Real Estate Industry News

Gallup Park in Ann Arbor, Michigan, a recipient of LWCF state assistance fundsGetty

The Land and Water Conservation Fund is back, reauthorized within the omnibus public lands legislation known as the John D. Dingell Jr. Conservation, Management and Recreation Act, and signed into law by President Trump on March 12. The LWCF had expired over five months ago, as reported in Forbes last October. The LWCF was envisioned in 1964 “to assist in preserving, developing, and assuring accessibility” to outdoor resources for conservation and recreational purposes at the national, state and local levels.

With the new law, Congressional proponents and long-time Fund supporters got part of what they’d wanted: permanent reauthorization by striking an expiration date from the LWCF.

When it comes to appropriations to the LWCF, there is reform in the parity of funding allocations for both federal and state purposes, each sharing not less than 40%. Also, there is a renewed focus on recreational public access projects to federal lands which will be identified on a priority list to be developed by the Secretaries of Interior and Agriculture through fee simple or lesser interests in land.

Despite being characterized as America’s most important conservation program, those opposed pointed to the federal government’s appetite for using the LWCF to acquire lands, and asserted they did so without sufficient transparency or local input, limiting economic opportunity and resulting in an absence of local tax revenue. Opponents further pointed to a backlog of maintenance at National Parks as evidence that unchecked, unending acquisition without adequate maintenance is an irresponsible punting of obligations created through the LWCF.

The Act passed overwhelmingly in the Senate 92 to 8, and then in the House, 363 to 62.

Described variously as comprehensive, massive and sweeping, the public lands and natural resources package contained more than 100 bills. The Act’s namesake, the late U.S. Representative John Dingell of Michigan, was an outdoorsman and conservationist, and served in Congress for more than 59 years, longer than any other member in its history. In February, former Congressman Dingell died at the age of 92.

In a released statement on the LWCF, CEO of The Nature Conservancy Mark R. Tercek observed of Congress’s passage:

As one of the country’s most effective conservation programs, LWCF has helped protect national parks, expand trails and playing fields, and preserve important landscapes for over half a century. By using the revenues from offshore oil and gas drilling, LWCF invests in lands and waters at no cost to the American taxpayer, so it should be no surprise that a strong majority wants to continue this win-win for people and conservation. Regardless of party, nature unites us all.

Similarly, President and CEO of The Trust for Public Land Diane Regas remarked after the House vote on February 26:

Today’s historic vote, following a 92-8 vote in the Senate, means that more people can have access to hiking trails, city parks and wild landscapes. Americans expect their public officials to work together, and today’s vote to give more people access to public lands is something we can all celebrate.