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Land and Water Conservation Fund:
Overview, Funding History, and Issues
Carol Hardy Vincent
Specialist in Natural Resources Policy
August 13, 2010October 21, 2014
Congressional Research Service
7-5700
www.crs.gov
RL33531
CRS Report for Congress
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Summary
The Land and Water Conservation Fund (LWCF) Act of 1965 was enacted to help preserve,
develop, and assureensure access to outdoor recreation facilities to strengthen the health of U.S.
citizens.
The law created the Land and Water Conservation Fund in the U.S. Treasury as a
funding source
to implement its outdoor recreation goals.
The LWCF has been used for three general purposes. First, it has been the principal source of
monies for land acquisition for outdoor recreation by
the four federal agencies—the National
Park Service, Bureau of Land Management, Fish and
Wildlife Service, and Forest Service. Congress typically identifies which areas are to be acquired
with the funds it provides. The
Second, the LWCF also funds a matching grant program to assist states in
recreational planning,
acquiring recreational lands and waters, and developing outdoor
recreational facilities. The Under this
traditional state grant program, a portion of the appropriation is divided equally among the states,
with the remainder apportioned based on need, as determined by the Secretary of the Interior. The
states award their grant money through a competitive selection process
based on statewide
recreation plans and establish their own priorities and criteria. Finally, in
recent yearsFor FY2014, Congress
appropriated funds for a competitive state grant program in addition to the traditional state grant
program. Third, beginning in FY1998, LWCF has been used to fund an array of other federal
programs with
related purposes.
The LWCF is authorized to accumulateat $900 million annually through September 30, 2015. While the fund
accrues revenues and collections from multiplefrom designated sources, with most
of the money derived nearly all of the revenues are derived
from oil and gas leasing in the Outer Continental Shelf (OCS). Congress
determines the level of
appropriations each year, and yearly appropriations have fluctuated widely
since the origin of the
program. Of the total revenues that have accrued throughout the history of
the program ($32.6 36.2
billion), less than half have been appropriated ($15.516.8 billion). FY2001
marked the highest
funding ever, with appropriations exceeding the authorized level by reaching
nearly $1 billion. For FY2010
For FY2014, the most recent fiscal year, the appropriation was $450.4306.0 million.
The $15.516.8 billion appropriated throughout the history of the program has been unevenly allocated
among federal land acquisition (6362%), the state grant program (2625%), and other programs (11purposes (13%).
Similarly, federal land acquisition funds have been allocated unevenly among the four federal
agencies. MoreUnder more recent legislation (P.L. 109-432) provided that, a portion of revenues from certain
OCS OCS
leasing are provided is provided without further appropriation to the state grant program. These fundsmandatory
funds, which thus far have been relatively small, are to supplement any funds
appropriated from LWCFby
Congress.
There is a difference of opinion as to the appropriate level of funds for LWCF and how those
funds should be used. Current congressional issues include deciding the amount to appropriate for
land acquisition and identifying which lands should be acquired; deciding the level of funding for
the state grant program; and determining which, if any, other programs to fund from the LWCF.
The primary context for debating these issues is Interior appropriations legislation. Other issues
of current debate include whether the LWCF should be permanently appropriated at the
authorized level of $900 million, and whether revenues from additional activities should be
directed to the LWCF., the state grant program, and other purposes, if any. Pending legislative proposals
address a variety of issues. They include proposals to permanently authorize the LWCF, provide
mandatory appropriations for the fund, provide for a minimum percentage and/or amount of
funding for acquisitions that increase access to federal lands for recreational purposes, direct
revenues from additional sources to the LWCF, specify or change the allocation for the state grant
program, and expand or otherwise alter the purposes for which LWCF funds could be used.
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Contents
Introduction ...................................................................................................................................... 1
How the Fund Works ....................................................................................................................... 1
Purposes of LWCF Appropriations .................................................................................................. 2
Federal Land Acquisition ................................................................................................2
Stateside Program .......... 2
Stateside Program .....................................................................................................................3
Other Purposes. 3
Traditional State Grants....................................................................................................... 3
Competitive State Grants..................................................................................................... 5
Mandatory Appropriations .................................................................................................. 5
Other Purposes........................................................................................................................... 5
Funding History ....................................................................................................................5
Overview of FY1965-FY2010........... 6
Overview of FY1965-FY2014 ..................................................................................................5 6
Allocation Among Land Acquisition, StatesideState Grants, and Other Purposes ................................9
Current Issues .. 9
Legislation ..................................................................................................................................... 11
Current Issues ......................................................................................................................... 10....... 12
Figures
Figure 1. LWCF Appropriations, FY1965-FY2010FY2014 ......................................................................6... 7
Tables
Table 1. LWCF Appropriations, FY1965-FY2010FY2014 ..........................................................................6 7
Table 2. Total LWCF Appropriations, FY2001-FY2010FY2005-FY2014 ...............................................................8.. 9
Table 3. LWCF Appropriations for Other Purposes, FY1998-FY2010FY2014 ......................................... 10
Contacts
Author Contact Information ......................................................................................................... 12.. 14
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Introduction
The Land and Water Conservation Fund (LWCF) Act of 19651 was enacted to help preserve,
develop, and assureensure access to outdoor recreation resources. A main goal of the law was to
facilitate participation in recreation and strengthen the “health and vitality” of U.S. citizens. The
law sought to accomplish these goals by “providing funds” for federal acquisition and
development of lands and other areas and by “providing funds for and authorizing” federal
assistance to states in recreation planning, acquiring lands and waters, and development of
recreation facilities.
The law created the Land and Water Conservation Fund in the Treasury as a funding source to
implement the outdoor recreation goals it set out. The fund is currently authorized at $900 million
annually through September 30, 2015. The LWCF is a “trust fund” that accumulates revenues
from the federal motorboat fuel tax and surplus property sales. To supplement these sources to
reach the annual authorized level of $900 million, the fund accumulates revenues from oil and gas
leases on the Outer Continental Shelf (OCS). For many years, the OCS revenues have accounted
for almost all of the deposits.2
Monies in the fund are available for outdoor recreation purposes only if appropriated by
Congress, and the level of annual appropriations has varied widely since the origin of the fund.
in
1965. One current issue is whether to provide permanent appropriations for LWCF, rather than continue
continue the current procedure of providing appropriations each year. Also of current debate is
whether to
direct additional monies to LWCF, to be used for purposes provided for in the LWCF
Act or for
other purposes. Perennial congressional issues include (1) deciding the amount to
appropriate for
federal land acquisition, determining the level of acquisition funds for each of the
four agencies,
and identifying which lands should be acquired; (2) deciding the level of funding
for the state
grant program; and (3) determining what, if any, other programspurposes should be funded
through LWCF
and at what level. The primary context for debating these issues traditionally has
been the annual
Interior appropriations legislation. For the most recent action on LWCF, see the “Land and Water
Conservation Fund” section of the most recent CRS report on appropriations for Interior,
Environment, and Related Agencies.3
How the Fund Works
The LWCF is not a true trust fund in the way “trust fund” is generally understood in the private
sector. The fund is credited with revenues totaling $900 million annually, but these credited
monies cannot be spent unless appropriated by Congress. Unappropriated funds remain in the
U.S. Treasury and can be spent for other federal activities. From FY1965 through FY2010, about
$32.6From FY1965 through FY2014, about
$36.2 billion has been credited to the LWCF. AboutLess than half that amount—$15.516.8 billion—has been
appropriated.4 Further,
been appropriated, leaving an unappropriated balance of $19.4 billion in the fund.2 Further,
interest is not accrued on the accumulated unappropriated balance that has
1
Act of Sept. 3, 1964; P.L. 88-578, 78 Stat. 897. 16 U.S.C. §§460l-4, et seq.
