[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3172 Reported in Senate (RS)]
<DOC>
Calendar No. 713
115th CONGRESS
2d Session
S. 3172
To amend title 54, United States Code, to establish, fund, and provide
for the use of amounts in a National Park Service Legacy Restoration
Fund to address the maintenance backlog of the National Park Service,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 28, 2018
Mr. Portman (for himself, Mr. Warner, Mr. Alexander, Mr. King, Mr.
Daines, Mr. Heinrich, Mrs. Capito, Mr. Gardner, Mr. Manchin, Mr. Blunt,
Ms. Collins, Mr. Tillis, Mr. Brown, Mr. Sullivan, Mr. Rounds, Mr.
Heller, Ms. Klobuchar, Mr. Bennet, Mr. Graham, Mr. Wyden, Mr. Hoeven,
Mrs. Feinstein, Mr. Coons, Ms. Harris, Mr. Peters, Mr. Boozman, Mr.
Booker, Ms. Duckworth, Mr. Casey, Ms. Baldwin, Mr. Cotton, Mr. Kyl, Mr.
Kaine, Ms. Cortez Masto, and Mr. Merkley) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
December 4, 2018
Reported by Ms. Murkowski, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend title 54, United States Code, to establish, fund, and provide
for the use of amounts in a National Park Service Legacy Restoration
Fund to address the maintenance backlog of the National Park Service,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Restore Our Parks
Act''.</DELETED>
<DELETED>SEC. 2. NATIONAL PARK SERVICE LEGACY RESTORATION
FUND.</DELETED>
<DELETED> (a) In General.--Chapter 1049 of title 54, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``SEC. 104908. NATIONAL PARK SERVICE LEGACY RESTORATION
FUND.</DELETED>
<DELETED> ``(a) In General.--There is established in the Treasury of
the United States a fund, to be known as the `National Park Service
Legacy Restoration Fund' (referred to in this section as the
`Fund').</DELETED>
<DELETED> ``(b) Deposits.--</DELETED>
<DELETED> ``(1) In general.--Except as provided in paragraph
(2), for each of fiscal years 2019 through 2023, there shall be
deposited in the Fund an amount equal to 50 percent of all
energy development revenues due and payable to the United
States from oil, gas, coal, or alternative or renewable energy
development on Federal land and water that are not otherwise
credited, covered, or deposited under Federal law.</DELETED>
<DELETED> ``(2) Maximum amount.--The amount deposited in the
Fund under paragraph (1) shall not exceed $1,300,000,000 for
any fiscal year.</DELETED>
<DELETED> ``(3) Effect on other revenues.--Nothing in this
section affects the disposition of revenues that--</DELETED>
<DELETED> ``(A) are due to the United States,
special funds, trust funds, or States from mineral and
energy development on Federal land and water;
or</DELETED>
<DELETED> ``(B) have been otherwise appropriated
under Federal law, including the Gulf of Mexico Energy
Security Act of 2006 (43 U.S.C. 1331 note; Public Law
109-432), the Mineral Leasing Act (30 U.S.C. 181 et
seq.), and chapter 2003 of title 54, United States
Code.</DELETED>
<DELETED> ``(c) Availability of Funds.--Amounts deposited in the
Fund shall be available to the Service without further appropriation or
fiscal year limitation.</DELETED>
<DELETED> ``(d) Investment of Amounts.--</DELETED>
<DELETED> ``(1) In general.--The Secretary may request the
Secretary of the Treasury to invest any portion of the Fund
that is not, as determined by the Secretary, required to meet
the current needs of the Fund.</DELETED>
<DELETED> ``(2) Requirement.--An investment requested under
paragraph (1) shall be made by the Secretary of the Treasury in
a public debt security--</DELETED>
<DELETED> ``(A) with a maturity suitable to the
needs of the Fund, as determined by the Secretary;
and</DELETED>
<DELETED> ``(B) bearing interest at a rate
determined by the Secretary of the Treasury, taking
into consideration current market yields on outstanding
marketable obligations of the United States of
comparable maturity.</DELETED>
<DELETED> ``(3) Credits to fund.--The income on investments
of the Fund under this subsection shall be credited to, and
form a part of, the Fund.</DELETED>
<DELETED> ``(e) Use of Funds.--Amounts in the Fund shall be used for
the high-priority deferred maintenance needs of the Service, as
determined by the Director, as follows:</DELETED>
<DELETED> ``(1) 65 percent of amounts in the Fund shall be
allocated for projects that are not eligible for the funding
described in subparagraph (A) or (B) of paragraph (2) for the
repair and rehabilitation of assets, including--</DELETED>
<DELETED> ``(A) historic structures, facilities, and
other historic assets;</DELETED>
<DELETED> ``(B) nonhistoric assets that relate
directly to visitor--</DELETED>
<DELETED> ``(i) access, including making
facilities accessible to visitors with
disabilities;</DELETED>
<DELETED> ``(ii) health and safety;
and</DELETED>
<DELETED> ``(iii) recreation; and</DELETED>
<DELETED> ``(C) visitor facilities, water and
utility systems, and employee housing.</DELETED>
<DELETED> ``(2) 35 percent of amounts in the Fund shall be
allocated to road, bridge, tunnel, or other transportation-
related projects that may be eligible for funding made
available to the Service through--</DELETED>
<DELETED> ``(A) the transportation program under
section 203 of title 23; or</DELETED>
<DELETED> ``(B) any similar Federal land highway
