S. Rept. 115-423 - RESTORE OUR PARKS ACT115th Congress (2017-2018)
Committee Report
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Calendar No. 713
115th Congress } { Report
SENATE
2d Session } { 115-423
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RESTORE OUR PARKS ACT
_______
December 6, 2018.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 3172]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (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, having considered the same, reports favorably thereon
with an amendment in the nature of a substitute and recommends
that the bill, as amended, do pass.
CONTENTS
Page
Amendment........................................................ 1
Purpose of the Measure........................................... 4
Background and Need.............................................. 4
Legislative History.............................................. 5
Committee Recommendation and Tabulation of Votes................. 6
Committee Amendment.............................................. 6
Section-by-Section Analysis...................................... 7
Cost and Budgetary Considerations................................ 9
Regulatory Impact Evaluation..................................... 13
Congressionally Directed Spending................................ 13
Executive Communications......................................... 13
Changes in Existing Law.......................................... 15
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
``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:
``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).
Purpose
The purpose of S. 3172 is 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 (NPS).
Background and Need
On August 25, 1916, President Woodrow Wilson signed into
law legislation commonly known as the Organic Act (Public Law
64-235, 39 Stat. 535; 54 U.S.C. 100101, 100301) establishing
the NPS. The NPS administers the National Park System with an
overarching purpose established in the Organic Act: ``to
conserve the scenery and the natural and historic objects and
the wild life therein and to provide for the enjoyment of the
same in such manner and by such means as will leave them
unimpaired for the enjoyment of future generations.'' Since the
establishment of the NPS, the National Park System has expanded
from 35 national parks and monuments to 417 units encompassing
more than 84 million acres in every State, the District of
Columbia, American Samoa, Guam, Puerto Rico, and the U.S.
Virgin Islands.
The National Park System is comprised of 28 different types
of units or designations, including national parks, preserves,
monuments, battlefields, military parks, historical parks,
historic sites, lakeshores, seashores, recreation areas,
parkways, reserves, and scenic rivers and trails. The NPS also
administers other programs that assist State, local, and tribal
governments and private organizations and help protect the
nation's history, culture, recreational opportunities, and
natural sites, including the National Register of Historic
Places, National Heritage Areas, National Wild and Scenic
Rivers, National Historic Landmarks, National Trails, and the
Rivers, Trails, and Conservation Assistance Program.
Annual visitation to units of the National Park System has
risen from approximately 273 million visitors in 2006 to nearly
331 million visitors in 2017, an increase of almost 58 million
visitors. At the same time, park staffing levels have decreased
slightly over the same period. The NPS has noted that increased
attendance at parks over the years leading up to the Centennial
celebrations put additional strain on park infrastructure.
Meeting its mission of ``preserv[ing] unimpaired the natural
and cultural resources and values of the National Park System
for the enjoyment, education, and inspiration of this and
future generations'' has become increasingly challenging for
the agency given these constraints.
The NPS defines deferred maintenance (DM) as maintenance
that was not done as scheduled or as needed. The ``list'' or
estimate of items to be completed in the DM category are
generally referred to as the ``maintenance backlog.'' As of
September 30, 2017, this amount was estimated at $11.6 billion
for all park units nationwide. Although all federal land
management agencies have some DM, the NPS has the largest
backlog.
With a total estimated DM backlog of $11.6 billion, the NPS
generally categorizes these needs into transportation (paved
roads and structures) and non-transportation needs. Currently,
the backlog is nearly evenly split between these two
categories, with $5.9 billion in the transportation-related
category, which includes items like bridges, tunnels, paved
parking areas, and paved roads and roadways. The other portion,
or all other facilities, includes items like buildings,
housing, campgrounds, waste water systems, water systems,
monuments, towers, and interpretive media.