2
Executive Branch “moratoria” (issued on May 28, 2010, and July 12, 2010) on deepwater drilling are unlikely to
affect the availability of OCS revenues for the LWCF.
3
The most recent report is CRS Report R41258, Interior, Environment, and Related Agencies: FY2011 Appropriations,
coordinated by Carol Hardy Vincent.
4
These figures are been credited to the
LWCF. While some supporters assert that the LWCF was originally intended to be a revolving
fund, whereby the money would be maintained in an account separate from the General Treasury
that could accrue interest, this has not been the case. The fund’s basic purpose has not been
altered even though the authorizing legislation has been amended, most notably to raise the
1
Act of September 3, 1964; P.L. 88-578, 78 Stat. 897. 16 U.S.C. §§460l-4, et seq.
These figures are derived primarily from the Office of Budget, Department of the Interior, at http://www.doi.gov/
budget/budget-data.cfm. Seebudget/
budget_general/bgindex.html. Under the entry for the “Land and Water Conservation Fund, MSExcel Spreadsheet, see
(continued...): MS Excel Spreadsheet.” Data updated
on March 5, 2014.
2
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been credited to the LWCF. While some supporters assert that the LWCF was originally intended
to be a revolving fund, whereby the money would be maintained in a separate account that could
accrue interest, this has not been the case. The fund’s basic purpose has not been altered even
though the authorizing legislation has been amended, most notably to raise the funding.
authorization ceiling
and to mandate that offshore oil and gas leasing revenues should make up
any shortfall from other
specified financing sources.
Purposes of LWCF Appropriations
Appropriations from LWCF have been made for three general purposes: (1) federal acquisition of
land and waters and interests therein; (2) grants to states for recreational planning; acquiring
recreational lands, waters, or related interests; and developing outdoor recreational facilities; and
(3) related purposes.53 Each year, Congress determines the total appropriations from the Fund, and
the amount for each of these three general purposes.
The LWCF Act states that not less than 40% of the appropriations from the fund are to be
available for federal purposes. This language resulted from a 1976 amendment, at a time when
funds were being appropriated for federal land acquisition and for the stateside program. Funding
for other federal purposes did not occur until FY1998. This provision replaced language in the
LWCF Act that had provided that, “in the absence of a provision to the contrary in the Act
making making
an appropriation from the fund,” the appropriation from the fund was to be 60% for state
purposes and 40% for federal purposes. That language had specified that during the first five
years in which appropriations were made from the fund, the President could vary these
percentages by not more than 15 points to meet the needs of states and the federal government.
Federal Land Acquisition
The LWCF remains the principal source of funds for federal acquisition of lands for outdoor
recreation. Most federal lands are acquired (and managed) by four agencies—the Forest Service
(FS) in the Department of Agriculture, and the National Park Service (NPS), Fish and Wildlife
Service (FWS), and Bureau of Land Management (BLM) in the Department of the Interior.6
These These
four agencies manage about 95% of all federally owned lands. Of these agencies, only the
FWS FWS
has another significant source of acquisition funding. Specifically, under the Migratory Bird
Conservation Fund the FWS has a permanently appropriated source of funding for land
acquisition. 74 The BLM also has authority to keep the proceeds of certain land sales (primarily in
Nevada) and use them for subsequent acquisitions and other purposes.
The LWCF Act provides that “unless otherwise allotted in the appropriation Act making them
available,” appropriations from the fund for federal purposes are to be allotted by the President
(...continued)
the table entitled Land and Water Conservation Fund Receipts, Appropriations and Unappropriated Balances Reported
by Treasury.
5
Hereafterfor certain purposes.5 These purposes include water development projects with recreational
benefits; land acquisition in areas administered by the Secretary of the Interior for recreational
purposes; and land acquisition in national park, national forest, and national wildlife system units.
In practice, the appropriations acts typically identify the purposes for which the federal funds are
to be used.
3
Hereinafter, these purposes are referred to respectively as (1) federal land acquisition, (2) the stateside program, and
(3)
other purposes.
6
For an introduction to these agencies and their responsibilities, see CRS Report R40225, Federal Land Management
Agencies: Background on Land and Resources Management, coordinated by Ross W. Gorte.
7 other purposes.
4
For more information on the Migratory Bird Conservation Fund, see the FWS land acquisition section of CRS Report
RL34273, Federal Land Ownership: Current Acquisition and Disposal Authorities.
5
16 U.S.C. §460l-9(a).
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for certain purposes.8 These purposes include water development projects with recreational
benefits; land acquisition in areas administered by the Secretary of the Interior for recreational
purposes; land acquisition in national park, national forest, and national wildlife system units. In
practice, the appropriations acts typically identify the purposes for which the federal funds are to
be used.
The.
In many respects, the process for appropriating funds for federal land acquisition is similar from
year to year. The
annual budget submission from each of the four federal agencies typically has
included proposals
for lands the agencies seek to acquire with requested LWCF funds. The
number of specific
acquisitions sought by the agencies varies from year to year. For instance, for FY2011 the three
DOI agencies are seeking 93 acquisitions while the FS is seeking 31 acquisitions. By contrast, the
FY2009 requests sought to fund relatively few acquisitions─10 for the three DOI agencies and
noneThe most recent
budget requests—for FY2015—sought discretionary appropriations for 45 acquisitions by DOI
agencies and 17 acquisitions by the Forest Service. The FY2015 budget requests also included a
proposal for additional acquisitions with mandatory appropriations from the LWCF; this would
require a change in law. Together, the three DOI agencies sought mandatory appropriations for 80
specific acquisitions and the Forest Service sought mandatory appropriations for 21 acquisitions.
In total, for FY2015 the four agencies sought appropriations (discretionary and mandatory) for
163 acquisitions. By contrast, some recent requests have sought to fund a smaller number of
acquisitions. For example, for FY2013, 34 acquisitions were sought for the three DOI agencies
and 17 for the FS. The large backlog of potential acquisitions provides each agency with options in
its annual request. Congress reviews agency requests, then determines which areas will be
acquired and the funding level it will provide for each acquisition. In general, most of the funds
have been earmarked to specific sites. For instance, in FY2010 Congress specified funds for 136
acquisitions by the four federal agencies
in its annual request. The requests also sometimes seek funding for certain types of acquisitions,
such as those that would facilitate access to federal lands for recreation and sportsmen, as
proposed in the FY2015 BLM and Forest Service budget requests. Congress reviews agency
requests, and then determines the funding level for each agency’s acquisitions.
The LWCF Act restricts appropriations to those acquisitions that have been previously authorized
by law. However, it allows LWCF appropriations to be used for pre-acquisition work where
“authorization is imminent and where substantial monetary savings could be realized.”96
In recent years, Congress typically has provided the agencies with a portion of the acquisition
funding for one or more related purposes. For instance, funds have been provided for acquisition
management to cover the costs of land purchases, such as appraisals and title research.