program administered by the Secretary of
Transportation.</DELETED>
<DELETED> ``(f) Prohibited Use of Funds.--No amounts in the Fund
shall be used--</DELETED>
<DELETED> ``(1) for land acquisition; or</DELETED>
<DELETED> ``(2) to supplant discretionary funding made
available for the annually recurring facility operations and
maintenance needs of the Service.</DELETED>
<DELETED> ``(g) Submission of Annual Proposal.--As part of the
annual budget submission of the Service to the Committee on
Appropriations of the House of Representatives and the Committee on
Appropriations of the Senate (referred to in this section as the
`Committees'), the Service shall submit a prioritized list of deferred
maintenance projects proposed to be funded by amounts in the Fund
during the fiscal year for which the budget submission is
made.</DELETED>
<DELETED> ``(h) Congressional Review.--After review of the list
submitted under subsection (g), the Committees may provide for the
allocation of amounts derived from the Fund.</DELETED>
<DELETED> ``(i) Project Approval.--</DELETED>
<DELETED> ``(1) In general.--Except as provided in paragraph
(2), if, before the beginning of a fiscal year, the Committees
do not alter the allocation of funds proposed by the Service
for that fiscal year, the list submitted under subsection (g)
for that fiscal year shall be considered approved.</DELETED>
<DELETED> ``(2) Continuing resolution.--If, before the
beginning of a fiscal year, there is enacted a continuing
resolution or resolutions for a period of--</DELETED>
<DELETED> ``(A) less than or equal to 120 days, the
Service shall not commit funds to any proposed high-
priority deferred maintenance project until the date of
enactment of a law making appropriations for the
Service that is not a continuing resolution;
or</DELETED>
<DELETED> ``(B) more than 120 days, the list
submitted under subsection (g) for that fiscal year
shall be considered approved, unless otherwise provided
in the continuing resolution or resolutions.</DELETED>
<DELETED> ``(j) Public Donations.--</DELETED>
<DELETED> ``(1) In general.--The Secretary and the Director
may accept public cash or in-kind donations that advance
efforts--</DELETED>
<DELETED> ``(A) to reduce the deferred maintenance
backlog of the Service; and</DELETED>
<DELETED> ``(B) to encourage relevant public-private
partnerships.</DELETED>
<DELETED> ``(2) Credits to fund.--Any cash donations
accepted under paragraph (1) shall be credited to, and form a
part of, the Fund.</DELETED>
<DELETED> ``(3) Reporting.--Each donation received under
paragraph (1) that is used for, or directly related to, the
reduction of the deferred maintenance backlog of the Service
shall be included with the annual budget submission of the
President to Congress.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections for chapter
1049 of title 54, United States Code, is amended by adding at the end
the following:</DELETED>
<DELETED>``104908. National Park Service Legacy Restoration Fund.''.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restore Our Parks Act''.
SEC. 2. NATIONAL PARK SERVICE LEGACY RESTORATION FUND.
(a) In General.--Chapter 1049 of title 54, United States Code, is
amended by adding at the end the following:
``Sec. 104908. National park service legacy restoration fund
``(a) Definitions.--In this section:
``(1) Fund.--The term `Fund' means the National Park
Service Legacy Restoration Fund established by subsection (b).
``(2) Project.--The term `project' means the overall plan
of remediation of deferred maintenance for an asset, which may
include resolving directly related infrastructure deficiencies
of the asset.
``(b) Establishment.--There is established in the Treasury of the
United States a fund, to be known as the `National Park Service Legacy
Restoration Fund'.
``(c) Deposits.--
``(1) In general.--Except as provided in paragraph (2), for
each of fiscal years 2019 through 2023, there shall be
deposited in the Fund an amount equal to 50 percent of all
energy development revenues due and payable to the United
States from oil, gas, coal, or alternative or renewable energy
development on Federal land and water that would otherwise be
credited, covered, or deposited as miscellaneous receipts under
Federal law.
``(2) Maximum amount.--The amount deposited in the Fund
under paragraph (1) shall not exceed $1,300,000,000 for any
fiscal year.
``(3) Effect on other revenues.--Nothing in this section
affects the disposition of revenues that--
``(A) are due to the United States, special funds,
trust funds, or States from mineral and energy
development on Federal land and water; or
``(B) have been otherwise appropriated under
Federal law, including the Gulf of Mexico Energy
Security Act of 2006 (43 U.S.C. 1331 note; Public Law
109-432), the Mineral Leasing Act (30 U.S.C. 181 et
seq.), and chapter 2003.
``(d) Availability of Funds.--Amounts deposited in the Fund shall
be available to the Secretary without further appropriation or fiscal
year limitation.
``(e) Investment of Amounts.--
``(1) In general.--The Secretary may request the Secretary
of the Treasury to invest any portion of the Fund that is not,
as determined by the Secretary, required to meet the current
needs of the Fund.
