasks, CBO estimates that implementing
those provisions would cost less than $500,000; such spending
would be subject to the availability of appropriated funds.
Enacting H.R. 502 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 502 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 502 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would benefit state governments by permanently authorizing
federal assistance from the LWCF.
The CBO staff contacts for this estimate are Janani
Shankaran (for federal costs) and Jon Sperl (for mandates). The
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to permanently reauthorize the Land
and Water Conservation Fund.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. This bill contains no directed
rulemakings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 54, UNITED STATES CODE
* * * * * * *
SUBTITLE II--OUTDOOR RECREATION PROGRAMS
* * * * * * *
CHAPTER 2003--LAND AND WATER CONSERVATION FUND
* * * * * * *
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. 200304. Statement of estimated requirements
[There] (a) In General._There shall be submitted with the
annual budget of the United States a comprehensive statement of
estimated requirements during the ensuing fiscal year for
appropriations from the Fund. [Not less than 40 percent of such
appropriations shall be available for Federal purposes.]
(b) Allocation of Funds.--Of the total amount made available
to the Fund through appropriations and deposited into the fund
under section 105(a)(2)(B) of the Gulf of Mexico Energy
Security Act of 2006 (43 U.S.C. 1331 note)--
(1) not less than 40 percent of such amount shall be
used for Federal purposes under section 200306; and
(2) not less than 40 percent of such amount shall be
used to provide financial assistance to States under
section 200305.
Sec. 200305. Financial assistance to States
(a) Authority of Secretary To Make Payments.--The Secretary
may provide financial assistance to the States from amounts
available for State purposes. Payments may be made to the
States by the Secretary as provided in this section, subject to
such terms and conditions as the Secretary considers
appropriate and in the public interest to carry out the
purposes of this chapter, for outdoor recreation:
(1) Planning.
(2) Acquisition of land, water, or interests in land
or water.
(3) Development.
(b) Apportionment Among States.--Amounts appropriated and
available for State purposes for each fiscal year shall be
apportioned among the States by the Secretary, whose
determination shall be final, in accordance with the following
formula:
(1) Forty percent of the 1st $225,000,000; 30 percent
of the next $275,000,000; and 20 percent of all
additional appropriations shall be apportioned equally
among the States.
(2) At any time, the remaining appropriation shall be
apportioned on the basis of need to individual States
by the Secretary in such amounts as in the Secretary's
judgment will best accomplish the purposes of this
chapter. The determination of need shall include
consideration of--
(A) the proportion that the population of
each State bears to the total population of the
United States;
(B) the use of outdoor recreation resources
of each State by persons from outside the
State; and
(C) the Federal resources and programs in
each State.
(3) The total allocation to a State under paragraphs
(1) and (2) shall not exceed 10 percent of the total
amount allocated to all of the States in any one year.
(4) The Secretary shall notify each State of its
apportionments. The amounts shall be available for
payment to the State for planning, acquisition, or
development projects as prescribed. Any amount of any
apportionment that has not been paid or obligated by
the Secretary during the fiscal year in which the
notification is given and for 2 fiscal years thereafter
shall be reapportioned by the Secretary in accordance
with paragraph (2) without regard to the 10 percent
limitation to an individual State specified in this
subsection.
[(5) For the purposes of paragraph (1), the District
of Columbia, Puerto Rico, Guam, American Samoa, the
Virgin Islands, and the Northern Mariana Islands shall
be deemed to be one State, and shall receive shares of
the apportionment in proportion to their populations.]
(c) Matching Requirements.--Payments to any State shall cover
not more than 50 percent of the cost of planning, acquisition,
or development projects that are undertaken by the State. The
remaining share of the cost shall be borne by the State in a
manner and with funds or services as shall be satisfactory to
the Secretary.
(d) Comprehensive State Plan.--
(1) Required for consideration of financial
assistance.--A comprehensive statewide outdoor
recreation plan shall be required prior to the
consideration by the Secretary of financial assistance
for acquisition or development projects. The plan shall
be adequate if, in the judgment of the Secretary, it
encompasses and will promote the purposes of this
chapter. No plan shall be approved unless the chief
executive official of the State certifies that ample
opportunity for public participation in plan
development and revision has been accorded. The
Secretary shall develop, in consultation with others,
criteria for public participation, which criteria shall
constitute the basis for the certification by the chief
executive official. The plan shall contain--
(A) the name of the State agency that will
have authority to represent and act for the
State in dealing with the Secretary for
purposes of this chapter;
(B) an evaluation of the demand for and
supply of outdoor recreation resources and
facilities in the State;
(C) a program for the implementation of the
plan; and
(D) other necessary information, as
determined by the Secretary.
