Background on the Land and Water Conservation Fund (LWCF)

Extracted from HR701:

  1. The Land and Water Conservation Fund Act of 1965 embodied a concept that a portion of the proceeds from Outer Continental Shelf mineral leasing revenues and the depletion of a nonrenewable natural resource should result in a legacy of places accessible to the public for conservation and public recreation and benefit from resources belonging to all people, of all generations, and the enhancement of the most precious and most renewable natural resource of any nation, healthy and active citizens.
  2. The States and local governments were to occupy a pivotal role in accomplishing the purposes of the Land and Water Conservation Act of 1965 and the Act originally provided an equitable portion of funds to the States, and through them, to local governments.
  3. Because of competition for funding and the limited availability of Federal moneys, the original intention of the Land and Water Conservation Fund Act of 1965 has been abandoned and, in recent years, States have not received an equitable proportion of direct funding.
  4. With population growth and urban sprawl, the demand for conservation and recreation areas at the State and local level, including urban localities, remains a high priority.
  5. There has been an increasing need for Federal moneys to be made available for Federal purposes under the Land and Water Conservation Fund Act of 1965, with lands identified as important for Federal acquisition not being acquired for several years due to insufficient funds.

Extracted from HR798:

  1. By establishing the Land and Water Conservation Fund in 1965, Congress determined that revenues generated by extraction of nonrenewable oil and gas resources on the Outer Continental Shelf should be dedicated to conservation and preservation purposes. 
  2. The Land and Water Conservation Fund has been used for over three decades to protect and enhance national parks, national forests, national wildlife refuges, and other public lands throughout the Nation. In past years, the Land and Water Conservation Fund has also provided States with vital resources to assist with acquisition and development of local park and outdoor recreation projects. 
  3. In 1978, the Congress amended the Land and Water Conservation Fund to authorize $900,000,000 of annual oil and gas receipts to be used for Federal land acquisition and State recreation projects. In recent years, however, the Congress has failed to appropriate funds at the authorized levels to meet Federal land acquisition needs, and has entirely eliminated State recreation funding, leaving an unallocated surplus of over $12,000,000,000 for fiscal year 1999.
  4. To better meet land acquisition needs and address growing public demands for outdoor recreation, the Congress should assure that the Land and Water Conservation Fund is used as it was intended to acquire conservation lands and, in partnership with State and local governments, to provide for improved parks and outdoor recreational opportunities.
  5. The premise of using oil and gas receipts to meet conservation and preservation objectives also underlies the National Historic Preservation Act (16 U.S.C. 470 et seq.). Revenues to the Historic Preservation Fund accumulate at a rate of $150,000,000 annually, but because the Congress has failed in recent years to appropriate the authorized amounts, the fund has an unallocated surplus of over $2,000,000,000 for fiscal year 1999. To reduce the growing backlog of preservation needs, the Congress should assure that the Historic Preservation Fund is used as was intended.
  6. Building upon the commitment to devote revenues from existing offshore leases to resource protection through the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4) and the National Historic Preservation Act (16 U.S.C. 470 et seq.), the Congress should also dedicate revenues from existing oil and gas leases to meet critical national, State, and local preservation and conservation needs.
  7. Suburban sprawl presents a growing threat to open space and farmland in many areas of the Nation, with an estimated loss of 7,000 acres of farmland and open space every day. Financial resources and incentives are needed to promote the protection of open space, farmland, ranchland, and forests.
  8. National parks, national forests, national wildlife refuges, and other public lands have significant unmet repair and maintenance needs for trails, campgrounds, and other existing recreational infrastructure, even as outdoor recreation and user demands on these resources are increasing.
  9. Urban park and recreation needs have been neglected, with resulting increases in crime and other inappropriate activity, in part because the Congress has failed in recent years to provide appropriations as authorized by the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.).
  10. . Although the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) has prevented the extinction of many plants and animals, the recovery of most species listed under that Act has been hampered by a lack of financial resources and incentives to encourage States and private landowners to contribute to the recovery of protected species.
  11. . Native fish and wildlife populations have declined in many parts of the Nation, and face growing threats from habitat loss and invasive species. Financial resources and incentives are needed for States to improve conservation and management of native species.
  12. . Ocean and coastal ecosystems are increasingly degraded by loss of habitat, pollution, over-fishing, and other threats to the health and productivity of the marine environment. Coastal States should be provided with financial resources and incentives to better conserve, restore, and manage living marine resources.
  13. . The findings of the 1995 National Biological Survey study entitled `Endangered Ecosystems of the United States: A Preliminary Assessment of Loss and Degradation', demonstrate the need to escalate conservation measures that protect our Nation's wildlands and habitats.