Acquisition funds also have been provided to cover the costs of land exchanges, as well as the
acquisition of lands within the boundaries of federal land units (“inholdings”) that may become
available throughout the year. Further, in some cases funds have been appropriated for
“emergencies” or “hardships,” for acquisition of lands from an owner who must sell quickly and
where the agency determines there is a need to purchase the lands quickly.7
Appropriations lawlaws typically providesprovide that LWCF funds for land acquisition remain available
until expended,
meaning the funds can be carried over from fiscal year to fiscal year. Often an
appropriation is not
used in the fiscal year provided, because the process for completing a land
acquisition has many
components and often takes more than one year.10
Stateside Program
Traditional State Grants
Another portion of the LWCF, administered by the NPS, provides matching grants to states
(including the District of Columbia and U.S. territories) for recreation planning, acquisition of
lands and waters, and facility development. Grants are provided for outdoor recreation purposes
only, rather than for indoor facilities such as community centers. Through FY2010, 41,425 grants
have been provided to state and local governments for outdoor recreation projects. This figure
includes 7,517 grants for acquisition; 26,985 grants for developing recreation facilities; 3,009
86
16 U.S.C. §460l-9(a).
16 U.S.C. §460l-9(b).
10
In the past, LWCF funds were among the first to be borrowed for wildland fire fighting when funds appropriated for
fire fighting are insufficient. Borrowed funds typically were repaid in a subsequent appropriations bill.
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grants for redeveloping older recreational facilities; 677 state planning grants for studies of
recreation potential, need, opportunity, and policy; and 3,237 grants for a combination of these
activities. Recipients have acquired 2.6 million acres.
Acquisitions funded through LWCF grants must remain in recreation use in perpetuity, unless the
Secretary of the Interior approves of the conversion of the land to another use and replacement
lands are substituted. Conversions occur due to changing state needs, such as to use park lands to
build schools, widen roads, and develop civic facilities. The NPS approves about 50-75
conversions yearly nationwide, according to the agency.b).
In addition, a portion of the NPS appropriation has been specified for the American Battlefield Protection Program for
grants for non-federal acquisition of lands (and interests) in eligible Civil War battlefields. For additional information
on these acquisition grants, see the NPS website at http://www.nps.gov/abpp/grants/grants.htm.
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only, rather than for indoor facilities such as community centers. Through September 30, 2013,
state and local governments received 42,216 grants for outdoor recreation projects. This figure
includes 7,680 grants for acquisition; 27,382 grants for developing recreation facilities; 3,190
grants for redeveloping older recreational facilities; 3,259 grants for a combination of these
activities; and 705 state planning grants for studies of recreation potential, need, opportunity, and
policy.8 Acquisitions funded through LWCF state grants must remain in recreation use in
perpetuity, unless the Secretary of the Interior approves of the conversion of the land to another
use and acceptable replacement lands are substituted. Conversions occur due to changing state or
local needs, such as to use park lands to build schools, widen roads, and develop civic facilities.
When warranted, the NPS approves about 50-75 conversions yearly nationwide, typically
involving a portion of the area funded with an LWCF state grant.9
Appropriations to the state grant program typically do not include earmarks or other directions to
the NPS to guide how these funds should be distributed or spent. The Secretary of the Interior
apportions the appropriation for state grants in accordance with a formula set out in the LWCF
Act. 1110 The formula calls for a portion of the appropriation to be divided equally among the
states.1211 The remaining appropriation is to be apportioned based on need, as determined by the
Secretary.1312 Under law, the determination of need is to include the population of the state relative
to the population of the United States, the use of outdoor recreation resources within a state by
people outside the state, and the federal resources and programs within states. In current practice,
population is the biggest factor in determining state need. No state can receive more than 10% of
the total appropriation.
States have up to three years to use the money—the federal fiscal year in which the
apportionment is made and the next two fiscal years. It is rare for a state not to use the money
during this time, according to the NPS. Under law, the Secretary is to reapportion any amount that
is not paid or obligated during the three-year period.
To be eligible for a grant, a state must prepare and update a statewide outdoor recreation plan.
This plan
usually addresses must address the needs and opportunities for recreation and includesinclude a program for reaching
reaching recreational goals. It generally does not include specific projects. Under law, the plan is required
required to be approved by the Secretary, and in practice it is sent to the NPS for approval. The states
; this responsibility has been delegated to the NPS. The
states award their grant money through a competitive, open project selection process based on
their recreation plans and their
own priorities and selection criteria. They can use the money for
state projects or for pass-through
to localities. States send their top-rankedranked state or local projects to
the NPS for formal approval and obligation
of grant money. Under law, payments to states are not to cover more than 50% of a project’s
costs, and in practice states typically receive a 50% federal payment
limited to 50% or less of a project’s total costs. The remaining cost is to be
borne by the state.14
Additional monies are provided for state grants under provisions of the Gulf of Mexico Energy
Security Act of 2006.15 Specifically, 12.5% of the revenues from certain OCS leasing in the Gulf
of Mexico is directed to the stateside program in accordance with the terms of the LWCF Act.
11
16 U.S.C. §460l-8.
borne by the state or local
project sponsor.13
8
These figures were provided by the NPS in a communication to CRS on July 14, 2014.
This information was provided by the NPS in a communication to CRS on July 14, 2014.
10
16 U.S.C. §460l-8.
11
Specifically, the law provides that 40% of the first $225.0 million, 30% of the next $275.0 million, and 20% of all
additional appropriations are to be apportioned equally among the states.
1312
The apportionment among states (including the District of Columbia and U.S. territories), for FY2002 through
FY2013, is available for each of the last nine
fiscal years—FY2002-FY2010—is on the NPS website at http://www.nps.gov/ncrc/programs/lwcf/funding.html.
1413
For more information on the stateside program, see the Land and Water Conservation Fund State Assistance
Program: Federal Financial Assistance Manual on the NPS website at http://www.nps.gov/ncrc/programs/lwcf/
manual/lwcf.pdf.
15
§105, Division C, P.L. 109-432.
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The funds are to be in addition to any amounts appropriated by Congress for LWCF. The money
is available without further appropriation, and is available until expended. An estimated $8.2
million in proceeds from pertinent OCS leasing was collected in FY2008 and disbursed to the
stateside program in FY2009. Since then, the disbursements to the stateside program under this
authority have decreased. An estimated $0.9 million in revenue from such OCS leasing was
dispersed to the stateside program in FY2010, and $0.7 million is projected to be dispersed in
FY2011. The funds are available to the states until expended, unlike the three-year duration of the
funds appropriated annually for pdfhttp://www.nps.gov/lwcf/manual/lwcf.pdf.
