[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5797 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5797
To amend title 23, United States Code, with respect to funding the
recreational trails program, to require a study to determine the best
available estimate of the total amount of nonhighway recreational fuel
taxes received by the Secretary of the Treasury, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 2020
Mr. Welch (for himself, Ms. Craig, Mr. Curtis, Mr. Simpson, Ms. Kuster
of New Hampshire, and Mr. Stewart) introduced the following bill; which
was referred to the Committee on Transportation and Infrastructure, and
in addition to the Committee on Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend title 23, United States Code, with respect to funding the
recreational trails program, to require a study to determine the best
available estimate of the total amount of nonhighway recreational fuel
taxes received by the Secretary of the Treasury, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``RTP Full Funding Act of 2020''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the recreational trails program under section 206 of
title 23, United States Code--
(A) helps develop and maintain valuable trail
infrastructure across the United States;
(B) benefits millions of diverse trail users,
including users who participate in hiking, bicycling,
in-line skating, equestrian use, cross-country skiing,
snowmobiling, off-road motorcycling, all-terrain
vehicle riding, 4-wheel driving, and other off-road
motorized vehicle use; and
(C)(i) embraces the user-pay-user-benefit model of
the Highway Trust Fund; and
(ii) is funded by a Federal tax on fuel used for
nonhighway recreation;
(2) to ensure that Federal taxes collected from nonhighway
recreation are appropriately returned to the States for the
recreational trails program, an accurate estimate of the total
amount of nonhighway fuel taxes collected is necessary; and
(3) an accurate study to produce a best available estimate
of the total amount of nonhighway recreational fuel taxes
received by the Secretary of the Treasury will help inform
Congress in continuing to authorize the recreational trails
program.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Highway Administration.
(2) Highway trust fund.--The term ``Highway Trust Fund''
means the Highway Trust Fund established by section 9503(a) of
the Internal Revenue Code of 1986.
(3) Nonhighway recreational fuel taxes.--The term
``nonhighway recreational fuel taxes'' means taxes under
section 4041 and 4081 of the Internal Revenue Code of 1986 with
respect to fuel used in vehicles on recreational trails or back
country terrain (including vehicles registered for highway use
when used on recreational trails, trail access roads not
eligible for funding under title 23, United States Code, or
back country terrain).
(4) Recreational trails program.--The term ``recreational
trails program'' means the recreational trails program under
section 206 of title 23, United States Code.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 4. NONHIGHWAY RECREATIONAL FUEL STUDY.
(a) Assessment; Report.--
(1) Assessment.--Not later than 1 year after the date of
enactment of this Act and not less frequently than once every 5
years thereafter, as determined by the Secretary, the Secretary
shall carry out an assessment of the best available estimate of
the total amount of nonhighway recreational fuel taxes received
by the Secretary of the Treasury and transferred to the Highway
Trust Fund for the period covered by the assessment.
(2) Report.--After carrying out each assessment under
paragraph (1), the Secretary shall submit to the Committees on
Finance and Environment and Public Works of the Senate and the
Committees on Ways and Means and Transportation and
Infrastructure of the House of Representatives a report that
includes--
(A) a description of the results of the assessment;
(B) an evaluation of whether the current
recreational trails program funding level of each
participating State accurately reflects the
apportionment criteria described in section 133(h)(5)
of title 23, United States Code; and
(C) in the case of the first report submitted under
this paragraph, an estimate of the frequency with which
the Secretary anticipates carrying out the assessment
under paragraph (1), subject to the condition that such
an assessment shall be carried out not less frequently
than once every 5 years.
(b) Consultation.--In carrying out an assessment under subsection
(a)(1), the Secretary may consult with, as the Secretary determines to
be appropriate--
(1) the heads of--
(A) State agencies designated by Governors pursuant
to section 206(c)(1) of title 23, United States Code,
to administer the recreational trails program; and
(B) division offices of the Department of
Transportation;
(2) the Secretary of the Treasury;
(3) the Administrator; and
(4) groups representing recreational activities and
interests, including hiking, biking and mountain biking,
horseback riding, water trails, snowshoeing, cross-country
skiing, snowmobiling, off-highway motorcycling, all-terrain
vehicles, recreational off-highway vehicles, and other offroad
motorized vehicle activities, and recreational trail advocates.
