§200303. Availability of funds

(a) In General.-Any amounts deposited in the Fund under section 200302 for fiscal year 2020 and each fiscal year thereafter shall be made available for expenditure for fiscal year 2021 and each fiscal year thereafter, without further appropriation or fiscal year limitation, to carry out the purposes of the Fund (including accounts and programs made available from the Fund pursuant to the Further Consolidated Appropriations Act, 2020 (Public Law 116–94; 133 Stat. 2534)).

(b) Additional Amounts.-Amounts made available under subsection (a) shall be in addition to amounts made available to the Fund under section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432) or otherwise appropriated from the Fund.

(c) Allocation Authority.-

(1) Submission of cost estimates.-The President shall submit to Congress detailed account, program, and project allocations of the full amount made available under subsection (a)-

(A) for fiscal year 2021, not later than 90 days after the date of enactment of the Great American Outdoors Act; and

(B) for each fiscal year thereafter, as part of the annual budget submission of the President.

(2) Alternate allocation.-

(A) In general.-Appropriations Acts may provide for alternate allocation of amounts made available under subsection (a), including allocations by account, program, and project.

(B) Allocation by president.-

(i) No alternate allocations.-If Congress has not enacted legislation establishing alternate allocations by the date on which the Act making full-year appropriations for the Department of the Interior, Environment, and Related Agencies for the applicable fiscal year is enacted into law, amounts made available under subsection (a) shall be allocated by the President.

(ii) Insufficient alternate allocation.-If Congress enacts legislation establishing alternate allocations for amounts made available under subsection (a) that are less than the full amount appropriated under that subsection, the difference between the amount appropriated and the alternate allocation shall be allocated by the President.

(3) Recreational public access.-Amounts expended from the Fund under this section shall be consistent with the requirements for recreational public access for hunting, fishing, recreational shooting, or other outdoor recreational purposes under section 200306(c).

(4) Annual report.-The President shall submit to Congress an annual report that describes the final allocation by account, program, and project of amounts made available under subsection (a), including a description of the status of obligations and expenditures.

( Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3172 ; Pub. L. 116–152, §3(a), Aug. 4, 2020, 134 Stat. 686 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
200303	16 U.S.C. 460l–6.	Pub. L. 88–578, title I, §3, Sept. 3, 1964, 78 Stat. 899 ; Pub. L. 100–203, title V, §5201(f)(2), Dec. 22, 1987, 101 Stat. 1330–267 .

The words "or from the special account established under section 460l–6a(i)(1) of this title" are omitted as obsolete.

Editorial Notes

References in Text

The Further Consolidated Appropriations Act, 2020, referred to in subsec. (a), is Pub. L. 116–94, Dec. 20, 2019, 133 Stat. 2534 . For complete classification of this Act to the Code, see Tables.

Section 105 of the Gulf of Mexico Energy Security Act of 2006, referred to in subsec. (b), is section 105 of title I of div. C of Pub. L. 109–432, which is set out in a note under section 1331 of Title 43, Public Lands.

The date of enactment of the Great American Outdoors Act, referred to in subsec. (c)(1)(A), is the date of enactment of Pub. L. 116–152, which was approved Aug. 4, 2020.

Amendments

2020-Pub. L. 116–152 amended section generally. Prior to amendment, text read as follows: "Amounts deposited in the Fund shall be available for expenditure for the purposes of this chapter only when appropriated for those purposes. The appropriations may be made without fiscal-year limitation. Amounts made available for obligation or expenditure from the Fund may be obligated or expended only as provided in this chapter."

Statutory Notes and Related Subsidiaries

Allocation of Funds

Pub. L. 119–74, div. C, title IV, §428, Jan. 23, 2026, 140 Stat. 164 , provided that:

"(a)(1) Within 45 days of enactment of this Act [Jan. 23, 2026], the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2026 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the agencies and accounts specified, for the projects specified under the accounts titled 'Land Acquisition Projects' and 'Forest Legacy Projects' in the Forest Service, and in the amounts specified in the table titled 'Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2026' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) [140 Stat. 5]: Provided, That the matter preceding this proviso shall not apply to amounts in any account titled 'Land Acquisition Projects' in the Bureau of Land Management, United States Fish and Wildlife Service, or National Park Service in such table.

