Updated August 16, 2021
The Great American Outdoors Act (P.L. 116-152)
The Great American Outdoors Act (GAOA; P.L. 116-152)
For FY2021, the GAOA directed the Secretaries of the
established a new fund with mandatory spending authority
Interior and Agriculture, within 90 days of the law’s
to address deferred maintenance needs of five federal
enactment, to submit lists of priority projects ready to
agencies. The law also made available the deposits to an
implement with FY2021 funding. For funding in
existing fund—the Land and Water Conservation Fund
subsequent years, the law directed the President to submit
(LWCF)—as mandatory spending and made other changes
lists of priority DM projects to Congress with annual
to the LWCF Act (54 U.S.C. §§200301 et seq.). This CRS
budget justifications. The law specified that appropriations
In Focus addresses selected provisions of the law.
acts may provide an “alternate allocation” under the
percentages defined for each agency. If Congress does not
National Parks and Public Land Legacy
enact an alternate allocation by the date of enactment of
Restoration Fund
full-year appropriations for Interior, Environment, and
The Bureau of Land Management (BLM), Forest Service
Related Agencies (or if Congress allocates less than the full
(FS), Fish and Wildlife Service (FWS), and National Park
amount), the President is to allocate amounts. It is unclear if
Service (NPS) maintain thousands of diverse assets, such as
the President must allocate the funds in accordance with the
roads and buildings. Each agency has a backlog of deferred
priorities specified in the budget submission.
maintenance (DM), defined as maintenance not performed
as needed and put off for a future time. For FY2020, the
Funding Allocations
backlog for NPS was reported at $14.4 billion, FS at $5.9
For FY2021, the maximum amount of $1.9 billion was
billion, BLM at $4.1 billion, and FWS at $1.5 billion.
available for allocation. On November 2, 2020, the
Additionally, the Department of the Interior (DOI) reported
Secretaries of the Interior and Agriculture submitted
DM of $1.7 billion for Indian Affairs, including the Bureau
FY2021 DM project lists as required within 90 days of
of Indian Education (BIE). For all the agencies except BIE,
enactment. The FY2021 appropriations law for Interior,
a major portion of DM is in transportation assets.
Environment, and Related Agencies (P.L. 116-260,
Division G, §434) and the accompanying explanatory
In the past, most funding for agency DM has come from
statement allocated the funding among the five agencies
discretionary appropriations. The agencies also have had
(according to the percentages specified in the GAOA) and
mandatory spending authorities, including transportation
identified specific DM projects that would receive funding;
maintenance funding under the Fixing America’s Surface
the projects matched those the Secretaries had submitted in
Transportation Act (P.L. 114-94), entrance and recreation
November. The explanatory statement also included non-
fees under the Federal Lands Recreation Enhancement Act
project-specific allocations for each agency for activities
(16 U.S.C. §§6801-6814), and others.
such as program support, project delivery, and mission
support.
The GAOA established the National Parks and Public Land
Legacy Restoration Fund (LRF) with mandatory
The amount of funding available for FY2022 will depend
appropriations to address DM for the five agencies (NPS,
on federal energy revenues collected in FY2021. FY2022
FS, FWS, BLM, and BIE). The fund is to receive annual
appropriations documents—including President Biden’s
deposits for FY2021-FY2025 of 50% of all federal energy
FY2022 budget request, House-passed legislation (H.R.
revenues (from oil, gas, coal, or renewable energy) credited
4502, Division E, §431), and the report accompanying H.R.
in the preceding fiscal year as miscellaneous receipts to the
4372 as reported by the House Committee on
Treasury, up to a cap of $1.9 billion annually. The law
Appropriations (H.Rept. 117-83)—proposed allocations for
stated that it would not affect the disposition of energy
the maximum amount ($1.9 billion, minus sequestered
revenues due to states, trust funds, or special funds (such as
amounts), according to the specified percentages for each
the LWCF or the Historic Preservation Fund, 54 U.S.C.
agency. In FY2022, LRF appropriations are subject to a
§303102). The law also stated that it would not affect
mandatory spending sequester of 5.7% under the Balanced
revenues that have been otherwise appropriated under
Budget and Emergency Deficit Control Act of 1985, as
federal law—for example, under the Gulf of Mexico
amended (2 U.S.C. §901a). The project allocations in the
Energy Security Act (GOMESA; 43 U.S.C. §1331 note) or
House committee report match those submitted in the
the Mineral Leasing Act (30 U.S.C. §191).
President’s budget, and the report also specifies non-
project-specific funds for Interior agencies as requested.
Of the amounts deposited in the fund each year, NPS is to
receive a 70% share, FS 15%, FWS 5%, BLM 5%, and BIE
Land and Water Conservation Fund
5% for its schools. The agencies must use the funding for
Under the LWCF Act, $900 million is deposited annually
“priority deferred maintenance projects.” At least 65% of
into the LWCF. Nearly all of the revenue is derived from oil and
each agency’s funds are for “non-transportation projects.”
gas leasing offshore. Prior to P.L. 116-152, the money was
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The Great American Outdoors Act (P.L. 116-152)
available only if appropriated in subsequent law and thus
provision sought to limit acquisitions in the West, where
was considered discretionary spending. The annual
most federal lands are located.
appropriations generally were less than $900 million,
resulting in an unappropriated balance of $22.1 billion
Funding Allocations
through FY2019.
