[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1547 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 439
119th CONGRESS
  2d Session
                                S. 1547

  To amend title 54, United States Code, to reauthorize the National 
 Parks and Public Land Legacy Restoration Fund, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 1, 2025

Mr. Daines (for himself, Mr. King, Mr. Cramer, Mr. Warner, Mr. Sheehy, 
   Mrs. Shaheen, Ms. Murkowski, Mr. Hickenlooper, Mr. McCormick, Mr. 
  Gallego, Ms. Collins, Mr. Coons, Mr. Justice, Ms. Cortez Masto, Mr. 
    Banks, Mr. Markey, Mrs. Hyde-Smith, Ms. Smith, Mr. Tillis, Mr. 
 Blumenthal, Mr. Budd, Ms. Hirono, Mr. Young, Mr. Wyden, Mr. Boozman, 
 Mr. Kaine, Mr. Hoeven, Ms. Rosen, Mr. McConnell, Mr. Van Hollen, Mr. 
 Cotton, Mr. Lujan, Mr. Graham, Mr. Kim, Mr. Husted, Ms. Baldwin, Mr. 
   Moreno, Ms. Alsobrooks, Mr. Wicker, Mr. Kelly, Mr. Marshall, Mr. 
Schumer, Mr. Mullin, Ms. Klobuchar, Mr. Schmitt, Mr. Warnock, Mr. Scott 
 of South Carolina, Ms. Blunt Rochester, Mr. Sullivan, Mr. Bennet, Mr. 
Hawley, Mr. Padilla, Mr. Cornyn, Mr. Fetterman, Mr. Risch, Mr. Schiff, 
Mr. Crapo, Mr. Welch, Mr. Hagerty, Mrs. Gillibrand, Mr. Armstrong, Mr. 
   Lankford, Mr. Murphy, Mrs. Britt, and Mr. Schatz) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

                             June 17, 2026

                 Reported by Mr. Lee, 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 reauthorize the National 
 Parks and Public Land Legacy Restoration Fund, 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 ``America the Beautiful 
Act''.</DELETED>

<DELETED>SEC. 2. REUAUTHORIZATION OF THE NATIONAL PARKS AND PUBLIC LAND 
              LEGACY RESTORATION FUND.</DELETED>

<DELETED>    (a) Deposits.--Section 200402(b) of title 54, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``2025'' and 
        inserting ``2033''; and</DELETED>
        <DELETED>    (2) in paragraph (2), by striking 
        ``$1,900,000,000'' and inserting ``$2,000,000,000''.</DELETED>
<DELETED>    (b) Use of Funds.--Section 200402(e) of title 54, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), in the matter preceding 
        subparagraph (A), by striking ``in the National Wildlife Refuge 
        System'' and inserting ``on land administered by the United 
        States Fish and Wildlife Service''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(3) Project prioritization.--The Secretary and 
        the Secretary of Agriculture shall prioritize the use of 
        amounts allocated from the Fund for projects that receive 
        donations under subsection (j) of not less than 15 percent of 
        the total costs of the applicable project.''.</DELETED>
<DELETED>    (c) Submission of Annual List of Projects to Congress.--
Section 200402(h) of title 54, United States Code, is amended by 
inserting ``and the subsequent fiscal year'' before the period at the 
end.</DELETED>
<DELETED>    (d) Alternate Allocation.--Section 200402(i) of title 54, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by inserting ``for the 
        applicable fiscal year and subsequent fiscal year'' after 
        ``under this section''; and</DELETED>
        <DELETED>    (2) in paragraph (2), by adding at the end the 
        following:</DELETED>
                <DELETED>    ``(C) No full-year appropriations 
                enacted.--If Congress has not enacted full-year 
                appropriations for the Department of the Interior, 
                Environment, and Related Agencies for the applicable 
                fiscal year by the end of the previous fiscal year, 
                amounts made available under subsection (c) shall be 
                allocated by the President, if that allocation had 
                previously been approved under paragraph (1) as an 
                allocation for the subsequent fiscal year.''.</DELETED>
<DELETED>    (e) Public Donations.--Section 200402(j) of title 54, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) in the subsection heading, by striking 
        ``Public'';</DELETED>
        <DELETED>    (2) in paragraph (1), in the matter preceding 
        subparagraph (A), by striking ``public'';</DELETED>
        <DELETED>    (3) by redesignating paragraphs (2) and (3) as 
        paragraphs (3) and (4), respectively;</DELETED>
        <DELETED>    (4) by inserting after paragraph (1) the 
        following:</DELETED>
        <DELETED>    ``(2) Solicitation of donations.--The Secretary 
        and the Secretary of Agriculture shall provide to the public 
        information on the ability of the Secretary and the Secretary 
        of Agriculture to accept donations under paragraph (1), 
        including through--</DELETED>
                <DELETED>    ``(A) public awareness 
