THE SECRETARY OF THE INTERIOR
WASHINGTON
ORDER NO. 3396
Subject: Rescission of Secretary’s Order 3388, “Land and Water Conservation Fund
Implementation by the U.S. Department of the Interior”
Sec. 1 Purpose. This Order rescinds Secretary’s Order No. 3388 (SO 3388), entitled “Land and
Water Conservation Fund Implementation by the U.S. Department of the Interior.”
Sec. 2 Authority. This Order is issued under the authority of section 2 of Reorganization Plan
No. 3 of 1950 (64 Stat. 1262), as amended; the Land and Water Conservation Fund Act
(Pub. L. 88-578), as amended; the John D. Dingell, Jr. Conservation, Management, and
Recreation Act (Pub. L. 116-9); and the Great American Outdoors Act (Pub. L. 116-152).
Sec. 3 Background. On November 9, 2020, former Secretary David L. Bernhardt issued
SO 3388, unilaterally conditioning the availability of State financial assistance on compliance
with new policy prerogatives without meaningful consultation with stakeholders or the public.
SO 3388 also imposed new restrictions not mandated by law on the availability of Land and
Water Conservation (LWCF) funding for Federal acquisitions of land, water, or interests therein.
These limitations were imposed immediately after Congress dramatically increased the annual
funding level of the LWCF to in excess of $900 million. SO 3388 needlessly inhibits availability
of LWCF funds to State assistance programs and Federal land acquisitions and is not mandated
by any existing statutory or regulatory requirement.
Sec. 4 Directive. SO 3388, “Land and Water Conservation Fund Implementation by the
U.S. Department of the Interior,” is hereby revoked.
Sec. 5 Implementation.
a. The Directors of the National Park Service, U.S. Fish and Wildlife Service, and Bureau
of Land Management are directed to:
1. Take all necessary actions, unless prohibited by law or regulation, to revise
guidance for LWCF expenditures to no longer reflect the criteria mandated by SO 3388−this
includes the revision of alterations that were made solely or primarily on account of such Order.
2. Undertake a policy review to determine any appropriate or necessary further
guidance revisions.
3. Carry out LWCF Federal acquisition expenditures consistent with this Order.
b. The D
irector of the National Park Service is further directed to:
1. Revise the National Park Service Manual, entitled Land and Water
Conservation Fund Assistance Manual, to no longer reflect the policy prescriptions mandated by
SO 3388 where alterations were made solely or primarily on account of such Order.
2. Undertake a policy review to determine any appropriate
or necessary further
revisions to the Land and Water Conservation Fund Assistance Manual.
3. Implement the LWCF state assistance program and Outdoor Recreation Legacy
Partnership Program consistent with this Order.
Sec. 6 Effect of this Order. This Order is intended to improve the internal management of the
Department. This Order and any resulting report or recommendations are not intended to−and do
not−create any right or benefit, substantive or procedural, enforceable at law or equity by a party
against the United States, its departments, agencies, instrumentalities or entities, its officers or
employees, or any other person. To the extent there is any inconsistency between the provisions
of this Order and any Federal laws or regulations, the laws or regulations will control.
Sec. 7 Expiration Date.
This Order is effective immediately.
Scott A. de la Vega
Acting Secretary of the Interior
Date:
FEB 11 2021