For FY2021, in November 2020, the Trump Administration
proposed an allocation of $900 million in LWCF mandatory
The LWCF Act set out authorized purposes of the fund
spending among agencies, accounts, programs, and
relating to federal land acquisition and outdoor recreation
projects. The FY2021 appropriations law for Interior,
grants to states. Appropriations also have been provided for
Environment, and Related Agencies (P.L. 116-260,
other programs. The LWCF Act required the President’s
Division G, §434) and the accompanying explanatory
annual budget to identify requirements from the fund and
statement set out an alternate allocation. For instance,
set out “federal purposes” for which the President is to allot
unlike the Trump Administration’s proposal, Congress
appropriations “unless otherwise allotted in the
allocated funding to BLM for individual acquisitions and to
appropriation Act making them available.” It further
each of BLM, FWS, NPS, and FS for “acquisition
provided that not less than 40% of total monies are to be
contingencies” to provide flexibility to acquire lands as
used for each of (1) “federal purposes” and (2) “financial
opportunities arise. Congress also allocated less funding to
assistance to states.” Congress typically has reviewed
the NPS outdoor recreation grants to states program than
presidential budget requests for LWCF appropriations for
the Administration had proposed.
agencies, accounts, and programs, and it has determined the
total appropriation and the portion for each component.
For FY2022, President Biden’s budget proposed an
allocation of $900 million in LWCF mandatory spending
The LWCF receives additional money (beyond the
among agencies, accounts, programs, and projects. House-
$900 million in the LWCF Act) under GOMESA. These
passed legislation (H.R. 4502, Division E, §431) and the
appropriations are mandatory spending and can be used
report accompanying H.R. 4372 as reported by the House
only for outdoor recreation grants to states. States can
Committee on Appropriations (H.Rept. 117-83) contained
receive a maximum of $125 million annually under
different allocations for some agencies, accounts, programs,
GOMESA, except the maximum is $162.5 million in
and project lists. For instance, Congress would provide less
FY2021 and FY2022. P.L. 116-152 made the $900 million
funding to the NPS for outdoor recreation grants to states
annual deposits under the LWCF Act mandatory spending.
and more funding for the Cooperative Endangered Species
Thus, a maximum exceeding $1.0 billion in mandatory
Conservation Fund, administered by FWS. Similar to the
spending for LWCF programs is available each year.
LRF, LWCF appropriations for FY2022 are subject to a
mandatory spending sequester of 5.7%.
Under the GAOA, mandatory appropriations under the
LWCF Act are available “to carry out the purposes of the
Budgetary Implications of the Great
Fund,” including accounts and programs funded from the
American Outdoors Act
LWCF under P.L. 116-94. Division D of that law provided
P.L. 116-152 provides mandatory spending for activities
FY2020 appropriations for Interior, Environment, and
that, in the past, have been funded with discretionary
Related Agencies. It contained LWCF funding for purposes
spending (i.e., through the annual appropriations process).
including federal land acquisition, outdoor recreation grants
As a result, such funding is no longer considered within
to states, the Forest Legacy program (administered by FS),
annual discretionary spending limits, such as the statutory
the Cooperative Endangered Species Conservation Fund
limits (currently through FY2021) and the appropriations
(administered by FWS), the American Battlefield
subcommittee allocations under the Congressional Budget
Protection Program (administered by NPS), and the DOI
Act (2 U.S.C. §633). The Congressional Budget Office
Appraisal and Valuation Services Office.
(CBO) estimated the law would increase mandatory
spending outlays by almost $5.9 billion over 6 years
To allocate the funds, the GAOA generally required the
(FY2020-FY2025) and by almost $17.3 billion over 11
President to submit annually to Congress “detailed account,
years (FY2020-FY2030). (See https://www.cbo.gov/
program, and project allocations” for the full amount
system/files/2020-07/HR1957directspending.pdf.)
available; for FY2021, the deadline was 90 days after
enactment. GAOA provided for alternate allocations by
For Further Reading
Congress under a procedure similar to that described above
CRS Report R43997, Deferred Maintenance of Federal
for the LRF.
Land Management Agencies: FY2009-FY2018 Estimates
and Issues, by Carol Hardy Vincent; CRS Report R44924,
In addition to making the LWCF mandatory spending, P.L.
National Park Service Deferred Maintenance: Frequently
116-152 repealed a provision of the LWCF Act that limited
Ask ed Questions, by Laura B. Comay; CRS Report
FS land acquisitions west of the 100th meridian. Following a
RL33531, Land and Water Conservation Fund: Overview,
2019 report by the Government Accountability Office
Funding History, and Issues, by Carol Hardy Vincent; and
(GAO-20-175R) that FS acquisitions were not in
CRS Report R46240, Introduction to the Federal Budget
compliance with the 100th meridian provision, the FS began
Process, by James V. Saturno.
adhering to the provision. The repeal of the provision was
intended to allow greater flexibility in acquiring lands for
Carol Hardy Vincent, Specialist in Natural Resources
the National Forest System. Advocates of retaining the
Policy
Laura B. Comay, Specialist in Natural Resources Policy
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The Great American Outdoors Act (P.L. 116-152)

IF11636
Bill Heniff Jr., Analyst on Congress and the Legislative
Process


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https://crsreports.congress.gov | IF11636 · VERSION 8 · UPDATED

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