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                                                    Calendar No. 709
115th Congress      }                         {              Report
                                 SENATE
 2d Session         }                         {              115-428

======================================================================



 
       LAND AND WATER CONSERVATION AUTHORIZATION AND FUNDING ACT

                                _______
                                

               December 11, 2018.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 569]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 569) to amend title 54, United States 
Code, to provide consistent and reliable authority for, and for 
the funding of, the Land and Water Conservation Fund to 
maximize the effectiveness of the Fund for future generations, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment in the nature of a 
substitute and recommends 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 
Authorization and Funding Act''.

SEC. 2. PERMANENT AUTHORIZATION AND FULL FUNDING OF THE LAND AND WATER 
                    CONSERVATION FUND.

    (a) Authorization.--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)--
                  (A) in paragraph (1), by striking ``through September 
                30, 2018''; and
                  (B) by striking paragraph (3).
    (b) Full Funding.--
          (1) In general.--Section 200303 of title 54, United States 
        Code, is amended to read as follows:
``Sec. 200303. Availability of funds
    ``(a) In General.--For fiscal year 2019 and each fiscal year 
thereafter, amounts deposited in the Fund under section 200302 shall be 
made available for expenditure, without further appropriation or fiscal 
year limitation, to carry out the purposes of the Fund (including 
accounts and programs made available from the Fund under the 
Consolidated and Further Continuing Appropriations Act, 2015 (Public 
Law 113-235)).
    ``(b) Additional Amounts.--Amounts made available under subsection 
(a) shall be in addition to amounts made available to the Fund under 
section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 
U.S.C. 1331 note; Public Law 109-432) or otherwise appropriated from 
the Fund.
    ``(c) Allocation Authority.--
          ``(1) Submission of cost estimates.--The President shall 
        submit to Congress detailed account, program, and project 
        allocations to be funded under subsection (a) as part of the 
        annual budget submission of the President.
          ``(2) Alternate allocation.--
                  ``(A) In general.--Appropriations Acts may provide 
                for alternate allocation of amounts made available 
                under subsection (a), including allocations by account 
                and program.
                  ``(B) Allocation by president.--
                                  ``(i) No alternate allocations.--If 
                                Congress has not enacted legislation 
                                establishing alternate allocations by 
                                the date that is 120 days after the 
                                date on which the applicable fiscal 
                                year begins, amounts made available 
                                under subsection (a) shall be allocated 
                                by the President.
                                  ``(ii) Insufficient alternate 
                                allocation.--If Congress enacts 
                                legislation establishing alternate 
                                allocations for amounts made available 
                                under subsection (a) that are less than 
                                the full amount appropriated under that 
                                subsection, the difference between the 
                                amount appropriated and the alternate 
                                allocation shall be allocated by the 
                                President.
          ``(3) Annual report.--The President shall submit to Congress 
        an annual report that describes the final allocation by 
        account, program, and project of amounts made available under 
        subsection (a), including a description of the status of 
        obligations and expenditures.''.
          (2) Clerical amendment.--The table of sections for chapter 
        2003 of title 54, United States Code, is amended by striking 
        the item relating to section 200303 and inserting the 
        following:

``Sec. 200303. Availability of funds.''.

    (c) Public Access.--Section 200306 of title 54, United States Code, 
is amended by adding at the end the following:
    ``(c) Public Access.--Not less than 1.5 percent of the annual 
authorized funding amount shall be made available each year for 
projects that secure recreational public access to existing Federal 
public land for hunting, fishing, or other recreational purposes.''.

                                Purpose

    The purpose of S. 569 is to amend title 54, United States 
Code, to provide consistent and reliable authority for, and for 
the funding of, the Land and Water Conservation Fund to 
maximize the effectiveness of the Fund for future generations.