                campaigns;</DELETED>
                <DELETED>    ``(B) physical or digital donation 
                locations at project sites; and</DELETED>
                <DELETED>    ``(C) during the checkout process for the 
                purchase of a physical or digital pass to access a 
                Federal recreational site or an interagency pass, such 
                as the America the Beautiful--the National Parks and 
                Federal Recreational Lands Pass.'';</DELETED>
        <DELETED>    (5) by striking paragraph (3) (as so redesignated) 
        and inserting the following:</DELETED>
        <DELETED>    ``(3) Credits to fund.--Any cash donations 
        accepted under paragraph (1)--</DELETED>
                <DELETED>    ``(A) shall be--</DELETED>
                        <DELETED>    ``(i) credited to, and form a part 
                        of, the Fund; and</DELETED>
                        <DELETED>    ``(ii) allocated to the covered 
                        agency for which the donation was made; 
                        and</DELETED>
                <DELETED>    ``(B) may be allocated to specific 
                projects included on a list submitted under subsection 
                (h).''; and</DELETED>
        <DELETED>    (6) in paragraph (4) (as so redesignated), by 
        striking ``paragraph (2)(B)'' and inserting ``paragraph 
        (3)(A)(ii)''.</DELETED>
<DELETED>    (f) Disposal of Assets; Report to Congress.--Section 
200402 of title 54, United States Code, is amended by adding at the end 
the following:</DELETED>
<DELETED>    ``(l) Disposal of Assets.--The Secretary and the Secretary 
of Agriculture shall provide for the disposal of constructed assets 
included on a deferred maintenance list submitted under subsection (h) 
that no longer serve the public interest or advance the mission of the 
applicable unit to which the asset belongs.</DELETED>
<DELETED>    ``(m) Report to Congress.--Not later than 1 year after the 
date of enactment of this subsection, the Secretary and the Secretary 
of Agriculture shall submit to the appropriate committees of Congress a 
report that--</DELETED>
        <DELETED>    ``(1) describes actions taken by the covered 
        agencies without using amounts from the Fund to reduce deferred 
        maintenance in the System, on land administered by the United 
        States Fish and Wildlife Service, on public land administered 
        by the Bureau of Land Management, for the Bureau of Indian 
        Education schools, and in the National Forest System; 
        and</DELETED>
        <DELETED>    ``(2) includes a plan from the covered agencies to 
        increase preventative annual and cyclic maintenance activities 
        by covered agencies to a level that properly maintains the 
        assets of the covered agencies and prevents the addition of 
        assets to a deferred maintenance list under subsection 
        (h).''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``America the Beautiful Act''.

SEC. 2. NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND.

    (a) Definition of Deferred Maintenance.--Section 200401 of title 
54, United States Code, is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Deferred maintenance.--
                    ``(A) In general.--The term `deferred maintenance' 
                means maintenance or a repair of an asset that--
                            ``(i) was not performed when the 
                        maintenance or repair should have been, or was 
                        scheduled to be, performed; and
                            ``(ii) is put off or delayed for a future 
                        period.
                    ``(B) Inclusion.--The term `deferred maintenance' 
                includes the reconstruction of an asset that was 
                demolished or removed during the 10-year period ending 
                on the date of enactment of the America the Beautiful 
                Act and during the term of the authorization of the 
                deposits into the Fund, if--
                            ``(i) the asset was demolished or removed 
                        because its deterioration posed a risk--
                                    ``(I) to human health or safety; or
                                    ``(II) to natural or cultural 
                                resources;
                            ``(ii) the asset was not intended to be 
                        temporary at the time of its construction;
                            ``(iii) the reconstructed asset is 
                        comparable in function and capacity to the 
                        original asset; and
                            ``(iv) the total cost of the reconstruction 
                        is less than $5,000,000.''.
