H. Rept. 116-277 - LAND AND WATER CONSERVATION FUND PERMANENT FUNDING ACT116th Congress (2019-2020)
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116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-277
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LAND AND WATER CONSERVATION FUND PERMANENT FUNDING ACT
_______
November 8, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 3195]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3195) to amend title 54, United States Code, to
provide permanent, dedicated funding for the Land and Water
Conservation Fund, and for other purposes, 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
Permanent Funding Act''.
SEC. 2. PERMANENT FULL FUNDING OF THE LAND AND WATER CONSERVATION FUND.
(a) 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 each fiscal year beginning after the date of
the enactment of this section, 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; 128 Stat. 2130)).
``(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) Recreational public access.--Amounts expended from the
Fund under this section shall be consistent with the
requirements for recreational public access for hunting,
fishing, recreational shooting, or other outdoor recreational
purposes under section 200306(c).
``(4) 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.''.
(b) Conforming Amendment.--Section 200302(c) of title 54, United
States Code, is amended by striking paragraph (3).
(c) 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:
``200303. Availability of funds.''.
Purpose of the Bill
The purpose of H.R. 3195 is to amend title 54, United
States Code, to provide permanent, dedicated funding for the
Land and Water Conservation Fund, and for other purposes.
Background and Need for Legislation
The Land and Water Conservation Fund Act of 1965\1\ was
enacted to preserve, develop, and bolster public access to
outdoor recreation on public lands. For over 50 years, the Land
and Water Conservation Fund (LWCF or the Fund) has carried out
a simple, bipartisan idea: use revenues from the depletion of
one resource, oil and gas, to conserve another, our land and
water, in order to provide recreational opportunities for all
Americans. These goals are achieved through the federal
acquisition of lands, waters, and other interests therein and
through state grants for recreational planning, acquisitions,
the development of recreational facilities, or for other
related purposes.
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\1\Pub. L. No. 88-578, 78 Stat. 897 (1964).
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Since FY1978, LWCF has been authorized to accrue $900
million annually, and, in FY2019, Congress passed permanent
authorization for LWCF, ensuring the Fund would be authorized
to receive $900 million annually in perpetuity.\2\ These funds
come from three specific sources: the federal motorboat fuel
tax, surplus property taxes, and revenues from oil and gas
leases on the Outer Continental Shelf (OCS). LWCF has
historically accumulated most of its money from OCS leases--
around 95% of money credited to LWCF since 1965 has come from
OCS leases.\3\ LWCF also receives additional funds under the
Gulf of Mexico Energy Security Act of 2006 (GOMESA).\4\ Under
GOMESA, additional revenues from OCS leasing are credited to
LWCF and can be used only for state grants to support outdoor
recreation.
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\2\John D. Dingell, Jr. Conservation, Management, and Recreation
Act, Pub. L. No. 116-9, Sec. 3001, 133 Stat. 580, 754 (2019).
\3\See Carol Hardy Vincent, Cong. Research Serv., RL33531, Land and
Water Conservation Fund: Overview, Funding History, and Issues 3
(updated June 19, 2019).
\4\Tax Relief and Health Care Act of 2006, Pub. L. No. 109-432,
div. C, tit. 1, 120 Stat. 2922, 3000 (2006).
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Although LWCF is permanently authorized to receive $900
million annually, the expenditure of those funds remains
subject to Congressional appropriations.\5\ Congressional
appropriations have varied widely since the Fund's
establishment, with Congress appropriating the fully authorized
level on only two occasions--FY1998 and FY2001. Typically,
Congress appropriates about half of LWCF's authorized funding
level: since the Fund's inception, $40.9 billion has been
credited to the LWCF, but only $18.9 billion has been
appropriated to LWCF projects and acquisitions--leaving an
unappropriated balance of $22 billion.\6\
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\5\However, the money credited to the LWCF from GOMESA is not
subject to appropriation (i.e., mandatory appropriation).
\6\Vincent, supra note 3, at 3.
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This appropriations shortfall has limited LWCF funding for
projects across the nation. To ensure that the revenues
collected in LWCF each year go toward funding LWCF projects and
acquisitions, H.R. 3195 amends the Land and Water Conservation
Fund Act of 1965 to guarantee that the $900 million in annual
LWCF revenues are available without further congressional
appropriation, providing mandatory spending authority of $900
million annually from the LWCF. The bill stipulates that the
$900 million in annual mandatory appropriations would be in
addition to the mandatory appropriations under GOMESA.
