89–006 

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: 

2 

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. 

‘‘(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-ofway.’’. 

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. 

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 

3 

2 Carol Hardy Vincent. Land and Water Conservation Fund: Appropriations for ‘‘Other Purposes’’ (CRS Report R44121). Washington, DC: Congressional Research Service, 2018. 

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

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 

Rau ́l 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: 

4 


Insert offset folio 5 here HR1091.001

Date: 09.13.18 10:45 a.m. 

Committee on Natural Resources 

U.S. House of Representatives 

!15th Congress 

Recorded Vote II: I 

Meeting on I Amendment on: FC Markup Gosar [130] to the ANS to HR 502 (Rep. Raul M. Grijalva) 

MEMBERS Yes No Pres MEMBERS Yes 

Mr. Bishop, UT, Chairman X Mr.Cook,CA 

Mr. Grijalva, AZ, Ranking Member X Mr. McEachin, VA 

Mr. Young, AK. Chairman Emeritus Mr. Westerman, AR X 

Mrs. Napolitano, CA X Mr. Brown, MD 

Mr. Gobmert, TX, Vice Chairman X Mr. Graves, LA X 

Ms. Bordallo, Guam X Mr. Clay, MO 

Mr. Lamborn, CO X Mr.Hice,GA 

Mr. Costa, CA X lvfr. Gomez, CA 

Mr. Wittman, VA X Mrs. Radewagen, AS 

Mr. Sablan, CNMI 1\1s. Ve!Gzquez, NY 

Mr. McClintock, CA X Mr. Webster, FL X 

Ms. Tsongas, MA X Mr. Bergman, MI 

Mr. Pearce, NM Ms. Cheney, WY X 

Mr. Hujjinan, CA X Mr. Johnson, LA 

Mr. Thompson, PA Ms. Gonzalez-Colon, PR 

Mr. Lowenthal, CA X Mr. Gianforte, MT 

Mr. Gosar, AZ X Mr. Curtis, UT 

Mr. Beyer, VA X 

Mr. Labrador, ID 

Mr. Gallego, AZ X 

Mr. Tipton, CO 

Ms. Hanabusa, HI X 

Mr. LaMalfa, CA X 

Ms. Barral(im, CA X 

Mr. Denham, CA 

Mr. Soto, FL X TOTAL: 10 

No Pres 

X 

X 

X 

X 

X 

18 
5 

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: 

6 


Insert offset folio 7 here HR1091.002

Date: 09.13.18 

Committee on Natural Resources 

U.S. House of Representatives 

I 15th Congress 

Recorded Vote #:2 

Meeting on I Amendment on: FC Markup Gosar [270; 8:17A.M.] to the ANS to HR 502 (Rep. Raul M. Grijalva) 

MEMBERS Yes !lio Pres MEMBERS Yes No 

Mr. Bishop, UT, Chairman X Mr.Cook,CA 

Mr. Grijalva, AZ. Ranking Member X Mr. McEachin, VA X 

Mr. Young, AK, Chairman Emeritus Mr. Westerman, AR X 

Mrs. Napolitano, CA X Mr. Brown, MD 

Mr. Gohmert, TX, Vice Chairman X Mr. Graves, LA X 

Ms. Bordal/o, Guam X Mr. Clay,MO 

Mr. Lamborn, CO X Mr. Hice,GA 

Mr. Costa, CA X klr. Gomez, CA X 

Mr. Wittman, VA X Mrs. Radewagen, AS X 

Mr. Sablan, CNMI Ms. Velcizquez, NY 

Mr. McClintock, CA X Mr. Webster, FL X 

Ms. Tsongas, MA X Mr. Bergman, MI X 

Mr. Pearce, NM Ms. Cheney, WY X 

Mr. Huifinan. CA X Mr. Johnson, LA 

Mr. Thompson, PA X Ms. Gonzalez-Colon, PR X 

Mr. Lowenthal, CA X Mr. Gianforte, MT X 

Mr. Gosar, AZ X Mr. Curtis, UT X 

Mr. Beyer, VA X 

Mr. Labrador, ID 

Mr. Galle?;o, AZ X 

Mr. Tipton, CO 

!vls. Hanahusa, HI X 

Mr. LaMalfa, CA X 

Ms. Barragan. CA X 

Mr. Denham, CA 

Mr. Soto, FL X TOTAL: 11 20 

Pres 
7 

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: 