Unmet DM may damage park resources, compromise visitors'
experiences in the parks, and jeopardize safety. For these
reasons, NPS DM has been a topic of concern for Congress and
for nonfederal stakeholders. The congressionally-chartered
National Park Foundation and local cooperating associations and
friends groups also provide significant financial support to
park units across the system. In addition to raising funds from
philanthropic organizations, the NPS also uses hundreds of
thousands of volunteers, whom have collectively volunteered
millions of hours of service each year. These volunteers, just
like friends groups, often work on DM needs. Finally, the NPS
uses public-private partnerships and historic leasing
authorities as a means to address the DM in some park units.
Annual appropriations have historically lagged below the
annual DM amount reported to Congress. In recent years,
Congress has undertaken a number of efforts to increase non-
appropriated funding to address the NPS DM issue. These include
the National Park Service Centennial Act (Public Law 114-289),
which created a Centennial Challenge Fund and Second Century
Endowment; Public Law 113-40 that provided mandatory funding
from federal Helium sales for DM over two years; Public Law
113-235 that increased the authorization of appropriations
ceiling for the Volunteers in Parks program, and Public Law
113-291, which provided a new means of enhancing private
funding through donor recognition and the issuance of a
commemorative coin to recognize the NPS Centennial.
Despite all of these efforts, the NPS DM backlog has
continued to grow over time. As such, this issue has garnered
significant interest from both the Administration and Members
of Congress. The President's FY 2019 Budget includes a proposal
for a Public Lands Infrastructure Fund to fund deferred
maintenance needs in the National Park System, along with
National Wildlife Refuges and Bureau of Indian Education
Schools.
Legislative History
S. 3172 was introduced by Senators Portman, Warner,
Alexander, and King on June 28, 2018. The National Parks
Subcommittee held a hearing on S. 3172 on July 11, 2018.
During the 114th Congress, the Committee reported S. 2012,
the Energy Policy Modernization Act of 2016 (S. Rept. 114-138).
Section 5001 of that bill established a National Park Service
Maintenance and Revitalization Conservation Fund and credited
it with $150 million annually from revenues from Outer
Continental Shelf oil and gas development. S. 2012 passed the
Senate on a vote of 85-12 on April 20, 2016.
Identical language has been included in the 115th Congress
in S. 1460, the Energy and Natural Resources Act of 2017,
sponsored by Senators Murkowski and Cantwell. S. 1460 was
placed on the Senate Calendar under Rule 14 on June 29, 2017
(Cal. 162).
Also during the 115th Congress, a number of bills were
filed in both the Senate and the House of Representatives that
would work to reduce the maintenance backlog of the NPS. S.
3172, which was filed on June 28, 2018, by Senators Portman,
Warner, Alexander, and King, includes language and concepts
from several of these bills.
At its business meeting on October 2, 2018, the Committee
on Energy and Natural Resources, on a recorded vote, ordered S.
3172 favorably reported as amended.
Committee Recommendation and Tabulation of Votes
The Senate Committee on Energy and Natural Resources, in
open business session on October 2, 2018, by a majority vote of
a quorum present, recommends that the Senate pass S. 3172, if
amended as described herein.
The roll call vote on reporting the measure was 19 yeas, 4
nays, as follows:
YEAS NAYS
Ms. Murkowski Mr. Barrasso
Mr. Flake* Mr. Risch*
Mr. Daines Mr. Lee
Mr. Gardner Mr. Cassidy*
Mr. Alexander
Mr. Hoeven*
Mr. Portman
Ms. Capito
Ms. Cantwell
Mr. Wyden*
Mr. Sanders*
Ms. Stabenow*
Mr. Manchin
Mr. Heinrich
Ms. Hirono
Mr. King
Ms. Duckworth*
Ms. Cortez Masto
Ms. Smith
*Indicates vote by proxy.
