All the conservation funding proposals Congress is considering
include provisions for the complete, or nearly complete annual
funding of the Land and Water Conservation Fund (LWCF).
Congress set up the LWCF in 1965 and in 1977 authorized annual
appropriations for it of up to $900 million. Nearly all LWCF funds
come from OCS revenues.
The intent of the LWCF is to channel revenue from natural
resource exploitation into improvements for natural resources,
conservation and wildlife throughout the nation. However, Congress
has never approved the full appropriation for the LWCF. Over the
past 10 years, total annual appropriations have averaged about $300
million, one-third of the annual $900 million authorization. The
vast majority of OCS revenues have been plowed back into the general
treasury to meet obligations unrelated to conservation.
Background: The Land and Water Conservation Fund
The LWCF was created by Congress in 1965 to preserve wildlife
habitat and wildlands, as well as to protect our outdoor
recreational resources for future generations. This valuable program
has provided phenomenal contributions to our nation's land-based
resources, including the acquisition of over 7 million acres of
federal parks and open space. Playgrounds, swimming pools, and
scenic trail across the country are also attributable to LWCF.
LWCF is based on the idea that revenue paid into the Federal
Treasury for the right to exploit off-shore oil and gas reserves
(i.e. royalties from private companies that drill for oil and gas on
the Outer Continental Shelf) should be used for conservation
purposes. Revenue for LWCF comes primarily from OCS receipts, with
some additional portion coming from the sale of surplus government
property.
LWCF is authorized to receive $900 million annually for federal,
state and local programs, however, it has rarely come even close to
receiving this amount from Congress. LWCF funds are subject to
annual approval by Congress and each year LWCF funding gets mired in
the political process. LWCF funding has plummeted since 1979. In the
last four years, the state- side of LWCF has received no
funding leaving state and local governments without sufficient
resources to meet community demands for accessible local
recreational opportunities. Instead, these OCS receipts have been
funneled back into the general treasury. It is estimated that
approximately $11 billion of OCS funds meant for LWCF have been
diverted for other uses.
Nonetheless, the demand for funds to acquire lands and
recreational areas has always far outpaced the supply. Additionally,
the recent lean LWCF funding years have left an enormous backlog of
worthwhile projects that are awaiting funding. Legislation moving
through both houses of Congress would go a long way towards
fulfilling the original promise of the 1965 Land and Water
Conservation Act.
It is critical that any conservation funding legislation that is
passed into law fully fund LWCF at its annually authorized $900
million level without requiring further congressional appropriation.
In addition, it should equitably fund both federal and state
programs, and not include any unnecessary restriction on the use of
funds for the federal program.
The Land and Water Conservation Fund in CARA and
Resources 2000
The Conservation and Reinvestment Act (CARA - H.R. 701) provides
23 percent (16 percent in S. 25) of annual Outer Continental Shelf
(OCS) oil and gas leasing revenues to permanently and automatically
fund the Land and Water Conservation Fund (LWCF). Resources 2000
(H.R. 798/S.446) would also provide $900 million for full, permanent
funding of the LWCF using OCS leasing revenue, Each piece of
legislation would provide funding for federal land acquisition,
state-based land conservation and outdoor recreation needs, and
urban park restoration.
The NWF is actively seeking permanent funding for LWCF at the
congressionally authorized level of $900 million, split equally
between federal and state-side programs of the fund. However, NWF
has several serious concerns about provisions and restrictions that
are now included in the Conservation and Reinvestment Act (CARA).
Resources 2000 does not contain these restriction.
- CARA requires that federal land purchases that exceed $1
million ($5 million in the Senate) must get specific congressional
approval. Because of this restriction, many LWCF projects will
be forced to get approval through Congress. Opportunities to
acquire habitat and secure land for recreation, conservation and
endangered species are likely to be lost if they have to wait for
congressional approval for any significant land
acquisition.
- CARA requires that federal lands be acquired only in areas
that are within the external boundaries of existing federal areas
that have been designated by Congress (e.g. the National
Forest or Park systems). Restricting the use of LWCF federal funds
to only those areas that are within existing federal areas
(inholdings) that have been congressionally approved could
seriously limit opportunities for acquisition of critical habitat
and open space.
- CARA requires that two-thirds of federal LWCF funds be
spent on lands east of the 100th meridian (roughly the eastern
half of the United States). This is an arbitaty restriction
that could hinder critical, timely open-space protection in key
areas. The federal LWCF program should have the flexibility to
purchase areas were the conservation need is greatest.
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