"(2)(A) Within 30 days of enactment of this Act, the Secretary of the Interior shall provide to the House and Senate Committees on Appropriations project lists with project data sheets as described in subsection (c)(4), which shall include a sufficient number of projects to total the amounts for the account titled 'Land Acquisition Projects' for each of the Bureau of Land Management, United States Fish and Wildlife Service, and National Park Service, as specified in the table titled 'Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2026' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That on the date on which the Secretary of the Interior provides to the Committees on Appropriations such project lists with such project data sheets, the Secretary of the Interior shall provide to the Committees on Appropriations lists of supplementary allocations for Federal land acquisition projects for each of the Bureau of Land Management, United States Fish and Wildlife Service, and National Park Service that are prioritized and detailed by account, program, and project, and that total no less than half the full amount allocated to each such account for that land management Agency in the table titled 'Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2026' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That expenditure of funds under this paragraph is a reprogramming and shall be subject to section 421 of this Act [140 Stat. 163].

"(B) Within 45 days of the date on which a reprogramming is approved pursuant to the last proviso in subparagraph (A), the Secretary of the Interior shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2026 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the account titled 'Land Acquisition Projects' for each of the Bureau of Land Management, United States Fish and Wildlife Service, and National Park Service, as applicable, in the amounts specified in the table titled 'Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2026' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) and for the projects included in the project lists approved by the Committees on Appropriations in accordance with subparagraph (A).

"(3) If any portion of a project specified under the accounts titled 'Land Acquisition Projects' and 'Forest Legacy Projects' in the Forest Service in the table titled 'Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2026' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) or for the projects included in the project lists approved by the Committees on Appropriations in accordance with subsection (a)(2)(A) is intended to be carried out within the Federal land unit or project boundary as specified in such table (or any prior allocation table incorporated by reference into a prior Act, as applicable) or project list but outside the specific tracts for the project described in the corresponding project data sheet submitted to the Committees on Appropriations required by section 200303(c)(1) of title 54, United States Code, or paragraph (2), not later than 30 days before the date on which the Secretary of the Interior or the Secretary of Agriculture expends amounts on the project, the Secretary of the Interior or the Secretary of Agriculture, as appropriate, shall provide written notice to the House and Senate Committees on Appropriations of such expenditure.

"(b) Neither the President nor his designee may allocate any amounts that are made available for any fiscal year under subsection (a) of section 200303 of title 54, United States Code, other than in amounts and for projects and activities that are allocated by subsection (a)(1) or in accordance with subsection (a)(2) of this section: Provided, That in any fiscal year, the matter preceding this proviso shall not apply to the allocation of amounts for continuing administration of programs allocated funds from the Land and Water Conservation Fund, which may be allocated only in amounts that are no more than the allocation for such purposes in subsections (a)(1) and (a)(2) of this section.

"(c)(1) Concurrent with the annual budget submission of the President for fiscal year 2027, the Secretary of Agriculture shall submit to the Committees on Appropriations a list of supplementary allocations for Federal land acquisition and Forest Legacy Projects at the Forest Service that are in addition to the 'Submission of Cost Estimates' required by section 200303(c)(1) of title 54, United States Code, that are prioritized and detailed by account, program, and project, and that total no less than half the full amount allocated to each such account for the Forest Service under the allocations submitted under section 200303(c)(1) of title 54, United States Code: Provided, That in the event amounts allocated by this Act or any prior Act pursuant to subsection (a) of section 200303 of title 54, United States Code, are no longer needed because a project has been completed or can no longer be executed, such amounts must be clearly identified if proposed for reallocation in the annual budget submission.

"(2) Concurrent with the annual budget submission of the President for fiscal year 2027, the Secretary of the Interior shall submit to the Committees on Appropriations a list of supplementary allocations for Federal land acquisition projects at the National Park Service, the United States Fish and Wildlife Service, and the Bureau of Land Management that are in addition to the 'Submission of Cost Estimates' required by section 200303(c)(1) of title 54, United States Code, that are prioritized and detailed by account, program, and project, and that total the full amount allocated to each such account for that land management Agency in the table titled 'Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2026' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) [140 Stat. 5]: Provided, That in the event amounts allocated by this Act or any prior Act pursuant to subsection (a) of section 200303 of title 54, United States Code, are no longer needed because a project has been completed or can no longer be executed, such amounts must be clearly identified if proposed for reallocation in the annual budget submission.