Committee Amendment
During its consideration of S. 3172, the Committee adopted
an amendment in the nature of the substitute offered by Senator
Portman, which makes several changes to the legislation. These
changes include adding a definitions section (subsection a);
clarifying the language in the ``deposits'' section to better
define the revenues to be deposited in the Fund; change from
``high-priority'' to ``priority'' deferred maintenance needs in
the ``Use of Funds'' section, as well as an additional
descriptor of repair, restoration, or rehabilitation projects
in this section; the creation of a floor of not less than 65
percent of the amount of the amounts in the Funds to be
allocated for non-transportation projects; rather than a strict
65/35 split on transportation/non-transportation projects, the
new language allows the Secretary, at their discretion, to use
remaining funds, beyond the floor of 65 percent, on
transportation related projects, should they so choose; the
addition of the prohibition of bonuses for employees of the
Federal Government to the Prohibited Use of Funds section;
striking the original project approval language to avoid
constitutional concerns and replacing it with a new
``Submission to Congress'' section.
The Committee further adopted second degree amendments
during the hearing that impose additional reporting
requirements on the Secretary. These amendments include a
requirement to submit to relevant Congressional committees, as
soon as practicable upon enactment, a list of each project that
is identified by the Secretary as highest--priority deferred
maintenance, and as of the date of the report, is ready to
begin work, and for any project that may experience delays, a
schedule for completion including a timeframe for necessary
compliance work. An additional second degree amendment was
adopted that requires the Secretary to submit to relevant
Congressional committees, as part of the annual budget, 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 a list of projects for which the amounts in the Fund
are allocated, including a description and a cost-benefit
analysis of each project. The Committee further adopted a
second degree amendment which requires that, not later than one
year after the date on which the first distributions are made
from the Fund and annually thereafter, the Secretary submit to
the appropriate Congressional committees a report describing
the amounts provided from the National Park Service Legacy
Restoration Fund (Fund) for each project for the period
covered, as well as any progress made on the project, including
a comparison of the progress with respect to other highest-
priority deferred maintenance projects of the Service, and the
projected cyclic maintenance needs of the project upon
completion. Finally, the Committee adopted a second degree
amendment that requires the Comptroller General of the United
States, not later than two years after enactment, to conduct a
study with respect to implementation of the Fund, including
whether the Director of the Park Service is, with respect to
projects carried out using amounts from the Fund, properly
estimating the cost for projects, adhering to time schedules
and cost projections, properly prioritizing deferred
maintenance projects, and properly moving completed projects
off of the high-priority deferred maintenance list of the NPS
in a timely manner.
Section-by-Section Analysis
Section 1. Short title
Section 1 contains the short title.
Sec. 2. National Park Service Legacy Restoration Fund
Subsection (a) amends chapter 1049 of title 54, United
States Code, by adding a new section at the end. This new
section 104908 would establish the National Park Service Legacy
Restoration Fund as follows:
New subsection (a) contains key definitions.
New subsection (b) establishes in the Treasury of the
United States a fund, to be known as the ``National Park
Service Legacy Restoration Fund'' (Fund).
New subsection (c) provides that for each of fiscal years
2019 through 2023, an amount would be deposited into the Fund
equal to 50 percent of all federal energy development revenues
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. The amount deposited into the Fund shall not
exceed $1,300,000,000 for any fiscal year. Nothing credited to
the Fund shall affect the disposition of revenues that have
otherwise been appropriated under Federal law, including
special funds, trust funds, or States from mineral and energy
development on Federal land and water; or have been otherwise
appropriated under Federal law, including the Gulf of Mexico
Energy Security Act of 2006, the Mineral Leasing Act, and the
Land and Water Conservation Fund.
New subsection (d) provides that amounts deposited in the
Fund shall be available to the Secretary of the Interior
(Secretary) without further appropriation or fiscal year
limitation.
New subsection (e) allows the Secretary to 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. Any investment requested by the
Secretary shall be made by the Secretary of the Treasury in a
public debt security with a maturity date suitable to the needs
of the fund, as determined by the Secretary; and 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. The income on investments of the Fund shall be
credited to, and become part of, the Fund.
