[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2817 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2817

To establish the National Park Centennial Fund, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 3, 2008

Mr. Salazar (for himself, Ms. Collins, Mr. Baucus, Mr. Coleman, and Mr. 
    Tester) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the National Park Centennial Fund, 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 Fund Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Fund.--The term ``Fund'' means the National Park 
        Centennial Fund established by section 3.
            (2) National park system.--The term ``National Park 
        System'' has the meaning given the term ``national park 
        system'' in section 2(a) of the Act of August 8, 1953 (16 
        U.S.C. 1c).
            (3) Project; program.--The term ``project'' or ``program'' 
        means a National Park Centennial project or program, 
        respectively, funded under this Act.
            (4) Proposal.--The term ```proposal''' means a National 
        Park Centennial proposal submitted under section 4.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. NATIONAL PARK CENTENNIAL FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a revolving fund, to be known as the ``National Park 
Centennial Fund'', consisting of such amounts as are appropriated to 
the Fund under subsection (d).
    (b) Expenditures From Fund.--
            (1) In general.--Subject to paragraph (2), on request by 
        the Secretary, the Secretary of the Treasury shall transfer 
        from the Fund to the Secretary such amounts as the Secretary 
        determines are necessary to carry out this Act.
            (2) Administrative expenses.--An amount not exceeding 3 
        percent of the amounts in the Fund shall be available for each 
        fiscal year to pay the administrative expenses necessary to 
        carry out this Act.
    (c) Transfers of Amounts.--
            (1) In general.--The amounts required to be transferred to 
        the Fund under this section shall be transferred at least 
        monthly from the general fund of the Treasury to the Fund on 
        the basis of estimates made by the Secretary of the Treasury.
            (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior estimates 
        were in excess of or less than the amounts required to be 
        transferred.
    (d) Funding.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, on October 1, 2008, and on each October 
        1 thereafter through October 1, 2016, out of any funds in the 
        Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall transfer to the Fund to carry out this Act 
        $100,000,000, to remain available until expended.
            (2) Receipt and acceptance.--The Secretary, acting through 
        the Fund, shall be entitled to receive, shall accept, and shall 
        use to carry out this section the funds transferred under 
        paragraph (1), without further appropriation. 

SEC. 4. PROGRAM ALLOCATION.