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Competitive State Grants
The Obama Administration had proposed that a portion of the appropriations for state grants be
provided through a new competitive grant program.14 For FY2014, Congress appropriated $3.0
million for a nationally competitive grant program of the $48.1 million total provided for
stateside grants. As developed by the NPS, this new LWCF “Outdoor Recreation Legacy
Partnership Program” will provide grants for land acquisition and development for outdoor
recreation projects in densely settled areas with populations of 50,000 or more. Priority will be
given to communities that are economically disadvantaged or are underserved in terms of outdoor
recreation opportunities, and to projects that engage and empower youth including through
opportunities for employment and training, among other priorities. Grants are expected to range
from $250,000 to $500,000, with between 6 and 12 grants awarded. Projects must comply with
the LWCF Act and other program requirements that apply to the traditional state grants. Such
requirements include a nonfederal funding match, and land use for outdoor recreation in
perpetuity except with the approval of the Secretary of the Interior, as noted above.15
Mandatory Appropriations
Additional monies are provided for state grants under provisions of the Gulf of Mexico Energy
Security Act of 2006 (GOMESA).16 Specifically, 12.5% of the revenues from certain OCS leasing
in the Gulf of Mexico are directed to the stateside program in accordance with the terms of the
LWCF Act. The funds are to be in addition to any amounts appropriated by Congress for LWCF.
The money is available without further appropriation, and is available until expended. An
estimated $8.2 million in proceeds from pertinent OCS leasing was collected in FY2008 and
disbursed to the stateside program in FY2009. Since then, the disbursements to the stateside
program under this authority have decreased. An estimated $0.1 million in revenue from such
OCS leasing was dispersed to the stateside program in FY2013, and $1.4 million was projected to
be dispersed in FY2014.17 Mandatory appropriations are expected to increase beginning in
FY2018, due to additional revenues from leasing in the Gulf of Mexico.18 The funds are available
to the states until expended, unlike the three-year duration of the funds appropriated annually for
the stateside program.
Other Purposes
As noted above, the LWCF Act lists the federal purposes to which the President is to allot LWCF
funds “unless otherwise allotted in the appropriation Act making them available.”1619 A portion of
the LWCF appropriation has been provided for other federal purposes (i.e., other than land
acquisition) in FY1998 and each year since FY2000. Because there is no set of “other programspurposes”
specified to be funded from LWCF, Presidents have sought funds for a variety of programs and
Congress has chosen which, if any, other programs to fund from LWCF. For instance, for
FY2008, President George W. Bush sought LWCF funds for 11 programs within the FWS, FS,
and other agencies, and Congress provided funding for two of these programs. Since FY1998, the
LWCF has been used for a broad array of other programs, including the maintenance needs of the
four land management agencies, FS highway rehabilitation and maintenance, the Historic
Preservation Fund, the Payments in Lieu of Taxes program, FS State and Private Forestry
programs, FWS State and Tribal Wildlife Grants, and FWS Cooperative Endangered Species
Grants.
Funding History
Overview of FY1965-FY2010purposes and
14
See for example: U.S. Dept. of the Interior, National Park Service, Budget Justifications and Performance
Information, Fiscal Year 2013, pp. LASA-34-35.
15
Details of the grant program are at http://www.grants.gov/custom/viewOppDetails.jsp?oppId=257670.
16
§105, Division C, P.L. 109-432.
17
U.S. Dept. of the Interior, National Park Service, Budget Justifications and Performance Information, Fiscal Year
2015, p. M-LASA-G-1.
18
Ibid. Revenues generated in one year are available in the next year.
19
16 U.S.C. §460l-9(a).
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Congress has chosen which, if any, other purposes to fund from LWCF. For instance, for FY2008,
President George W. Bush sought LWCF funds for 11 programs within the FWS, FS, and other
agencies, and Congress provided funding for two of these programs. Since FY1998, the LWCF
has been used for a broad array of other purposes, including FS highway rehabilitation and
maintenance, the Historic Preservation Fund, the Payments in Lieu of Taxes program, FS State
and Private Forestry programs, FWS State and Tribal Wildlife Grants, and FWS Cooperative
Endangered Species Grants.
Funding History
Overview of FY1965-FY2014
Total annual appropriations from the LWCF have fluctuated widely since the origin of the
program over four decades ago (see the bar graph in Figure 1 and Table 1, below).20 Until FY1998,
LWCF LWCF
funding rarely exceeded $400 million; from FY1977- to FY1980, funding ranged from $509
million (FY1980) to $805 million (FY1978), and averaged $647 million annually. LWCF
appropriations spiked dramatically in FY1998—to $969 million—from the FY1997 level of $159
million. FY1998 was the first year that LWCF appropriations exceeded the authorized level of
$900 million.1721 They included $270 million in the usual funding titles for land acquisition by the
four federal land management agencies; an additional $627 million in a separate title, funding
both the acquisition of the Headwaters Forest in California and New World Mine outside
Yellowstone National Park; and $72 million for other programs.
16
16 U.S.C. §460l-9(a).
17
purposes.
Another spike occurred in FY2001, when appropriations again exceeded the authorized level and
totaled nearly $1 billion. This record level of funding was provided partly in response to President
Clinton’s Lands Legacy Initiative, which sought $1.4 billion for 21 resource protection programs
including the LWCF. It also was provided in response to some congressional interest in securing
increased and more certain funding for the LWCF. The 106th Congress considered legislation to
fully fund the LWCF and to make it operate like a private sector trust fund. Such proposals sought
to divert offshore oil and gas revenues to a Conservation and Reinvestment Act (CARA) Fund
and to permanently appropriate receipts credited to the LWCF, among other related purposes.
When it became clear that CARA legislation would not be enacted, Congress included aspects of
the legislation in the FY2001 Interior and Related Agencies Appropriations law (P.L. 106-291).
These provisions established the Conservation Spending Category (CSC), with the LWCF as a
major component in the CSC. The CSC provisions set a target for total funding for all the
component programs in FY2001 at $1.6 billion, including $1.2 billion through Interior
appropriations and $400 million through Department of Commerce appropriations. Under law,
the target was to increase each year until it reached $2.4 billion in FY2006. However, Congress
generally did not use the CSC structure in appropriating funds to the LWCF and related programs.
The CSC was authorized in Interior Appropriations law through FY2006, while the Commerce
Appropriations law authorized it for only FY2001.
20
Figures in Table 1 and elsewhere in this report do not always add to the totals indicated due to rounding.
The LWCF had accumulated receipts sufficient to cover an appropriation exceeding the annual authorization.
Specifically, in 1997 the LWCF had a balance of $11.9 billion in unappropriated receipts, which represented the
difference between the receipts into the Fund and the appropriations from the Fund since its creation.
21
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.
Figure 1. LWCF Appropriations, FY1965-FY2014
Source: The primary source for these data is the DOI Budget Office, at http://www.doi.gov/budget/budgetdata.cfm. See the entry for “Land and Water Conservation Fund Receipts: MS Excel Spreadsheet.” Data updated
on March 5, 2014Figure 1. LWCF Appropriations, FY1965-FY2010
(in millions of dollars)
1000
900
State Grants
Federal Agencies
Other Purposes
800
700
600
500
400
300
200
100
1965
1966
1967
1968
1969
1970
1971
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
0
Source: The primary source for these data is the DOI Budget Office; data updated May 29, 2009. See the Land
and Water Conservation Fund, MSExcel spreadsheet, on the Budget Office’s website at http://www.doi.gov/
budget/budget_general/bgindex.html (visited on July 30, 2010).
Notes: The graph does not reflect $76 million provided for the transition quarter from July 1, 1976, to
September 30, 1976. Also, dollars are not adjusted for inflation.
