To amend title 54, United States Code, to prohibit the acquisition of land, water, or an interest in land or water from a private landowner using amounts made available under the Land and Water Conservation Fund.
- Sponsor
- Rep. Arrington, Jodey C. [R-TX-19]
- Committees
- Natural Resources Committee (primary)
- Last action
- Jan 31, 2025
Bottom line
This bill seeks to prevent federal Land and Water Conservation Fund dollars from being used by states to purchase private property for conservation or public access.
What it actually does
This bill amends Title 54 of the U.S. Code to explicitly prohibit the use of financial assistance from the Land and Water Conservation Fund (LWCF) by states for the acquisition of land, water, or any interest in land or water from a private landowner. It also includes a conforming amendment to reinforce this restriction on LWCF appropriations.
Proponents argue
Proponents argue this bill protects private property rights by preventing federal funds from being used, even indirectly through states, to acquire land from private citizens. They may contend it reduces federal overreach into local land use decisions and ensures that landowners are not pressured to sell their property for conservation purposes using federally-backed funds.
Opponents contend
Opponents would argue this bill severely curtails a critical tool for conservation and public land access, limiting the ability of states to protect natural resources and expand recreational opportunities. They may contend it undermines the original intent of the LWCF, which supports voluntary land transactions, and could lead to increased development pressure on sensitive lands.
The bill text is exceptionally short and clear, making it very accessible for any reader to understand its direct implications.
Section 1(a) of H.R. 841, amending 54 U.S.C. 200305
Prohibition on State Acquisition of Private Land with LWCF Funds
This section adds a new subsection (l) to the existing law governing the Land and Water Conservation Fund (LWCF). It explicitly states that if a state receives financial assistance from the Secretary of the Interior through the LWCF, it cannot use those federal funds to buy land, water, or any interest in land or water from a private landowner. This means states would need to find alternative funding sources for such acquisitions if they wish to purchase private property for conservation or public use.
Supporters argue
Supporters argue this provision protects private property rights by ensuring federal funds are not used to acquire land from private citizens, even through state intermediaries. They believe it limits government expansion and respects individual property ownership.
Critics contend
Opponents contend this provision severely limits states' ability to voluntarily acquire critical lands for conservation, recreation, and public access, undermining a core function of the LWCF. They argue it would make it harder to protect natural habitats and provide recreational opportunities.
Tradeoffs
The provision balances the protection of private property rights against the public interest in conservation and access to natural resources. It also highlights tensions between federal funding mechanisms and state autonomy in land management.
Section 1(b) of H.R. 841, amending 54 U.S.C. 200306(b)
Conforming Amendment for LWCF Appropriations
This section adds a sentence to another part of the Land and Water Conservation Fund (LWCF) law, specifically concerning appropriations from the Fund. It reiterates that 'Appropriations from the Fund may not be used for acquisition from a private landowner.' This serves as a reinforcing statement to the primary restriction introduced in Section 1(a), ensuring consistency across the relevant statutes regarding the prohibition of using LWCF funds for private land acquisition.