H.R. 3195 would also amend the Land and Water Conservation
Fund Act of 1965 to ensure that this authorization of mandatory
funding does not limit congressional oversight. H.R. 3195
includes provisions requiring that when the President submits
their budget proposal to the Congress, it must include a list
detailing each project to be funded by LWCF, including project
descriptions and dollar amounts. Congress, through the
appropriations process, would then have the authority to modify
the President's proposed list. The bill also stipulates that
the President be required to submit an annual report to the
Congress detailing project-level funding information, including
obligations and expenditures.
Committee Action
H.R. 3195, the Land and Water Conservation Fund Permanent
Funding Act, was introduced on June 11, 2019, by Representative
Jefferson Van Drew (D-NJ). The bill was referred solely to the
Committee on Natural Resources. On June 19, 2019, the Committee
met to consider the bill. The Subcommittee was discharged by
unanimous consent. Chair Raul Grijalva (D-AZ) offered an
amendment in the nature of a substitute. Representative Tom
McClintock (R-CA) offered and withdrew an amendment designated
McClintock #1 to the amendment in the nature of a substitute.
Representative Bruce Westerman (R-AR) offered an amendment
designated Westerman #2 to the amendment in the nature of a
substitute. The amendment was not agreed to by a roll call vote
of 12 yeas and 21 nays, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Representative Paul Gosar (R-AZ) offered an amendment
designated Gosar.126 to the amendment in the nature of a
substitute. The amendment was not agreed to by roll call vote
of 14 yeas and 20 nays, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Representative Gosar offered an amendment designated
Gosar.127 to the amendment in the nature of a substitute. The
amendment was not agreed to by a roll call vote of 13 yeas and
21 nays, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Representative Gosar offered an amendment designated
Gosar.128 to the amendment in the nature of a substitute. The
amendment was not agreed to by a roll call vote of 13 yeas and
21 nays, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Representative Gosar offered an amendment designated
Gosar.129 to the amendment in the nature of a substitute. The
amendment was not agreed to by a roll call vote of 14 yeas and
20 nays, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Representative Gosar offered an amendment designated
Gosar.133 to the amendment in the nature of a substitute. The
amendment was not agreed to by a roll call vote of 12 yeas and
22 nays, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Representative Garret Graves (R-LA) offered an amendment
designated Graves #1 to the amendment in the nature of a
substitute. The amendment was not agreed to by a roll call vote
of 12 yeas and 22 nays, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Representative Graves offered an amendment designated
Graves #2 to the amendment in the nature of a substitute. The
amendment was not agreed to by a roll call vote of 12 yeas and
22 nays, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Representative Graves offered an amendment designated
Graves #3 to the amendment in the nature of a substitute. The
amendment was not agreed to by a roll call vote of 13 yeas and
20 nays, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Representative Graves offered an amendment, as amended by
unanimous consent, designated Graves #4 to the amendment in the
nature of a substitute. The amendment was not agreed to by a
roll call vote of 12 yeas and 21 nays, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Representative Graves offered an amendment designated
Graves #5 to the amendment in the nature of a substitute. The
amendment was not agreed to by a roll call vote of 13 yeas and
20 nays, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Representative Graves offered an amendment designated
Graves #6 to the amendment in the nature of a substitute. The
amendment was not agreed to by voice vote. Representative
Graves offered an amendment designated Graves #7 to the
amendment in the nature of a substitute. The amendment was not
agreed to by a roll call vote of 14 yeas and 20 nays, as
follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Representative Graves offered an amendment designated
Graves #8 to the amendment in the nature of a substitute. The
amendment was not agreed to by voice vote. The amendment in the
nature of a substitute offered by Chair Grijalva was adopted by
voice vote. The bill, as amended, was ordered favorably
reported to the House of Representatives by a roll call vote of
21 yeas and 13 nays, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearing was used to develop or
consider H.R. 3195: full Committee markup held on June 19,
2019.
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, August 20, 2019.
Hon. Raul M. Grijalva,
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. 3195, the Land and
Water Conservation Fund Permanent Funding Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is David Hughes.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
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Bill summary: H.R. 3195 would authorize the Department of
the Interior (DOI) and the Forest Service, which is within the
Department of Agriculture, to spend amounts in the Land and
Water Conservation Fund without further appropriation or fiscal
year limitation. In addition, the bill would create a process
for the President and the Congress to establish annual funding
allocations. Finally, under H.R. 3195, the President would be
required to report annually to the Congress on the status of
LWCF obligations and outlays and on allocations by account,
program, and project.