    (b) Deposits.--Section 200402(b)(1) of title 54, United States 
Code, is amended--
            (1) by striking ``2021 through 2025'' and inserting ``2027 
        through 2031''; and
            (2) by striking ``Federal land and water'' and inserting 
        ``Federal onshore land''.
    (c) Maximum Amount.--Section 200402(b)(2) of title 54, United 
States Code, is amended--
            (1) by inserting ``total'' before ``amount''; and
            (2) by inserting ``, section 803 of the Federal Lands 
        Recreation Enhancement Act (16 U.S.C. 6802), and section 
        4(e)(2)(B) of the America the Beautiful Act'' after ``paragraph 
        (1)''.
    (d) Order of Deposits.--Section 200402(b) of title 54, United 
States Code, is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) Order of deposits.--Amounts required to be deposited 
        in the Fund shall be deposited in the following order of 
        priority:
                    ``(A) Amounts required to be deposited in the Fund 
                under paragraph (3)(I) of section 803(e) of the Federal 
                Lands Recreation Enhancement Act (16 U.S.C. 6802(e)).
                    ``(B) Amounts required to be deposited in the Fund 
                under section 4(e)(2)(B) of the America the Beautiful 
                Act.
                    ``(C) Amounts required to be deposited in the Fund 
                under paragraph (1).''.
    (e) Use of Funds.--Section 200402(e) of title 54, United States 
Code, is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``in the National Wildlife Refuge System'' and 
        inserting ``on land administered by the United States Fish and 
        Wildlife Service''; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Limitations.--
                    ``(A) Nontransportation projects.--Over the term of 
                the Fund--
                            ``(i) within the Service, not less than 65 
                        percent of amounts from the Fund shall be 
                        allocated for deferred maintenance 
                        nontransportation projects;
                            ``(ii) within the United States Fish and 
                        Wildlife Service, not less than 65 percent of 
                        amounts from the Fund shall be allocated for 
                        deferred maintenance nontransportation 
                        projects;
                            ``(iii) within the Forest Service, not less 
                        than 32 percent of amounts from the Fund shall 
                        be allocated for deferred maintenance 
                        nontransportation projects; and
                            ``(iv) within the Bureau of Land 
                        Management, not less than 15 percent of amounts 
                        from the Fund shall be allocated for deferred 
                        maintenance nontransportation projects.
                    ``(B) Transportation projects.--The amounts 
                remaining in the Fund after the allocations required 
                under subparagraph (A) may be allocated for deferred 
                maintenance transportation projects of the covered 
                agencies, including paved and unpaved roads, bridges, 
                tunnels, and paved parking areas.
                    ``(C) Plan.--A priority deferred maintenance 
                project funded under this section shall be consistent 
                with an applicable transportation, deferred 
                maintenance, or capital improvement plan developed by 
                the applicable covered agency.''.
    (f) Prohibitions on Use.--Section 200402 of title 54, United States 
Code, is amended by striking subsection (f) and inserting the 
following:
    ``(f) Prohibitions on Use.--No amounts in the Fund shall be used--
            ``(1) for the acquisition of land or any interest in land;
            ``(2) to supplant discretionary funding made available for 
        annually recurring facility operations, maintenance, or 
        construction needs;
            ``(3) for a bonus for an employee of the Federal 
        Government; or
            ``(4) to decommission a road on National Forest System land 
        or public land administered by the Bureau of Land 
        Management.''.
    (g) Project Selection.--Section 200402 of title 54, United States 
Code, is amended by striking subsection (h) and inserting the 
following:
    ``(h) Submission of Annual List of Projects to Congress.--
            ``(1) Definitions.--In this subsection and subsection (i):
                    ``(A) Applicable fiscal year.--The term `applicable 
                fiscal year', with respect to a session of Congress, 
                means the fiscal year of the United States Government 
                that starts on October 1 of the calendar year in which 
                that session begins.
                    ``(B) Subsequent fiscal year.--The term `subsequent 
                fiscal year' means a fiscal year 1 year after the 
                applicable fiscal year.