(2) Factors to be considered.--The plan shall take
into account relevant Federal resources and programs
and shall be correlated so far as practicable with
other State, regional, and local plans. Where there
exists or is in preparation for any particular State a
comprehensive plan financed in part with funds supplied
by the Secretary of Housing and Urban Development, any
statewide outdoor recreation plan prepared for purposes
of this part shall be based on the same population,
growth, and other pertinent factors as are used in
formulating plans financed by the Secretary of Housing
and Urban Development.
(3) Provision of assistance when plan not otherwise
available or to maintain plan.--The Secretary may
provide financial assistance to any State for projects
for the preparation of a comprehensive statewide
outdoor recreation plan when the plan is not otherwise
available or for the maintenance of the plan.
(4) Wetlands.--A comprehensive statewide outdoor
recreation plan shall specifically address wetlands
within the State as an important outdoor recreation
resource as a prerequisite to approval, except that a
revised comprehensive statewide outdoor recreation plan
shall not be required by the Secretary, if a State
submits, and the Secretary, acting through the
Director, approves, as a part of and as an addendum to
the existing comprehensive statewide outdoor recreation
plan, a wetlands priority plan developed in
consultation with the State agency with responsibility
for fish and wildlife resources and consistent with the
national wetlands priority conservation plan developed
under section 301 of the Emergency Wetlands Resources
Act of 1986 (16 U.S.C. 3921) or, if the national plan
has not been completed, consistent with the provisions
of that section.
(e) Projects for Land and Water Acquisition and Development
of Basic Outdoor Recreation Facilities.--
(1) In general.--In addition to assistance for
planning projects, the Secretary may provide financial
assistance to any State for the types of projects
described in paragraphs (2) and (3), or combinations of
those projects, if the projects are in accordance with
the State comprehensive plan.
(2) Acquisition of land or water.--
(A) In general.--Under paragraph (1), the
Secretary may provide financial assistance for
a project for the acquisition of land, water,
or an interest in land or water, or a wetland
area or an interest in a wetland area, as
identified in the wetlands provisions of the
comprehensive plan (other than land, water, or
an interest in land or water acquired from the
United States for less than fair market value),
but not including incidental costs relating to
acquisition.
(B) Retention of right of use and
occupancy.--When a State provides that the
owner of a single-family residence may, at the
owner's option, elect to retain a right of use
and occupancy for not less than 6 months after
the date of acquisition of the residence and
the owner elects to retain such a right--
(i) the owner shall be deemed to have
waived any benefits under sections 203
to 206 of the Uniform Relocation
Assistance and Real Property
Acquisition Policies Act of 1970 (42
U.S.C. 4623 to 4626); and
(ii) for the purposes of those
sections the owner shall not be deemed
to be a displaced person as defined in
section 101 of that Act (42 U.S.C.
4601).
(3) Development of basic outdoor recreation
facilities.--Under paragraph (1), the Secretary may
provide financial assistance for a project for
development of basic outdoor recreation facilities to
serve the general public, including the development of
Federal land under lease to States for terms of 25
years or more. No assistance shall be available under
this chapter to enclose or shelter a facility normally
used for an outdoor recreation activity, but the
Secretary may permit local funding, not to exceed 10
percent of the total amount allocated to a State in any
one year, to be used for construction of a sheltered
facility for a swimming pool or ice skating rink in an
area where the Secretary determines that the
construction is justified by the severity of climatic
conditions and the increased public use made possible
by the construction.
(f) Payments.--
(1) Criteria for making payments.--The Secretary may
make a payment to a State only for a planning,
acquisition, or development project that is approved by
the Secretary. The Secretary shall not make a payment
for or on account of any project with respect to which
financial assistance has been given or promised under
any other Federal program or activity, and no financial
assistance shall be given under any other Federal
program or activity for or on account of any project
with respect to which the assistance has been given or
promised under this chapter. The Secretary may make
payments from time to time in keeping with the rate of
progress toward the satisfactory completion of a
project. The approval of all projects and all payments,
or any commitments relating thereto, shall be withheld
until the Secretary receives appropriate written
assurance from the State that the State has the ability
and intention to finance its share of the cost of all
of the projects, and to operate and maintain by
acceptable standards, at State expense, the properties
or facilities acquired or developed for public outdoor
recreation use.
