Currently, up to $900 million in Land and Water Conservation (LWCF) funds can be spent on federal land acquisition as appropriated through the annual Congressional appropriations process. There are virtually no restrictions with this process.
Under the Conservation and Reinvestment Act (CARA), the federal government can not acquire federal lands using LWCF funds without the specific Congressional approval for each tract.
The Conservation and Reinvestment Act (CARA) reduces the power of federal bureaucrats in acquiring land and gives power to states and localities - where citizens have more power -- to define their own priorities and criteria for selection of outdoor conservation and recreation acquisition and development projects.
Under CARA, the federal government receives a maximum of $450 million per year - with each and every project having to be approved by Congress.
Under CARA, the 50 states will receive a total of $450 million for local projects.
The Administration must submit a list each year to Congress of the lands it wishes to acquire. The federal portion may not be spent on any acquisition except for a project that is specifically approved by Congress through the appropriations process. Congress is not required to approve any land acquisition request made by the Administration, but may base appropriations on Congressional priorities. Congress can also appropriate less than the $450 million permitted with LWCF funds.
The Administration is required to submit its list of proposed land acquisitions to Congress and inform the Governor, Congressional Representatives, and local government officials where the land is located. The Administration must also inform the public in the area of any proposed land acquisition.
The Federal portion may not be used to acquire any property unless "the owner of the property concurs in the acquisition, or acquisition of that property is specifically approved by an Act of Congress." No regulations can be applied to lands the federal government wishes to acquire with LWCF funds until the lands are actually acquired.
Under CARA, land can not be acquired unless all actions required under Federal law have been complied with. A copy of each final environmental impact statement or environmental assessment must be sent to the appropriate Congressional Committees.
A notice of the availability of the statement or assessment must be provided to each Member of Congress, Governor, and local government officials representing the area where the land is to be acquired.
New funding will be provided for the purpose of implementing an incentives program to promote the recovery of endangered species and threatened species and the habitat. Incentives will be offered to family farms or individuals for carrying out activities that contribute to the recovery of endangered and threatened species.
CARA funds used for wildlife conservation and restoration programs, wildlife conservation education, and wildlife-associated recreation projects are prohibited from being used for administrative expenses in carrying out the programs. Previously, funds allocated for administering these projects had been used for purposes in violation of Congressional intent.
CARA funds can not be used for education efforts, projects, or programs that promote or encourage opposition to regulated hunting or fishing.
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