[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5358 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5358

 To eliminate the annual operating deficit and maintenance backlog in 
              the national parks, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 9, 2004

   Mr. Souder (for himself, Mr. Baird, Mr. Ehlers, Mr. Grijalva, Mr. 
  Gordon, Mr. Case, Mr. Rodriguez, Mr. McInnis, Mr. Boehlert, Mr. Van 
 Hollen, Mrs. Capito, Mr. Hoeffel, Ms. McCollum, Mr. Snyder, Mr. Udall 
  of Colorado, Mr. Kildee, Mr. Markey, Ms. Ros-Lehtinen, Mr. Neal of 
Massachusetts, Ms. Bordallo, and Mr. Michaud) introduced the following 
bill; which was referred to the Committee on Resources, 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 eliminate the annual operating deficit and maintenance backlog in 
              the national parks, 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 ``National Park Centennial Act of 
2004''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds:
            (1) The National Park Service was established to conserve 
        the national parks, their scenery, natural and historic 
        objects, and wildlife for the enjoyment, in such manner and by 
        such means as will leave them unimpaired for the enjoyment of 
        future generations.
            (2) The central purpose of the establishment of our 
        national parks is being challenged by chronic funding 
        shortfalls, which have created annual shortfalls in operational 
        funding that exceed $600,000,000, and have amassed a 
        maintenance backlog estimated by the General Accounting Office 
        at between $4,080,000,000 and $6,800,000,000.
            (3) Without providing the Park Service the resources 
        necessary to operate and maintain our national parks, future 
        generations will receive diminished visitor services, will 
        experience a continually weakening system that is less and less 
        able to fulfill its mission, and will inherit a national park 
        system than has been left to them in worse condition that it 
        was left to their ancestors.
            (4) The annual appropriations process has proved incapable 
        of fully addressing the debilitating funding shortfalls of the 
        national parks, making it necessary to supplement what the 
        appropriations process is able to accomplish.
            (5) It is necessary to ensure that fiscal resources devoted 
        to the national parks are spent wisely and effectively, making 
        strong congressional oversight over annual appropriations 
        extremely important.
            (6) Congress can enhance the resources available for 
        national park operations and ensure adequate oversight over 
        Park Service spending by removing from the appropriations 
        process a series of funding responsibilities that are outside 
        the core operating budgets for the national parks.
    (b) Purpose.--The purpose of this Act is to eliminate the annual 
operating deficit and the maintenance backlog in the national parks by 
the centennial anniversary of the National Park System by enabling 
Congress to focus on overseeing and fully funding the core operations 
of the national parks in the annual appropriations process.

                        TITLE I--CENTENNIAL FUND

SEC. 101. CENTENNIAL FUND FOR PRESERVING AMERICA'S NATIONAL PARKS.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund which shall be known as the ``National Park 
Centennial Fund'', hereinafter in this Act referred to as the 
``Centennial Fund''. In each fiscal year beginning in fiscal year 2005, 
the Secretary of the Treasury shall deposit in the Centennial Fund 
amounts set forth in subsection (b) sufficient to fund the programs 
identified in titles II, III, and IV.
    (b) Appropriations.--There are hereby appropriated to the 
Centennial Fund in each fiscal year, the following amounts:
            (1) Amounts equivalent to the amounts designated in the 
        fiscal year concerned under section 6097 of the Internal 
        Revenue Code of 1986.
            (2) Any additional amounts necessary to make the total 
        amounts deposited to the Centennial Fund each fiscal year equal 
        to the total amount listed in section 103.

SEC. 102. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE BENEFIT 
              OF UNITS OF THE NATIONAL PARK SYSTEM.

    (a) In General.--Subchapter A of chapter 61 of the Internal Revenue 
Code of 1986 is amended by adding at the end the following new part:

   ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE 
              BENEFIT OF UNITS OF THE NATIONAL PARK SYSTEM

``Sec. 6097. Designation.

``SEC. 6097. DESIGNATION.