                          Background and Need

    During the late 1950s and early 1960s, the public demand 
for areas to recreate was on the rise. A 1957 report of the 
Senate Interior and Insular Affairs Committee (the predecessor 
to the Energy and Natural Resources Committee) noted that 
national forest use tripled in the 20 years from 1926 to 1946, 
and then tripled again in the 10-year period between 1946 and 
1956 (S. Rept. 85-471). Similar increases in visitation were 
causing management challenges in national parks.
    Extensive private inholdings existed within the boundaries 
of Federally administered areas that could be acquired for 
their recreational value or to improve administration. In 1958, 
Congress enacted Public Law 85-470 which established the 
Outdoor Recreation Resources Review Commission (ORRRC) to look 
at these issues. The ORRRC's report to the President and 
Congress, which was completed in 1962, recommended a national 
outdoor recreation policy, including a dedicated source of 
Federal funding for outdoor recreation resources and 
comprehensive State planning for recreation.
    Congress responded by enacting Public Law 88-578, the Land 
and Water Conservation Fund Act of 1965 (Act). The purpose of 
the Act was to help preserve, develop, and ensure access to 
outdoor recreation resources. The Act created the Land and 
Water Conservation Fund (LWCF) in the U.S. Treasury and 
authorized Congress to appropriate funds from the LWCF for the 
following general purposes: Federal acquisition of land, 
waters, and interests in land and waters; matching grants to 
States for recreation planning; acquiring recreational lands, 
waters, or related interests; or developing outdoor 
recreational facilities; and related purposes.
    Currently, the LWCF is authorized to accrue $900 million 
annually under the Act in specified revenues from three 
sources: (1) surplus property sales; (2) the federal motorboat 
tax and (3) revenues from oil and gas leases on the Outer 
Continental Shelf (OCS). The vast majority of revenues 
deposited into the fund come from OCS oil and gas leases. The 
1965 Act did not specify an authorized level of funding. In 
1976, the Act was amended to specify the $900 million annual 
authorization level. This authorization for the LWCF to accrue 
$900 million annually expired on September 30, 2018. The 
authority to carry out the purposes of the Act, including the 
authority to appropriate monies from the LWCF, does not have an 
expiration date.
    The LWCF receives additional revenue above the $900 million 
annually under the Act pursuant to under the Gulf of Mexico 
Energy Security Act of 2006 (Public Law 109-432, GOMESA). These 
monies from qualified OCS leases under GOMESA directed to the 
LWCF are mandatory, and can be used only for the state matching 
grant program in accordance with the terms of the Act. The 
authority for the LWCF to accrue revenues under GOMESA does not 
have an expiration date.
    The $900 million in revenues that accrue to the LWCF under 
the LWCF Act are available only if appropriated by Congress. 
The level of annual Congressional appropriations has varied 
widely since the fund's origin, and in most years LWCF programs 
have received far less than the $900 million authorized amount. 
In its August 17, 2018 report titled ``Land and Water 
Conservation Fund: Overview, Funding History, and Issues,'' the 
Congressional Research Service calculates that from fiscal year 
(FY) 1965 through FY 2018, approximately $40.0 billion has been 
credited to the LWCF but less than half of that amount has been 
appropriated, leaving an unappropriated balance of $21.6 
billion.
    S. 569 amends the LWCF Act to make the $900 million in 
annual LWCF revenues available without further legislative 
action (appropriations acts), thus providing mandatory spending 
authority of $900 million annually from the LWCF. S. 569 
specifies that the $900 million in annual mandatory 
appropriations to be provided under the bill would be in 
addition to the mandatory appropriations under GOMESA.

                          Legislative History

    S. 569 was introduced by Senators Cantwell, Baldwin, 
Bennet, Burr, Cardin, Casey, Coons, Feinstein, Franken, 
Gillibrand, Heinrich, Hirono, Klobuchar, Manchin, Markey, 
Merkley, Sanders, Schatz, Shaheen, Stabenow, Tester, and Wyden 
on March 8, 2017.
    Similar legislation, H.R. 6759, was introduced in the House 
of Representatives by Representative Grijalva on September 10, 
2018.
    In the 114th Congress, Senators Cantwell, Bennet, Heinrich, 
Tester, Udall, and Wyden introduced similar legislation, S. 
890, which was referred to the Committee on Energy and Natural 
Resources.
    In the 113th Congress, Senators Baucus, Burr, Wyden, 
Graham, Mark Udall, Tester, and Tom Udall introduced similar 
legislation, S. 338, which was referred to the Committee on 
Energy and Natural Resources.
    At its business meeting on October 2, 2018, the Committee 
on Energy and Natural Resources, on a recorded vote, ordered S. 
569 favorably reported as amended.

