A Quick History of the
LAND
AND WATER CONSERVATION FUND PROGRAM
-1964 and All That-
In 1958, increasing consciousness of public health and environmental issues
and an expanding need for recreational space combined into a bipartisan
mandate creating the Outdoor Recreation Resources Review Commission (ORRRC).
After three years of research, the Commission developed specific recommendations
for a national recreation program. The ORRRC report of 1961 emphasized
that State and local, as well as Federal, governments and the private
sector were key elements in the total effort to make outdoor recreation
opportunities available. The Commission's major recommendation's were:
1)
The United States should establish a national recreation policy to preserve,
develop and make accessible to all Americans the resources needed "for
individual enjoyment and to assure the physical, cultural, and spiritual
benefits of outdoor recreation."
2)
All agencies administering outdoor recreation resources--public and
private--should adopt programs designed to make the best possible use
of available resources in light of people's needs.
3)
Each State, through a central agency, should develop a long-range plan
for outdoor recreation, to provide adequate opportunities for the public,
to acquire additional areas where necessary, and to preserve outstanding
natural sites.
4)
An independent Bureau of Outdoor Recreation should be established in
the Interior Department to lead nationwide efforts by coordinating Federal
programs, conducting nationwide planning and assisting other levels
of government.
5)
A Federal funding program should be established to provide grants to
States that would stimulate and assist them to meet new demands for
outdoor recreation and to pay for additions to the Federal recreation
estate.
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Congressional
Acts
Largely as a result of
ORRRC's work, the Kennedy Administration introduced funding legislation
in 1962, during the second session of the 87th Congress. No action was
taken in that Congress, but on February 14, 1963, President Kennedy again
proposed legislation that would establish a "Land and Water Conservation
Fund" to assist States in planning, acquisition and development of
recreation resources and to finance new Federal recreation lands.
Following
Commission recommendations, great emphasis was placed on planning for
future recreation opportunities. In its hearings on the LWCF bill, Congress
defined requirements for Statewide Comprehensive Outdoor Recreation Plans
(SCORPs) that would be a condition of State grants.
Recognizing
the rapid loss of the land and water recreation base to development, one
of the proposed legislation's major purposes was to reduce the lag in
recreation land acquisition. The House Interior Committee's report on
the bill stated that "During the first years of the program, emphasis
will necessarily be on planning and land acquisition activities. It is
important that acquisition be undertaken before the land becomes unavailable
either because of skyrocketing prices, or because it has been preempted
for other uses."
The
Senate Interior Committee's hearing report addressed the distribution
of grant funds. It said that "in providing outdoor recreation resources
and facilities for the American people, the greatest emphasis should be
given to those areas with large concentrations of people."
Congress
clearly indicated that the new Federal program should have a lasting effect
on the supply of recreation sites and facilities by requiring that sites
assisted be added permanently to the national recreation estate. As a
result, Section 6(f)(3) of the Act states unequivocally that grant-assisted
areas are to remain forever available for "public outdoor recreation
use," or be replaced by lands of equal market value and recreation
usefulness.
With
vigorous bipartisan support in both Houses of Congress, the bill was passed
and signed into law on September 3, 1964, as Public Law 88- 578, 16
U.S.C. 460l-4. The Act established a funding source for both Federal
acquisition of park and recreation lands and matching grants to state
and local governments for recreation planning, acquisition and development.
It set requirements for state planning and provided a formula for allocating
annual LWCF appropriations to the States and Territories.
Initially,
three sources of revenue to the fund were designated: proceeds from sales
of surplus Federal real property, motorboat fuel taxes and fees for recreation
use of Federal lands. The level of funding from FY 1966 through FY 1968
reached about $100 million per year, which was far short of Congress'
expectations. To remedy this shortfall, it was proposed that Outer Continental
shelf (OCS) mineral leasing receipts be tapped. In 1968, P.L. 90-401 raised
the Fund's level to $200 million a year for five years, beginning in FY
1969, making OCS revenues available to cover the difference between this
minimum level and receipts from other sources.
By
1970, growing demands on the Fund led to enactment of P.L. 91- 485, which
increased the LWCF again to a $300 million annual level from FY 1971 through
FY 1989. This amendment reveals that Congress' perception of needs for
the Fund program had expanded in three ways: the State grant program should
give more emphasis to urban parks and recreation areas; the grant program
should help acquire and develop recreation facilities within urban areas,
not just nearby; and the Federal side of the Fund program should also
contribute to meeting close-to-home recreation needs.