    (a) National Park Centennial Proposals.--
            (1) In general.--Each fiscal year, the annual budget 
        submission of the President for the Department of the Interior 
        shall include a list of proposals which shall be known as 
        National Park Centennial proposals.
            (2) Input.--The Secretary shall establish a standard 
        process for developing the list that shall encourage input from 
        both the public and a broad cross-section of employees at each 
        level of the National Park Service.
            (3) Contents.--The list--
                    (A) shall include proposals that have an aggregate 
                cost to the Federal Government that is equal to the 
                unobligated amount in the Fund;
                    (B) shall include only proposals that are 
                consistent with National Park Service policies and 
                adopted park planning documents;
                    (C) may include proposals for any area within the 
                National Park System, clusters of areas within the 
                system, 1 or more regions of the system, or the system 
                as a whole;
                    (D) shall cumulatively represent a nationwide array 
                of proposals that is diverse geographically, in size, 
                scope, magnitude, theme, and variety under the 
                initiatives described in subsection (b);
                    (E) shall give priority to proposals that 
                demonstrate long-term viability after funding from the 
                Fund;
                    (F) shall include only proposals that meet the 
                requirements of 1 or more of the initiatives described 
                in subsection (b);
                    (G) shall contain projects under each of the 
                initiatives described in subsection (b);
                    (H) shall give a higher priority to proposals with 
                committed non-Federal support, but shall include 
                proposals that are funded entirely by the Fund; and
                    (I) may include acquisition of land and interest in 
                land that are consistent with the land acquisition 
                authority of the National Park Service and the 
                initiatives described in subsection (b).
    (b) National Park Centennial Initiatives.--
            (1) Education in parks centennial initiative.--Projects 
        shall include an ``Education in Parks Centennial Initiative'' 
        under which--
                    (A) priority shall be given to--
                            (i) projects that are designed to increase 
                        national park-based educational opportunities 
                        for elementary, secondary, and college 
                        students, particularly students from 
                        underserved and low-income areas;
                            (ii) projects that include strategies for 
                        encouraging young people to develop a lifelong 
                        interest in the national parks of the United 
                        States; and
                            (iii) projects that include science, 
                        history, civics, or mathematics components; and
                    (B) projects shall be developed in consultation 
                with the leadership of educational and youth 
                organizations that are expected to participate in the 
                projects.
            (2) Diversity in parks centennial initiative.--
                    (A) Study.--Not later than 1 year after the date of 
                enactment of this Act, the Secretary shall submit to 
                the Committee on Natural Resources of the House of 
                Representatives and the Committee on Energy and Natural 
                Resources of the Senate a report that provides a 
                service-wide strategy for increasing diversity among 
                National Park Service employees at all levels of and 
                visitors to the National Park System.
                    (B) Projects.--Projects shall include a ``Diversity 
                in Parks Centennial Initiative'' under which each 
                project shall be--
                            (i) based on recommendations made in the 
                        report required under subparagraph (A); and
                            (ii) designed to help ensure that National 
                        Park Service employees or visitors to the 
                        National Park System reflect the diversity of 
                        the population of the United States.
            (3) Supporting park professionals centennial initiative.--
        Projects shall include a ``Supporting Park Professionals 
        Centennial Initiative'' under which--
                    (A) the projects, considered in the aggregate, 
                shall provide specific opportunities for National Park 
                Service employees, at all levels, to participate in 
                professional career development;
                    (B) a project may include National Park Service-
                designed, internal professional development programs; 
                and
                    (C) a project may be designed to facilitate 
                participation in external professional development 
                programs or established courses of study by National 
                Park Service employees.
            (4) Environmental leadership centennial initiative.--
        Projects shall include an ``Environmental Leadership Centennial 
        Initiative'' under which--
                    (A) each project shall be designed--
                            (i) to reduce harmful emissions;
                            (ii) to conserve energy or water resources;
                            (iii) to reduce solid waste production 
                        within the National Park System; or
                            (iv) to meet any combination of the 
                        purposes described in clauses (i) through 
                        (iii);
                    (B) each project shall include strategies for 
                educating the public regarding environmental leadership 
                projects and the results of the projects; and
                    (C) priority shall be given to projects with the 
                potential to spread technological advances to other 
                Federal agencies or to the private sector.
            (5) Natural resource protection centennial initiative.--
        Projects shall include a ``Natural Resource Protection 
        Centennial Initiative'' under which--
                    (A) each project shall be designed to restore or 
                conserve native ecosystems within the National Park 
                System;
                    (B) priority shall be given to projects that are 
                designed to control invasive species; and
                    (C) each project shall be based on the best 
                available scientific information.
            (6) Cultural resource protection centennial initiative.--
        Projects shall include a ``Cultural Resource Protection 
        Centennial Initiative'' under which--
                    (A) the projects shall--
                            (i) increase the knowledge of the National 
                        Park Service of cultural resources located 
                        within the National Park System through means 
                        such as surveys, studies, mapping, and 
                        documentation of the resources; or
                            (ii) improve the condition of documented 
                        cultural resources within the National Park 
                        System;
                    (B) the projects shall incorporate the best 
                available scientific information; or
                    (C) if appropriate, the projects shall be developed 
                in consultation with Native American tribes, State 
                historic preservation offices, or other organizations 
                with cultural resource preservation expertise.
            (7) Visitor enjoyment and health centennial initiative.--
                    (A) In general.--Projects shall include a ``Visitor 
                Enjoyment and Health Centennial Initiative'' under 
                which projects shall be described in 1 or more of the 
                following 4 categories:
                            (i) Projects designed to repair, 
                        rehabilitate, or otherwise improve 
                        infrastructure, including trails, that 
                        facilitates healthy outdoor activity within the 
                        National Park System.
                            (ii) Projects designed to expand 
                        opportunities for access to the National Park 
                        System for visitors with disabilities.
                            (iii) Projects to develop and implement 
                        management plans (such as climbing plans and 
                        trail system plans) for activities designed to 
                        increase the health and fitness of visitors to 
                        the National Park System.
                            (iv) Projects to develop outreach programs 
                        and media that promote visitor enjoyment or 
                        provide public information regarding 
                        opportunities the National Park System provides 
                        to benefit the physical and mental health of 
                        visitors in a manner that is consistent with 
                        park resources and values.
                    (B) Miscellaneous requirements.--Each project for 
                the ``Visitor Enjoyment and Health Centennial 
                Initiative'' shall--
                            (i) be consistent with National Park 
                        Service policies and adopted park planning 
                        documents; and
                            (ii) be designed to provide for visitor 
                        enjoyment in such a way as to leave the 
                        National Park System unimpaired for future 
                        generations.
    (c) Funding.--
            (1) In general.--Subject to paragraph (2), for each of 
        fiscal years 2008 through 2017, unobligated amounts in the Fund 
        shall be available to carry out projects authorized by this 
        Act, without further appropriation.
            (2) Congressional review.--Amounts from the Fund may not be 
        obligated or expended to carry out a proposal or project 
        described in an annual submission of the list of proposals 
        required under this section before the date that is 120 days 
        after the date of the annual submission to Congress.
    (d) Limitation on Use of Funds.--
            (1) In general.--Subject to paragraph (2), not more than 30 
        percent of amounts available from the Fund for any fiscal year 
        may be expended on projects that are for the construction of 
        facilities that cost in excess of $5,000,000.
            (2) Waiver.--The Secretary may waive the application of 
        paragraph (1) to a project by submitting to Congress a notice 
        that the project to be funded is a high priority and cannot 
        otherwise be carried out.