    ``(a) In General.--In the case of an individual, with respect to 
each taxpayer's return for the taxable year of the tax imposed by 
chapter 1, such taxpayer may designate that--
            ``(1) a specified portion (but not less than $1) of any 
        overpayment of tax for such taxable year, and
            ``(2) any cash contribution which the taxpayer includes 
        with such return, shall be used for the benefit of units of the 
        National Park System.
    ``(b) Manner and Time of Designation.--A designation under 
subsection (a) may be made with respect to any taxable year only at the 
time of filing the return of the tax imposed by chapter 1 for such 
taxable year. Such designation shall be made in such manner as the 
Secretary prescribes by regulations except that such designation shall 
be made either on the first page of the return or on the page bearing 
the taxpayer's signature.
    ``(c) Overpayments Treated as Refunded.--For purposes of this 
title, any portion of any overpayment of tax designated under 
subsection (a) shall be treated as being refunded to the taxpayer as of 
the last date prescribed for filing the return of tax imposed by 
chapter 1 (determined without regard to extensions) or, if later, the 
date the return is filed.''.
    (b) Clerical Amendment.--The table of parts for subchapter A of 
chapter 61 of such Code is amended by adding at the end thereof the 
following new item:

   ``Part IX. Designation of overpayments and contributions for the 
            benefit of units of the National Park System''.

    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2004.

SEC. 103. PROGRAM ALLOCATION.

    The following amounts shall be deposited in the Centennial Fund 
from amounts designated under section 102 (and from the General Fund of 
the Treasury to the extent the amounts so designated are less than the 
total amounts specified in this section for the fiscal year concerned). 
Such amounts shall, without further appropriation, be available to the 
Secretary of the Interior until expended:
            (1) Fiscal year 2005: $100,000,000.
            (2) Fiscal year 2006: $125,000,000.
            (3) Fiscal year 2007: $150,000,000.
            (4) Fiscal year 2008: $175,000,000.
            (5) Such sums as may be necessary through fiscal year 2016.

SEC. 104. DISTRIBUTION OF FUND.

    There are hereby created within the Centennial Fund 3 accounts, 
designated for the following purposes:
            (1) National Park Backlog Elimination Fund (60 percent).
            (2) Natural Resource Challenge Fund (20 percent).
            (3) Cultural Resource Challenge Fund (20 percent).

SEC. 105. PATRIOTS FOR PARKS PROMOTION.

    There are hereby authorized to be appropriated to the Secretary of 
the Interior such sums as necessary for a public awareness campaign 
about the existence of the National Park Centennial Fund created in 
section 101 and the ability of taxpayers to contribute to it through 
the tax checkoff created in section 6097 of the Internal Revenue Code 
of 1986.

      TITLE II--ELIMINATING THE NATIONAL PARK MAINTENANCE BACKLOG

SEC. 201. BACKLOG ELIMINATION.

    (a) In General.--Sixty percent of the funds deposited into the 
Centennial Fund shall be used to eliminate the backlog of unmet needs 
in the National Parks, as identified in the Facility Condition Index 
(hereinafter in this Act referred to as the ``FCI'') of the National 
Park Service.
    (b) Priorities.--(1) The Secretary of the Interior shall prepare, 
as part of the annual budget proposal, a priority list for projects to 
be funded under this section. Moneys shall be made available from the 
fund, without further appropriation, effective October 15 of each 
calendar year, for the projects identified on the priority list, unless 
prior to such date, legislation is enacted establishing a different 
priority list.
    (2) In preparing the list of projects to be funded under this 
section, the Secretary of the Interior shall give priority to projects 
that--
            (A) are identified in the park unit's general management 
        plan;
            (B) are listed in the FCI;
            (C) are identified by the Secretary of the Interior as 
        necessary to prevent immediate damage to the park unit's 
        natural, cultural, or historic resources, with priority given 
        to projects with the most significant benefit to conservation 
        of resources or visitor education; and
            (D) are identified as necessary to promote public health 
        and safety.
    (c) Overhead.--National Parks undertaking projects under this 
section may allocate up to 8 percent of the funds for such projects for 
oversight of such projects and other associated overhead 
responsibilities.

                 TITLE III--PROTECTING NATURAL WONDERS

SEC. 301. NATURAL RESOURCE CHALLENGE.