(2) Payment recipients.--Payments for all projects
shall be made by the Secretary to the chief executive
official of the State or to a State official or agency
designated by the chief executive official or by State
law having authority and responsibility to accept and
to administer funds paid under this section for
approved projects. If consistent with an approved
project, funds may be transferred by the State to a
political subdivision or other appropriate public
agency.
(3) Conversion to other than public outdoor
recreation use.--No property acquired or developed with
assistance under this section shall, without the
approval of the Secretary, be converted to other than
public outdoor recreation use. The Secretary shall
approve a conversion only if the Secretary finds it to
be in accordance with the then-existing comprehensive
statewide outdoor recreation plan and only on such
conditions as the Secretary considers necessary to
ensure the substitution of other recreation properties
of at least equal fair market value and of reasonably
equivalent usefulness and location. Wetland areas and
interests therein as identified in the wetlands
provisions of the comprehensive plan and proposed to be
acquired as suitable replacement property within the
same State that is otherwise acceptable to the
Secretary, acting through the Director, shall be deemed
to be of reasonably equivalent usefulness with the
property proposed for conversion.
(4) Reports and accounting procedures.--No payment
shall be made to any State until the State has agreed
to--
(A) provide such reports to the Secretary in
such form and containing such information as
may be reasonably necessary to enable the
Secretary to perform the Secretary's duties
under this chapter; and
(B) provide such fiscal control and fund
accounting procedures as may be necessary to
ensure proper disbursement and accounting for
Federal funds paid to the State under this
chapter.
(g) Records.--A recipient of assistance under this chapter
shall keep such records as the Secretary shall prescribe,
including records that fully disclose--
(1) the amount and the disposition by the recipient
of the proceeds of the assistance;
(2) the total cost of the project or undertaking in
connection with which the assistance is given or used;
and
(3) the amount and nature of that portion of the cost
of the project or undertaking supplied by other
sources, and such other records as will facilitate an
effective audit.
(h) Access to Records.--The Secretary, and the Comptroller
General, or any of their duly authorized representatives, shall
have access for the purpose of audit and examination to any
records of the recipient that are pertinent to assistance
received under this chapter.
(i) Prohibition of Discrimination.--With respect to property
acquired or developed with assistance from the Fund,
discrimination on the basis of residence, including
preferential reservation or membership systems, is prohibited
except to the extent that reasonable differences in admission
and other fees may be maintained on the basis of residence.
(j) Coordination With Federal Agencies.--To ensure
consistency in policies and actions under this chapter with
other related Federal programs and activities and to ensure
coordination of the planning, acquisition, and development
assistance to States under this section with other related
Federal programs and activities--
(1) the President may issue such regulations with
respect thereto as the President considers desirable;
and
(2) the assistance may be provided only in accordance
with the regulations.
(k) Capital Improvement and Other Projects To Reduce Crime.--
(1) Availability and purpose of funds.--In addition
to assistance for planning projects, and in addition to
the projects identified in subsection (e), and from
amounts appropriated out of the Violent Crime Reduction
Trust Fund, the Secretary may provide financial
assistance to the States, not to exceed $15,000,000,
for projects or combinations thereof for the purpose of
making capital improvements and other measures to
increase safety in urban parks and recreation areas,
including funds to--
(A) increase lighting within or adjacent to
public parks and recreation areas;
(B) provide emergency telephone lines to
contact law enforcement or security personnel
in areas within or adjacent to public parks and
recreation areas;
(C) increase security personnel within or
adjacent to public parks and recreation areas;
and
(D) fund any other project intended to
increase the security and safety of public
parks and recreation areas.
(2) Eligibility.--In addition to the requirements for
project approval imposed by this section, eligibility
for assistance under this subsection shall depend on a
showing of need. In providing funds under this
subsection, the Secretary shall give priority to
projects proposed for urban parks and recreation areas
with the highest rates of crime and, in particular, to
urban parks and recreation areas with the highest rates
of sexual assault.