SEC. 5. PARTNERSHIPS.

    (a) Donations.--The Secretary may--
            (1) actively encourage and facilitate participation in 
        proposals from non-Federal and philanthropic partners; and
            (2) accept funds for any project or program pursuant to the 
        second paragraph of the matter under the heading ``national 
        parks'' under the heading ``DEPARTMENT OF THE INTERIOR'' of the 
        first section of the Act of June 5, 1920 (16 U.S.C. 6), and 
        other provisions of law governing acceptance of donations.
    (b) Terms and Conditions.--
            (1) In general.--Except as provided in paragraph (2), to 
        the extent that private organizations or individuals 
        participate in or contribute to any project or program, the 
        terms and conditions of the participation or contribution, and 
        actions by employees of the National Park Service, shall be 
        governed by Directors Order No. 21 of the National Park Service 
        entitled ``Donations and Fundraising'', as in effect on the 
        date of the enactment of this Act.
            (2) Funding foundation.--National park concessionaires may 
        establish a foundation that assists in the funding of regional 
        and national projects and programs proposed under this Act.

SEC. 6. MAINTENANCE OF EFFORT.

    (a) In General.--Amounts made available from the Fund shall 
supplement (and not supplant) other Federal funding available to the 
National Park Service, including--
            (1) authorized expenditures from the Land and Water 
        Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.); and
            (2) the line item construction program of the National Park 
        Service.
    (b) Staff.--The Secretary, acting through the Director of the 
National Park Service--
            (1) shall maintain adequate, permanent staffing levels at 
        units of the National Park System at which projects or programs 
        are carried out; and
            (2) shall not replace permanent staff with nonpermanent 
        employees hired to carry out this Act or projects or programs 
        carried out with funds provided under this Act.

SEC. 7. REPORTS.

    For each of fiscal years 2008 through 2017, the Secretary shall 
submit to Congress a report that includes--
            (1) a detailed accounting of all expenditures from the Fund 
        divided by categories of proposals under section 4(b), 
        including a detailed accounting of any private contributions, 
        either in funds or in kind, to any project or program;
            (2) a cumulative summary of the results of the National 
        Park Centennial program, including recommendations for 
        revisions to the program; and
            (3) a statement of whether the National Park Service has 
        maintained adequate, permanent staffing levels and what 
        nonpermanent and permanent staff have been hired to carry out 
        this Act or projects or programs carried out with funds 
        provided under this Act.