    (a) Natural Resource Protection.--Twenty percent of the funds 
deposited into the Centennial Fund shall be used to protect natural 
resources within the parks.
    (b) Project Description.--The Secretary of the Interior shall 
prepare, as part of the annual budget proposal, a description of 
projects to be funded under this section. Moneys shall be made 
available from the Centennial Fund, without further appropriation, 
effective October 15 of each calendar year for activities that include 
each of the following:
            (1) Natural resource inventories.
            (2) Monitoring efforts including air and water quality 
        monitoring.
            (3) Protection of native and endangered species and their 
        habitats.
            (4) Control of nonnative species.
            (5) Resource planning.
            (6) Increase collaboration with scientists.
            (7) Authorized environmental restoration projects.
            (8) Use of parks for learning.
            (9) Establishment of partnerships with nonpark entities for 
        the purpose of leveraging Federal funds allocated to natural 
        resource protection.

                TITLE IV--PROTECTING NATIONAL TREASURES

SEC. 401. CULTURAL RESOURCE CHALLENGE.

    (a) Cultural Resources.--Twenty percent of the funds deposited into 
the Centennial Fund shall be used to protect cultural resources within 
the national parks.
    (b) Project Description.--The Secretary of the Interior shall 
prepare, as part of the annual budget proposal, a description of 
projects to be funded under this section. Moneys shall be made 
available from the fund, without further appropriation, effective 
October 15 of each calendar year for activities that include each of 
the following:
            (1) Cultural or historic resources not listed on the FCI.
            (2) Documenting and preserving archaeological sites.
            (3) Preserving collections and archives.
            (4) Ethnographic activities.
            (5) Evaluating and protecting cultural landscapes.
            (6) Establishment of partnerships with non-park entities 
        for the purpose of leveraging Federal funds allocated to 
        cultural resource protection.

                TITLE V--MEETING ANNUAL OPERATING NEEDS

SEC. 501. PROGRESS ON ANNUAL APPROPRIATIONS.

    (a) GAO Report.--The General Accounting Office annually shall 
submit to the Committee on Appropriations, Committee on Government 
Reform, and Committee on Resources of the United States House of 
Representatives and to the Committee on Appropriations, Committee on 
Government Affairs, and Committee on Energy and Natural Resources of 
the United States Senate a report that describes each of the following:
            (1) The progress of Congress in eliminating the annual 
        operating fund deficit in the National Park System, defined as 
        in excess of $600,000,000 based on a fiscal year 2002 estimate 
        of then-complete national park business plans, and projection 
        of when such deficit will be eliminated, based on funding 
        levels and trends.
            (2) A comparison of business plan estimates of national 
        park needs versus actual funds appropriated to such parks.
            (3) Any differences in the Park Service's business plan 
        methodology for the estimate in paragraph (2) of this 
        subsection compared to that used in fiscal year 2003.
            (4) Management improvement measures undertaken by 
        individual park units and by the National Park Service as a 
        whole, including actual realized savings and actual impact on 
        visitor services and resource protection.
            (5) Adjustments in, and the total number of, full-time 
        equivalent and actual positions dedicated to resource 
        protection, visitor services, interpretation, and other 
        employment categories.
            (6) Any adjustments made in service to the public, 
        including but not limited to adjustments to visitor center 
        hours and the number or quality of ranger-led tours.
            (7) Any changes in the Park Service's level of effort due 
        to partnership or other leveraged activities.
            (8) Any new requirements and assessments placed on the 
        parks for unbudgeted expenses, including, but not limited to, 
        homeland security, natural disasters, and employee cost-of-
        living adjustments.
            (9) An assessment of the accuracy and completeness of the 
        Facility Condition Index described in Title I of this Act, 
        including adjustments made to such Index on an annual basis.
    (b) Business Plan Implementation Pilot (Demonstration) Program.--In 
consultation with the Director of the National Park Service, at least 
60 percent of the amounts provided under Titles II, III, and IV shall 
be distributed to national parks that have completed comprehensive 
business plans under the Business Plan Initiative of the National Park 
Service.
    (c) Education and the National Parks.--The Secretary of Education 
is hereby authorized to provide grants to elementary and secondary 
schools to enter into cooperative agreements with the National Park 
Service for the purpose of distance learning and onsite education 
programs for the following purposes:
            (1) Connecting students to the history of our Nation 
        through the national parks.
            (2) Using the parks to facilitate scientific instruction.
    (d) Intent of Congress to Supplement Annual Appropriations for 
National Park Service.--Amounts made available by this Act are intended 
by the Congress to supplement, and not detract from, annual 
appropriations for the National Park Service.
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