[House Report 116-277]
[From the U.S. Government Publishing Office]


116th Congress }                                          { Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { 116-277

======================================================================
 
         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.
---------------------------------------------------------------------------
    \1\Pub. L. No. 88-578, 78 Stat. 897 (1964).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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:
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                                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.

[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]    

    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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   By fiscal year, in millions of dollars--
                                                    ----------------------------------------------------------------------------------------------------
                                                      2019    2020    2021   2022   2023   2024   2025   2026   2027   2028   2029  2019-2024  2019-2029
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              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
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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]