            ``(2) Annual list.--
                    ``(A) In general.--Until the date on which all 
                amounts in the Fund are allocated, the President shall 
                annually submit to Congress, together with the annual 
                budget of the United States, a list of projects to be 
                funded from the Fund for the applicable fiscal year and 
                the subsequent fiscal year that includes a detailed 
                description of each such project, including the 
                estimated expenditures from the Fund for the project.
                    ``(B) Project data sheets.--
                            ``(i) In general.--The list of projects 
                        transmitted with the annual budget of the 
                        United States under subparagraph (A) shall be 
                        accompanied by a project data sheet for each 
                        such project in the same format and containing 
                        the same level of detailed information as on 
                        previous project data sheets submitted to 
                        Congress.
                            ``(ii) Inclusions.--Each project data sheet 
                        under clause (i) shall include--
                                    ``(I) a list of each asset 
                                addressed;
                                    ``(II) a description of the scope 
                                of benefits; and
                                    ``(III) a description of the 
                                consequences of failure to act.
            ``(3) No list, no allocation.--
                    ``(A) In general.--Notwithstanding subsection 
                (i)(2)(A) and subject to subparagraph (B), if the list 
                of projects under paragraph (2)(A) and the accompanying 
                project data sheets under paragraph (2)(B) for an 
                applicable fiscal year have not been submitted to 
                Congress by April 30 of the preceding fiscal year, no 
                allocation under subsection (c) for that applicable 
                fiscal year may be made until the date on which the Act 
                making full-year appropriations for the Department of 
                the Interior, Environment, and Related Agencies for the 
                subsequent fiscal year is enacted into law.
                    ``(B) Applicability.--Subparagraph (A) shall only 
                apply to the enactment of full-year appropriations for 
                fiscal year 2028 or any fiscal year thereafter.
            ``(4) Submission of list of projects and project data 
        sheets to congress for fiscal year 2027 and fiscal year 2028.--
                    ``(A) Deadlines.--The Secretary and the Secretary 
                of Agriculture shall submit to the Committees on Energy 
                and Natural Resources and Appropriations of the Senate 
                and the Committees on Natural Resources and 
                Appropriations of the House of Representatives--
                            ``(i) by not later than November 15, 2026, 
                        a list of projects under paragraph (2)(A) to be 
                        funded for fiscal year 2027 and fiscal year 
                        2028 under that paragraph; and
                            ``(ii) by not later than November 30, 2026, 
                        the accompanying project data sheets under 
                        paragraph (2)(B).
                    ``(B) Failure to submit.--Notwithstanding 
                subsection (i)(2)(A), if the list of projects for 
                fiscal year 2027 under subparagraph (2)(A) and 
                accompanying project data sheets under paragraph (2)(B) 
                have not been submitted to Congress pursuant to 
                subparagraph (A), no allocation under subsection (c) 
                for fiscal year 2027 may be made until the date on 
                which the Act making full-year appropriations for the 
                Department of the Interior, Environment, and Related 
                Agencies for fiscal year 2028 is enacted into law.
            ``(5) Recommendations.--The Secretary and the Secretary of 
        Agriculture shall annually solicit from the Governors of all 
        States, the governors of all territories of the United States, 
        and Indian Tribes (as defined in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304)) 
        recommendations for projects to be funded from the Fund under 
        paragraph (2).
            ``(6) Priority.--In selecting projects for the list (other 
        than projects for the Bureau of Indian Education) to be funded 
        from the Fund under paragraph (2), the Secretary and the 
        Secretary of Agriculture shall ensure that, for each covered 
        agency--
                    ``(A) funds are prioritized for projects that--
                            ``(i) address deferred maintenance of 
                        assets the failure of which would result in--
                                    ``(I) an imminent threat to public 
                                health or safety; or
                                    ``(II) the closure or material 
                                impairment of public access or core 
                                operational functions;
                            ``(ii) are necessary to prevent the further 
                        deterioration of an asset that would result in 
                        a substantially higher future repair or 
                        replacement cost;
                            ``(iii) maximize the reduction of the 
                        deferred maintenance backlog relative to the 
                        amount of funds expended;
                            ``(iv) address mission-critical assets, 
                        including water, wastewater, site maintenance, 
                        employee housing, and public use facilities;
                            ``(v) can be completed in a timely manner 
                        and in accordance with applicable cost and 
                        schedule estimates; or
                            ``(vi) positively impact a visitor-facing 
                        asset; and
                    ``(B) a reasonable balance is achieved between 
                projects at higher- and lower-visitation units or areas 
                administered by the covered agency.''.