(c) Funding.--
(1) In general.--For the first fiscal year beginning after
the date of enactment of this Act, the Secretary shall set
aside from funds available to the Secretary to carry out the
recreational trails program and not otherwise obligated an
amount not greater than $3,000,000 to conduct the assessment
under subsection (a)(1).
(2) Reservation.--The amount set aside under this
subsection shall be proportionately reserved from the
apportionment to each State participating in the recreational
trails program during that fiscal year, after making any
reallocation to participating States, as described in section
133(h)(1)(B) of title 23, United States Code.
SEC. 5. REPORTING.
(a) Establishment of New Financial Management Information System
Codes.--The Administrator shall establish financial management
information system codes for each of the following:
(1) Nonmotorized single use project.
(2) Nonmotorized diverse use project.
(3) Diverse use project including both motorized and
nonmotorized uses.
(4) Motorized single use project.
(5) Motorized diverse use project.
(b) State Reports.--
(1) In general.--Except as provided in paragraph (2), not
less frequently than annually, each State that carries out
projects under the recreational trails program shall submit to
the Administrator a report describing the expenditures relating
to those projects, as listed--
(A) based on each code described in subsection (a);
and
(B) relating to projects for the State on Federal
land.
(2) Exemption.--Paragraph (1) shall not apply to a State
that is described in section 206(d)(3)(B) of title 23, United
States Code.
(c) Assessment.--Not less frequently than annually, the
Administrator shall--
(1) carry out an assessment of State expenditures on
recreational trails projects under subsection (b); and
(2) submit to Congress a report that describes the results
of the assessment.
SEC. 6. STP SET-ASIDE.
(a) Reservation of Funds.--Section 133(h)(1) of title 23, United
States Code, is amended--
(1) in subparagraph (B)--
(A) in the matter preceding clause (i), by striking
``subparagraph (A)'' and inserting ``clause (i)'';
(B) in clause (i), by striking ``section
133(d)(2)'' and inserting ``subsection (d)(2)''; and
(C) in clause (ii), by striking the period at the
end and inserting ``; and'';
(2) in each of subparagraphs (A) and (B), by redesignating
clauses (i) and (ii) as subclauses (I) and (II), respectively,
and indenting the subclauses appropriately;
(3) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting the clauses
appropriately;
(4) in the matter preceding clause (i) (as so
redesignated), by striking ``shall reserve an amount such
that--'' and inserting the following: ``shall reserve--
``(A) an amount such that--''; and
(5) by adding at the end the following:
``(B) for administrative, research, technical
assistance, and training expenses (including the costs
of entering into cooperative agreements with other
Federal departments or agencies, institutions of higher
education, or nonprofit organizations to carry out such
an activity) for the recreational trails program under
section 206, an amount of up to 1 percent of the amount
apportioned to carry out that program, but not to
exceed $1,500,000, which reservation shall be made
before making any apportionment under paragraph (5) to
a State.''.
(b) Amount Required To Be Obligated for Recreational Trails.--
Section 133(h)(5) of title 23, United States Code, is amended--
(1) by striking ``For each fiscal year'' and inserting the
following:
``(A) In general.--For each fiscal year'';
(2) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively;
(3) by amending clause (iii), as so redesignated, to read
as follows:
``(iii) obligate an amount of funds
reserved under this section equal to the amount
calculated under subparagraph (B);''; and
(4) by adding at the end the following:
``(B) Calculation of state share of recreational
trail program funds.--For each State, the required
amount of funds to be obligated by such State under
subparagraph (A)(iii) shall be calculated by adding--
``(i) covered funds divided by the number
of States reserving amounts under this
subsection; and
``(ii) covered funds proportioned to such
State to the degree that--
``(I) non-highway recreational fuel
use in such State during the preceding
year; bears to
``(II) non-highway recreational
fuel use in all States, as reflected in
the most recent nonhighway recreational
fuel study required of the Secretary
under the RTP Full Funding Act of 2020.
``(C) Covered funds defined.--In this paragraph,
the term `covered funds' means--
``(i) until the date on which the first
report is submitted under section 4 of the RTP
Full Funding Act of 2020, $125,000,000; and
``(ii) after the date on which the first
report is submitted under section 4 of the RTP
Full Funding Act of 2020, 50 percent of the
best available estimate of the total annual
amount of nonhighway recreational fuel taxes
transferred to the Highway Trust Fund.''.
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