Text: H.R.4040 — 101st Congress (1989-1990)All Information (Except Text)

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HR 4040 IH
101st CONGRESS
2d Session
 H. R. 4040
To set aside a fair proportion of the Highway Trust Fund monies for use in
constructing and maintaining off-highway recreational trails.
IN THE HOUSE OF REPRESENTATIVES
February 21, 1990
Mr. CRAIG introduced the following bill; which was referred jointly to the
Committees on Ways and Means, Public Works and Transportation, and Interior
and Insular Affairs
A BILL
To set aside a fair proportion of the Highway Trust Fund monies for use in
constructing and maintaining off-highway recreational trails.
  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 `National Recreational Trails Fund Act of 1990'.
SEC. 2. FINDINGS.
  The Congress finds that--
  (1) the Highway Trust Fund was established to assure availability of the
  financial means to construct and maintain a viable highway system in the
  United States;
  (2) in order to equitably finance the Highway Trust Fund, a fuel use
  tax was imposed on each gallon of motor fuel sold, excluding sales of
  fuel for use in certain types of vehicles, thus establishing a directly
  proportional relationship between the use of Federal highways (as measured
  by fuel consumption) and payments into the Fund;
  (3) not excluded from the fuel use tax are sales for use of fuel in motors
  of off-highway vehicles, highway vehicles when used off-highway, and other
  motors not used on highways, such as snowmobiles, all-terrain vehicles,
  motorcycles, chain saws, and outdoor electrical generators;
  (4) like highways, the recreational trails and back country terrain used by
  off-highway vehicles must be constructed and maintained, but construction
  and maintenance of such recreational trails and terrain receives little
  priority in the budgetary processes of the land management agencies of
  the United States Government; and
  (5) it is both equitable and prudent, for safety, environmental protection,
  and recreational reasons, to assure availability of financial means
  to maintain and improve recreational trails and off-highway terrain by
  reserving for those purposes a portion of fuel use taxes imposed on motor
  fuel used in off-highway recreational trail motors.
SEC. 3. CREATION OF NATIONAL RECREATIONAL TRAILS TRUST FUND.
  (a) IN GENERAL- Subchapter A of chapter 98 of the Internal Revenue Code of
  1986 (relating to trust fund code) is amended by adding at the end thereof
  the following new section:
`SEC. 9511. NATIONAL RECREATION TRAILS TRUST FUND.
  `(a) CREATION OF TRUST FUND- There is established in the Treasury of
  the United States a trust fund to be known as the `National Recreational
  Trails Trust Fund', consisting of such amounts as may be appropriated,
  credited, or paid to it as provided in this section, section 9503(c)(5),
  or section 9602(b).
  `(b) EXPENDITURES FROM TRUST FUND- Amounts in the National Recreational
  Trails Trust Fund shall be available for making expenditures to carry out
  the purposes of the National Recreational Trails Fund Act of 1990'.
  (b) DEPOSIT OF UNREFUNDED HIGHWAY TRUST FUND MONIES- Subsection (c) of
  section 9503 of the Internal Revenue Code of 1986 (relating to Highway
  Trust Fund) is amended--
  (1) by adding at the end thereof the following new paragraph:
  `(5) Transfers from the trust fund for off-highway recreational trail
  fuel taxes-
  `(A) TRANSFER TO NATIONAL RECREATIONAL TRAILS TRUST FUND- The Secretary shall
  annually pay from the Highway Trust Fund into the National Recreational
  Trails Trust Fund amounts (as determined by the Secretary) equivalent to
  the off-highway recreational trail fuel taxes received on or after January
  1, 1990.
  `(B) DEFINITIONS- For purposes of this paragraph--
  `(i) OFF-HIGHWAY RECREATIONAL TRAIL FUEL TAXES- The term `off-highway
  recreational trail fuel taxes' means the taxes under sections 4041, 4081,
  and 4091 (to the extent attributable to the Highway Trust Fund financing
  rate) with respect to fuel used in off-highway recreational trail motors.
  `(ii) OFF-HIGHWAY RECREATIONAL TRAIL MOTORS- The term `off-highway
  recreational trail motors' means motors in vehicles and equipment used on
  recreational trails or off-highway terrain, including vehicles registered for
  highway use when used on recreational trails or off-highway terrain.'; and
  (2) by striking subparagraph (C) of paragraph (2) and inserting the
  following new subparagraph:
  `(C) EXCEPTION FOR USE IN AIRCRAFT AND MOTORBOATS, AND ON RECREATIONAL
  TRAILS, ETC- The paragraph shall not apply to amounts estimated by the
  Secretary as attributable to--
  `(i) use of gasoline and special fuels in motorboats or in aircraft, and
  `(ii) use of gasoline in off-highway recreational trail motors as defined
  in paragraph (5)(B)(ii).'.
  (c) CONFORMING AMENDMENT- Section 6421(e)(2) of the Internal Revenue Code
  of 1986 (defining off-highway business use) is amended by adding at the
  end thereof the following new subparagraph:
  `(C) EXCEPTION FOR USE ON RECREATIONAL TRAILS, ETC- The term `off-highway
  business use' does not include any use in off-highway recreational trail
  motors as defined in section 9503(c)(5)(B)(ii).'.
  (d) CLERICAL AMENDMENT- The table of sections for subchapter A of chapter
  98 of the Internal Revenue Code of 1986 is amended by adding at the end
  thereof the following new item:
`Sec. 9511. National Recreational Trails Trust Fund.'.
SEC. 4. NATIONAL RECREATIONAL TRAILS PROGRAM.
  (a) IN GENERAL- The Secretary, using amounts available in the Fund,
  shall administer a program of grants to the States for the purposes of
  constructing and maintaining recreational trails.
