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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:
  ``(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-of-way.''.

                          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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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 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\
---------------------------------------------------------------------------
    \2\Carol Hardy Vincent. Land and Water Conservation Fund: 
Appropriations for ``Other Purposes'' (CRS Report R44121). Washington, 
DC: Congressional Research Service, 2018.
---------------------------------------------------------------------------
    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 
Raul 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:


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    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:


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Congressman Gosar offered an amendment designated 115; it 
was not adopted by a roll call vote of 11 yeas and 19 nays, as 
follows:


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    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:


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    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 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):

TITLE 54, UNITED STATES CODE

           *       *       *       *       *       *       *


SUBTITLE II--OUTDOOR RECREATION PROGRAMS

           *       *       *       *       *       *       *


CHAPTER 2003--LAND AND WATER CONSERVATION FUND

           *       *       *       *       *       *       *



Sec. 200302. Establishment of Land and Water Conservation Fund

  (a) Establishment.--There is established in the Treasury the 
Land and Water Conservation Fund.
  (b) Deposits.--[During 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 [through 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.).
          (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.

           *       *       *       *       *       *       *


Sec. 200304. Statement of estimated requirements

   [There] (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. [Not 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.

Sec. 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 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.
          [(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.
          (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 sheltered 
        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 
        recreation 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
                  (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.
          (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.

Sec. 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 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
                  (B) enhance, maintain, or restore access on 
                existing trails or rights-of-way.

           *       *       *       *       *       *       *


                            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.
    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 set-aside 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.
---------------------------------------------------------------------------
    \1\Sec. 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.
---------------------------------------------------------------------------
    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.

                                   Raul M. Grijalva,
                                           Ranking Member, Committee on 
                                               Natural Resources.
                                   Grace F. Napolitano.
                                   Nanette Diaz Barragan.
                                   Wm. Lacy Clay.
                                   Jared Huffman.
                                   Colleen Hanabusa.

                            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.
---------------------------------------------------------------------------
    \1\https://dailycaller.com/2018/10/09/land-and-water-conservation/
    \2\Phil Taylor. How states lost the battle for LWCF cash. E&E; News. 
November 4, 2015.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \3\Katie Hoover. The Federal Land Management Agencies. (CRS In 
Focus No. IF10585). Washington, DC: Congressional Research Service, 
2018.
---------------------------------------------------------------------------
    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 federal 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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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-AIS-
Servicewide_Report_508-3.pdf.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \7\https://www.naco.org/articles/pilt-counties-feds-my-owe-you-
money.
---------------------------------------------------------------------------
    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 million, 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\
---------------------------------------------------------------------------
    \8\https://rules.house.gov/115th-congress-legislative-protocols.
    \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.
    \10\Kellie Lunney. ICYMI: Mandatory LWCF Spending Would `Blow' Up 
Bill--Bishop. E&E; News. September 27, 2018.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \11\Rob Bishop. Guest column: Land and Water Conservation Fund 
needs reform to meet original goal. America's State Parks. August 7, 
2016.
---------------------------------------------------------------------------
    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.

                                  [all]