            Committee Recommendation and Tabulation of Votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on October 2, 2018, by a majority vote of 
a quorum present, recommends that the Senate pass S. 569, if 
amended as described herein.
    The roll call vote on reporting the measure was 16 yeas, 7 
nays, as follows:

        YEAS                          NAYS
Mr. Daines                          Ms. Murkowski
Mr. Gardner                         Mr. Barrasso
Mr. Alexander                       Mr. Risch
Mr. Portman                         Mr. Lee
Ms. Capito                          Mr. Flake
Ms. Cantwell                        Mr. Hoeven*
Mr. Wyden*                          Mr. Cassidy
Mr. Sanders*
Ms. Stabenow
Mr. Manchin*
Mr. Heinrich
Ms. Hirono
Mr. King
Ms. Duckworth
Ms. Cortez Masto
Ms. Smith

                          Committee Amendment

    During its consideration of S. 569, the Committee adopted 
an amendment in the nature of a substitute. The substitute 
amendment amends 54 U.S.C. 200302 to strike the September 30, 
2018, expiration date for deposits to the LWCF and replace it 
with a requirement to deposit $900 million in specified 
revenues annually in perpetuity beginning in FY2019. The 
substitute amendment further eliminates the unappropriated 
balance in the LWCF. The substitute amendment also strikes 54 
U.S.C. 200303 and replaces it with a new section 200303 that 
provides $900 million in annual mandatory spending authority 
from the LWCF and specifies that the $900 million in annual 
mandatory spending is in addition to the mandatory 
appropriations under GOMESA. The substitute amendment also 
prescribes a procedure for allocating the $900 million in 
mandatory spending from the LWCF.

                      Section-by-Section Analysis


Sec. 1. Short title

    Section 1 contains the short title.

Sec. 2. Permanent authorization and full funding of the Land and Water 
        Conservation Fund

    Subsection (a) amends 52 U.S.C. 200302 to strike the 
September 30, 2018, expiration for the authorization to collect 
and deposit specified revenues into the LWCF. This subsection 
also requires that $900 million in specified revenues be 
deposited annually into the LWCF in perpetuity. Further 
Subsection (a) strikes the unappropriated balance in the LWCF.
    Subsection (b) strikes section 200303 of title 54 and 
replaces it with a new section 200303 that includes the 
following: Section 200303(a) provides that the $900 million 
deposited into the Fund under section 200302 be made available 
for expenditure, without further appropriation or fiscal year 
limitation, to carry out the purposes of the Fund (including 
accounts and programs made available from the Fund under the 
Consolidated and Further Continuing Appropriations Act, 2015). 
Section 200303(b) specifies that the amounts made available 
under the LWCF Act shall be in addition to any amounts made 
available to the Fund under section 105 of the Gulf of Mexico 
Energy Security Act of 2006 (43 U.S.C. 1131 note; Public Law 
109-432). Section 200303(c) requires the President to submit to 
Congress detailed account, program, and project allocations to 
be funded from amounts deposited into the Fund under section 
200303 as part of the annual budget submission of the 
President. Section 200303(c) also provides for alternate 
allocation of amounts, including allocations by account and 
program, by Appropriations Acts. The President is further 
required to submit an annual report to Congress that describes 
the final allocation by account, program, and project of 
amounts made available from the Fund, including a description 
of the status of obligations and expenditures.
    Subsection (c) amends section 200306 of title 54 by 
providing that not less than 1.5 percent of the annual 
authorized funding amount shall be made available each year for 
projects that secure recreational public access to existing 
Federal public land for hunting, fishing, or other recreational 
purposes.