New subsection (f) provides that amounts in the Fund shall
be used for the high priority deferred maintenance needs of the
NPS, as determined by the Secretary, to carry out repair,
restoration, or rehabilitation projects. Not less than 65
percent of amounts in the Fund shall be allocated for non-
transportation projects, including historic structures,
facilities, and other assets; access, including making
facilities accessible to visitors with disabilities; health and
safety; recreation; and administrative facilities, water and
utility systems; and employee housing. 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 NPS through the transportation
program under section 203 of title 23; or any similar Federal
land highway program administered by the Secretary of
Transportation.
New subsection (g) prohibits amounts in the Fund from being
used for land acquisition; to supplant discretionary funding
made available for the annually recurring facility operations,
maintenance, and construction needs of the NPS; or for bonuses
of employees of the Federal government that are carrying out
this Fund.
New subsection (h) requires, as soon as practicable upon
enactment, the Secretary submit to the appropriate committees
of Congress a list of each project that, as of the date of
enactment of this section, is identified by the Secretary as a
highest-priority deferred maintenance project of the NPS; and
as of the date of the report, is ready to be commenced
immediately. For any project that is not ready for immediate
commencement, the Secretary shall submit 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 begin
immediately.
New subsection (i) requires the Secretary to submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives,
as a part of the annual budget submission of the President, 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 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.
New subsection (j) authorizes the Secretary and the
Director of the NPS to accept public cash or in-kind donations
that advance public efforts to reduce the deferred maintenance
backlog of the NPS and encourage relevant public-private
partnerships. Any cash donations accepted under this authority
shall be credited to, and become a part of, the Fund. Each
donation received under this authority that is used for, or
directly related to, the reduction of the deferred maintenance
backlog of the National Park Service shall be included with the
annual budget submission of the President to Congress.
New subsection (k) requires the Secretary, not later than
one year after the date on which the first distributions are
made from the Fund and annually thereafter, to submit to the
appropriate Congressional committees a report that describes,
with respect to each project provided amounts from the Fund in
the period covered by the report, any progress with respect to
the project, including a comparison of the progress with
respect to other highest-priority deferred maintenance projects
of the National Park Service; the expenditure of amounts from
the Fund with respect to the project; and the projected cyclic
maintenance needs of the project upon completion.
Subsection (b) amends the table of sections for chapter
1049 of title 54, United States Code, by adding ``104908.
National Park Service Legacy Restoration Fund.'' at the end.
Sec. 3. GAO Study
Section 3 authorizes the Comptroller General of the United
States, not later than two years after the date of enactment of
the Act, to conduct a study with respect to the implementation
of the Fund, including whether the Director of the NPS is, with
respect to projects carried out using amounts from the Fund,
properly estimating the cost for those projects; adhering to
time schedules and cost projections for those projects; and
properly moving completed projects off of the high-priority
deferred maintenance list of the National Park Service in a
timely manner. The Comptroller General shall submit a report to
Congress that describes the results of this study in a timely
manner.
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
Summary: S. 3172 would require that proceeds from certain
leases involving energy resources on public lands be deposited
into a new fund in the Treasury. Under the bill, the National
Park Service (NPS) could spend amounts in the fund without
further appropriation, including interest credited to unspent
balances, on deferred maintenance and infrastructure projects.
The NPS also could accept and spend any cash or in-kind
donations received from the public for such projects. CBO
estimates that enacting S. 3172 would increase net direct
spending by $6.4 billion over the 2019-2028 period.
The bill also would require the Government Accountability
Office to report on the NPS's use of the fund. CBO estimates
implementing that provision would cost less than $500,000; such
spending would be subject to the availability of appropriated
funds.
Because enacting the bill would affect direct spending,
pay-as-you-go procedures apply. The bill would not affect
revenues.
CBO also estimates that enacting S. 3172 would not increase
net direct spending or on-budget deficits by more than $5
billion in any of the four consecutive 10-year periods
beginning in 2029.