8 


Insert offset folio 9 here HR1091.003

Committee on Natnral Resources 

U.S. House of Representatives 

!15th Congress 

Date: 09.13.18 Recorded Vote#:3 

Meeting on I Amendment on: FC Markup Gosar [272] to the ANS to HR 502 (Rep. Raul M. Grijalva) 

MEMBERS Yes No Pres MEMBERS Yes 

Mr. Bishop, UT, Chairman X Mr.Cook,CA 

Alr. Grijalva, AZ, Ranking Member X Mr. McEachin, VA 

Mr. Young, AK, Chairman Emeritus Mr. Westerman, AR 

Mrs. Napolitano, CA X Mr. Brown, MD 

Mr. Gohmert, TX, Vice Chairman X Mr. Graves, LA 

Ms. Bordallo, Guam X Mr. Clay, MO 

Mr. Lamborn, CO X Mr. Hice,GA 

Mr. Costa, CA X Mr. Gomez, CA 

Mr. Wittman, VA X Mrs, Radewagen, AS 

Mr. Sablan, CNMJ Ms. Velazquez, NY 

Mr. McClintock, CA X Mr. Webster, FL X 

Ms. Tsongas, MA X Mr. Bergman, MI X 

Mr. Pearce, NM Ms. Cheney, WY X 

Mr. Huffman, CA X Mr. ,Johnson, LA 

Mr. Thompson, PA X Ms. Gonzalez-ColOn, PR 

Mr. Lowenthal, CA X Mr. Gianforte, MT 

Mr. Gosar, AZ X Mr. Curtis, UT 

Mr. Beyer, VA X 

Mr. Labrador, ID 

lvfr. Gallego, AZ X 

Mr. Tipton, CO 

lvfs. Hanabusa, HI X 

Mr. LaMalfa, CA X 

Ms. Barragim, C"'A X 

Mr. Denham, CA 

Mr. Solo, FL X TOTAL: 10 

No Pres 

X 

X 

X 

X 

X 

X 

X 

X 

21 
9 

Congressman Gosar offered an amendment designated 115; it 

was not adopted by a roll call vote of 11 yeas and 19 nays, as follows: 

10 


Insert offset folio 11 here HR1091.004

Committee on Natural Resources 

U.S. House of Representatives 

115th Congress 

Date: 09.13.18 RecordedVote#:4 

Meeting on I Amendment on: FC Markup Gohmert [115]lo the ANS to HR 502 (Rep. Raul M. Grijalva) 

MEMBERS Yes No Pres MEMBERS Yes 

Mr. Bishop, UT, Chairman X Mr.Cook,CA 

Mr. Grijalva, AZ, Ranking Member X Mr. McEachin, VA 

Mr. Young, AK, Chairman Emeritus Mr. Westerman, AR X 

Mrs. Napolitano, CA X Mr. Brown, MD 

Mr. Gohmert, TX, Vice Chairman X Mr. Graves, LA X 

Ms. Bordaiio, Guam X Mr. Clay, MO 

Mr. Lamborn, CO X Mr.Hice,GA 

Mr. Costa, CA X Mr. Gomez, CA 

Mr. Wittman, VA Mrs. Radewagen, AS 

Mr. Sablan, CNMI Ms. Velazquez, NY 

Mr. McClintock, CA X Mr. Webster, FL X 

Ms. Tsongas, MA X Mr. Bergman, MI X 

Mr. Pearce, NM Ms. Cheney, WY X 

Mr. Huffman, CA X Mr. Johnson, LA 

Mr. Thompson, PA X Ms. Gonzalez-Colon, PR 

Mr. Lowenthal, CA X Mr. Gianforte, MT 

l\1r. Gosar, AZ X Mr. Curtis, t:T 

Mr. Beyer, VA X 

Mr. Labrador, ID 

Mr. Gailef(o, AZ X 

Mr. Tipton, CO 

MY. Hanabusa, HI X 

Mr. LaMalfa, CA X 

;\1s. Barragim, CA X 

Mr. Denham, CA 

Mr. Soto, FL X TOTAL: 11 

No Pres 

X 

X 

X 

X 

X 

X 

19 
11 

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: 

12 


Insert offset folio 13 here HR1091.005

Committee on Natural Resources 

U.S. House of Representatives 

115th Congress 

Date: 09.13.18 Recorded Vote #:5 

Meeting on I Amendment on: FC Markup Westennan (#l] to the ANS to HR 502 (Rep. Raul M. Grijalva) 

