[Congressional Record Volume 155, Number 165 (Friday, November 6, 2009)]
[Senate]
[Pages S11254-S11255]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  By Mr. BINGAMAN (for himself and Mr. Baucus):
  S. 2747. A bill to amend the Land and Water Conservation Fund Act of 
1965 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; to the Committee on Energy and Natural Resources.
   Mr. BINGAMAN. Mr. President, today I am introducing the Land and 
Water Conservation Authorization and Funding Act of 2009. I am pleased 
that Senator Baucus has joined me as an original cosponsor.
  The legislation I am introducing today will provide consistent 
funding of the Land and Water Conservation Fund, LWCF, program at a 
time when its purposes have never been more important to our 
communities and quality of life. This program provides funding for 
States and Federal land management agencies for the purchase of land 
and interests in land from willing sellers. Since its inception in 
1964, LWCF has led to the protection of more than five million acres of 
land and water across the country, including such irreplaceable 
landscapes as the Grand Canyon National Park in Arizona, the redwood 
forests in California, the Rocky Mountain Front in Montana, and Denali 
National Park and Preserve in Alaska.
  In my own State of New Mexico, LWCF funds have been used in many 
important landscapes including the Santa Fe National Forest to provide 
hundreds of miles of trails for hiking, horseback riding and off-road 
vehicle use, and to protect the unique Valles Caldera from development. 
Going forward, the Bureau of Land Management hopes to protect portions 
of the Rio Grande National Wild and Scenic River in New Mexico using 
LWCF funds.
  Equally important, this program's flexibility means that it also is 
used to protect what is sometimes most valuable to our communities--the 
lesser-known special places virtually in our own backyard. The 
availability of portions of this funding to States means that it can be 
used to protect local landscapes when development threatens the open 
spaces that communities need for clean water and recreation. It is also 
available for the purchase of conservation easements when public 
ownership of land is not the best solution. These easements--acquired 
at the request of the landowner--protect the landscape against 
development while retaining private ownership.
  Since its inception in 1964, the law has provided that the Land and 
Water Conservation Fund will accumulate revenues from Federal outdoor 
recreation user fees, the Federal motorboat fuel tax, surplus property 
sales, and from oil and gas leases on the Outer Continental Shelf. It 
has been authorized at $900 million a year since 1977. In establishing 
LWCF, Congress recognized the importance of the protection of lands 
with significant natural, recreation and scenic attributes, and for the 
development of outdoor recreation lands and facilities at the State and 
local level.
  Under current law these funds cannot be spent until they are further 
appropriated each year. Congress has rarely appropriated the $900 
million annually that was authorized as necessary as far back as 1977. 
The levels of funding for both Federal agencies and States have 
fluctuated wildly over the years. In addition, LWCF itself will expire 
in 2015 if not reauthorized.
  However, the purpose of LWCF--the acquisition of land and interests 
in land--is one that requires consistency and predictability in order 
to be truly effective. The opportunity for land purchase can emerge 
quickly and can be quickly lost. The cost often requires that deals be 
structured over a period of time. The absence of a consistent amount of 
funding annually makes it virtually impossible for Federal agencies or 
States to plan effectively or to ensure that they can protect those 
areas most important to communities and to the nation as a whole and at 
the lowest cost.
  Protection of special places and landscapes for the common good has 
always been a great American idea that we have exported to the rest of 
the world. These lands are a wonderful gift that every taxpayer 
receives at birth, and values very highly. Today, even more than when 
LWCF was enacted, there is increasing pressure on our natural 
landscapes, both as a result of man-made development and changes in our 
climate. It is more imperative than ever that we protect and restore 
our ecosystems so that they stay resilient. By protecting natural 
systems, we are protecting human health and the economy by providing 
clean water, clean air, livable coastal areas and the quality of life 
that is so important to all Americans.
  The time has come to make sure that the Land and Water Conservation 
Fund has consistent and predictable funding and that it continues 
beyond 2015. This bill will not change the authorized amount or the 
well-established purposes and parameters of the Fund. It simply 
provides that the monies deposited in the Fund under current law will 
be available without further appropriation at the authorized amount. It 
is my hope that this will be a down payment on something vitally 
important to all Americans--protection and conservation of our natural 
heritage and our most special places for ourselves and for future 
generations.
  I would like to thank Senator Baucus for his leadership on this issue 
and I look forward to working with my colleagues to pass this 
legislation in a timely manner.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2747

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Land and Water Conservation 
     Authorization and Funding Act of 2009''.

     SEC. 2. PERMANENT AUTHORIZATION; FULL FUNDING.

       (a) Purposes.--The purposes of the amendments made by 
     subsection (b) are--
       (1) to provide consistent and reliable authority for, and 
     for the funding of, the land and water conservation fund 
     established under section 2 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-5); and
       (2) to maximize the effectiveness of the fund for future 
     generations.
       (b) Amendments.--
       (1) Permanent authorization.--Section 2 of the Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) is 
     amended--
       (A) in the matter preceding subsection (a), by striking 
     ``During the period ending September 30, 2015, there'' and 
     inserting ``There''; and
       (B) in subsection (c)(1), by striking ``through September 
     30, 2015''.

[[Page S11255]]

       (2) Full funding.--Section 3 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is amended 
     to read as follows:

     ``SEC. 3. AVAILABILITY OF FUNDS.

       ``Monies covered into the fund under section 2 shall be 
     available for expenditure to carry out the purposes of this 
     Act, without further appropriation.''.
                                 ______