S. 3172 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 3172 is shown in the following table.
The costs of the legislation fall within budget function 300
(natural resources and the environment).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------------------------------------------
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2019-2023 2019-2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES IN DIRECT SPENDING
Estimated Budget Authority......................... 1,300 1,333 1,373 1,409 1,422 122 92 66 39 19 6,837 7,175
Estimated Outlays.................................. 0 26 92 289 622 963 1,221 1,248 1,112 794 1,029 6,397
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S. 3172 would require the Government Accountability Office to conduct a study. CBO estimates implementing that provision would cost less than $500,000;
such spending would be subject to the availability of appropriated funds.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the start of 2019.
CBO estimates that enacting S. 3172 would make $7.2 billion
in new budget authority available to the NPS for deferred
maintenance and infrastructure projects; resulting outlays
would total $6.4 billion over the 2019-2028 period. Those funds
would be available to the NPS without further appropriation.
Energy leases
S. 3172 would establish the National Park Service Legacy
Restoration Fund in the Treasury and would deposit 50 percent
of the proceeds received from federal offshore and onshore
energy leases over the 2019-2023 period into that fund, subject
to an annual limit of $1.3 billion. Amounts in the fund would
be available to the NPS for infrastructure projects, subject to
various conditions, including a requirement that amounts
available under current law for revenue sharing with states and
other purposes not be affected.
CBO estimates that future proceeds from energy leases would
be sufficient to allow $1.3 billion to be deposited into the
fund each fiscal year from 2019 through 2023. In CBO's April
2018 baseline, CBO projects that gross offsetting receipts from
offshore and onshore leases will total about $40 billion over
that five-year period. CBO estimates that approximately 55
percent of the gross receipts collected in 2018 will be
distributed to states or allocated for other purposes under
current law. Although that percentage could change, CBO
anticipates that there will be more than the bill's limit of
$1.3 billion available, so that the maximum amount would be
deposited each year.\1\
---------------------------------------------------------------------------
\1\The amounts deposited into the fund could be affected by factors
(such as the mix of leases for offshore and onshore activities, which
are distributed differently under current law) or by policy changes
(for example, the authority to transfer certain proceeds from energy
leases to the Land and Water Conservation Fund expired at the end of
fiscal year 2018.
---------------------------------------------------------------------------
Intragovernmental interest
S. 3172 would authorize the NPS to spend any interest
credited to unspent balances in the fund. Under the bill, the
Department of the Treasury would be authorized to pay interest
on any balances that are not needed for current expenditures.
Based on the projected spending patterns for the activities
authorized by the bill (discussed below) and the economic
assumptions underlying CBO's baseline projections, CBO
estimates that implementing this provision would increase the
amounts added to the fund by $675 million over the 2019-2028
period.
Spendout of funds
CBO expects that under S. 3172, amounts would be deposited
into the fund at the end of a fiscal year and effectively would
not be spent until the following year. Accordingly, CBO
estimates that there would be no spending in 2019.
Using information from the NPS, CBO expects that initially
the agency would hire additional staff for project management,
planning, and design work. The bill would require that not less
than 65 percent of amounts in the fund to be allocated toward
nontransportation projects; however, CBO anticipates that
projects funded would include a mix of transportation, water
and utility, and restoration and reconstruction projects.\2\
According to the NPS, the time from start to completion has
ranged from 30 months (for smaller-scale projects) to five
years (for transportation projects). Using information from the
agency and based on historical spending patterns for similar
activities, CBO estimates that spending from the fund would be
comparatively slow in the early years and would peak over the
2024-2027 period as larger-scale projects were completed. Most
projects would be completed by 2028, however we expect that the
NPS would continue to spend any remaining balances in the fund
after 2028.