Table 1. LWCF Appropriations, FY1965-FY2010FY2014
(in millions of dollars)
Fiscal Year
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Land
Acquisition
State
Grants
Other
Programs Purposes
Total
1965
$6
$10
$0
$16
1966
$38
$84
$0
$122
1967
$36
$59
$0
$95
1968
$40
$64
$0
$104
1969
$64
$48
$0
$112
1970
$66
$65
$0
$131
1971
$168
$189
$0
$357
1972
$102
$259
$0
$361
1973
$113
$187
$0
$300
1974
$5
$71
$0
$76
1975
$122
$186
$0
$308
1976
$136
$181
$0
$317
1977
$356
$182
$0
$538
1978
$491
$314
$0
$805
1979
$361
$376
$0
$737
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Fiscal Year
Land
Acquisition
State
Grants
Other
Programs
1978
$491
$314
$0
$805
1979
$361
$376
$0
$737
1980
$202
$307
$0
$509
1981
$108
$180
$0
$288
1982
$176
$4
$0
$180
1983
$220
$115
$0
$335
1984
$227
$75
$0
$302
1985
$213
$74
$0
$287
1986
$121
$47
$0
$168
1987
$176
$35
$0
$211
1988
$150
$20
$0
$170
1989
$186
$20
$0
$206
1990
$212
$20
$0
$232
1991
$309
$33
$0
$342
1992
$294
$23
$0
$317
1993
$256
$28
$0
$284
1994
$228
$28
$0
$256
1995
$189
$28
$0
$217
1996
$137
$1
$0
$138
1997
$158
$1
$0
$159
1998
$896
$1
$72
$969
1999
$328
$0
$0
$328
2000
$406
$41
$20
$467
2001
$449
$90
$456
$995
2002
$429
$144
$105
$677
2003
$316
$97
$116115
$529
2004
$165
$94
$230
$488
2005
$164
$91
$204203
$459
2006
$119
$30
$213
$362
2007
$120
$30
$216
$366
2008
$129
$25
$101
$255
2009
$152
$19
$104
$275
2010
$278
$40
$133
$450
132
$450
2011
$177
$40
$84
$301
2012
$199
$45
$78
$322
2013
$187
$43
$74
$303
2014
$180
$48
$78
$306
Other Purposes
Total
Source: The primary source for this data is the DOI Budget Office; data updated May 29, 2009. See the Land
and Water Conservation Fund, MSExcel spreadsheet, on the Budget Office’s website at http://www.doi.gov/
budget/budget_general/bgindex.html (visited on July 30, 2010).
Notes: The graph doesthese data is the DOI Budget Office, at http://www.doi.gov/budget/budgetdata.cfm. See the entry for “Land and Water Conservation Fund Receipts: MS Excel Spreadsheet.” Data updated
on March 5, 2014.
Notes: Figures do not reflect $76 million provided for the transition quarter from July 1, 1976, to
September 30, 1976. September
30, 1976. Also, dollars are not adjusted for inflation.
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Another spike occurred in FY2001, when appropriations again exceeded the authorized level and
totaled nearly $1 billion. This record level of funding was provided partly in response to President
Clinton’s Lands Legacy Initiative, which sought $1.4 billion for 21 resource protection programs
including the LWCF. It also was provided in response to some congressional interest in securing
increased and more certain funding for the LWCF. The 106th Congress considered legislation to
fully fund the LWCF and to make it operate like a private sector trust fund. Such proposals sought
to divert offshore oil and gas revenues to a Conservation and Reinvestment Act (CARA) Fund
and to permanently appropriate receipts credited to the LWCF, among other related purposes.
When it became clear that CARA legislation would not be enacted, Congress included aspects of
the legislation in the FY2001 Interior and Related Agencies Appropriations law (P.L. 106-291).
These provisions established the Conservation Spending Category (CSC), with the LWCF as a
major component in the CSC. The CSC provisions set a target for total funding for all the
component programs in FY2001 at $1.6 billion, including $1.2 billion through Interior
appropriations and $400 million through Commerce appropriations. Under law, the target was to
increase each year until it reached $2.4 billion in FY2006. However, Congress generally did not
use the CSC structure in appropriating funds to the LWCF and related programs. The CSC was
authorized in Interior Appropriations law through FY2006, while the Commerce Appropriations
law authorized it for only FY2001.
Total LWCF appropriations, and the funding levels for each federal agency and the stateside
program, have declined since the peak in FY2001. Table 2, below, lists appropriations from
FY2001 to FY2010 and shows this decline for each federal agency and the state grant program.
During this decade, appropriations declined by 74% from the FY2001 peak to the FY2008 low,
while ending the decade in FY2010 with a 55% decrease.
Table 2.Total LWCF Appropriations, FY2001-FY2010
(in millions of dollars)
Purpose
FY2001
FY2002
FY2003
FY2004
FY2005
FY2006
FY2007
FY2008
FY2009
FY2010
Bureau of Land
Management
$52.3
$49.9
$33.2
$18.4
$11.2
$8.6
$8.6
$8.9
$14.8
$29.7
Fish and Wildlife
Service
$121.2
$99.1
$72.9
$38.1
$37.0
$28.0
$28.0
$34.6
$42.5
$86.3
National Park Service
$124.8
$130.0
$74.0
$41.7
$55.1
$34.4a
$34.4
$44.4
$45.2
$86.3
Forest Service
$150.9
$149.7
$132.9
$66.4
$61.0
$40.9
$41.9
$41.2
$49.8
$63.5
Total Land Acquisitionb
$449.2
$428.8
$316.0c
$164.6
$164.3
$119.2
$120.4
$129.1
$152.2
$277.9
$90.3
$143.9
$97.4
$93.8
$91.2
$29.6
$29.6
$24.6
$19.0d
$40.0
Other Programs
$455.9
$104.6e
$115.5f
$229.7g
$203.5
$213.1
$216.1
$101.3
$104.1h
$132.5
Total
$995.4
$677.2e
$528.9fc
$488.1g
$459.0
$361.9a
$366.1
$255.1
$275.3
$450.4
Land Acquisition
State Grants
Source: The primary source for this data is the DOI Budget Office; data updated May 29, 2009. See the Land
and Water Conservation Fund, MSExcel spreadsheet, on the Budget Office’s website at http://www.doi.gov/
budget/budget_general/bgindex.html (visited on July 30, 2010)8
Land and Water Conservation Fund: Overview, Funding History, and Issues
.
Total LWCF appropriations, and the funding levels for each federal agency, the stateside program,
and other purposes, have declined over the past decade (from FY2005 to FY2014). During this
decade, appropriations declined by 44% from the FY2005 high ($459.0 million) to the FY2008
low ($255.1 million), while ending the decade in FY2014 with a 30% decrease (to $306.0
million). Table 2 lists appropriations from FY2005 through FY2014.
