The Great American Outdoors Act (P.L. 116-152)

The Great American Outdoors Act (P.L. 116-152)

Updated December 15, 2022
The Great American Outdoors Act (P.L. 116-152)
The Great American Outdoors Act (GAOA; P.L. 116-152)
Of the amounts deposited in the fund each year, NPS
established a new fund with mandatory spending authority
receives a 70% share, FS 15%, FWS 5%, BLM 5%, and
to address deferred maintenance (DM) needs of five federal
BIE 5% for its schools. The agencies must use the funding
agencies. The law also made the deposits to an existing
for “priority deferred maintenance projects.” Over the full
fund—the Land and Water Conservation Fund (LWCF)—
period of FY2021-FY2025, at least 65% of each agency’s
available as mandatory spending and made other changes to
funds are to be allocated for “non-transportation projects.”
the LWCF Act (54 U.S.C. §§200301 et seq.). This CRS
product addresses selected provisions of the law.
To allocate the funds, the GAOA generally directs the
President to submit lists of priority DM projects to
National Parks and Public Land Legacy
Congress with annual budget justifications. The law
Restoration Fund
specifies that appropriations acts may provide an “alternate
The Bureau of Land Management (BLM), Forest Service
allocation” under the percentages defined for each agency.
(FS), U.S. Fish and Wildlife Service (FWS), and National
If Congress does not enact an alternate allocation by the
Park Service (NPS) maintain thousands of diverse assets,
date of enactment of full-year appropriations for Interior,
such as roads and buildings. Each agency has a backlog of
Environment, and Related Agencies (or if Congress
deferred maintenance, defined as maintenance not
allocates less than the full amount), the President shall
performed as needed and put off for a future time. For
allocate any unallocated amounts.
FY2021, the backlog for NPS was reported at $22.8 billion,
FS at $6.3 billion, BLM at $4.4 billion, and FWS at $1.8
Funding Allocations
billion. Additionally, the Department of the Interior (DOI)
For the first year of the LRF (FY2021), the maximum
reported DM of $1.6 billion for Indian Affairs, including
amount of $1.9 billion was available for allocation. The
the Bureau of Indian Education (BIE). A relatively large
FY2021 appropriations law for Interior, Environment, and
portion of DM for NPS (46%), FS (68%), and BLM (83%)
Related Agencies (P.L. 116-260, Division G, §434) and the
is related to transportation assets.
accompanying explanatory statement allocated the funding
to specific DM projects, which appeared to match those that
Prior to the enactment of the GAOA, most funding for
had been proposed by the Administration. The explanatory
agency DM came from discretionary appropriations (i.e.,
statement also reflected the Administration’s proposal for
through the annual appropriations process). The agencies
some non-project-specific allocations for each agency for
also have had other mandatory sources of funds, such as
activities such as program support, project delivery, and
transportation maintenance monies from the Highway Trust
mission support.
Fund and entrance and recreation fees under the Federal
Lands Recreation Enhancement Act (16 U.S.C. §§6801-
The maximum amount of $1.9 billion was deposited in the
6814).
LRF for FY2022, subject to sequestration. (See, below,
under “Budgetary Implications of the Great American
The GAOA established the National Parks and Public Land
Outdoors Act.”) The FY2022 Interior, Environment, and
Legacy Restoration Fund (LRF) with mandatory
Related Agencies appropriations law (P.L. 117-103,
appropriations to address DM for the five agencies (NPS,
Division G, §431) and its accompanying explanatory
FS, FWS, BLM, and BIE). The fund is to receive annual
statement included project-specific and non-project-specific
deposits for FY2021-FY2025 of 50% of all federal energy
allocations of the GAOA funding. This allocation generally
development revenues (from oil, gas, coal, or renewable
matched the proposed allocations submitted in the
energy) credited in the preceding fiscal year as
President’s budget request, with some changes.
miscellaneous receipts to the Treasury, up to a cap of $1.9
billion annually. The law explicitly provides that such
The amount of funding available through the LRF for
deposits would not affect the disposition of energy revenues
FY2023 will depend on federal energy revenues collected
due to states, trust funds, or special funds (e.g., to the
in FY2022 (up to the $1.9 billion cap). President Biden’s
LWCF and the Historic Preservation Fund [HPF, 54 U.S.C.
FY2023 budget request proposed allocations for the
§303102]). It also explicitly provides that such deposits
maximum amount according to the percentages for each
would not affect revenues otherwise appropriated under
agency specified in the GAOA. Full-year appropriations for
federal law, including appropriations from the LWCF and
FY2023 have not been enacted as of the date of this CRS
HPF and under the Gulf of Mexico Energy Security Act
product.
(GOMESA; 43 U.S.C. §1331 note) and the Mineral Leasing
Act (30 U.S.C. §191).
Land and Water Conservation Fund
Under the LWCF Act, $900.0 million is deposited annually
into the LWCF. Nearly all of the revenue is derived from
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The Great American Outdoors Act (P.L. 116-152)
oil and gas leasing offshore. Prior to P.L. 116-152, the
FY2022 appropriations law for Interior, Environment, and
money was available only if appropriated in subsequent law
Related Agencies (P.L. 117-103, Division G, §431) and the
