What if LWCF expires in October 2018?

There have been questions asked that, if LWCF is not re-authorized by Oct. 1… and is delayed until a later date, what happens to all the requirements/funding.. etc.. The following email from Joel Lynch in a similar situation in 2015 will let you know the program and it’s requirements will continue.. fyi..

State Partners 

As you are all undoubtedly aware, funding authorization for the Land and Water Conservation Fund (LWCF) Act expired last Wednesday September 30, 2015.  I and the rest of the National Park Service (NPS) LWCF Team share both your concerns about this occasion and interest in the continuation of this 51-year partnership that supports close to home public outdoor recreational opportunities for all.  Although we did not want to see this occur we nonetheless prepared for it by reviewing the Act with our NPS leadership to understand the implications of the lapse.  To help allay some of the immediate concerns and questions we are hearing, I want to clarify these findings as they relate to the State and Local Assistance (SLA) Program. 

First, let me clearly assert that the lapse in the funding authorization of the LWCF Act has no immediate bearing on the continued operation of the SLA Program or the previously appropriated funding.  This means that the current remaining unobligated balances of your past apportionments and FY15 (and future) SRA balances will be available for obligation for NPS-approved projects once FBMS is back on-line and we have re-established all the states’ accounts.  We are in the process of tallying the balances by state and will share this information as we have done in prior years.  Furthermore, it has been determined that the lapse in the funding authorization did not in any way dissolve the Section 6(f) provisions and our obligations for the continued stewardship and compliance responsibilities of all LWCF assisted parks and recreation areas.  We will continue to work with you on administering existing grants and processing compliance requests and will do so for the indefinite future. 

Second, with regard to future funding; while I remain hopeful that Congress will soon move to reauthorize the LWCF Act, the main impact of the expiration is that revenue from oil and gas leasing in the Outer Continental Shelf as well as other sources will no longer accrue into the Fund.  However, that does not necessarily mean Congress can’t or won’t appropriate funding for the SLA Program and State grants.  The President’s FY 2016 budget request to Congress, which contained funding for LWCF in spite of the pending authorization lapse, is still valid.  Furthermore, Congress has passed a Continuing Resolution (CR) for the operation of the federal government for the 2016 fiscal year until December 11, 2015.  This Act contains funding for LWCF programs, including the SLA Program.  I expect that Congress will pass a full year appropriation or equivalent act that will include LWCF funding in FY 2016.  Once that happens we will prepare the apportionment of FY 2016 funds as soon as we can. 

As always we value our continued partnership in creating and developing public outdoor recreation opportunities and protecting this recreation estate for future generations.  If you have any questions please do not hesitate to reach out to your NPS LWCF State Program Officer or me. 

Joel

Joel Lynch

Chief, State and Local Assistance Programs

National Park Service

Washington DC

 

202-354-6905

Joel_Lynch@nps.gov