Table 2. Total LWCF Appropriations, FY2005-FY2014
(in millions of dollars)
Purpose
FY2005
FY2006
FY2007
FY2008
FY2009
FY2010
FY2011
FY2012
FY2013
FY2014
Bureau of Land Management
$11.2
$8.6
$8.6
$8.9
$14.8
$29.7
$22.0
$22.3
$21.2
$19.5
Fish and Wildlife Service
$37.0
$28.0
$28.0
$34.6
$42.5
$86.3
$54.9
$54.6
$50.8
$54.4
National Park Service
$55.1
$34.4a
$34.4
$44.4
$45.2
$86.3
$54.9
$57.0
$52.8
$50.0
Forest Service
$61.0
$40.9
$41.9
$41.2
$49.8
$63.5
$32.9
$52.5
$49.8
$43.5
—
$7.3
$7.4
—
—
$12.1
$12.1
$12.7
$12.0
$12.2
$164.3
$119.2
$120.4
$129.1
$152.2
$277.9
$176.8
$199.1
$186.6
$179.6
$91.2
$29.6
$29.6
$24.6
$19.0c
$40.0
$39.9
$44.9
$42.6
$48.1
$203.5
$213.1
$216.1
$101.3
$104.1d
$132.5
$83.8
$78.3
$74.2
$78.4
$459.0
$361.9a
$366.1
$255.1
$275.3
$450.4
$300.5
$322.3
$303.3
$306.0
Land Acquisition
DOI OVSb
Total Land Acquisition
State Grants
Other Purposes
Total
Source: The primary source for these data is the DOI Budget Office, at http://www.doi.gov/budget/budgetdata.cfm. See the entry for “Land and Water Conservation Fund Receipts: MS Excel Spreadsheet.” Data updated
on March 5, 2014.
Note: Dollars are not adjusted for inflation.
a.
The NPS land acquisition and total appropriation figures are reduced by $9.8 million due to the use of prior
year funds for NPS federal land acquisition.
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b.
Figures for FY2006, FY2007, and FY2010 include appropriations for DOI Departmental Management for
land acquisition appraisal services that are not shown in the figures above. The respective amounts are $7.3
million, $7.4 million, and $12.1 million.
c.
This figure includes $3 million for the Bureau of Indian Affairs for Indian Land and Water Claim Settlements
that is not shown in the figures above.
d.
This figure has been reduced by $1.0 million due to the use of prior-year funds.
e.
This figure reflects a $25 million rescission of FY2001 funds for State Wildlife Grants.
f.
This figure reflects a $40 million rescission of FY2002 funds for the Landowner Incentive Program and a $10
million rescission of FY2002 funds for the Private Stewardship Grants Program.
g.
This figure includes $5 million for Bureau of Indian Affairs settlements and $5 million for FWS resource
management.
hb.
OVS is the Office of Valuation Services. Figures reflect appropriations from LWCF to DOI Departmental
Management for land acquisition appraisal services.
c.
This figure has been reduced by $1.0 million due to the use of prior-year funds.
d.
This figure has been reduced by $8.0 million due to the use of prior-year funds.
Allocation Among Land Acquisition, Stateside, State Grants,
and Other Purposes
The $15.516.8 billion appropriated from the fund through FY2010FY2014 has been unevenly allocated
among federal land acquisition, the stateside program, and other purposes, as shown on the bar
graph above. in Figure 1.
The largest portion of the total—$9.710.4 billion (6362%)—has been appropriated for
federal land
acquisition. The four federal land management agencies have received differing
portions of this $9.7
$10.4 billion. Specifically, the NPS has received $4.24 billion (4342%); the FS, $2.6
8 billion (27%);
the FWS, $2.12 billion (21%),; and the BLM, $0.89 billion (8%).
The stateside program has received the second largest portion of LWCF appropriations—$4.1
billion (2622
22
A relatively small amount (less than 1%) of the total appropriations for federal land acquisition was provided to other
agencies or offices (e.g., to the Office of the DOI Secretary for land appraisal services).
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The stateside program has received the second-largest portion of LWCF appropriations—$4.2
billion (25% of the total, which includes funds for grant administration and funds under
GOMESA). In the early years, more funds generally went to the stateside program than to the
four federal agencies combined. For instance, stateside appropriations exceeded federal land
acquisition appropriations during 12 of the 16 years from FY1965 to FY1980. The stateside
program has declined as a portion of total LWCF appropriations since the early 1980s, and
received no appropriations (except for program administration) from FY1996 through FY1999.
Since FY2000Over the past decade (FY2005-FY2014), funding for the stateside program has ranged from a low
of $19.0 million (FY2009)
to a high of $14491.2 million (FY2002FY2005). Stateside funding has averaged 13
12% of total LWCF
appropriations since FY2000, and 8% of LWCF funding from FY2006 to FY2010 appropriations over the decade.
Other purposes have received the remaining portion of total LWCF appropriations—$1.82.1 billion
(1113%). No funds were provided for other purposes until FY1998. By contrast, 3029% of LWCF
appropriations from FY1998 through FY2010FY2014 have been for other programs. While the funds
have been provided for various purposes to different agencies, thepurposes. The FWS and FS
have received the
largest shares: about $1.12 billion and $436 million0.6 billion, respectively, of the $1.8 2.1
billion appropriated
for other purposes since FY1998.
Both the dollar amount and percentage of LWCF appropriations provided to other purposes have
varied widely throughout this period, as shown in Table 3 below. The current . The dollar value of the
appropriations appropriations
for other purposes was much higher in FY2001 than any other year, when these
appropriations appropriations
were used to fund programs in the Clinton Administration’s Lands Legacy
Initiative. The highest
percentage of funds provided for other purposes occurred in FY2006 and
FY2007, in response to
President Bush’s request for funding for an array of other programs. In
some years, Congress has
appropriated significantly less for other purposes than the
Administration has requested. For
instance, for FY2008 the Bush Administration sought $313.1
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million for other programspurposes of a total
request of $378.7 million. Congress appropriated $101.3
million for other programspurposes of a total of
$255.1 million.
Table 3. LWCF Appropriations for Other Purposes, FY1998-FY2010FY2014
(in millions of dollars)
Fiscal
Year
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Total LWCF
Appropriation
Appropriation for
Other ProgramsPurposes
Other ProgramsPurposes as % of
Total Appropriation
FY1998
$969.1
$72.0
7%
FY1999
$328.2
$0
0%
FY2000
$466.9
$20.0
4%
FY2001
$995.4
$455.9
46%
FY2002
$677.2
$104.6
15%
FY2003
$528.9
$115.5
22%
FY2004
$488.1
$229.7
47%
FY2005
$459.0
$203.5
44%
FY2006
$361.9
$213.1
59%
FY2007
$366.1
$216.1
59%
FY2008
$255.1
$101.3
40%
FY2009
$275.3
$104.1a
38%
FY2010
$450.4
$132.5
29%
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Fiscal
Year
Total LWCF
Appropriation
Appropriation for
Other Purposes
Other Purposes as % of
Total Appropriation
FY2011
$300.5
$83.8
28%
FY2012
$322.3
$78.3
24%
FY2013
$303.3
$74.2
24%
FY2014
$306.0
$78.4
26%
Source: The primary source for these data is the DOI Budget Office, at http://www.doi.gov/budget/budgetdata.cfm. See the entry for “Land and Water Conservation Fund Receipts: MS Excel Spreadsheet.” Data updated
on March 5, 2014.
Note: Dollars are not adjusted for inflation.
a.
This figure has been reduced by $8.0 million due to the use of prior-year funds.
