In August 2020, Congress passed what Senator Angus King (I-Maine) called “the most important conservation legislation in a generation.” The Great American Outdoors Act (P.L. 116-152) had two major outcomes: it established permanent funding for the Land and Water Conservation Fund (LWCF) and created the National Parks and Public Lands Legacy Restoration Fund (LRF).

The LWCF, which was created by Congress in 1964, now guarantees $900 million per year of oil and gas leasing revenues for recreational and environmental projects. Before the Great American Outdoors Act (GAOA) permanently authorized the LWCF, Congress often used these revenues for unrelated activities. The LWCF supports grants and federal land acquisition programs at the National Park Service (NPS), U.S. Fish and Wildlife Service (FWS), and Bureau of Land Management (BLM)—each of which are housed under the Department of the Interior (DOI)—and supports programs at the U.S. Forest Service under the Department of Agriculture.

The LRF consists of up to $9.5 billion over five years to address deferred maintenance needs on federal lands. The funding each year will be 50 percent of the prior fiscal year’s revenues from energy development on federal land and water. In addition to the agencies that receive LWCF funding, LRF also allocates funding to the Bureau of Indian Education.

About 18 months after GAOA was passed, the Senate Committee on Energy and Natural Resources Subcommittee on National Parks held a hearing to receive updates on its implementation. During the hearing, committee members signaled their continued support for the law. Ranking Member Steve Daines (R-Mont.) called it the “greatest conservation victory in the last 50 years.”

 

LWCF Projects

Each federal land management agency is expected to complete high-priority land acquisitions by spring 2022. According to Shannon Estenoz, assistant secretary of the Interior for Fish and Wildlife and Parks, land acquisition grants from FWS in Fiscal Year (FY) 2021 alone will help permanently protect almost 56,000 acres of habitat for 55 endangered and threatened species. Land acquisition can be accomplished either through federal agencies themselves or via grants federal agencies allocate to states.

Maine received about $4 million to acquire the 26,740-acre Pleasant River Headwaters Forest tract, the preservation of which will help the recovery of the endangered Atlantic salmon. According to the Appalachian Mountain Club, a partner in the acquisition, restoration efforts on this tract will allow the Atlantic salmon to return to its native spawning grounds for the first time in nearly 200 years.

Oregon and Nevada received a total of $3.4 million to acquire the 3,345-acre Disaster Peak Ranch, which straddles the states’ border. Restoration efforts are expected to promote the recovery of the Lahontan cutthroat trout, a federally-listed threatened species. According to Western Rivers Conservancy, a partner in this project, the acquisition will allow scientists to remove non-native rainbow trout and reintroduce the Lahontan cutthroat trout that once thrived in the area.

The land acquisition process includes some challenges. At the hearing, Estenoz acknowledged concerns that the pace of land acquisition is too slow and said DOI plans to address the issue. The process of land acquisition can take up to three years from the time funding is available.

 

LRF Deferred Maintenance

U.S. public lands require an estimated $25 billion for repairs or maintenance that have been postponed by more than a year due to budget constraints. In FY21, DOI prioritized 165 projects that are expected to address $1.23 billion in deferred maintenance through the LRF.

If DOI continues at this rate, U.S. public lands will have addressed almost a quarter of total deferred maintenance costs when the five-year funding period under GAOA ends. Examples of LRF-enabled funding include:

  • BLM awarded a $700,000 design contract to Florida for a sustainable living shoreline at the Jupiter Inlet Lighthouse Outstanding Natural Area. The currently collapsing shoreline will be replaced—improving access for the public, protecting a historic lighthouse, and preventing further shoreline damage.
  • NPS has nearly completed a $9 million project to replace dilapidated transmission lines that provide power, lighting, and heating for structures in Yosemite National Park in California.

DOI’s goals include reducing deferred maintenance, maximizing return on investment, safeguarding the public, and rehabilitating conservation and recreation assets.

Witness Chris French, deputy chief of the National Forest System, noted that deferred maintenance is not just a funding issue, but that personnel challenges also contribute to the problem. Non-fire personnel have decreased by 40 percent since the late 1990s, meaning fewer personnel are available for infrastructure repairs and maintenance.

Despite the challenges, the February 9 hearing signaled bipartisan support for GAOA as implementation continues. This support will be critical in addressing deferred maintenance after GAOA’s initial five-year term.

Senator King addressed the importance of the law in the long term: “These lands are a uniquely American inheritance that have been passed on from those who came before us. And now it’s our job, on this subcommittee and in this Congress, to ensure that we are doing our part to steward these treasures for the next generation.”

Author: S. Grace Parker

Read more about the Great American Outdoors Act:

Senate Votes to Permanently Support Land and Water Conservation Fund


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