SEC. 8. OFFSETS.

    (a) Excess Revenues From Offshore Oil and Gas Activities.--
            (1) In general.--Subject to paragraphs (2) and (3) and 
        notwithstanding any other provision of law, the following 
        amounts received by the Secretary of the Interior shall not be 
        subject to distribution under any other law and shall be 
        deposited into the Fund as follows:
                    (A) All bonuses and rents received from leases 
                sales for areas in the Gulf of Mexico held pursuant to 
                the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
                et seq.)--
                            (i) for fiscal year 2008 in excess of 
                        $2,154,000,000;
                            (ii) for fiscal year 2009 in excess of 
                        $919,000,000;
                            (iii) for fiscal year 2010 in excess of 
                        $625,000,000;
                            (iv) for fiscal year 2011 in excess of 
                        $532,000,000; and
                            (v) for fiscal year 2012 in excess of 
                        $474,000,000.
                    (B) All royalties received from leases for areas in 
                the Gulf of Mexico held pursuant to the Outer 
                Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), 
                other than leases for areas in the Gulf of Mexico that, 
                as of October 1, 2007, were eligible for royalty relief 
                and not subject to any limitation on that relief based 
                on market prices that are equal to or less than the 
                price thresholds described in clauses (v) through (vii) 
                of section 8(a)(3)(C) of that Act (43 U.S.C. 
                1337(a)(3)(C))--
                            (i) for fiscal year 2008 in excess of 
                        $7,040,270,000;
                            (ii) for fiscal year 2009 in excess of 
                        $9,058,330,000;
                            (iii) for fiscal year 2010 in excess of 
                        $8,386,780,000;
                            (iv) for fiscal year 2011 in excess of 
                        $9,085,130,000; and
                            (v) for fiscal year 2012 in excess of 
                        $8,909,990,000.
                    (C) All fees received from leases covered by 
                subparagraph (B)--
                            (i) for fiscal year 2008 in excess of 
                        $705,000,000;
                            (ii) for fiscal year 2009 in excess of 
                        $360,000,000;
                            (iii) for fiscal year 2010 in excess of 
                        $465,000,000;
                            (iv) for fiscal year 2011 in excess of 
                        $520,000,000;
                            (v) for fiscal year 2012 in excess of 
                        $570,000,000;
                            (vi) for fiscal year 2013 in excess of 
                        $620,000,000;
                            (vii) for fiscal year 2014 in excess of 
                        $835,000,000;
                            (viii) for fiscal year 2015 in excess of 
                        $790,000,000;
                            (ix) for fiscal year 2016 in excess of 
                        $720,000,000; and
                            (x) for fiscal year 2017 in excess of 
                        $725,000,000.
            (2) Administration.--
                    (A) In general.--The Secretary of the Treasury 
                shall terminate making deposits into the Fund under 
                paragraph (1) if the total amount deposited into the 
                Fund under this section and the amendment made by this 
                section equals $1,000,000,000.
                    (B) Availability.--There shall be available to the 
                Secretary to carry out this section from the Fund, 
                without further appropriation, $100,000,000 for each of 
                fiscal years 2008 through 2017.
                    (C) Carryover.--If there is not a sufficient amount 
                in the Fund for any fiscal year for $100,000,000 to be 
                made available to the Secretary to carry out this 
                section--
                            (i) all amounts in the Fund shall be made 
                        available to the Secretary for that fiscal year 
                        to carry out this section; and
                            (ii) the difference between the amount that 
                        is made available for the fiscal year and 
                        $100,000,000 shall be carried over and made 
                        available to the Secretary to carry out this 
                        section, if in the Fund, through fiscal year 
                        2017.
            (3) Relationship to other uses of funds.--This subsection 
        shall not affect the amount or distribution of funds from 
        bonuses, rents, royalties, and fees received from leases sales 
        held pursuant to the Outer Continental Shelf Lands Act (43 