The
Fund's increase in authorized funding to its current level came with enactment
of P.L. 95-42 in June 1977, which increased the LWCF to $900 million for
FY 1978 and subsequent years. Congress also enacted P.L. 95-625, which
created, among other things, the Urban Park and Recreation Recovery Program
(UPARR), as a complement to the LWCF program. This program encouraged
local governments to rehabilitate existing recreation facilities, demonstrate
innovative programs, and plan for overall revitalization of community
recreation systems.
Since
1965, funding for the grants program has averaged approximately $100 million
per year, with a peak of $369 million in 1979. In the last 20 years, annual
appropriations have decreased to a low of zero funding in 1982 and 1996-1999.
However, the drought ended with a $40 million appropriation in FY 2000,
and $89 million in FY 2001.
Land
and Water Conservation Fund Act of 1965
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Program
Accomplishments
For
the LWCF Grants program, over $3.3 billion have been appropriated to the
50 States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands,
American Samoa, and the Northern Marianas for planning, acquisition and
development of outdoor recreation opportunities in the United States.
Through FY 2000, a total of 38,000 projects have been approved to support
acquisition of open space for park lands or the development of outdoor
recreation facilities. They are in every geographic region of the U.S,
in every county. and almost all localities.
Federal
grant obligations totalling $3.3 billion have been matched by State and
local contributions, for a total LWCF grant investment of $6.6 billion.
States have received about 8,200 grants and counties some 4,800, while
cities, towns and other local agencies matched more than 24,000.
Of
the total number of projects, about 10,000 have helped states and localities
to acquire some 2.3 million acres of park land, including combination
projects where donated land values matched the cost of development. Almost
27,000 projects have been for the development of outdoor recreation facilities.
Seventy-five percent of the total funds obligated have gone to locally
sponsored projects to provide close-to-home recreation opportunities that
are readily accessible to America's youth, adults, senior citizens and
the physically or mentally challenged. In addition to thousands of smaller
recreation areas, grants have helped to acquire and develop new parks
of statewide or national significance such as the Allagash Wilderness
Waterway (Maine), Liberty State Park (New Jersey), the Willamette Greenway
(Oregon), Platte River park (Denver), Herman Brown Park (Houston), and
Illinois Beach State Park (Chicago).
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Legacies
of the Grant Program
From
a historical perspective, LWCF grants have contributed greatly to the
outdoor recreation estate over the past 33 years. It is significant that
a considerable amount of the income going to the Fund has come about through
the leasing of offshore oil rights, thus recycling an important natural
resource back to public use. While one resource is being used another
is being protected.
In
addition to the large number of projects, LWCF grants have had substantial
long-term effects on the country's overall attitudes and policies toward
outdoor recreation. The first legacy of this kind is the notion, basic
to the LWCF Act, that States must assume a leadership role as providers
of recreation opportunities.
Today,
there is clear evidence that the grant program has been successful
in encouraging States to take greater responsibility for the protection
and development of recreation resources at every level.
The
results of State leadership extend beyond simple increases in the size
and number of recreation areas. Among other things, they include State
actions to establish their own scenic river and recreational trail systems,
to recognize the value of recreation resources in stimulating tourism
and other economic opportunities, and to provide additional financial
and technical assistance to local recreation efforts through State planning,
grant, and loan programs. Maryland, for example, has its Program Open
Space to acquire key parklands; Texas and Minnesota have dedicated portions
of their cigarette taxes to support state and local recreation programs;
New Jersey has a Green Acres program that provides loans as well as grants
for local acquisition, rehabilitation and development.
Second,
when the Fund was established, State recreation planning was essentially
non-existent. Statewide recreation planning has come a long way in
30 years, and has given States and their citizens new tools to analyze
recreation needs and alternatives in a systematic and responsive way.
Indeed, many states now require that local governments develop recreation
plans as a condition for any type of Federal or State recreation assistance.
The
third legacy, and the one with the greatest impact on long-term protection
of recreation resources, is the provision of Section 6(f)(3) of the Act
that requires all property acquired or developed with LWCF assistance
be maintained perpetually in public outdoor recreation use. Consistent
enforcement over the years has ensured permanency of LWCF's contributions
to the national recreation estate. The most tangible evidence of the program
in future years will be the tens of thousands of recreation sites across
the country that remain available for our children and our grandchildren.
In
conclusion, the Land and Water Conservation Fund program is building a
permanent legacy for future generations. The source of this legacy will
not always be obvious to the millions of Americans, old and young, who
want places to hike in the woods, swim, play ball, watch wildlife, picnic,
sit under a tree, chase a pigeon or walk the dog.
But
the thousands of recreation lands and opportunities created and protected
by the Land and Water Conservation Fund Act will remain as perpetual monuments
to the foresight of its authors and the American people.
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