Legislation
A variety of measures pertaining to the LWCF have been introduced in the 113th Congress. One
bill (S. 338 as introduced) seeks to permanently authorize the LWCF at $900 million; the program
is currently authorized through September 30, 2015. It also would provide permanent
appropriations at the authorized level, rather than continue the current procedure of providing
discretionary appropriations each year. The bill does not make explicit how the appropriations
would be allocated among LWCF purposes or agencies.
Several bills specify that a portion of LWCF funding would be used for acquisitions that increase
access to federal lands for recreational purposes, such as hunting and fishing. The bills differ as to
whether they provide for a minimum percentage and/or dollar amount of funding; pertain to
requested, authorized, or appropriated funding; or contain other provisions affecting LWCF. For
instance, in addition to the provisions noted above, S. 338 also would amend the LWCF Act to
provide not less than 1.5% of the authorized funding for projects that would secure recreational
public access to federal land. S. 1554, on which hearings were held, provides that not less than
1.5% of LWCF funds appropriated for federal purposes would be used for recreational public
access projects. It also would direct the heads of the BLM, FWS, NPS, and FS to prepare and
make available to the public reports on public access to federal lands for recreational purposes. S.
2363 (Sec. 201) provides that not less than 1.5% of the appropriation for LWCF, or $10.0
million—whichever is greater—would be used for recreational access projects identified on
priority lists developed by the Secretary of the Interior and the Secretary of Agriculture. The bill
was considered on the Senate floor in July, but no vote on final passage has occurred. Three other
measures are similar to S. 2363, except that they pertain to funding requested for the LWCF: H.R.
3962 and S. 1660 (Sec. 201), both as introduced, and S. 1996 (Sec. 201), which is on the Senate
calendar.
Other 113th Congress bills would direct additional sources of funds to the LWCF. For instance, S.
199 (as introduced) would direct a portion of revenues from energy development in certain Arctic
offshore areas to the LWCF, to be used for the state grant program. S. 279 (Sec. 204), on which
hearings were held, would make revenues from solar or wind energy development on public lands
and National Forest System lands available for activities authorized under LWCF. H.R. 1686 (as
introduced) would establish a new treasury fund consisting of taxes paid on disposable carryout
bags, and direct payments from this fund into the LWCF.
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.
Additional measures pertain to the LWCF state grant program. H.R. 2727, as introduced, would
require that not less than 40% of LWCF appropriations be available for the state grant program.
This would be parallel to the provision in law which provides that not less than 40% of LWCF
appropriations are for federal purposes. Other bills would amend provisions of GOMESA
pertaining to the distribution of OCS revenues to the LWCF for the state grant program; these
revenues provide a source of mandatory funding for this program. Such bills include S. 17 (Sec.
105) as introduced, and S. 1273, on which hearings were held. Still other measures would expand
the purposes for which state grants could be used. Under H.R. 4765 (Sec. 307), as introduced,
state grants could be used for programs that increase access to and use of parks and open space in
low-income communities and on or near Indian reservations.
Some pending bills would expand or otherwise alter the federal purposes for which LWCF
appropriations could be used. H.R. 2424 (Sec. 213) as introduced, for example, would authorize
appropriations of $50.0 million (for specified fiscal years) for the Secretary of Housing and
Urban Development to provide financial assistance to entities to carry out park and infrastructure
projects. H.R. 5220 (as introduced) would authorize LWCF funds to be used for maintenance of
federal lands and waters (and interests) instead of for acquisitions.
Current Issues
There are differing opinions as to the appropriate level of LWCF appropriations and for what
purposes these funds should be used. The LWCF has broad support from resource protection
advocates, many of whom seek stable and predictable funding through consistent levels of
appropriations. Most of these advocates seek higher appropriations in general. For instance, the
Obama Administration proposed discretionary appropriations of $900 million for FY2012. Some
advocates have specific priorities, such as higher acquisition funding for one of the four federal
agencies, the state grant program, or a particular site or area. Advocates of higher federal land
acquisition funding promote a strong federal role in acquiring and managing sensitive areas and
natural resources.
Some advocates of higher LWCF funding seek partial or full permanent appropriations. For
instance, the Obama Administration proposed $900 million for LWCF for FY2015 through a
combination of discretionary ($350.0 million) and mandatory ($550.0 million) appropriations.
Further, the Administration proposed amending current law to appropriate mandatory funding of
$900 million annually beginning in FY2016.23 Questions include how to offset any new
permanent appropriations and how to allocate permanent appropriations among different LWCF
programs and purposes.
There is also broad opposition to the LWCF based on varied concerns, with opponents generally
seeking reduced levels of funds for LWCF. Some of the opposition stems from an interest in
reducing the current size of the federal estate and minimizing further acquisition of privately
owned land by the federal government either generally or at specific sites, especially in the West,
where federal ownership is already concentrated. The concerns involve preferences for private
ownership, impacts of federal land ownership on uses of private lands, and reduced local tax
revenues that result from public ownership. Some opponents believe that maintaining (and
23
U.S. Dept. of the Interior, National Park Service, Budget Justifications and Performance Information, Fiscal Year
2015, p. LASA-1.
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rehabilitating) the land and facilities that federal agencies already own should take priority over
further acquisitions. For instance, a pending House bill (H.R. 5220) seeks to bar funding for
federal acquisitions while authorizing funding for maintenance. Further, for FY2015, the House
Budget Committee supported focusing on eliminating the maintenance backlog before acquiring
additional federal lands.24 Since federal agencies cannot use LWCF funds for maintenance, some
supporters of this priority favor more funding to other accounts that can be used for maintenance
and less for LWCF. Others have sought LWCF reductions as part of a broader focus on reducing
the large federal deficit, or on the grounds that there is inadequate cooperation among LWCF
programs and between LWCF and other programs.25
One area of congressional focus has been the stateside program, with debate over the level of
funds for grants. In some years, Congress and/or the Administration have not supported funds, or
have supported relatively low levels of funds, for new stateside grants. Reasons include that state
and local governments have alternative sources of funding for parkland acquisition and
development, the current program could not adequately measure performance or demonstrate
results, and large federal deficits require a focus on core federal responsibilities. Stateside
supporters assert that the program contributes significantly to statewide recreation planning; state
leadership in protection and development of recreation resources; and long-term outdoor
recreation overall, and particularly through locally sponsored projects that are readily accessible
to communities. They see the program as a way to help fiscally constrained local governments
and leverage state and local funds for recreation. Further, advocates assert that investments in
recreation save money in other areas; for instance, they say that these investments promote
healthier lifestyles and thus save health care expenditures. A related issue is how LWCF funding
should be split between federal purposes and state grants.
Whether to change the way that funds are apportioned to the states has been under consideration.
Under the traditional state grant program, a portion of the appropriation is to be distributed
equally among the states, with the percentage varying depending on the total amount of
appropriations.26 Further, the Secretary of the Interior has discretion to apportion the balance
based on need, and population has been the biggest factor in determining need. For FY2014,
Congress approved a portion of the state grant funds for a competitive grant program. While the
Administration and some in Congress have supported continuing this program, the extent to
which it will continue is uncertain.27
Another focus has been on which, if any, purposes other than land acquisition and stateside grants
should be funded through the LWCF. Some seek to channel LWCF funding to a broader array of
24
House Committee on the Budget, Concurrent Resolution on the Budget—Fiscal Year 2015, H.Rept. 113-403 on
H.Con.Res. 96, pp. 53-54.