Estimated federal cost: The estimated budgetary effect of
H.R. 3195 is shown in Table 1. The costs of the legislation
fall within budget function 300 (natural resources and the
environment).
TABLE 1.--ESTIMATED INCREASES IN DIRECT SPENDING UNDER H.R. 3195
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By fiscal year, in millions of dollars--
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2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2019-2024 2019-2029
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INCREASES IN DIRECT SPENDING
Estimated Budget Authority......................... 0 22,085 900 900 900 900 900 900 900 900 900 25,685 30,185
Estimated Outlays.................................. 0 275 500 675 750 775 800 825 850 875 900 2,975 7,225
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Basis of estimate: The LWCF is permanently authorized to
receive annual deposits of at least $900 million, mostly from
federal receipts from offshore oil and gas leases but also from
federal motorboat fuel taxes and proceeds from certain sales of
surplus property, among other smaller sources. Since its
establishment in 1965, $40.9 billion has been credited to the
LWCF.\1\ Under current law, DOI and the Forest Service are
authorized to spend amounts deposited into the fund only if
those funds are subsequently appropriated. In 2019, the
Congress appropriated a total of $435 million from the LWCF to
those agencies. Since 1965, $19.7 billion has been appropriated
from the fund, and $21.2 billion remains available.
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\1\See Carol Hardy Vincent, Land and Water Conservation Fund:
Overview, Funding History, and Issues, Report for Congress RL33531
(Congressional Research Service, June 19, 2019), https://go.usa.gov/
xVavq.
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Under the Gulf of Mexico Energy Security Act of 2006
(GOMESA), 12.5 percent of proceeds from certain offshore oil
and gas leases is deposited into the LWCF and available to be
spent without further appropriation on a state grant program
that is administered by the National Park Service, which is
within DOI. CBO estimates that about $119 million will be
deposited and spent annually over the 2020-2029 period from
that source.
New budget authority
CBO assumes that H.R. 3195 will be enacted near the end of
fiscal year 2019. Under the bill, at the beginning of fiscal
year 2020 the $21.2 billion in unappropriated funds would
become permanently available for expenditure. (That amount
excludes funds credited under GOMESA, which are authorized to
be spent under current law.) Another $900 million would become
available by the end of 2020 from deposits made that year.
Thus, CBO estimates that enacting H.R. 3195 would make about
$22.1 billion available by the end of 2020 and $900 million
would be available annually from deposits into the fund over
the 2021-2029 period.
Pace of spending
H.R. 3195 would require the President to propose annual
spending allocations from the LWCF. The Congress could provide
alternative allocations in appropriation acts within the first
120 days of a fiscal year. If it failed to do so, the
President's allocations would stand.
CBO cannot predict how funds would ultimately be allocated
under the bill. However, on the basis of information from
agencies within DOI and from the Forest Service about land
acquisition needs and backlogs, demand for state grants, and
historical spending patterns for similar activities, CBO
estimates that the federal government would gradually increase
its spending under the bill from $275 million in 2020 to $900
million in 2029, the full amount of the deposits that year.\2\
(Discretionary appropriations from the LWCF averaged about $425
billion annually over the past four fiscal years.) CBO expects
that the government would continue spending from the fund after
2029.
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\2\According to the National Park Service, acquiring lands already
identified for purchase would cost about $2.1 billion. See National
Park Service, Land and Water Conservation Fund, ``Land and Water
Conservation Fund: Land Acquisition Status'' (January 12, 2016),
https://go.usa.gov/xVavG.
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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 Table 1.
Increase in long-term deficits: CBO estimates that enacting
H.R. 3195 would increase on-budget deficits by more than $5
billion in at least one of the four consecutive 10-year periods
beginning in 2030.
Mandates: None.
Estimate prepared by: Federal costs: David Hughes;
Mandates: Lilia Ledezma.
Estimate reviewed by: Kim Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; 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 goals and
objectives of this bill is to amend title 54, United States
Code, to provide permanent, dedicated funding for 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.
Unfunded Mandates Reform Act Statement
This bill contains no unfunded mandates.
Existing Programs
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local, or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
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.
200301. Definitions.
* * * * * * *
[200303. Appropriations for expenditure of Fund amounts.]
200303. Availability of funds.
* * * * * * *
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.--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.
(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 each fiscal year beginning after the
date of the enactment of this section, 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; 128 Stat. 2130)).
(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) Recreational public access.--Amounts expended
from the Fund under this section shall be consistent
with the requirements for recreational public access
for hunting, fishing, recreational shooting, or other
outdoor recreational purposes under section 200306(c).
