The Department of Interior Secretary Doug Burgum signed Order No. 3442, on September 4, 2025, reinstituting a key protection for landowners private property targeted for purchase under the Land and Water Conservation Fund.
Sec. David Bernhardt during President Trump’s first term issued the exact order requiring written consent from both the Governor and local county government before funds from the Land and Water Conservation Fund could be used to purchase private property.
Under Burgum’s order, Section 4 Policy, (C) 5 states: “A written expression of support by both the affected Governor, or their verified designee, and local county or county government-equivalent (e.g.,parish, borough) is required for the acquisition of land, water, or an interest in land or water under the Federal LWCF program.”
This was a key provision the Biden administration rescinded immediately after his inauguration in Order No. 3396, signed by the Acting Secretary of Interior Scott de la Vega on Feb. 11, 2021. The Order specifically rescinded Bernhardt’s Order 3388, allowing the Biden administration to implement his 30×30 agenda taking away any oversight or protection for landowners whose land was targeted for acquisition.
This action by Burgam is in addition to what ASL reported in August that the Trump administration is repurposing $276.1 million of the $400 million designated for the Land and Water Conservation Fund for deferred maintenance needs which can be used by BLM, NPS, and FWS.
Should the federal government wish to use federal dollars from the Land and Water Conservation Fund in your county, notify your local county commissioners and contact your governor’s office immediately and demand they give their written approval or disapproval prior to the land being purchased.
You can also contact your Congressman and ask that they codify this provision in law so the next environmental leaning administration cannot remove this protection.
View the DOI Press Release on Changes to LWCF here.
