[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3604 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3604

  To require a study to determine the best available estimate of the 
  total amount of nonhighway recreational fuel taxes received by the 
                       Secretary of the Treasury.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 11, 2018

  Ms. Klobuchar (for herself, Mr. Risch, Mrs. Shaheen, and Mr. Burr) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To require a study to determine the best available estimate of the 
  total amount of nonhighway recreational fuel taxes received by the 
                       Secretary of the Treasury.

    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 ``RTP Full Funding Act of 2018''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the recreational trails program under section 206 of 
        title 23, United States Code--
                    (A) helps develop and maintain valuable trail 
                infrastructure across the United States;
                    (B) benefits millions of diverse trail users, 
                including users who participate in hiking, bicycling, 
                in-line skating, equestrian use, cross-country skiing, 
                snowmobiling, off-road motorcycling, all-terrain 
                vehicle riding, 4-wheel driving, and other off-road 
                motorized vehicle use; and
                    (C)(i) embraces the user-pay-user-benefit model of 
                the Highway Trust Fund; and
                    (ii) is funded by a Federal tax on fuel used for 
                nonhighway recreation;
            (2) to ensure that Federal taxes collected from nonhighway 
        recreation are appropriately returned to the States for the 
        recreational trails program, an accurate estimate of the total 
        amount of nonhighway fuel taxes collected is necessary; and
            (3) an accurate study to produce a best available estimate 
        of the total amount of nonhighway recreational fuel taxes 
        received by the Secretary of the Treasury will help inform 
        Congress in continuing to authorize the recreational trails 
        program.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Highway Administration.
            (2) Highway trust fund.--The term ``Highway Trust Fund'' 
        means the Highway Trust Fund established by section 9503(a) of 
        the Internal Revenue Code of 1986.
            (3) Nonhighway recreational fuel taxes.--The term 
        ``nonhighway recreational fuel taxes'' means taxes under 
        section 4041 and 4081 of the Internal Revenue Code of 1986 with 
        respect to fuel used in vehicles on recreational trails or back 
        country terrain (including vehicles registered for highway use 
        when used on recreational trails, trail access roads not 
        eligible for funding under title 23, United States Code, or 
        back country terrain).
            (4) Recreational trails program.--The term ``recreational 
        trails program'' means the recreational trails program under 
        section 206 of title 23, United States Code.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 4. NONHIGHWAY RECREATIONAL FUEL STUDY.

    (a) Assessment; Report.--
            (1) Assessment.--Not later than 1 year after the date of 
        enactment of this Act and not less frequently than once every 5 
        years thereafter, as determined by the Secretary, the Secretary 
        shall carry out an assessment of the best available estimate of 
        the total amount of nonhighway recreational fuel taxes received 
        by the Secretary of the Treasury and transferred to the Highway 
        Trust Fund for the period covered by the assessment.
            (2) Report.--After carrying out each assessment under 
        paragraph (1), the Secretary shall submit to the Committees on 
        Finance and Environment and Public Works of the Senate and the 
        Committees on Ways and Means and Transportation and 
        Infrastructure of the House of Representatives a report that 
        includes--
                    (A) a description of the results of the assessment;
                    (B) an evaluation of whether the current 
                recreational trails program funding level of each 
                participating State accurately reflects the 
                apportionment criteria described in section 133(h)(5) 
                of title 23, United States Code; and
                    (C) in the case of the first report submitted under 
                this paragraph, an estimate of the frequency with which 
                the Secretary anticipates carrying out the assessment 
                under paragraph (1), subject to the condition that such 
                an assessment shall be carried out not less frequently 
                than once every 5 years.
    (b) Consultation.--In carrying out an assessment under subsection 
(a)(1), the Secretary may consult with, as the Secretary determines to 
be appropriate--
            (1) the heads of--
                    (A) State agencies designated by Governors pursuant 
                to section 206(c)(1) of title 23, United States Code, 
                to administer the recreational trails program; and
                    (B) division offices of the Department of 
                Transportation;
            (2) the Secretary of the Treasury;
            (3) the Administrator; and
            (4) groups representing recreational activities and 
        interests, including hiking, biking and mountain biking, 
        horseback riding, water trails, snowshoeing, cross-country 
        skiing, snowmobiling, off-highway motorcycling, all-terrain 
        vehicles and other offroad motorized vehicle activities, and 
        recreational trail advocates.
    (c) Funding.--
            (1) In general.--For the first fiscal year beginning after 
        the date of enactment of this Act, the Secretary shall set 
        aside from funds available to the Secretary to carry out the 
        recreational trails program and not otherwise obligated an 
        amount not greater than $3,000,000 to conduct the assessment 
        under subsection (a)(1).
            (2) Reservation.--The amount set aside under this 
        subsection shall be proportionately reserved from the 
        apportionment to each State participating in the recreational 
        trails program during that fiscal year, after making any 
        reallocation to participating States, as described in section 
        133(h)(1)(B) of title 23, United States Code.

SEC. 5. REPORTING.

    (a) Establishment of New Financial Management Information System 
Codes.--The Administrator shall establish financial management 
information system codes for each of the following:
            (1) Nonmotorized single use project.
            (2) Nonmotorized diverse use project.
            (3) Diverse use project including both motorized and 
        nonmotorized uses.
            (4) Motorized single use project.
            (5) Motorized diverse use project.
    (b) State Reports.--
            (1) In general.--Except as provided in paragraph (2), not 
        less frequently than annually, each State that carries out 
        projects under the recreational trails program shall submit to 
        the Administrator a report describing the expenditures relating 
        to those projects, as listed--
                    (A) based on each code described in subsection (a); 
                and
                    (B) relating to projects for the State on Federal 
                land.
            (2) Exemption.--Paragraph (1) shall not apply to a State 
        that is described in section 206(d)(3)(B) of title 23, United 
        States Code.
    (c) Assessment.--Not less frequently than annually, the 
Administrator shall--
            (1) carry out an assessment of State expenditures on 
        recreational trails projects under subsection (b); and
            (2) submit to Congress a report that describes the results 
        of the assessment.

SEC. 6. STP SET-ASIDE.

    Section 133(h)(1) of title 23, United States Code, is amended--
            (1) in subparagraph (B)--
                    (A) in the matter preceding clause (i), by striking 
                ``subparagraph (A)'' and inserting ``clause (i)'';
                    (B) in clause (i), by striking ``section 
                133(d)(2)'' and inserting ``subsection (d)(2)''; and
                    (C) in clause (ii), by striking the period at the 
                end and inserting ``; and'';
            (2) in each of subparagraphs (A) and (B), by redesignating 
        clauses (i) and (ii) as subclauses (I) and (II), respectively, 
        and indenting the subclauses appropriately;
            (3) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively, and indenting the clauses 
        appropriately;
            (4) in the matter preceding clause (i) (as so 
        redesignated), by striking ``shall reserve an amount such 
        that--'' and inserting the following: ``shall reserve--
                    ``(A) an amount such that--''; and
            (5) by adding at the end the following:
                    ``(B) for administrative, research, technical 
                assistance, and training expenses (including the costs 
                of entering into cooperative agreements with other 
                Federal departments or agencies, institutions of higher 
                education, or nonprofit organizations to carry out such 
                an activity) for the recreational trails program under 
                section 206, an amount equal to 1 percent of the amount 
                apportioned to carry out that program, which 
                reservation shall be made before making any 
                apportionment under paragraph (5) to a State.''.
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