[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 500 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 428
116th CONGRESS
  2d Session
                                 S. 500

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

                           February 14, 2019

  Mr. Portman (for himself, Mr. Warner, Mr. Alexander, Mr. King, Mr. 
     Tillis, Ms. Collins, Ms. Harris, Mr. Hoeven, Mr. Gardner, Ms. 
Klobuchar, Mr. Cramer, Mr. Peters, Mr. Boozman, Mr. Blunt, Ms. Baldwin, 
 Mrs. Capito, Mr. Sanders, Mr. Casey, Mr. Sullivan, Mr. Heinrich, Mr. 
  Bennet, Mrs. Feinstein, Ms. Duckworth, Mr. Booker, Mr. Daines, Mr. 
   Brown, Ms. Cortez Masto, Mr. Merkley, Mr. Wyden, Ms. Warren, Mr. 
 Manchin, Mr. Kaine, Ms. Sinema, Ms. Rosen, Mr. Coons, Ms. Smith, Ms. 
   Hassan, Mrs. Gillibrand, Mrs. Murray, Mr. Durbin, Mr. Graham, Ms. 
Hirono, Mr. Schatz, Mr. Young, Ms. Stabenow, Ms. McSally, Mrs. Shaheen, 
Mr. Blumenthal, Mr. Perdue, Mr. Roberts, and Mr. Cotton) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

                           February 25, 2020

              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) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Fund.--The term `Fund' means the National 
        Park Service Legacy Restoration Fund established by subsection 
        (b).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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'.</DELETED>
<DELETED>    ``(c) 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 would otherwise be 
        credited, covered, or deposited as miscellaneous receipts 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.</DELETED>
<DELETED>    ``(d) Availability of Funds.--Amounts deposited in the 
Fund shall be available to the Secretary without further appropriation 
or fiscal year limitation.</DELETED>
<DELETED>    ``(e) 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>    ``(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:</DELETED>
        <DELETED>    ``(1) Not less than 65 percent of amounts in the 
        Fund shall be allocated for non-transportation projects, 
        including--</DELETED>
                <DELETED>    ``(A) historic structures, facilities, and 
                other historic assets;</DELETED>
                <DELETED>    ``(B) structures, facilities, and other 
                nonhistoric assets that relate directly to the visitor 
                experience, including--</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) administrative facilities, water and 
                utility systems, and employee housing.</DELETED>
        <DELETED>    ``(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--</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>    ``(g) Prohibited Use of Funds.--No amounts in the Fund 
shall be used--</DELETED>
        <DELETED>    ``(1) for land acquisition;</DELETED>
        <DELETED>    ``(2) to supplant discretionary funding made 
        available for the annually recurring facility operations, 
        maintenance, and construction needs of the Service; 
        or</DELETED>
        <DELETED>    ``(3) for bonuses for employees of the Federal 
        Government that are carrying out this section.</DELETED>
<DELETED>    ``(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--
</DELETED>
        <DELETED>    ``(1) a list of each project that--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) as of the date of the report, is 
                ready to be commenced immediately; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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).</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>    ``(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--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) the expenditure of amounts from the Fund 
        with respect to the project; and</DELETED>
        <DELETED>    ``(3) the projected cyclic maintenance needs of 
        the project on completion of the project.''.</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.''.

<DELETED>SEC. 3. GAO STUDY.</DELETED>

<DELETED>    Not later than 2 years after the date of enactment of this 
Act, the Comptroller General of the United States shall--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) properly estimating the cost for those 
                projects;</DELETED>
                <DELETED>    (B) adhering to time schedules and cost 
                projections for those projects;</DELETED>
                <DELETED>    (C) properly prioritizing deferred 
                maintenance projects; and</DELETED>
                <DELETED>    (D) properly moving completed projects off 
                of the high-priority deferred maintenance list of the 
                National Park Service in a timely manner; and</DELETED>
        <DELETED>    (2) submit to Congress a report that describes the 
        results of the study under paragraph (1).</DELETED>

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. 104910. NATIONAL PARK SERVICE LEGACY RESTORATION FUND.

    ``(a) Definitions.--In this section:
            ``(1) Asset.--The term `asset' means any real property, 
        including any physical structure or grouping of structures, 
        landscape, trail, or other tangible property that--
                    ``(A) has a specific service or function; and
                    ``(B) is tracked and managed as a distinct, 
                identifiable entity by the Service.
            ``(2) Deferred maintenance.--The term `deferred 
        maintenance' means, with respect to an asset, any maintenance 
        or repair--
                    ``(A) that was not performed at the time the 
                maintenance or repair should have been performed; or
                    ``(B) that was scheduled to be performed, but was 
                postponed or delayed for a future period.
            ``(3) Fund.--The term `Fund' means the National Park 
        Service Legacy Restoration Fund established by subsection (b).
            ``(4) Project.--The term `project' means any activity to 
        reduce or eliminate deferred maintenance of an asset, which may 
        include resolving directly related infrastructure deficiencies 
        of the asset that would not by itself be classified as deferred 
        maintenance.
    ``(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 2020 through 2024, 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--
                            ``(i) under Federal law, including--
                                    ``(I) the Gulf of Mexico Energy 
                                Security Act of 2006 (43 U.S.C. 1331 
                                note; Public Law 109-432); and
                                    ``(II) the Mineral Leasing Act (30 
                                U.S.C. 181 et seq.); or
                            ``(ii) from--
                                    ``(I) the Land and Water 
                                Conservation Fund established under 
                                chapter 2003; or
                                    ``(II) the Historic Preservation 
                                Fund established under chapter 3031.
    ``(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 deposited in the Fund shall be used 
for priority deferred maintenance projects of the Service, as 
determined by the Secretary, as follows:
            ``(1) Over the term of the Fund, not less than 65 percent 
        of amounts in the Fund shall be allocated for non-
        transportation projects.
            ``(2) The remaining amounts in the Fund may be allocated 
        for Service transportation projects, including paved and 
        unpaved roads, bridges, tunnels, and paved parking areas.
    ``(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 Priority List of Projects to Congress.--Not 
later than 180 days after the date of enactment of this section, 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 a list of projects that--
            ``(1) as of the date of enactment of this section, are 
        identified by the Secretary as priority deferred maintenance 
        projects of the Service; and
            ``(2) as of the date of the submission of the list, are 
        ready to be implemented.
    ``(i) Submission of Annual List of Projects to Congress.--The 
President shall submit to Congress, together with the annual budget of 
the United States, a list of projects to be funded from the Fund that 
includes a detailed description of each project, including the 
estimated expenditures from the Fund for the project for the applicable 
fiscal year.
    ``(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) Required Consideration for Accessibility.--In expending 
amounts from the Fund, the Secretary shall incorporate measures to 
improve the accessibility of assets and accommodate visitors and 
employees with disabilities in accordance with applicable law.''.
    (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:

``104910. National Park Service Legacy Restoration Fund.''.

SEC. 3. GAO STUDY.

    Not later than 5 years after the date of enactment of this Act, the 
Comptroller General of the United States shall--
            (1) conduct a study on the implementation of this Act and 
        the amendments made by this Act, including whether this Act and 
        the amendments made by this Act have effectively reduced the 
        priority deferred maintenance backlog of the National Park 
        Service; and
            (2) submit to Congress a report that describes the results 
        of the study under paragraph (1).
                                                       Calendar No. 428

116th CONGRESS

  2d Session

                                 S. 500

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           February 25, 2020

                       Reported with an amendment