``(2) Requirement.--An investment requested under paragraph
(1) shall be made by the Secretary of the Treasury in a public
debt security--
``(A) with a maturity suitable to the needs of the
Fund, as determined by the Secretary; and
``(B) bearing interest at a rate determined by the
Secretary of the Treasury, taking into consideration
current market yields on outstanding marketable
obligations of the United States of comparable
maturity.
``(3) Credits to fund.--The income on investments of the
Fund under this subsection shall be credited to, and form a
part of, the Fund.
``(f) Use of Funds.--Amounts in the Fund shall be used for the
priority deferred maintenance needs of the Service, as determined by
the Secretary, to carry out repair, restoration, or rehabilitation
projects as follows:
``(1) Not less than 65 percent of amounts in the Fund shall
be allocated for non-transportation projects, including--
``(A) historic structures, facilities, and other
historic assets;
``(B) structures, facilities, and other nonhistoric
assets that relate directly to the visitor experience,
including--
``(i) access, including making facilities
accessible to visitors with disabilities;
``(ii) health and safety; and
``(iii) recreation; and
``(C) administrative facilities, water and utility
systems, and employee housing.
``(2) The remaining amounts in the Fund may be allocated to
road, bridge, tunnel, or other transportation-related projects
that may be eligible for funding made available to the Service
through--
``(A) the transportation program under section 203
of title 23; or
``(B) any similar Federal land highway program
administered by the Secretary of Transportation.
``(g) Prohibited Use of Funds.--No amounts in the Fund shall be
used--
``(1) for land acquisition;
``(2) to supplant discretionary funding made available for
the annually recurring facility operations, maintenance, and
construction needs of the Service; or
``(3) for bonuses for employees of the Federal Government
that are carrying out this section.
``(h) Submission of List of Projects to Congress.--As soon as
practicable after the date of enactment of this section, the Secretary
shall submit to the appropriate committees of Congress--
``(1) a list of each project that--
``(A) as of the date of enactment of this section,
is identified by the Secretary as a highest-priority
deferred maintenance project of the Service; and
``(B) as of the date of the report, is ready to be
commenced immediately; and
``(2) for any project identified under paragraph (1)(A)
that is not ready to be commenced immediately, a schedule for
the completion of all reviews with respect to the project
(including the preparation of any environmental documents and
historic preservation analyses) that are necessary to commence
the project immediately.
``(i) Submission to Congress.--The Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives, as part
of the annual budget submission of the President--
``(1) a report that describes, and provides an explanation
for, any cost overruns or delays relating to deferred
maintenance projects carried out using amounts from the Fund
for the previous fiscal year; and
``(2) a list of projects for which the amounts in the Fund
are allocated under this section, including a description and
cost-benefit analysis of each project, after considering the
list and schedules submitted under subsection (h).
``(j) Public Donations.--
``(1) In general.--The Secretary and the Director may
accept public cash or in-kind donations that advance efforts--
``(A) to reduce the deferred maintenance backlog of
the Service; and
``(B) to encourage relevant public-private
partnerships.
``(2) Credits to fund.--Any cash donations accepted under
paragraph (1) shall be credited to, and form a part of, the
Fund.
``(3) Reporting.--Each donation received under paragraph
(1) that is used for, or directly related to, the reduction of
the deferred maintenance backlog of the Service shall be
included with the annual budget submission of the President to
Congress.
``(k) Annual Reports.--Not later than 1 year after the date on
which the first distributions are made from the Fund and annually
thereafter, the Secretary shall submit to the appropriate committees of
Congress a report that describes, with respect to each project provided
amounts from the Fund during the period covered by the report--
``(1) any progress with respect to the project, including a
comparison of the progress with respect to other highest-
priority deferred maintenance projects of the Service;
``(2) the expenditure of amounts from the Fund with respect
to the project; and
``(3) the projected cyclic maintenance needs of the project
on completion of the project.''.
(b) Clerical Amendment.--The table of sections for chapter 1049 of
title 54, United States Code, is amended by adding at the end the
following:
``104908. National Park Service Legacy Restoration Fund.''.
SEC. 3. GAO STUDY.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) conduct a study with respect to the implementation of
the National Park Service Legacy Restoration Fund under section
104908 of title 54, United States Code (as added by section
2(a)) (referred to in this section as the ``Fund''), including
whether the Director of the National Park Service is, with
respect to projects carried out using amounts from the Fund--
(A) properly estimating the cost for those
projects;
(B) adhering to time schedules and cost projections
for those projects;
(C) properly prioritizing deferred maintenance
projects; and
(D) properly moving completed projects off of the
high-priority deferred maintenance list of the National
Park Service in a timely manner; and
(2) submit to Congress a report that describes the results
of the study under paragraph (1).
Calendar No. 713
115th CONGRESS
2d Session
S. 3172
_______________________________________________________________________
A BILL
To amend title 54, United States Code, to establish, fund, and provide
for the use of amounts in a National Park Service Legacy Restoration
Fund to address the maintenance backlog of the National Park Service,
and for other purposes.
_______________________________________________________________________
December 4, 2018
Reported with an amendment