        U.S.C. 1331 et seq.) under any other program or provision of 
        law in effect on the date of enactment of this Act.
    (b) National Park Centennial Fund Stamps.--Chapter 4 of title 39, 
United States Code, is amended by adding at the end the following:
``Sec. 417. Special postage stamps for National Park Centennial Fund
    ``(a) In order to afford the public a convenient way to contribute 
funding to the National Park Centennial Fund established by section 3 
of the National Park Centennial Fund Act (referred to in this section 
as the `Fund'), the Postal Service shall establish a special rate of 
postage for first-class mail under this section.
    ``(b)(1) The rate of postage established under this section--
            ``(A) shall be equal to the regular first-class rate of 
        postage, plus a differential of not less than 15 percent;
            ``(B) shall be set by the Governors in accordance with such 
        procedures as the Governors shall by regulation prescribe (in 
        lieu of the procedures under chapter 36); and
            ``(C) shall be offered as an alternative to the regular 
        first-class rate of postage.
    ``(2) The use of the special rate of postage established under this 
section shall be voluntary on the part of postal patrons.
    ``(3) The special rate of postage of an individual stamp under this 
section shall be an amount that is evenly divisible by 5.
    ``(c)(1) Subject to paragraphs (2) and (3), of the amounts becoming 
available for the Fund pursuant to this section, the Postal Service 
shall pay 100 percent to the Fund.
    ``(2) Payments under this paragraph to the Fund shall be made under 
such arrangements as the Postal Service shall by mutual agreement with 
the Secretary of the Interior establish in order to carry out the 
purposes of this section, except that, under those arrangements, 
payments to the Fund shall be made at least twice a year.
    ``(3) The amount paid to the Fund pursuant to this section shall 
equal--
            ``(A) the total amounts received by the Postal Service that 
        the Postal Service would not have received but for the 
        enactment of this section, reduced by
            ``(B) an amount sufficient to cover reasonable costs 
        incurred by the Postal Service in carrying out this section, 
        including those attributable to the printing, sale, and 
        distribution of stamps under this section, as determined by the 
        Postal Service under regulations that the Postal Service shall 
        prescribe.
    ``(d) It is the sense of the Congress that nothing in this section 
should--
            ``(1) directly or indirectly cause a net decrease in total 
        funds received by the Fund below the level that would otherwise 
        have been received but for the enactment of this section; or
            ``(2) affect regular first-class rates of postage or any 
        other regular rates of postage.
    ``(e) Special postage stamps under this section shall be made 
available to the public beginning on such date as the Postal Service 
shall by regulation prescribe, but in no event later than 12 months 
after the date of enactment of this section.
    ``(f) The Postmaster General shall include in each report provided 
under section 2402 with respect to any period during any portion of 
which this section is in effect information concerning the operation of 
this section, except that, at a minimum, each report shall include--
            ``(1) the total amount described in subsection (c)(3)(A) 
        which was received by the Postal Service during the period 
        covered by the report; and
            ``(2) of the amount under paragraph (1), how much (in the 
        aggregate and by category) was required for the purposes 
        described in subsection (c)(3)(B).
    ``(g) For purposes of section 416 (including any regulation 
prescribed under subsection (e)(1)(C) of that section), the special 
postage stamp issued under this section shall not apply to any 
limitation relating to whether more than 1 semipostal may be offered 
for sale at the same time.
    ``(h) This section shall cease to be effective after September 30, 
2017.''.
    (c) Administration.--
            (1) Amount.--The amounts received under this section and 
        the amendments made by this section shall, in the aggregate, 
        result in the receipt by the United States of a total of 
        $100,000,000 for each of fiscal years 2008 through 2017.
            (2) Offsetting receipts.--Amounts received by the United 
        States under this section and the amendments made by this 
        section shall be treated as offsetting receipts for the 
        purposes of this Act.
            (3) Deposit of amounts in general fund.--Amounts received 
        by the United States as fees under the amendment made by 
        subsection (b) shall be deposited in the general fund of the 
        Treasury.
    (d) Effective Date.--This section and the amendments made by this 
section take effect on October 1, 2008.
    (e) Termination of Effectiveness.--The authority provided by this 
section and the amendments made by this section terminates effective 
September 30, 2017.
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