    (h) Alternate Allocation.--Section 200402 of title 54, United 
States Code, is amended by striking subsection (i) and inserting the 
following:
    ``(i) Alternate Allocation.--
            ``(1) In general.--Appropriations Acts may provide for 
        alternate allocation of amounts made available under this 
        section for the applicable fiscal year and the subsequent 
        fiscal year, consistent with the allocations to covered 
        agencies under subsection (e)(1).
            ``(2) Allocation by president.--
                    ``(A) No alternate allocations.--If Congress has 
                not enacted legislation establishing alternate 
                allocations by the date on which the Act making full-
                year appropriations for the Department of the Interior, 
                Environment, and Related Agencies for the applicable 
                fiscal year is enacted into law, amounts made available 
                under subsection (c) shall be allocated by the 
                President.
                    ``(B) Insufficient alternate allocation.--If 
                Congress enacts legislation establishing alternate 
                allocations for amounts made available under subsection 
                (c) that are less than the full amount appropriated 
                under that subsection, the difference between the 
                amount appropriated and the alternate allocation shall 
                be allocated by the President.
                    ``(C) No full-year appropriations enacted by end of 
                previous fiscal year.--
                            ``(i) In general.--Subject to clause (ii), 
                        if an allocation has been made by Congress for 
                        a subsequent fiscal year under paragraph (1) 
                        and Congress has not enacted full-year 
                        appropriations for the Department of the 
                        Interior, Environment, and Related Agencies by 
                        October 1 of the year in which that subsequent 
                        fiscal year becomes the applicable fiscal year, 
                        amounts made available under subsection (c) may 
                        be implemented by the President on October 1 of 
                        such applicable fiscal year, in accordance with 
                        the congressional allocation.
                            ``(ii) Applicability.--Clause (i) shall 
                        only apply to the enactment of full-year 
                        appropriations for fiscal year 2028 or any 
                        fiscal year thereafter.''.
    (i) Public Donations.--Section 200402(j) of title 54, United States 
Code, is amended--
            (1) in the subsection heading, by striking ``Public'';
            (2) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``public'';
            (3) by redesignating paragraph (3) as paragraph (4);
            (4) by striking paragraph (2) and inserting the following:
            ``(2) Solicitation of donations.--The Secretary and the 
        Secretary of Agriculture shall provide to the public 
        information on the ability of the Secretary and the Secretary 
        of Agriculture to accept donations under paragraph (1), 
        including through--
                    ``(A) public awareness campaigns;
                    ``(B) physical or digital donation locations at 
                project sites; and
                    ``(C) during the checkout process for the purchase 
                of a physical or digital pass to access a Federal 
                recreational site or an interagency pass.
            ``(3) Credits to fund.--
                    ``(A) In general.--100 percent of any cash 
                donations accepted under paragraph (1) shall be 
                credited to, and form a part of, the Fund.
                    ``(B) Allocation.--Amounts credited to the Fund 
                under subparagraph (A) shall be allocated to the 
                covered agency for which the donation was made.
                    ``(C) Exclusion from maximum amount.--Amounts 
                credited to the Fund under subparagraph (A) shall not 
                be considered for purposes of the limitation on amounts 
                deposited under subsection (b)(2).''; and
            (5) in paragraph (4) (as so redesignated), by striking 
        ``paragraph (2)(B)'' and inserting ``paragraph (3)(B)''.
    (j) Additional Provisions.--Section 200402 of title 54, United 
States Code, is amended by adding at the end the following:
    ``(l) Streamlining.--
            ``(1) Categorical exclusions.--
                    ``(A) In general.--In carrying out a project using 
                funds authorized by this section, the Secretary shall, 
                in accordance with the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.)--
                            ``(i) adopt any applicable categorical 
                        exclusion (as defined in section 111 of that 
                        Act (42 U.S.C. 4336e)) established by another 
                        Federal agency under section 109 of that Act 
                        (42 U.S.C. 4336c);
                            ``(ii) use all other available procedures 
                        to expedite environmental review of the 
                        project, including--
                                    ``(I) determinations of NEPA 
                                adequacy; and
                                    ``(II) reliance on previously 
                                completed environmental reviews; and
                            ``(iii) establish additional categorical 
                        exclusions (as so defined) as determined 
                        necessary to expedite the completion of 
                        deferred maintenance projects using funds 
                        authorized by this section.
