[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3172 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 713
115th CONGRESS
  2d Session
                                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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2018

  Mr. Portman (for himself, Mr. Warner, Mr. Alexander, Mr. King, Mr. 
Daines, Mr. Heinrich, Mrs. Capito, Mr. Gardner, Mr. Manchin, Mr. Blunt, 
   Ms. Collins, Mr. Tillis, Mr. Brown, Mr. Sullivan, Mr. Rounds, Mr. 
 Heller, Ms. Klobuchar, Mr. Bennet, Mr. Graham, Mr. Wyden, Mr. Hoeven, 
  Mrs. Feinstein, Mr. Coons, Ms. Harris, Mr. Peters, Mr. Boozman, Mr. 
Booker, Ms. Duckworth, Mr. Casey, Ms. Baldwin, Mr. Cotton, Mr. Kyl, Mr. 
  Kaine, Ms. Cortez Masto, and Mr. Merkley) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                            December 4, 2018

              Reported by Ms. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Restore Our Parks 
Act''.</DELETED>

<DELETED>SEC. 2. NATIONAL PARK SERVICE LEGACY RESTORATION 
              FUND.</DELETED>

<DELETED>    (a) In General.--Chapter 1049 of title 54, United States 
Code, is amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 104908. NATIONAL PARK SERVICE LEGACY RESTORATION 
              FUND.</DELETED>

<DELETED>    ``(a) In General.--There is established in the Treasury of 
the United States a fund, to be known as the `National Park Service 
Legacy Restoration Fund' (referred to in this section as the 
`Fund').</DELETED>
<DELETED>    ``(b) Deposits.--</DELETED>
        <DELETED>    ``(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 are not otherwise 
        credited, covered, or deposited under Federal law.</DELETED>
        <DELETED>    ``(2) Maximum amount.--The amount deposited in the 
        Fund under paragraph (1) shall not exceed $1,300,000,000 for 
        any fiscal year.</DELETED>
        <DELETED>    ``(3) Effect on other revenues.--Nothing in this 
        section affects the disposition of revenues that--</DELETED>
                <DELETED>    ``(A) are due to the United States, 
                special funds, trust funds, or States from mineral and 
                energy development on Federal land and water; 
                or</DELETED>
                <DELETED>    ``(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 of title 54, United States 
                Code.</DELETED>
<DELETED>    ``(c) Availability of Funds.--Amounts deposited in the 
Fund shall be available to the Service without further appropriation or 
fiscal year limitation.</DELETED>
<DELETED>    ``(d) Investment of Amounts.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Requirement.--An investment requested under 
        paragraph (1) shall be made by the Secretary of the Treasury in 
        a public debt security--</DELETED>
                <DELETED>    ``(A) with a maturity suitable to the 
                needs of the Fund, as determined by the Secretary; 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Use of Funds.--Amounts in the Fund shall be used for 
the high-priority deferred maintenance needs of the Service, as 
determined by the Director, as follows:</DELETED>
        <DELETED>    ``(1) 65 percent of amounts in the Fund shall be 
        allocated for projects that are not eligible for the funding 
        described in subparagraph (A) or (B) of paragraph (2) for the 
        repair and rehabilitation of assets, including--</DELETED>
                <DELETED>    ``(A) historic structures, facilities, and 
                other historic assets;</DELETED>
                <DELETED>    ``(B) nonhistoric assets that relate 
                directly to visitor--</DELETED>
                        <DELETED>    ``(i) access, including making 
                        facilities accessible to visitors with 
                        disabilities;</DELETED>
                        <DELETED>    ``(ii) health and safety; 
                        and</DELETED>
                        <DELETED>    ``(iii) recreation; and</DELETED>
                <DELETED>    ``(C) visitor facilities, water and 
                utility systems, and employee housing.</DELETED>
        <DELETED>    ``(2) 35 percent of amounts in the Fund shall be 
        allocated to road, bridge, tunnel, or other transportation-
        related projects that may be eligible for funding made 
        available to the Service through--</DELETED>
                <DELETED>    ``(A) the transportation program under 
                section 203 of title 23; or</DELETED>
                <DELETED>    ``(B) any similar Federal land highway 
                program administered by the Secretary of 
                Transportation.</DELETED>
<DELETED>    ``(f) Prohibited Use of Funds.--No amounts in the Fund 
shall be used--</DELETED>
        <DELETED>    ``(1) for land acquisition; or</DELETED>
        <DELETED>    ``(2) to supplant discretionary funding made 
        available for the annually recurring facility operations and 
        maintenance needs of the Service.</DELETED>
<DELETED>    ``(g) Submission of Annual Proposal.--As part of the 
annual budget submission of the Service to the Committee on 
Appropriations of the House of Representatives and the Committee on 
Appropriations of the Senate (referred to in this section as the 
`Committees'), the Service shall submit a prioritized list of deferred 
maintenance projects proposed to be funded by amounts in the Fund 
during the fiscal year for which the budget submission is 
made.</DELETED>
<DELETED>    ``(h) Congressional Review.--After review of the list 
submitted under subsection (g), the Committees may provide for the 
allocation of amounts derived from the Fund.</DELETED>
<DELETED>    ``(i) Project Approval.--</DELETED>
        <DELETED>    ``(1) In general.--Except as provided in paragraph 
        (2), if, before the beginning of a fiscal year, the Committees 
        do not alter the allocation of funds proposed by the Service 
        for that fiscal year, the list submitted under subsection (g) 
        for that fiscal year shall be considered approved.</DELETED>
        <DELETED>    ``(2) Continuing resolution.--If, before the 
        beginning of a fiscal year, there is enacted a continuing 
        resolution or resolutions for a period of--</DELETED>
                <DELETED>    ``(A) less than or equal to 120 days, the 
                Service shall not commit funds to any proposed high-
                priority deferred maintenance project until the date of 
                enactment of a law making appropriations for the 
                Service that is not a continuing resolution; 
                or</DELETED>
                <DELETED>    ``(B) more than 120 days, the list 
                submitted under subsection (g) for that fiscal year 
                shall be considered approved, unless otherwise provided 
                in the continuing resolution or resolutions.</DELETED>
<DELETED>    ``(j) Public Donations.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary and the Director 
        may accept public cash or in-kind donations that advance 
        efforts--</DELETED>
                <DELETED>    ``(A) to reduce the deferred maintenance 
                backlog of the Service; and</DELETED>
                <DELETED>    ``(B) to encourage relevant public-private 
                partnerships.</DELETED>
        <DELETED>    ``(2) Credits to fund.--Any cash donations 
        accepted under paragraph (1) shall be credited to, and form a 
        part of, the Fund.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``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:
``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.''.
    (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).
                                                       Calendar No. 713

115th CONGRESS

  2d Session

                                S. 3172

_______________________________________________________________________

                                 A BILL

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.

_______________________________________________________________________

                            December 4, 2018

                       Reported with an amendment