II 

Calendar No. 709 

115TH CONGRESS 

2D SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2017 

Ms. CANTWELL (for herself, Mr. BURR, Mr. WYDEN, Mrs. FEINSTEIN, Mr. 

SANDERS, Mr. TESTER, Ms. STABENOW, Mr. HEINRICH, Mr. MANCHIN, 

Mr. FRANKEN, Mr. MARKEY, Ms. HIRONO, Mr. MERKLEY, Mr. SCHATZ, 

Ms. KLOBUCHAR, Ms. BALDWIN, Mr. BENNET, Mr. CARDIN, Mr. CASEY, 

Mrs. GILLIBRAND, Mrs. SHAHEEN, Mr. COONS, Mr. UDALL, Mr. DURBIN, Mr. ALEXANDER, Ms. HASSAN, Mr. PETERS, Ms. WARREN, Mr. 

BLUMENTHAL, Ms. HARRIS, Mr. VAN HOLLEN, Mr. NELSON, Ms. CORTEZ MASTO, Ms. DUCKWORTH, Mr. MURPHY, Mr. MENENDEZ, Mr. 

BOOKER, Ms. COLLINS, Mr. KAINE, Mr. KING, Mr. JONES, Ms. SMITH, 

Mrs. MURRAY, Mr. BROWN, Mr. GARDNER, Mr. GRAHAM, Mr. DAINES, 

Mr. DONNELLY, Mr. LEAHY, Mr. WARNER, and Mr. SCHUMER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

DECEMBER 4, 2018 

Reported by Ms. MURKOWSKI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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 


pbinns on DSK79D2C42PROD with BILLS
2 

•S 569 RS

effectiveness of the Fund for future generations, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Land and Water Con5 servation Authorization and Funding Act’’. 

6 SEC. 2. PERMANENT AUTHORIZATION AND FULL FUNDING 

7 OF THE LAND AND WATER CONSERVATION 

8 FUND. 

9 (a) AUTHORIZATION.—Section 200302 of title 54, 

10 United States Code, is amended— 

11 (1) in subsection (b), in the matter preceding 

12 paragraph (1), by striking ‘‘During the period end13 ing September 30, 2018, there’’ and inserting 

14 ‘‘There’’; and 

15 (2) in subsection (c)(1), by striking ‘‘through 

16 September 30, 2018’’. 

17 (b) FULL FUNDING.— 

18 (1) IN GENERAL.—Section 200303 of title 54, 

19 United States Code, is amended to read as follows: 

20 ‘‘§ 200303. Availability of funds 

21 ‘‘(a) IN GENERAL.—Amounts deposited in the Fund 

22 under section 200302 shall be made available for expendi23 ture, without further appropriation or fiscal year limita24 tion, to carry out the purposes of the Fund (including acVerDate Sep 11 2014 23:31 Dec 04, 2018 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S569.RS S569

pbinns on DSK79D2C42PROD with BILLS
3 

•S 569 RS

1 counts and programs made available from the Fund under 

2 the Consolidated and Further Continuing Appropriations 

3 Act, 2015 (Public Law 113–235)). 

4 ‘‘(b) ADDITIONAL AMOUNTS.—Amounts made avail5 able under subsection (a) shall be in addition to amounts 

6 made available to the Fund under section 105 of the Gulf 

7 of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 

8 note; Public Law 109–432) or otherwise appropriated 

9 from the Fund. 

10 ‘‘(c) ALLOCATION AUTHORITY.— 

11 ‘‘(1) SUBMISSION OF COST ESTIMATES.—The 

12 President shall submit to Congress detailed account, 

13 program, and project allocations to be funded under 

14 subsection (a) as part of the annual budget submis15 sion of the President. 

16 ‘‘(2) ALTERNATE ALLOCATION.— 

17 ‘‘(A) IN GENERAL.—Appropriations Acts 

18 may provide for alternate allocation of amounts 

19 made available under subsection (a), including 

20 allocations by account and program. 

21 ‘‘(B) ALLOCATION BY PRESIDENT.— 

22 ‘‘(i) NO ALTERNATE ALLOCATIONS.— 

23 If Congress has not enacted legislation es24 tablishing alternate allocations by the date 

25 that is 120 days after the date on which 


pbinns on DSK79D2C42PROD with BILLS
4 

•S 569 RS

1 the applicable fiscal year begins, amounts 

2 made available under subsection (a) shall 

3 be allocated by the President. 

4 ‘‘(ii) INSUFFICIENT ALTERNATE AL5 LOCATION.—If Congress enacts legislation 

6 establishing alternate allocations for 

7 amounts made available under subsection 

8 (a) that are less than the full amount ap9 propriated under that subsection, the dif10 ference between the amount appropriated 

11 and the alternate allocation shall be allo12 cated by the President. 

13 ‘‘(3) ANNUAL REPORT.—The President shall 

14 submit to Congress an annual report that describes 

15 the final allocation by account, program, and project 

16 of amounts made available under subsection (a), in17 cluding a description of the status of obligations and 

18 expenditures.’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions for chapter 2003 of title 54, United States 

21 Code, is amended by striking the item relating to 

22 section 200303 and inserting the following: 

‘‘200303. Availability of funds.’’. 

23 (c) PUBLIC ACCESS.—Section 200306 of title 54, 

24 United States Code, is amended by adding at the end the 

25 following: 


pbinns on DSK79D2C42PROD with BILLS
5 

•S 569 RS

1 ‘‘(c) PUBLIC ACCESS.—Not less than 1.5 percent of 

2 the annual authorized funding amount shall be made 

3 available each year for projects that secure recreational 

4 public access to existing Federal public land for hunting, 

5 fishing, or other recreational purposes.’’. 