MEMBERS Yes l'io Pres MEMBERS Yes 

Mr. Bishop, UT, Chairman X Mr.Cook,CA 

Mr. Grijalva, AZ, Ranking Member X Mr. McEachin, VA 

Mr. Young, AK, Chairman Emeritus Mr. Westerman, AR X 

Mrs. Napolitano, CA X lvfr. Brown, AID 

Mr. Gohmcrt, TX, Vice Chairman X Mr. Graves, LA X 

Ms. Bordallo, Guam X Mr. Clay, MO 

Mr. Lamborn, CO X Mr. Hice,GA 

Mr. Costa, CA X .Mr. Gomez, CA 

Mr. Wittman, VA X Mrs. Radewagen, AS 

Mr. Sablan, CNMI Ms. Vehizquez, NY 

Mr. McClintock, CA X Mr. Webster, FL X 

Ms. Tsongas, MA X Mr. Bergman, MI 

Mr. Pearce, NM Ms. Cheney, WY X 

Mr. Huffman, CA X Mr. Johnson, LA 

Mr. Thompson, PA X Ms. Gonzalez-Colon, PR 

Mr. Lowenthal, CA X Mr. Gianforte, MT 

Mr. Gosar, AZ X Mr. Curtis, UT 

Mr. Beyer, VA X 

Mr. Labrador, ID 

Mr. Gallego, AZ X 

Mr. Tipton, CO X 

Ms. Hanabt«a, HI X 

Mr. LaMalfa, CA X 

Ms. Barragim, CA X 

Mr. Denham, CA 

Mr. Soto.FL X TOTAL: 11 

No Pres 

X 

X 

X 

X 

X 

X 

X 

21 
13 

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 

14 

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): 

15 

TITLE 54, UNITED STATES CODE 

* * * * * * * 

SUBTITLE II—OUTDOOR RECREATION 

PROGRAMS 

* * * * * * * 

CHAPTER 2003—LAND AND WATER CONSERVATION 

FUND 

* * * * * * * 

§ 200302. Establishment of Land and Water Conservation 

Fund 

(a) ESTABLISHMENT.—There is established in the Treasury the 

Land and Water Conservation Fund. 

(b) DEPOSITS.—øDuring 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 øthrough 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.). 

16 

(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. 

* * * * * * * 

§ 200304. Statement of estimated requirements 

øThere¿ (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. øNot 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. 

§ 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 

17 

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. 

ø(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. 

18 

(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 shelVerDate Sep 11 2014 00:17 Dec 29, 2018 Jkt 089006 PO 00000 Frm 00018 Fmt 6659 Sfmt 6602 E:\HR\OC\HR1091.XXX HR1091
19 

tered 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 RECRE- ATION 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 

20 

(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. 

21 

(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. 

§ 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

22 

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 

23 

(B) enhance, maintain, or restore access on existing trails 

or rights-of-way. 

* * * * * * * 

(24) 

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. 

25 

1Sec. 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. 

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 setaside 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. 

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. 

RAU ́ L M. GRIJALVA, 

Ranking Member, Committee 

on Natural Resources. 

GRACE F. NAPOLITANO. 

NANETTE DIAZ BARRAGA ́ N. 

WM. LACY CLAY. 

JARED HUFFMAN. 

COLLEEN HANABUSA. 

(26) 

1https://dailycaller.com/2018/10/09/land-and-water-conservation/ 

2Phil Taylor. How states lost the battle for LWCF cash. E&E News. November 4, 2015. 

3Katie Hoover. The Federal Land Management Agencies. (CRS In Focus No. IF10585). Washington, DC: Congressional Research Service, 2018. 

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. 

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. 

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 fedVerDate Sep 11 2014 00:17 Dec 29, 2018 Jkt 089006 PO 00000 Frm 00026 Fmt 6604 Sfmt 6604 E:\HR\OC\HR1091.XXX HR1091
27 

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. 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-AISServicewide_Report_508-3.pdf. 7https://www.naco.org/articles/pilt-counties-feds-my-owe-you-money. 

8https://rules.house.gov/115th-congress-legislative-protocols. 

eral 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

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. 

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

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 milVerDate Sep 11 2014 00:17 Dec 29, 2018 Jkt 089006 PO 00000 Frm 00027 Fmt 6604 Sfmt 6604 E:\HR\OC\HR1091.XXX HR1091
28 

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. 10Kellie Lunney. ICYMI: Mandatory LWCF Spending Would ‘Blow’ Up Bill—Bishop. E&E 

News. September 27, 2018. 11 Rob Bishop. Guest column: Land and Water Conservation Fund needs reform to meet original goal. America’s State Parks. August 7, 2016. 

lion, 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

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. 

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. 

Æ