"(3) The Federal land acquisition and Forest Legacy projects in the 'Submission of Cost Estimates' required by section 200303(c)(1) of title 54, United States Code, in the project lists provided under subsection (a)(2), in the list of supplementary allocations provided under subsection (a)(2), and on the lists of supplementary allocations required by paragraphs (1) and (2) shall be comprised only of projects for which a willing seller has been identified and for which an appraisal or market research has been initiated.

"(4) Concurrent with the annual budget submission of the President for fiscal year 2027, the Secretary of the Interior and the Secretary of Agriculture shall each submit to the Committees on Appropriations project data sheets in the same format and containing the same level of detailed information that is found on such sheets in the Budget Justifications annually submitted by the Secretary of the Interior with the President's Budget for the projects in the 'Submission of Cost Estimates' required by section 200303(c)(1) of title 54, United States Code, and in the same format and containing the same level of detailed information that is found on such sheets submitted to the Committees on Appropriations pursuant to section 427 of division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) [133 Stat. 2749] for the list of supplementary allocations required by paragraphs (1) and (2).

"(5) The Secretary of the Interior and the Secretary of Agriculture shall provide to the Committees on Appropriations quarterly reports on the status of balances of projects and activities funded by the National Parks and Public Land Legacy Restoration Fund and the Land and Water Conservation Fund, and the status of balances of projects and activities funded by the Land and Water Conservation Fund for amounts allocated pursuant to subsection (a)(2) of this section, including all uncommitted, committed, and unobligated funds.

"(d) Within 45 days of enactment of this Act [Jan. 23, 2026], the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2025 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the agencies and accounts specified, for the projects specified, under the accounts specified, and in the amounts specified in the table titled 'Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2025 Revisions' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) [140 Stat. 5].

"(e)(1) Within 30 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall provide to the House and Senate Committees on Appropriations project lists with project data sheets, which shall include a sufficient number of projects to total the amounts for the account titled 'National Parks and Public Land Legacy Restoration Fund' for each of the Bureau of Land Management, United States Fish and Wildlife Service, National Park Service, Bureau of Indian Education, and U.S. Forest Service: Provided, That expenditure of funds under this paragraph is a reprogramming and shall be subject to section 421 of this Act [140 Stat. 163].

"(2) Within 45 days of the date on which a reprogramming is approved pursuant to the last proviso in subparagraph (1), the Secretary of the Interior and the Secretary of Agriculture shall allocate amounts made available for expenditure from the National Parks and Public Land Legacy Restoration Fund for fiscal year 2026 pursuant to subsection (c) of 200402 of title 54, United States Code, to the account titled 'National Parks and Public Land Legacy Restoration Fund' for each of the Bureau of Land Management, United States Fish and Wildlife Service, National Park Service, Bureau of Indian Education, and U.S. Forest Service as applicable, in the amounts specified and for the projects included in the project lists approved by the Committees on Appropriations in accordance with subparagraph (1)."

Similar provisions were contained in the following appropriation acts:

Pub. L. 118–42, div. E, title IV, §430(a)–(c), Mar. 9, 2024, 138 Stat. 291 , 292.

Pub. L. 117–328, div. G, title IV, §431(a)–(c), Dec. 29, 2022, 136 Stat. 4827 , 4828.

Pub. L. 117–103, div. G, title IV, §431(a)–(c), Mar. 15, 2022, 136 Stat. 416 , 417.

Pub. L. 116–260, div. G, title IV, §434(a)–(c), Dec. 27, 2020, 134 Stat. 1543 , 1544.

Executive Documents

Delegation of Authority for Fiscal Year 2021 Cost Estimates and Annual Reports to the Congress for the Land and Water Conservation Fund

Memorandum of President of the United States, Nov. 9, 2020, 85 F.R. 72889, provided:

Memorandum for the Secretary of the Interior [and] the Secretary of Agriculture

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered as follows:

Section 1. The Secretary of the Interior and the Secretary of Agriculture are hereby authorized to submit, for their respective agencies:

(a) the cost estimates to the Congress required by 54 U.S.C. 200303(c)(1)(A), as amended by section 3(a) of the Great American Outdoors Act (Public Law 116–152) (the "Act"); and

(b) annually, the report to the Congress required by 54 U.S.C. 200303(c)(4), as amended by section 3(a) of the Act.

Sec. 2. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d) The Secretary of the Interior is authorized and directed to publish this memorandum in the Federal Register.

Donald J. Trump.