6 SECTION 1. SHORT TITLE. 

7 This Act may be cited as the ‘‘Land and Water Con8 servation Authorization and Funding Act’’. 

9 SEC. 2. PERMANENT AUTHORIZATION AND FULL FUNDING 

10 OF THE LAND AND WATER CONSERVATION 

11 FUND. 

12 (a) AUTHORIZATION.—Section 200302 of title 54, 

13 United States Code, is amended— 

14 (1) in subsection (b), in the matter preceding 

15 paragraph (1), by striking ‘‘During the period ending 

16 September 30, 2018, there’’ and inserting ‘‘There’’; 

17 and 

18 (2) in subsection (c)— 

19 (A) in paragraph (1), by striking ‘‘through 

20 September 30, 2018’’; and 

21 (B) by striking paragraph (3). 

22 (b) FULL FUNDING.— 

23 (1) IN GENERAL.—Section 200303 of title 54, 

24 United States Code, is amended to read as follows: 


pbinns on DSK79D2C42PROD with BILLS
6 

•S 569 RS

1 ‘‘§ 200303. Availability of funds 

2 ‘‘(a) IN GENERAL.—For fiscal year 2019 and each fis3 cal year thereafter, amounts deposited in the Fund under 

4 section 200302 shall be made available for expenditure, 

5 without further appropriation or fiscal year limitation, to 

6 carry out the purposes of the Fund (including accounts and 

7 programs made available from the Fund under the Consoli8 dated and Further Continuing Appropriations Act, 2015 

9 (Public Law 113–235)). 

10 ‘‘(b) ADDITIONAL AMOUNTS.—Amounts made avail11 able under subsection (a) shall be in addition to amounts 

12 made available to the Fund under section 105 of the Gulf 

13 of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 

14 note; Public Law 109–432) or otherwise appropriated from 

15 the Fund. 

16 ‘‘(c) ALLOCATION AUTHORITY.— 

17 ‘‘(1) SUBMISSION OF COST ESTIMATES.—The 

18 President shall submit to Congress detailed account, 

19 program, and project allocations to be funded under 

20 subsection (a) as part of the annual budget submis21 sion of the President. 

22 ‘‘(2) ALTERNATE ALLOCATION.— 

23 ‘‘(A) IN GENERAL.—Appropriations Acts 

24 may provide for alternate allocation of amounts 

25 made available under subsection (a), including 

26 allocations by account and program. 


pbinns on DSK79D2C42PROD with BILLS
7 

•S 569 RS

1 ‘‘(B) ALLOCATION BY PRESIDENT.— 

2 ‘‘(i) NO ALTERNATE ALLOCATIONS.—If 

3 Congress has not enacted legislation estab4 lishing alternate allocations by the date that 

5 is 120 days after the date on which the ap6 plicable fiscal year begins, amounts made 

7 available under subsection (a) shall be allo8 cated by the President. 

9 ‘‘(ii) INSUFFICIENT ALTERNATE ALLO10 CATION.—If Congress enacts legislation es11 tablishing alternate allocations for amounts 

12 made available under subsection (a) that 

13 are less than the full amount appropriated 

14 under that subsection, the difference between 

15 the amount appropriated and the alternate 

16 allocation shall be allocated by the Presi17 dent. 

18 ‘‘(3) ANNUAL REPORT.—The President shall sub19 mit to Congress an annual report that describes the 

20 final allocation by account, program, and project of 

21 amounts made available under subsection (a), includ22 ing a description of the status of obligations and ex23 penditures.’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions for chapter 2003 of title 54, United States Code, 


pbinns on DSK79D2C42PROD with BILLS
8 

•S 569 RS

1 is amended by striking the item relating to section 

2 200303 and inserting the following: 

‘‘200303. Availability of funds.’’. 

3 (c) PUBLIC ACCESS.—Section 200306 of title 54, 

4 United States Code, is amended by adding at the end the 

5 following: 

6 ‘‘(c) PUBLIC ACCESS.—Not less than 1.5 percent of the 

7 annual authorized funding amount shall be made available 

8 each year for projects that secure recreational public access 

9 to existing Federal public land for hunting, fishing, or other 

10 recreational purposes.’’. 

11 SEC. 3. REPORT. 

12 (a) REPORT.—Not later than 1 year after the date of 

13 enactment of this Act, and every year thereafter, the Sec14 retary of the Interior and the Secretary of Agriculture shall 

15 jointly submit to Congress a report that describes the 

16 amounts from the Land and Water Conservation Fund es17 tablished under section 200302 of title 54, United States 

18 Code (referred to in this section as the ‘‘Fund’’), that were 

19 expended in each State in the previous year. 

20 (b) REQUIREMENT.—The report under subsection (a) 

21 shall include a breakdown of all programs and activities 

22 for which amounts were expended in a State, including— 

23 (1) Federal land acquisitions; 

24 (2) State grants, including competitive State 

25 grants; and 


pbinns on DSK79D2C42PROD with BILLS
9 

•S 569 RS

1 (3) all other programs and activities that use 

2 amounts from the Fund. 


pbinns on DSK79D2C42PROD with BILLS
Calendar No. 709 

115TH CONGRESS 

2D SESSION S. 569 

A BILL 

To amend title 54, United States Code, to provide 

for future generations, and for other purposes. Fund to maximize the effectiveness of the Fund funding of, the Land and Water Conservation consistent and reliable authority for, and for the 

DECEMBER 4, 2018 

Reported with an amendment 


pbinns on DSK79D2C42PROD with BILLS