(4) 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.
* * * * * * *
DISSENTING VIEWS
H.R. 3195 provides permanent mandatory funding of at least
$900 million a year to the Land and Water Conservation Fund
(LWCF). This misguided bill would surrender in perpetuity
Congress's constitutional responsibility and authority to
exercise Article 1 discretion over spending. This bill, which
was introduced on June 11, 2019, and scheduled for markup
within a week without a legislative hearing, arbitrarily
increases annual LWCF spending to more than double the most
recent appropriated levels, which have not exceeded $450
million in over ten years.\1\ H.R. 3195 also contains zero
attempts to safeguard against further maintenance backlog
buildup for the new federal lands that will be acquired with
funding under this bill. Offering unending mandatory funding is
unwise, particularly without taking care of the land already
under federal ownership. Finally, it is deeply ironic that
Committee Democrats are pushing for such a drastic spending
increase for a program that relies solely upon offshore energy
revenue while at the same markup favorably reported on a
partisan basis other legislation that would unquestionably harm
the future potential of that very same funding source.
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\1\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.
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We remain supportive of many aspects of LWCF, which is why
earlier this year, following thorough bipartisan and bicameral
negotiation, a permanent reauthorization of the LWCF was signed
into law. This reauthorization included meaningful reforms to
the LWCF, including appropriate limits on federal land
acquisition, while crucially maintaining Congress' authority to
appropriate the monies for LWCF purposes.
During markup of H.R. 3195, several amendments offered by
Republicans seeking to address additional identified flaws with
the program were rejected on largely party line votes. Among
these were a prohibition on the use of eminent domain and a
maintenance backlog prioritization, among other thoughtful
improvements to this problematic legislation. Regrettably, all
of these amendments were rejected, and the Democrats advanced
this bill without a single Republican vote. Overcoming both the
budgetary flaws and a lack of significant bipartisan support
will mean dark skies for the future of this legislation, as
with so many other bills reported by the current Committee
leadership.
Rob Bishop.
Paul Gosar.
Jody Hice.
Bruce Westerman.
Louie Gohmert.
Amata Radewagen.
DISSENTING VIEWS
H.R. 3195 provides permanent mandatory funding of at least
$900 million a year to the Land and Water Conservation Fund
(LWCF). This misguided bill which was introduced on June 11,
2019, and scheduled for markup within a week without a
legislative hearing, more than double the most recent
appropriated levels, which have not exceeded $450 million in
over ten years.\1\ H.R. 3195 also contains zero attempts to
safeguard against further maintenance backlog buildup for the
new federal lands that will be acquired with funding under this
bill and fails to recognize the environmental needs of the Gulf
producing States that host energy production.
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\1\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.
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In 1964, Congress passed LWCF to safeguard natural areas,
water resources, and our cultural heritage, and to provide
recreation opportunities throughout the nation. However, in
addition to the lack of foresight regarding the deferred
maintenance backlog on federal lands, H.R. 3195 fails to
recognize one of the nation's largest environmental disasters,
compromising the future of the program itself. Since 1930, the
State of Louisiana has lost 2,000 square miles of coastal
wetlands--roughly the size of Delaware. Without investing in
the ecological productivity and resiliency of the Gulf States
that host production in federal waters, future funding for LWCF
is threatened by increased vulnerability from climate-related
events and continued mismanagement of the Mississippi River at
the hands of federal managers. The Gulf producing States have
taken drastic steps to improve the ecological productivity of
their coastal zones, however, Committee Democrats opposed all
amendments and additional legislative items before this
committee that would increase funding for environmentally
conscious projects that have been proven to delay or prevent
climate-related impacts.
Finally, in the same markup, the majority ironically
considered legislation that actively seeks to prevent any
potential increase in dedicated spending for LWCF--a program
that relies solely upon offshore energy revenue.
We remain supportive of many aspects of LWCF, which is why
earlier this year, following thorough bipartisan and bicameral
negotiation, permanent reauthorization of the LWCF was signed
into law. This reauthorization included meaningful reforms to
the LWCF, including appropriate limits on federal land
acquisition, while crucially maintaining Congress' authority to
appropriate the monies for LWCF purposes. Several additional
amendments offered by Republicans sought to address
administrative flaws with the program Regrettably, they were
rejected, allowing H.R. 3195 to pass the committee without a
single Republican vote. Without acting to rehabilitate the
ecosystems responsible for funding LWCF and overcoming
budgetary flaws, the future of this program will remain
uncertain.
Garret Graves.
Mike Johnson.
[all]