Sec. 3. Report

    Subsection (a) requires that not later than one year after 
the date of enactment, and annually thereafter, the Secretary 
of the Interior and the Secretary of Agriculture shall jointly 
submit to Congress a report that describes the LWCF amounts 
that were expended in each State in the previous year.
    Subsection (b) requires that this report include a 
breakdown of all programs and activities for which amounts were 
expended in a State, including Federal land acquisitions; State 
grants, including competitive State grants; and all other 
programs and activities that use amounts from the fund.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:
    Summary: S. 569 would permanently authorize the annual 
deposit of at least $900 million from various federal sources 
into the Land and Water Conservation Fund (LWCF). The current 
authorization to make those deposits expired on October 1, 
2018. The bill also would make the amounts deposited into the 
LWCF available to spend without further appropriation by the 
Department of the Interior (DOI) and the Forest Service to 
acquire land and to make grants to states to support outdoor 
recreation.
    CBO estimates that enacting S. 569 would increase direct 
spending by $7.2 billion over the 2019-2028 period; therefore, 
pay-as-you-go procedures apply. The bill would not affect 
revenues or spending subject to appropriation.
    CBO estimates that enacting S. 569 would increase net 
direct spending and on-budget deficits by more than $5 billion 
in each of the four consecutive 10-year periods beginning in 
2029.
    S. 569 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of S. 569 is shown in the following table. The 
costs of the legislation fall within budget function 300 
(natural resources and the environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      By fiscal year, in millions of dollars--
                                                          ----------------------------------------------------------------------------------------------
                                                             2019     2020   2021   2022   2023   2024   2025   2026   2027   2028  2019-2023  2019-2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              INCREASES IN DIRECT SPENDING
 
Estimated Budget Authority...............................    22,482    900    900    900    900    900    900    900    900    900     26,082     30,582
Estimated Outlays........................................       275    500    675    750    775    800    825    850    875    900      2,975      7,225
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the start of 2019.
    CBO estimates that enacting S. 569 would make $30.6 billion 
in new budget authority available to DOI and the Forest Service 
for land acquisition, state grants for outdoor recreation, and 
other purposes; resulting outlays would total $7.2 billion over 
the 2019-2028 period.

Background

    Until October 1, 2018, the LWCF was authorized to receive 
annual deposits of at least $900 million from various federal 
sources. Most of those deposits are proceeds from offshore oil 
and gas leases; other sources include federal motorboat fuel 
taxes and proceeds from certain surplus property sales. Under 
current law, the LWCF is permanently authorized to spend 
amounts deposited into the fund only if they are subsequently 
appropriated. In 2018, the Congress appropriated a total of 
$425 million from the LWCF to DOI and the Forest Service.\1\ 
Since the LWCF was established in 1965, about $18.4 billion has 
been appropriated from the fund, unadjusted for inflation.
---------------------------------------------------------------------------
    \1\Carol Hardy Vincent, Land and Water Conservation Fund: Overview, 
Funding History, and Issues, Report for Congress RL33531 (Congressional 
Research Service, August 17, 2018), https://go.usa.gov/xP7af.
---------------------------------------------------------------------------
    In addition, under the Gulf of Mexico Energy Security Act 
of 2006 (GOMESA), 12.5 percent of proceeds from certain 
offshore oil and gas leases are deposited into the LWCF and are 
available to spend without further appropriation for a state 
grant program administered by the National Park Service (NPS). 
In CBO's April 2018 baseline, CBO projects that about $125 
million will be deposited annually over the 2019-2028 period 
from lease proceeds under GOMESA. Those amounts are in addition 
to amounts that would be made available under S. 569.

Deposits into the LWCF

    S. 569 would permanently authorize the annual deposit of at 
least $900 million into the LWCF. Amounts in the fund would be 
available to DOI and the Forest Service for land acquisition, 
state grants, and other purposes. CBO expects that under the 
bill, the balance of unobligated funds credited to the LWCF at 
the start of 2019, which we estimate totals about $21.6 
billion, also would be available for spending. That amount 
excludes funds credited and spent under GOMESA. Thus, CBO 
estimates that enacting S. 569 would make $22.5 billion in new 
budget authority available in 2019-the balance of unobligated 
funds, plus $900 million-and $900 million each year thereafter.