                    ``(B) Administration.--In adopting, developing, and 
                administering a categorical exclusion described in 
                clause (i) or (iii) of subparagraph (A), the Secretary 
                and the Secretary of Agriculture shall apply the 
                extraordinary circumstances procedures under section 
                46.215 of title 43, Code of Federal Regulations (or a 
                successor regulation).
            ``(2) Program comment and exempted categories.--Not later 
        than 180 days after the date of enactment of this subsection, 
        the Advisory Council on Historic Preservation, in consultation 
        with the Secretary and the Secretary of Agriculture, shall 
        develop and issue a consolidated program comment (as described 
        in subsection (e) of section 800.14 of title 36, Code of 
        Federal Regulations (as in effect on that date of enactment)) 
        and develop an approved applicable exempted categories of 
        undertakings (as described in subsection (c) of that section 
        (as so in effect)) for projects using funds authorized by this 
        section to eliminate or reduce deferred maintenance on land 
        under the jurisdiction of the Secretary or the Secretary of 
        Agriculture.
    ``(m) Timeline.--Not later than 180 days after the date on which 
the final design of a project funded under this section has been 
approved for which 1 or more responsive bids from a responsible bidder 
have been received, the Secretary or the Secretary of Agriculture, as 
applicable, shall award a construction contract for the project unless 
the Secretary or Secretary of Agriculture determines, in writing, that 
there is a compelling reason to reject all bids received.
    ``(n) State, Local, Tribal, Nonprofit Organization, and 
Concessioner Noncompetitive Contracts.--
            ``(1) In general.--Notwithstanding chapter 33 of title 41, 
        or any other provision of law relating to the use of 
        competitive procedures for the procurement of services, 
        supplies, or construction materials and services, on making a 
        determination described in paragraph (2), the Secretary or the 
        Secretary of Agriculture may enter into 1 or more contracts, on 
        a noncompetitive basis, for any priority deferred maintenance 
        project with--
                    ``(A) a State, local government, or Indian Tribe 
                (as defined in section 4 of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                5304)), including any Native village, Village 
                Corporation, or Regional Corporation, as those terms 
                are defined in section 3 of the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1602);
                    ``(B) a congressionally chartered nonprofit 
                organization;
                    ``(C) a nonprofit organization affiliated with a 
                specific unit or area of a covered agency for a project 
                within that unit or area; or
                    ``(D) a lessee or concessioner currently holding a 
                valid lease or concession contract with the specific 
                unit of a covered agency where the priority deferred 
                maintenance project is located.
            ``(2) Determination.--A determination referred to in 
        paragraph (1) is a determination by the Secretary or the 
        Secretary of Agriculture, as applicable, in writing, that the 
        applicable entity described in that paragraph is uniquely 
        positioned to execute 1 or more procurement contracts described 
        in that paragraph.
            ``(3) Notice to congress.--Not later than 1 year after the 
        date on which the initial contract is entered into by the 
        Secretary or the Secretary of Agriculture pursuant to paragraph 
        (1), and annually thereafter, the Secretary and the Secretary 
        of Agriculture shall notify the appropriate committees of 
        Congress regarding all contracts entered into pursuant to that 
        paragraph during the preceding year.
            ``(4) Matching contributions for certain nonprofit 
        organizations.--
                    ``(A) In general.--A contract under paragraph (1) 
                with an entity described in subparagraph (B) of that 
                paragraph shall require the entity to provide, from 
                non-Federal sources, funds equal to not less than the 
                amount provided from the Fund for the project.
                    ``(B) Obligation limitation.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Secretary or the Secretary of 
                        Agriculture may not obligate, pursuant to a 
                        contract described in subparagraph (A), amounts 
                        from the Fund equal to more than the amount of 
                        non-Federal funds contributed or irrevocably 
                        committed to the applicable project by an 
                        entity described in that subparagraph.