(3) Federal share.--Notwithstanding subsection (c),
the Secretary may provide 70 percent improvement grants
for projects undertaken by a State for the purposes
described in this subsection.
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.--
(1) In general.--Of the amounts made available for
expenditure in any fiscal year under section 200303,
not less than the greater of 3 percent of the amounts
or $20,000,000 shall be made available for projects
identified on the priority list developed under
paragraph (2).
(2) Priority list.--The Secretary of the Interior and
the Secretary of Agriculture, in consultation with the
head of each affected Federal agency, shall annually
develop a priority list for projects related to Federal
land under the jurisdiction of the applicable
Secretary.
(3) Criteria.--Projects identified on the priority
list developed under paragraph (2) shall--
(A) maintain or increase public access to
existing Federal public land for hunting,
fishing, recreational shooting, or other
outdoor recreational purposes through
acquisition of rights-of-way or acquisition of
land (or any interest in land), including
through equal value land exchanges; or
(B) enhance, maintain, or restore access on
existing trails or rights-of-way.
* * * * * * *
ADDITIONAL VIEWS
H.R. 502 permanently authorizes the Land and Water
Conservation Fund (LWCF), a popular bipartisan program that
invests revenues from energy exploration into the conservation
of land and water resources throughout the country. This
program originated the idea that we should reinvest the profit
from the exploitation of one resource into the conservation of
another, and the fact that this bill has 240 bipartisan
cosponsors--well over a majority of the House of
Representatives--demonstrates that Americans overwhelmingly
support LWCF.
At markup, the committee adopted an amendment in the nature
of a substitute (ANS) offered by Chairman Bishop. The ANS is
the product of bipartisan negotiations and represents a modest
compromise designed to ensure a permanent future for LWCF.
Most importantly, the ANS establishes a 40% guarantee for
state and local grants, a program administered by the National
Park Service commonly referred to as stateside LWCF, that
provides financial assistance to states and local governments
for the development of parks, recreation facilities and the
preservation of open space. These grants have a huge impact and
have always been a critical component of LWCF. However, a
strict guarantee for state grants, without some assurance that
LWCF priorities like Federal land acquisition are not
significantly impacted, has been a recent sticking point in
negotiations over the future of LWCF. The initial resistance to
establishing a guaranteed minimum for state grants is due in
part to the fact that it is the only portion of LWCF that
currently receives any guaranteed money.
Following the adoption of the Gulf of Mexico Energy
Security Act of 2009 (GOMESA), the stateside program began
receiving mandatory appropriations from the proceeds of certain
oil and gas leases in the Gulf of Mexico. Over the last ten
years it has received $75 million in mandatory spending--a
number that, given the current price of oil and state of
development in the Gulf of Mexico, is only expected to
increase. In fact, the Department of the Interior estimates
that the state grant program will receive approximately $850
million to $1 billion in mandatory dollars over the next ten
years. This revenue stream, which is over and above the $900
million annually deposited (when it's authorized) into LWCF, is
available without any further action by Congress. All other
LWCF spending is discretionary and subject to the annual
appropriation process, so any guarantee for the stateside
program that doesn't account for the mandatory GOMESA money
could unfairly disadvantage other programs. The ANS resolves
this concern by requiring Congress to account for all money
directed into LWCF when it calculates the new 40% guarantee.
This strikes a fair balance that protects the integrity of
LWCF.
The ANS also includes language adopted from H.R. 4179--Rep.
Bordallo's legislation that ensures parity for the territories
and the District of Columbia--and increases the recreation set-
aside included in the underlying bill from 1.5% to 3%. The
recreation set-aside is a guarantee that money will be used to
promote access for sportsmen and other recreational users--
something that is a priority for both sides of the aisle. We
are happy to work with the Chairman to increase guarantee for
recreation access. To that end, we would like to continue
refining the language regarding trails and rights-of-way to
verify that the intended use is specifically to promote
recreation access.\1\ There may be additional details of the
proposal that still need to be smoothed over, but we view this
as an equitable solution that provides some certainty for state
grants and ensures other programs funded by LWCF are not
jeopardized.