Spendout of funds

    S. 569 would require the President to submit a proposed 
allocation of spending from the LWCF as part of the annual 
budget submission. Under the bill, the Congress could provide 
for alternate allocations in appropriations acts. If the 
Congress does not provide for alternate allocations within 120 
days of the start of the applicable fiscal year, amounts in the 
LWCF would be allocated by the President. CBO expects that any 
changes in allocations by the Congress could affect the amount 
of direct spending. However, because any such changes would 
result from subsequent legislation, for this estimate, CBO does 
not assume any Congressional changes to the allocations.
    CBO has no information on how the President would allocate 
amounts in the LWCF for spending. CBO contacted DOI, the Bureau 
of Land Management, the NPS, the U.S. Fish and Wildlife 
Service, and the Forest Service to collect information on 
current land acquisition needs and backlogs, demand for state 
grants, and historical appropriations.\2\ Using information 
from those agencies, and based on historical spending patterns 
for similar activities, CBO estimates that the federal 
government would spend, on average, about $720 million annually 
under the bill. That estimate reflects an increase of 70 
percent over the amount of funding provided in recent years for 
those purposes. In addition, CBO expects that the government 
would continue to spend from the LWCF after 2028.
---------------------------------------------------------------------------
    \2\For example, according to the NPS, the current estimated cost to 
acquire the backlog of lands identified for acquisition is about $2.1 
billion. For more information, see National Park Service, Land and 
Water Conservation Fund, ``Land Acquisition Status'' (January 12, 
2016), https://go.usa.gov/xP7C8.
---------------------------------------------------------------------------
    Uncertainty: CBO aims to produce cost estimates that 
generally reflect the middle of a range of the most likely 
budgetary outcomes that would result if the legislation was 
enacted. In preparing this estimate, CBO accounted for several 
sources of uncertainty.
    In CBO's view, whether the unobligated balance credited to 
the LWCF would be available to spend under the bill is not 
clear. If those amounts are determined to be unavailable, the 
budget authority for 2019 would be reduced by $21.6 billion.
    In addition, there is some uncertainty about how the 
allocation process would be implemented. Whether the bill would 
require the President to allocate a minimum or maximum amount 
in any year is not clear. The President could allocate more or 
less than the amounts included in this estimate. However, if 
the Congress enacts legislation that establishes alternate 
allocations, S. 569 would direct the President to allocate the 
difference between the budget authority made available in each 
year and the amount allocated by the Congress. Thus, CBO 
expects that any subsequent legislation that alters the 
allocations could increase the potential for direct spending 
from the LWCF, relative to this estimate.
    Direct spending also could be higher or lower for the 
following reasons:
           Shifts in agencies' land acquisition 
        projects and priorities, which may affect the pace of 
        future spending are hard to predict;
           Certain factors outside of the government's 
        control--including the identification and availability 
        of willing sellers, or land values--could affect the 
        rate of acquisitions; and
           States' demand for land acquisition and 
        recreation grants is hard to foresee. Shifts in state 
        policies or fiscal climates could affect the demand for 
        such grants and the resulting spending.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in the table on page 5.
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting S. 569 would increase net direct 
spending and on-budget deficits by more than $5 billion in each 
of the four consecutive 10-year periods beginning in 2029.

   CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 569, THE LAND AND WATER CONSERVATION AUTHORIZATION AND FUNDING ACT, AS ORDERED REPORTED BY THE SENATE
                                              COMMITTEE ON ENERGY AND NATURAL RESOURCES ON OCTOBER 2, 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  By fiscal year, in millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2019    2020    2021    2022    2023    2024    2025    2026    2027    2028   2019-2023  2019-2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET INCREASE IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact....................     275     500     675     750     775     800     825     850     875     900      2,975      7,225
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Mandates: S. 569 contains no intergovernmental or private-
sector mandates as defined in UMRA.
    Previous CBO estimate: On September 25, 2018, CBO 
transmitted a cost estimate for H.R. 502, the Land and Water 
Conservation Fund Reauthorization and Fairness Act, as ordered 
reported by the House Committee on Natural Resources on 
September 13, 2018. Both bills would permanently authorize the 
annual deposit of at least $900 million into the fund; however, 
S. 569 would make those amounts available to spend without 
further appropriation. Accordingly, CBO's estimates of their 
budgetary effects differ.
    Estimate prepared by: Federal costs: Janani Shankaran; 
Mandates: Zachary Byrum.
    Estimate reviewed by: Kim P. Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis; Theresa Gullo, 
Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 569. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 569, as ordered reported.