  (b) State Eligibility-
  (1) TRANSITIONAL PROVISION- Until the date that is 3 years after the date
  of enactment of this Act, a State shall be eligible to receive a grant
  under this Act if such State's grant application proposes to use grant
  monies for the purposes stated in subsection (d).
  (2) PERMANENT PROVISION- On and after the date that is 3 years after the
  date of enactment of this Act, a State shall be eligible to receive a
  grant under this Act if--
  (A) the State has established a State Recreational Trails Advisory Board;
  (B) the State imposes a tax on fuel used in off-highway recreational
  trail motors, and the revenues from such tax are reserved by law for use
  in constructing and maintaining recreational trails; and
  (C) the State's grant application proposes to use grant monies for the
  purposes stated in subsection (d).
  (c) ALLOCATION OF MONIES IN THE FUND-
  (1) ADMINISTRATIVE COSTS- No more than 5 percent of the expenditures made
  annually from the Fund may be used to pay the cost to the Secretary for--
  (A) approving applications of States for grants under this Act;
  (B) providing technical assistance to the States on recreational trail
  construction and maintenance activities funded by such grants; and
  (C) paying expenses of the National Recreational Trails Advisory Committee.
  (2) GRANTS- Amounts in the Fund remaining after payment of the administrative
  costs described in paragraph (1), shall be allocated and paid to the States
  annually in the following proportions:
  (A) EQUAL AMOUNTS- 50 percent of such amounts shall be allocated equally
  among eligible States.
  (B) AMOUNTS PROPORTIONATE TO OFF-HIGHWAY RECREATIONAL TRAIL MOTOR FUEL
  USE- 50 percent of such amounts shall be allocated among eligible States
  in proportion to the amount of off-highway recreational trail motor fuel
  use during the preceding year in each such State, respectively.
  (d) USE OF GRANT MONIES-
  (1) PERMISSIBLE USES- A State may use grant monies received under this
  Act for--
  (A) construction and maintenance of recreational trails;
  (B) acquisition of easements;
  (C) acquisition of fee simple title to property from a willing seller,
  when the objective of the acquisition cannot be accomplished by acquisition
  of an easement or by other means;
  (D) development of trail-side facilities that meet goals identified by
  the National Recreational Trails Advisory Committee;
  (E) with respect to an amount not exceeding 5 percent of the amount of
  grant monies received by the State, operation of environmental protection
  and safety education programs relating to the use of recreational trails; and
  (F) with respect to an amount not exceeding 5 percent of the amount of
  grant monies received by the State, administration expenses of such State.
  (2) USE NOT PERMITTED- A State may not use grant monies received under
  this Act for condemnation of any kind of interest in property.
  (3) RETURN OF MONIES NOT EXPENDED- Grant monies paid to a State that are
  not expended within 2 years after receipt for the purposes stated in this
  subsection shall be returned to the Fund and shall thereafter be reallocated
  under the formula stated in subsection (c).
  (4) GUIDELINES FOR USE- To the extent possible, the Secretary shall ensure
  that grant monies received under this Act are employed for the use and
  benefit of safer, more enjoyable, and more environmentally sound motorized
  and non-motorized recreational trail use.
  (e) COORDINATION OF ACTIVITIES-
  (1) COOPERATION BY FEDERAL AGENCIES- Each agency of the United States
  Government that manages land on which a State proposes to construct or
  maintain a recreational trail pursuant to this Act shall cooperate with
  the State and the Secretary in planning and carrying out the activities
  described in subsection (d) on such land.
  (2) COOPERATION BY PRIVATE PERSONS- As a condition to making available
  grant monies for work on recreational trails that would affect privately
  owned land, the State shall obtain written assurances that the owner of
  the property will cooperate with the State and participate as necessary
  in the activities to be conducted.
  (f) FOR PURPOSES OF THIS SECTION-
  (1) ELIGIBLE STATE- The term `eligible state' means a State that meets
  the requirements stated in subsection (b).
  (2) FUND- The term `Fund' means the National Recreational Trails Fund
  established by section 9511 of the Internal Revenue Code of 1986.
  (3) OFF-HIGHWAY RECREATIONAL TRAIL MOTORS- The term `off-highway
  recreational trail motors' has the same meaning given such term by section
  9503(c)(5)(B)(ii) of the Internal Revenue Code of 1986.
  (4) SECRETARY- The term `Secretary' means the Secretary of the Interior.
SEC. 5. NATIONAL RECREATIONAL TRAILS ADVISORY COMMITTEE.
  (a) ESTABLISHMENT- There is established the National Recreational Trails
  Advisory Committee.
  (b) MEMBERS- There shall be 8 members of the advisory committee, appointed
  by the Secretary for nominations submitted by recreational trail user
  organizations, one each representing the following recreational trail uses:
  (1) Hiking.
  (2) Cross country skiing.
  (3) Trail biking.
  (4) Snowmobiling.
  (5) Horseback riding.
  (6) All terrain vehicle riding.
  (7) Mountain bicycling.
  (8) Four-wheel driving.
  (c) TERMS- Members of the advisory committee shall be appointed for terms
  of 2 years.
  (d) DUTIES- The advisory committee shall meet at least twice annually to--
  (1) review utilization of grant monies by states;
  (2) establish and review criteria for trailside facilities that qualify
  for funding under this Act; and
  (3) make recommendations to the Secretary for changes in federal policy
  to advance the purposes of this Act.
  (e) ANNUAL REPORT- The advisory committee shall present to the Secretary
  an annual report on its activities.
  (f) REIMBURSEMENT FOR EXPENSES- Members of the advisory committee shall serve
  without pay, but, to the extent funds are available pursuant to section
  4(c)(1)(C), shall be entitled to reimbursement for travel, subsistence,
  and other necessary expenses incurred in the performance of their duties.