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\1\Sec. 2(d)(3)(B) authorizes the Secretary, in developing the
priority list for recreation access, to include projects that
``enhance, maintain, or restore access on existing trails or rights-of-
way.'' This language should be clear that it is intended to promote
access for recreation, not any other types of activities.
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Unfortunately, despite the broad popularity of LWCF, a
series of Republican amendments offered by Representatives
Gosar, Westerman, and McClintock attempted to disrupt and limit
the reach of the program. Fortunately, these amendments were
defeated and the bill, as amended, was ordered to be reported
by voice vote. We look forward to working with the Chairman to
provide a permanent future for LWCF.
Raul M. Grijalva,
Ranking Member, Committee on
Natural Resources.
Grace F. Napolitano.
Nanette Diaz Barragan.
Wm. Lacy Clay.
Jared Huffman.
Colleen Hanabusa.
DISSENTING VIEWS
H.R. 502 permanently reauthorizes the Land and Water
Conservation Fund (LWCF) to the tune of $900 million annually.
The bill that passed the House Committee on Natural Resources
seeks to accomplish this while making only one significant
change to LWCF, despite the program having accumulated several
significant flaws over the years.
Specifically, the amendment in the nature of a substitute
(ANS) offered by Chairman Bishop requires that 40 percent of
funds made available for LWCF are allocated to Federal purposes
and that 40 percent are allocated to stateside programs. Given
that the stateside program has sunk to as low as 12 percent of
total LWCF funding, this is a step in the right direction.\1\
However, the original 1965 law ensured 60 percent of LWCF money
went to states and 40 percent went to the federal government.
``It turns out that the 60-40 split was not very controversial
in the mid-1970s, according to an E&E Daily review of roughly a
dozen hearing transcripts, committee reports, floor debates and
conference reports. In fact, the original funding formula was
endorsed by Democratic-led committees in both chambers, as well
as the Sierra Club.''\2\ Moving away from the initial 60-40
formula when LWCF was initially reauthorized has proven to be
erroneous. States and local communities on the ground are in
most instances better stewards of the taxpayer dollar than a
faraway bureaucracy in Washington, D.C. The percentage of LWCF
revenues allocated to stateside programs should be further
increased.
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\1\https://dailycaller.com/2018/10/09/land-and-water-conservation/
\2\Phil Taylor. How states lost the battle for LWCF cash. E&E News.
November 4, 2015.
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According to the nonpartisan Congressional Research Service
(CRS), the federal government now owns nearly 640 million acres
of land and water.\3\ The fact that the federal government owns
more than 45% of the land in 11 Western States presents major
challenges for the people living in and around the federally-
controlled land. As massive as those figures are, they don't
even include all of the acreage designated as national
monuments. Over the past century, Presidents have utilized the
Antiquities Act 233 times to designate 840 million acres of
land and water as national monuments. The Obama Administration
alone locked up more than 553 million acres of land and water
through the Antiquities Act.
---------------------------------------------------------------------------
\3\Katie Hoover. The Federal Land Management Agencies. (CRS In
Focus No. IF10585). Washington, DC: Congressional Research Service,
2018.
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While we support many aspects of LWCF, including increasing
sportsmen's access and consolidating checkerboards of land, we
have become frustrated over the years that extremist groups
have hijacked parts of LWCF to lockup more land and water and
prohibit such properties from multiple-use. CRS reported in
2015, ``On average over the last five years, $184 million was
provided for federal land acquisition under LWCF.''\4\ Further,
in 2018 CRS reported that of $18.4 billion appropriated through
fiscal year 2018 for LWCF, a staggering $11.2 billion has been
utilized to acquire more federal land.\5\
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\4\Carol Hardy Vincent. Land and Water Conservation Fund: Overview,
Funding History, and Issues (CRS Report No. RL33531). Washington, DC:
Congressional Research Service. June 17, 2015.
\5\Carol Hardy Vincent. Land and Water Conservation Fund: Overview,
Funding History, and Issues (CRS Report No. RL33531). Washington, DC:
Congressional Research Service. August 17, 2018.