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\2\The costs of individual projects depend on type and scale. For
example, the NPS estimated the cost of deferred maintenance along the
George Washington Memorial Parkway near Washington, D.C., at about $475
million in 2015. (See Government Accountability Office, National Park
Service: Process Exists for Prioritizing Asset Maintenance Decisions,
but Evaluation Could Improve Efforts, GAO-17-136, December 2016,
www.gao.gov/products/GAO-17-136.) The estimated cost to rehabilitate a
campground at Yosemite National Park is $1 million. More information
about the NPS's projects is included in Department of the Interior,
Budget Justifications and Performance Information: Fiscal Year 2019,
National Park Service (February 2018), www.doi.gov/bpp/budget-
justifications.
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Donations
S. 3172 would authorize the NPS to accept cash and in-kind
donations; such collections are treated as reductions in direct
spending. The donations would become part of the special fund
and would be available to spend without further appropriation.
CBO expects that donations would be offset by expenditures and
that the net effect on direct spending would be negligible.
Uncertainty: CBO aims to produce cost estimates that
generally reflect the middle of a range of the most likely
budgetary outcomes that would result if the legislation was
enacted. Spending could be higher or lower for several reasons:
Prices or quantities of energy resources produced
on federal lands could be significantly lower in the future
than what CBO estimated in its baseline projections; in that
case less money would be available for the infrastructure
projects authorized by the bill. (If prices or quantities
produced were significantly higher, no more money would be
available for infrastructure projects because the amount that
can be deposited into the fund is capped at $1.3 billion each
year through 2023.)
The number, type, and scale of projects pursued by
the NPS could be different than CBO estimated, so spending from
the fund each year could be different.
Finally, the amount of interest that would be
credited to the fund could be different if the amount of
deposits and spending as discussed in the first two points were
different and if interest rates differ from the projections in
CBO's baseline.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 3172, THE RESTORE OUR PARKS ACT, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON ENERGY AND NATURAL
RESOURCES ON OCTOBER 2, 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------------------------------------
2019- 2019-
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2023 2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE IN THE DEFICIT
Statutory Pay-As-You-Go Impact............................... 0 26 92 289 622 963 1,221 1,248 1,112 794 1,029 6,397
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 3172 would not increase net direct
spending or on-budget deficits by more than $5 billion in any
of the four consecutive 10-year periods beginning in 2029.
Mandates: S. 3172 contains no intergovernmental or private-
sector mandates as defined in UMRA.
Previous CBO Estimate: On October 12, 2018, CBO transmitted
a cost estimate for H.R. 6510, the Restore Our Parks and Public
Lands Act, as ordered reported by the House Committee on
Natural Resources on September 13, 2018. CBO estimates that
enacting H.R. 6510 would increase direct spending by $6.5
billion over the 2019-2028 period. The bills contain similar
provisions; however, under H.R. 6510, amounts in the fund would
be available for spending by other agencies within the
Department of the Interior in addition to the NPS. Because
CBO's estimated rate of spending is different for the other
agencies, CBO's estimates of direct spending over the 2019-2028
period differ.
Estimate prepared by: Federal Costs: Janani Shankaran
(National Park Service), Kathleen Gramp (energy receipts);
Mandates: Zachary Byrum.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis; Theresa Gullo,
Assistant Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 3172. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 3172, as ordered reported.
Congressionally Directed Spending
S. 3172, as ordered reported, does not contain
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Department of the Interior at
the July 11, 2018, hearing on S. 3172 follows:
Statement of Lena McDowall, Deputy Director, Management and
Administration, National Park Service, U.S. Department of the Interior
Chairman Daines, Ranking Member King, and members of the
Subcommittee, thank you for the opportunity to present the
Department of the Interior's views on S. 3172, the Restore Our
Parks Act.
The Department supports S. 3172, which builds upon the
collective efforts of Senators Portman, Warner, Alexander, and
King. We appreciate that this bill combines the elements of
both S. 751, the National Park Service Legacy Act, and S. 2509,
the National Park Restoration Act, to accomplish the goal of
providing mandatory funding to address the National Park
Service's (NPS) deferred maintenance backlog and closely aligns
with the Administration's Fiscal Year 2019 budget proposal to
establish a dedicated fund.