25
See, for example, the report of the House Appropriations Committee on H.R. 2584, providing FY2012 appropriations
for Interior, Environment, and Related Agencies: H.Rept. 112-151, pp. 14-15.
26
The LWCF Act provides that 40% of the first $225.0 million, 30% of the next $275.0 million, and $20% of all
additional appropriations are to be apportioned equally among the states.
27
The Obama Administration, the House Appropriations Committee, and the chair of the Senate Appropriations
Subcommittee on Interior, Environment and Related Agencies supported continuing this program for FY2015. For the
Administration’s proposal, see U.S. Dept. of the Interior, National Park Service, Budget Justifications and Performance
Information, Fiscal Year 2015, pp. LASA-92. For the recommendation of the House Appropriations Committee, see
H.Rept. 113-551 on H.R. 5171, pp. 35-36 and p. 153. For the Senate Subcommittee chair’s recommendation, see the
draft explanatory statement, p. 20 and p. 88, at http://www.appropriations.senate.gov/sites/default/files/
INTFY15Report.pdf.
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Land and Water Conservation Fund: Overview, Funding History, and Issues
.
purposes to protect federal lands. For instance, the Bush Administration sought LWCF funds for
cooperative conservation programs through which federal land managers partner with other
landowners to protect natural resources and improve recreation on lands under diverse ownership.
The Obama Administration also has supported the use of LWCF funds for other purposes,
although generally fewer than the Bush Administration. A factor in the debate has been the
unappropriated balance in the fund, and whether to allow these funds to be used for broader
purposes beyond those currently authorized. Traditional fund beneficiaries have expressed
concern about expanding the uses of appropriations if that expansion is accompanied by
reductions in the amount available for federal land acquisition or state grants.
Author Contact Information
Carol Hardy Vincent
Specialist in Natural Resources Policy
chvincent@crs.loc.gov, 7-8651
c11173008
Congressional Research Service
14Source: The primary source for this data is the DOI Budget Office, data updated May 29, 2009. Visited on July
30, 2010.
a.
This figure has been reduced by $8.0 million due to the use of prior-year funds.
Current Issues
There are differing opinions as to the appropriate level of LWCF appropriations and what these
funds should be used for. The LWCF has broad support from resource protection advocates, many
of whom seek stable and predictable funding through consistent levels of appropriations or
permanent appropriations. Most of these advocates seek higher appropriations in general. The
Obama Administration, for instance, proposed increased LWCF funding for FY2010 and FY2011,
with the goal of having LWCF appropriations reach $900 million in FY2014. Some advocates
have specific priorities, such as higher acquisition funding for one of the four federal agencies,
the state grant program, or a particular site or area. Advocates of higher federal land acquisition
funding promote a strong federal role in acquiring and managing sensitive areas and natural
resources.
Bills to provide permanent appropriations for LWCF, rather than continue the current procedure
of providing appropriations each year, are pending in Congress. Some of the bills, such as H.R.
3534 and S. 2747, provide for permanent appropriations at the authorized level of $900 million
for all years. At least one other bill, S. 3663, would provide for permanent appropriations of $900
million for FY2011-FY2015. In other fiscal years, either a lesser amount or none of the
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Land and Water Conservation Fund: Overview, Funding History, and Issues
appropriations would be permanently appropriated. These bills contain differing provisions as to
how the appropriations would be allocated. 18 Numerous other bills contain provisions to direct
additional funds to the LWCF. The sources of these additional funds are varied among the bills,
and include payments for oil and gas leasing in particular areas of the Outer Continental Shelf,
payments for wind and solar energy development on federal land, and a tax on single-use carry
out bags. The bills also contain varying provisions on what the additional funds could be used for.
They include purposes currently authorized by the LWCF Act, namely land acquisition and the
stateside program, as well as new purposes, such as natural resource adaption to the effects of
climate change.
Others seek reduced levels of funds for LWCF based on varied concerns. They include concerns
about further acquisition of privately owned land by the federal government either generally or at
specific sites, especially in the West, where federal ownership is already concentrated. The
concerns involve preferences for private ownership, limits that federal agencies may place on
uses of private lands, and reduced local tax revenues that result from public ownership. Some
opponents believe that maintaining (and rehabilitating) the land and facilities that federal agencies
already own should take priority over further acquisitions. Since federal agencies cannot use
LWCF funds for maintenance, supporters of this priority favor more funding to other accounts
that can be used for maintenance and less for LWCF.
If funding for land acquisition is relatively low, choices may be more difficult and there may be
more competition for limited funds. Since the early 1990s, the appropriations debate has grown
more complicated as perspectives on resource protection have changed. Alternatives to
acquisition which may provide potentially lower levels of protection but at less cost (such as
easements) have become more widely used by federal agencies. Also, resource protection is
discussed increasingly for either larger areas with multiple landowners—such as ecosystems,
landscapes, or watersheds—or for managing systems where only a portion of the land is in public
ownership. In these complex situations success depends on cooperation and partnerships, and the
LWCF may be viewed as less critical or looked to as one component in cooperative protection
efforts.
One area of congressional focus has been the stateside program, with debate over the level of
funds for grants. The Bush Administration did not request funds for new stateside grants for
several years on the grounds that state and local governments have alternative sources of funding
for parkland acquisition and development, the current program could not adequately measure
performance or demonstrate results, and large federal deficits require a focus on core federal
responsibilities. At least one pending bill (H.R. 2916) seeks to prohibit stateside funds from being
used to acquire land or make improvements in state or local parks. Stateside supporters assert that
the program contributes significantly to statewide recreation planning; state leadership in
protection and development of recreation resources; and long-term outdoor recreation overall, and
18
For instance, H.R. 3534 states that the House and Senate Appropriations Committees may
provide by law for the allocation of monies in the fund to activities eligible under the LWCF Act.
S. 3663 would require the President to submit with his annual budget a priority list for federal land
acquisition. Appropriations are to be made for those acquisitions unless Congress enacts
legislation containing an alternate list. If the congressional list provides for less funding than is
available, projects on the President’s list will also be funded. By contrast, S. 2747 does not address
how the appropriations would be allocated.
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particularly through locally sponsored projects that are readily accessible to communities. They
see the program as a way to help fiscally constrained local governments and leverage state and
local funds for recreation. Further, advocates assert that investments in recreation save money in
other areas; for instance, they say that these investments promote healthier lifestyles and thus
save health care expenditures.
Another focus has been on which, if any, programs other than land acquisition and stateside
grants should be funded through the LWCF. Some seek to channel LWCF funding to a broader
array of programs to protect federal lands. For instance, the Bush Administration sought LWCF
funds for cooperative conservation programs through which federal land managers partner with
other landowners to protect natural resources and improve recreation on lands under diverse
ownership. The Obama Administration also has supported the use of LWCF funds for other
programs, although generally fewer than the Bush Administration. Traditional fund beneficiaries
have expressed concern about expanding the uses of appropriations if that expansion is
accompanied by reductions in the amount available for federal land acquisition or state grants.
Author Contact Information
Carol Hardy Vincent
Specialist in Natural Resources Policy
chvincent@crs.loc.gov, 7-8651
Congressional Research Service
12