                   Congressionally Directed Spending

    S. 569, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The Committee did not request Executive Agency views on S. 
569.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 569, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 54--NATIONAL PARK SERVICE AND RELATED PROGRAMS

           *       *       *       *       *       *       *


Subtitle II--Outdoor Recreation Programs

           *       *       *       *       *       *       *


             CHAPTER 2003--LAND AND WATER CONSERVATION FUND

Sec.
200301. Definitions.
200302. Establishment of Land and Water Conservation Fund.
200303. Appropriations for expenditure of Fund amounts.
200304. Statement of estimated requirements.
200305. Financial assistance to States.
200306. Allocation of Fund amounts for Federal purposes.
200307. Availability of Fund amounts for publicity purposes.
200308. Contracts for acquisition of land and water.
200309. Contracts for options to acquire land and water in System.
200310. Transfers to and from Fund.

Sec. 200301. Definitions

    In this chapter:
          (1) Fund.--The term ``Fund'' means the Land and Water 
        Conservation Fund established under section 200302 of 
        this title.
          (2) State.--The term ``State'' means a State, the 
        District of Columbia, Puerto Rico, Guam, American 
        Samoa, the Virgin Islands, and the Northern Mariana 
        Islands.

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. 200303. Appropriations for expenditure of Fund amounts

    [Amounts deposited in the Fund shall be available for 
expenditure for the purposes of this chapter only when 
appropriated for those purposes. The appropriations may be made 
without fiscal-year limitation. Amounts made available for 
obligation or expenditure from the Fund may be obligated or 
expended only as provided in this chapter.]

``Sec. 200303. Availability of funds

    ``(a) In General.--For fiscal year 2019 and each fiscal 
year thereafter, amounts deposited in the Fund under section 
200302 shall be made available for expenditure, without further 
appropriation or fiscal year limitation, to carry out the 
purposes of the Fund (including accounts and programs made 
available from the Fund under the Consolidated and Further 
Continuing Appropriations Act, 2015 (Public Law 113-235)).
    ``(b) Additional Amounts.--Amounts made available under 
subsection (a) shall be in addition to amounts made available 
to the Fund under section 105 of the Gulf of Mexico Energy 
Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) 
or otherwise appropriated from the Fund.
    ``(c) Allocation Authority.--
          ``(1) Submission of cost estimates.--The President 
        shall submit to Congress detailed account, program, and 
        project allocations to be funded under subsection (a) 
        as part of the annual budget submission of the 
        President.
          ``(2) Alternate allocation.--
                  ``(A) In general.--Appropriations Acts may 
                provide for alternate allocation of amounts 
                made available under subsection (a), including 
                allocations by account and program.
                  ``(B) Allocation by president.--
                          ``(i) No alternate allocations.--If 
                        Congress has not enacted legislation 
                        establishing alternate allocations by 
                        the date that is 120 days after the 
                        date on which the applicable fiscal 
                        year begins, amounts made available 
                        under subsection (a) shall be allocated 
                        by the President.
                          ``(ii) Insufficient alternate 
                        allocation.--If Congress enacts 
                        legislation establishing alternate 
                        allocations for amounts made available 
                        under subsection (a) that are less than 
                        the full amount appropriated under that 
                        subsection, the difference between the 
                        amount appropriated and the alternate 
                        allocation shall be allocated by the 
                        President.
          ``(3) Annual report.--The President shall submit to 
        Congress an annual report that describes the final 
        allocation by account, program, and project of amounts 
        made available under subsection (a), including a 
        description of the status of obligations and 
        expenditures.''.
          (2) Clerical amendment.--The table of sections for 
        chapter 2003 of title 54, United States Code, is 
        amended by striking the item relating to section 200303 
        and inserting the following:

``Sec. 200303. Availability of funds.''

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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.--Not less than 1.5 percent of the annual 
authorized funding amount shall be made available each year for 
projects that secure recreational public access to existing 
Federal public land for hunting, fishing, or other recreational 
purposes.

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