S. 3172 would establish a separate account within the
United States Treasury called the National Park Service Legacy
Restoration Fund. This funding will help substantially reduce
the NPS $11.6 billion deferred maintenance backlog. Deposits to
the Fund are authorized up to $1.3 billion per year for five
years through Fiscal Year 2023, and could total $6.5 billion if
full funding is achieved each year. The bill requires 65% of
funds to be used for buildings, utilities, and visitor
facilities and 35% to be used for transportation projects.
Along with the annual funding NPS receives from the Federal
Highway Administration, this would provide greater
transportation/non-transportation parity in funding, to
approximately 50-50. Funds would come from all sources of
federal energy development revenues, including both renewable
and conventional sources (oil, gas, and coal), and not from
taxpayer dollars. This aligns with the Administration's ``all-
of-the-above'' energy strategy.
The National Park Service Legacy Restoration Fund would not
change or modify established revenue sharing payments to the
States under the Mineral Leasing Act (MLA), the Gulf of Mexico
Energy Security Act (GOMESA), or other statutes, nor would it
affect deposits to other established funds, such as the
Reclamation Fund, the Land and Water Conservation Fund (LWCF),
or other dedicated uses of onshore and offshore revenues. These
existing uses would receive all of their dedicated funding
before the Fund receives anything. After all existing
obligations are met, fifty percent of the revenue that would
otherwise be deposited as miscellaneous receipts will be
deposited into the Fund to address the NPS maintenance backlog.
The Fund also allows for public donations in the form of
cash or in-kind donations. This allows the NPS to expand and
encourage relevant public-private partnerships that work
towards the reduction of the deferred maintenance backlog.
The Fund would be available for use, without further
appropriation or fiscal year limitations, for the high-priority
deferred maintenance needs that support critical infrastructure
and visitor services, as determined by the Secretary of the
Interior and the Director of the NPS. Funding could not be used
for the acquisition of land. The bill also requires annual
updates and reporting to Congress on the projects funded each
year.
Currently, appropriated funds are the primary source of
funding for deferred maintenance. However, as Secretary Zinke
indicated earlier this year before the Senate Energy and
Natural Resources Committee, we cannot rely solely on
appropriated dollars to address this problem. Without a
dedicated funding source, the deferred maintenance backlog will
continue to grow. The backlog of projects at our national parks
impacts park visitors' access, recreational opportunities, and
experiences. The network of roads, trails, restrooms, water
treatment systems, drinking water, and visitor centers are
aging and are exceeding a capacity they were often never
designed to hold and support.
We greatly appreciate the effort of this Committee,
Chairman Daines, Ranking Member King, Senators Alexander,
Warner, and Portman and all your colleagues in Congress who
have sought to craft real solutions to our maintenance backlog
and we look forward to working together with you as the bill is
refined through the legislative process. The legislation we are
discussing today reflects a bipartisan approach that the
Administration believes is necessary to achieve our goals.
Mr. Chairman, this concludes my statement. I would be
pleased to answer any questions you or other members of the
Subcommittee may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the original bill, as reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 54--NATIONAL PARK SERVICE AND RELATED PROGRAMS
Subtitle I--National Park Service
DIVISION A--ESTABLISHMENT AND GENERAL ADMINISTRATION
* * * * * * *
CHAPTER 1049--MISCELLANEOUS
Sec.
104901. Central warehouses at System units.
104902. Services or other accommodations for public.
104903. Care, removal, and burial of indigents.
104904. Hire of work animals, vehicles, and equipment with or without
personal services.
104905. Preparation of mats for reproduction of photographs.
104906. Protection of right of individuals to bear arms.
104907. Limitation on extension or establishment of national parks in
Wyoming.
104908. National Park Service Legacy Restoration Fund.
* * * * * * *
``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.''.
* * * * * * *
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