[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1864 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 1864

  To amend title 23, United States Code, with respect to funding the 
 recreational trails program, 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, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 2021

    Mr. Welch (for himself, Mr. Curtis, Mr. Simpson, Mr. Larsen of 
 Washington, Mr. Stewart, Mr. Kilmer, Mr. Stivers, Mr. O'Halleran, Mr. 
    Neal, Mr. San Nicolas, Ms. Strickland, Mrs. Napolitano, and Mr. 
   Huffman) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, 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 amend title 23, United States Code, with respect to funding the 
 recreational trails program, 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, 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 ``RTP Full Funding Act of 2021''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the recreational trails program under section 206 of 
        title 23, United States Code--
                    (A) funds development and maintenance of 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 off-highway vehicle 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, recreational off-highway 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.--To provide additional transparency into meeting objectives of 
the recreational trails program, 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) of title 23, United States Code, is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Reservation of funds.--Of the funds apportioned to a 
        State under section 104(b)(2) for each fiscal year, the 
        Secretary shall reserve an amount such that--
                    ``(A) subject to subparagraph (B), the Secretary 
                reserves a total under this subsection of--
                            ``(i) $835,000,000 for each of fiscal years 
                        2016 and 2017; and
                            ``(ii) $850,000,000 for each of fiscal 
                        years 2018 through 2020;
                    ``(B) for each fiscal year, the amount of twice the 
                covered funds is added to the amount reserved under 
                subparagraph (A);
                    ``(C) the State's share of that total is determined 
                by multiplying the amount under subparagraphs (A) and 
                (B) by the ratio that--
                            ``(i) the amount apportioned to the State 
                        for the transportation enhancements program for 
                        fiscal year 2009 under subsection (d)(2), as in 
                        effect on the day before the date of enactment 
                        of MAP-21; bears to
                            ``(ii) the total amount of funds 
                        apportioned to all States for the 
                        transportation enhancements program for fiscal 
                        year 2009; and
                    ``(D) 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 of up to 1 percent of the amount 
                apportioned to carry out that program, but not to 
                exceed $1,500,000, which reservation shall be made 
                before making any apportionment under paragraph (5) to 
                a State.'';
            (2) in paragraph (5)--
                    (A) by striking ``For each fiscal year'' and 
                inserting the following:
                    ``(A) In general.--For each fiscal year'';
                    (B) by redesignating subparagraphs (A) through (C) 
                as clauses (i) through (iii), respectively, and 
                indenting the clauses appropriately;
                    (C) by amending clause (i), as so redesignated, to 
                read as follows:
                            ``(i) obligate an amount of funds reserved 
                        under this section equal to the amount 
                        calculated under subparagraph (B);''; and
                    (D) by adding at the end the following:
                    ``(B) Calculation of state share of recreational 
                trail program funds.--For each State, the required 
                amount of funds to be obligated by such State under 
                subparagraph (A)(i) shall be calculated by adding--
                            ``(i) covered funds divided by the number 
                        of States reserving amounts under this 
                        subsection; and
                            ``(ii) covered funds proportioned to such 
                        State to the degree that--
                                    ``(I) non-highway recreational fuel 
                                use in such State during the preceding 
                                year; bears to
                                    ``(II) non-highway recreational 
                                fuel use in all States, as reflected in 
                                the most recent nonhighway recreational 
                                fuel study required of the Secretary 
                                under the RTP Full Funding Act of 2021.
                    ``(C) Covered funds defined.--In this subsection, 
                the term `covered funds' means--
                            ``(i) until the date on which the first 
                        report is submitted under section 4 of the RTP 
                        Full Funding Act of 2021, $125,000,000; and
                            ``(ii) after the date on which the first 
                        report is submitted under section 4 of the RTP 
                        Full Funding Act of 2020, 50 percent of the 
                        best available estimate of the total annual 
                        amount of nonhighway recreational fuel taxes 
                        transferred to the Highway Trust Fund.''; and
            (3) in paragraph (6)(A)--
                    (A) by striking ``A State'' and inserting the 
                following:
                            ``(i) In general.--A State''; and
                    (B) by adding at the end the following:
                            ``(ii) No funds for opt out.--In the case 
                        of a State that opts out of the recreational 
                        trails program under clause (i) for any fiscal 
                        year--
                                    ``(I) such State shall not receive 
                                an apportionment for such program for 
                                such fiscal year; and
                                    ``(II) the apportionment described 
                                in subclause (I) shall be equitably 
                                reallocated to all States participating 
                                in the recreational trails program.''.
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