---------------------------------------------------------------------------
The Trump Administration, to its credit, proposed to reduce
land acquisition to $8 million for fiscal year 2019, down from
the $154 million that appropriators provided the previous
fiscal year. Despite requests by the Administration to slow the
unsustainable growth of the federal estate, appropriators
continue to provide hundreds of millions each year for new
federal land acquisition. Given the Department of the
Interior's (DOI) total deferred maintenance backlog currently
exceeds $16 billion,\6\ the federal government should not be
spending hundreds of millions of dollars each fiscal year on
new land acquisition. Any reauthorization of LWCF should limit
new federal land acquisition. An amendment offered by Committee
Vice-Chairman Louie Gohmert that received 11 votes at the
markup attempted to limit land acquisition in the West as well
as the overall percentage of LWCF dollars that can be used for
new land acquisition.
---------------------------------------------------------------------------
\6\NPS. ``National Park Service Asset Inventory Summary'' Data as
of September 30, 2017. https://www.nps.gov/subjects/
plandesignconstruct/upload/FY17-Asset-Inventory-Summary-AIS-
Servicewide_Report_508-3.pdf.
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When considering LWCF reauthorization, directing portions
of the revenues in the fund to the Payments In Lieu of Taxes
(PILT) program should be part of the discussion. There is
precedent for such action. In 2000, nearly $50 million went to
PILT from the LWCF account. PILT was first signed into law in
October 1976 and was created to compensate local governments
for large quantities of un-taxable federal lands within their
jurisdiction. Given more than $11 billion from LWCF has been
used for new land acquisition, it only makes sense that a
portion of LWCF dollars should be used to compensate local
communities for the reduction of economic development
opportunities and value-based taxation within their borders as
a result of such acquisitions. We would also note the PILT
lawsuit that originated in Kane County, Utah and the
implication that counties have been shortchanged of PILT
payments to which they are entitled. Directing funds from the
LWCF account to PILT would help ensure a reliable source of
funding for the PILT program.\7\
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\7\https://www.naco.org/articles/pilt-counties-feds-my-owe-you-
money.
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There are many problems associated with consideration of
permanent and mandatory LWCF spending to the tune of $900
million. House Leadership rules don't allow for authorizations
longer than seven years.\8\ According to the nonpartisan
Congressional Research Service, from the origin of LWCF in
fiscal year 1965 until fiscal year 1998, the discretionary
total seldom reached $400 million, surpassing this level only
in four years.\9\ Further, the average amount appropriated into
law to the LWCF for the last 15 fiscal years is $364.6 million.
An amendment introduced by Subcommittee Chair Paul Gosar that
reduced the LWCF authorization level to $425 million received
10 votes from the Committee. Further, Chairman Bishop recently
cautioned the Senate against requiring mandatory annual
spending for the Land and Water Conservation Fund.\10\
---------------------------------------------------------------------------
\8\https://rules.house.gov/115th-congress-legislative-protocols.
\9\Carol Hardy Vincent. Land and Water Conservation Fund: Overview,
Funding History, and Issues (CRS Report No. RL33531). Washington, DC:
Congressional Research Service. August 17, 2018.
\10\Kellie Lunney. ICYMI: Mandatory LWCF Spending Would `Blow' Up
Bill--Bishop. E&E News. September 27, 2018.
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The Fifth Amendment states that no person can ``be deprived
of life, liberty, or property, without due process of law; nor
shall private property be taken for public use, without just
compensation.'' Condemnation and eminent domain grossly violate
this most basic American right. Chairman Bishop has previously
pointed out that LWCF funds have been used for at least six
controversial eminent domain projects.\11\ LWCF needs to be
reformed to ensure private property rights are properly
protected. Accordingly, LWCF dollars utilized for non-federal
lands should be used for easements and to purchase property
from willing sellers, not to seize private property through
eminent domain.
---------------------------------------------------------------------------
\11\Rob Bishop. Guest column: Land and Water Conservation Fund
needs reform to meet original goal. America's State Parks. August 7,
2016.
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Any reauthorization of LWCF should these reforms. Failure
to do so may result in the loss of support from dissenting
views signers and our other colleagues in the House. Finally,
we must register a procedural objection to the Committee giving
Members a little over 12 hours' notice for this markup and to
review bill text and to draft amendments. This deviation is all
the more striking for being out for character of the Committee.
We request such breaches of protocol not be repeated.
Sincerely,
Paul A. Gosar.
Tom McClintock.
Daniel Webster.
Doug LaMalfa.
Louie Gohmert.
Liz Cheney.
[all]