and thus was considered discretionary spending. The annual
accompanying explanatory statement contained different
appropriations generally were less than $900.0 million,
allocations for some agencies, accounts, programs, or
resulting in an unappropriated balance of more than $22
project lists. For instance, they provided less funding to the
billion in the LWCF through FY2022.
NPS for outdoor recreation grants to states and more
funding for the Cooperative Endangered Species
The LWCF Act currently provides that not less than 40% of
Conservation Fund, administered by FWS.
total monies are to be used for each of (1) “federal
purposes” and (2) “financial assistance to states.” Congress
For FY2023, President Biden’s budget proposed an
typically has reviewed presidential budget requests for
allocation of the $900.0 million in LWCF mandatory
LWCF appropriations for agencies, accounts, and
spending as follows: $418.7 million for federal land
programs, and it has determined the total appropriation and
acquisition; $326.9 million for outdoor recreation grants to
the portion for each component. Historically, annual
states; and $154.4 million for other purposes. Full-year
appropriations acts provided funds from the LWCF for
appropriations for FY2023 have not been enacted as of the
purposes authorized in statute, including outdoor recreation
date of this CRS product.
grants to states and federal land acquisition (54 U.S.C.
§§200305-200306). Appropriations also have been
Budgetary Implications of the Great
provided for other purposes.
American Outdoors Act
The Congressional Budget Office (CBO) estimated that
The GAOA made the $900.0 million annual deposits under
P.L. 116-152 would increase mandatory spending outlays
the LWCF Act mandatory spending. It specified that the
by almost $5.9 billion over 6 years (FY2020-FY2025) and
appropriations are available “to carry out the purposes of
by almost $17.3 billion over 11 years (FY2020-FY2030).
the Fund,” including accounts and programs funded from
(See https://www.cbo.gov/system/files/2020-07/
the LWCF under P.L. 116-94. Division D of that law
HR1957directspending.pdf.)
contained LWCF funding for federal land acquisition and
outdoor recreation grants to states, as well as other
The GAOA provided mandatory spending for activities that
purposes, including the Forest Legacy program
had been funded with discretionary spending. As mandatory
(administered by FS), the Cooperative Endangered Species
spending, this funding would no longer be considered in the
Conservation Fund (administered by FWS), the American
context of any limits on discretionary spending, such as the
Battlefield Protection Program (administered by NPS), and
appropriations subcommittee allocations under the
the DOI Appraisal and Valuation Services Office.
Congressional Budget Act (2 U.S.C. §633).
To allocate the LWCF funds, the GAOA generally requires
Beginning in FY2022, the mandatory appropriations made
the President to submit annually to Congress “detailed
available from the LRF and the LWCF are subject to a
account, program, and project allocations” for the full
5.7% reduction each year, currently through FY2031, under
amount available. The GAOA provides for alternate
the sequestration process triggered by the Budget Control
allocations by Congress under a procedure similar to that
Act of 2011 (P.L. 112-25). However, under sequestration
described above for the LRF.
rules (2 U.S.C. §906(k)(6)), the amounts sequestered each
year become available in the following year, effectively
The LWCF receives additional money (beyond the
offsetting any future sequestration. For example, the
$900.0 million in the LWCF Act) under GOMESA. These
FY2022 mandatory spending from the LRF was reduced by
appropriations also are mandatory spending and can be used
$108.0 million and from the LWCF by $51.3 million, but
only for outdoor recreation grants to states. States generally
those amounts are to be available in FY2023.
can receive a maximum of $125.0 million annually under
GOMESA, except the maximum was raised to $162.5
For Further Reading
million for FY2021 and FY2022. Thus, more than $1.0
CRS Report R43997, Deferred Maintenance of Federal
billion in mandatory spending for LWCF programs is
Land Management Agencies: FY2011-FY2020 Estimates
available each year.
and Issues, by Carol Hardy Vincent
Funding Allocations
CRS Report R44924, National Park Service Deferred
For FY2021, in November 2020, the Trump Administration
Maintenance: Frequently Asked Questions, by Laura B.
proposed an allocation of $900.0 million in LWCF
Comay
mandatory spending among agencies, accounts, programs,
and projects. The FY2021 appropriations law for Interior,
CRS Report R46563, Land and Water Conservation Fund:
Environment, and Related Agencies (P.L. 116-260,
Processes and Criteria for Allocating Funds, coordinated
Division G, §434) and the accompanying explanatory
by Carol Hardy Vincent
statement contained different allocations for some agencies,
accounts, programs, or project lists.
CRS Report R46240, Introduction to the Federal Budget
Process, by James V. Saturno
For FY2022, President Biden’s budget proposed an
allocation of $900.0 million in LWCF mandatory spending
Carol Hardy Vincent, Specialist in Natural Resources
among agencies, accounts, programs, and projects. The
Policy
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The Great American Outdoors Act (P.L. 116-152)

Bill Heniff Jr., Analyst on Congress and the Legislative
Laura B. Comay, Specialist in Natural Resources Policy
Process
IF11636

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