                            ``(ii) Exceptions.--Subject to clause 
                        (iii), if an entity described in subparagraph 
                        (A) fails to provide the matching contribution 
                        described in clause (i), the Secretary or the 
                        Secretary of Agriculture, as applicable, may 
                        reduce the scope, extend the time to provide 
                        funding for, or waive or reduce the matching 
                        funds requirement applicable to, the relevant 
                        project, as the Secretary or the Secretary of 
                        Agriculture, as applicable, determines to be 
                        necessary--
                                    ``(I) to complete a commenced 
                                project; or
                                    ``(II) to protect--
                                            ``(aa) public health or 
                                        safety;
                                            ``(bb) System resources; or
                                            ``(cc) essential services.
                            ``(iii) Notice to congress.--Not later than 
                        30 days after the date on which the Secretary 
                        or the Secretary of Agriculture waives or 
                        reduces a matching funds requirement pursuant 
                        to clause (ii), the applicable Secretary shall 
                        submit to the appropriate committees of 
                        Congress a notice of that waiver or reduction.
            ``(5) Relationship to existing concession contracts.--A 
        procurement action conducted or contract awarded under this 
        subsection shall be considered to be separate from, and shall 
        not modify, amend, or extend the duration of, or provide any 
        leasehold surrender interest or other benefit under, a 
        concession contract issued under section 101913 (or a related 
        authority).
            ``(6) Effect of subsection.--Nothing in this subsection--
                    ``(A) authorizes the award of any concession 
                contract or lease without full compliance with 
                applicable concession contracting law; or
                    ``(B) prevents the Secretary or the Secretary of 
                Agriculture from using competitive procedures, if the 
                applicable Secretary determines those procedures to be 
                in the best interest of the United States.
    ``(o) Micro-purchase Threshold.--
            ``(1) In general.--Subject to adjustment under paragraph 
        (2), the micro-purchase threshold for goods, services, and 
        construction for any project funded under this section shall be 
        the following:
                    ``(A) $35,000 for the standard micro-purchase 
                threshold.
                    ``(B) $25,000 for the acquisition of construction 
                subject to subchapter IV of chapter 31 of title 40.
                    ``(C) $30,000 for the acquisition of services 
                subject to chapter 67 of title 41.
            ``(2) Adjustment.--Each of the amounts described in 
        subparagraphs (A) through (C) of paragraph (1) shall be 
        adjusted by the Secretary beginning on January 1, 2027, and 
        annually thereafter, to reflect the percentage changes in the 
        Consumer Price Index For All Urban Consumers published by the 
        Bureau of Labor Statistics of the Department of Labor over the 
        previous year.
    ``(p) Disposal of Constructed Assets.--The Secretary and the 
Secretary of Agriculture shall provide for the disposal of constructed 
assets included on a deferred maintenance list submitted under 
subsection (h) that no longer--
            ``(1) serve the public interest; or
            ``(2) advance the mission of the applicable unit to which 
        the asset belongs.
    ``(q) Report to Congress.--Not later than 1 year after the date of 
enactment of this subsection, the Secretary and the Secretary of 
Agriculture shall submit to the appropriate committees of Congress a 
report that--
            ``(1) describes actions taken by the covered agencies 
        without using amounts from the Fund to reduce deferred 
        maintenance in the System, on land administered by the United 
        States Fish and Wildlife Service, on public land administered 
        by the Bureau of Land Management, for Bureau of Indian 
        Education schools, and in the National Forest System; and
            ``(2) includes a plan from the covered agencies to increase 
        preventative annual and cyclic maintenance activities by 
        covered agencies to a level that properly maintains the assets 
        of the covered agencies and prevents the addition of assets to 
        a deferred maintenance list under subsection (h).
    ``(r) Administrative Expenses.--Not more than 3 percent of the 
amounts deposited in the Fund under subsection (b) for a fiscal year, 
and none of the amounts credited to the Fund under subsection (d)(3) 
for a fiscal year, may be used for administrative expenses to carry out 
this section.
    ``(s) Transparency and Accountability.--Not later than 2 years 
after the date of enactment of this subsection, the Secretary and the 
Secretary of Agriculture shall establish clear, quantifiable, and 
standardized metrics across each covered agency for--
            ``(1) calculating and determining deferred maintenance, 
        ensuring that the metrics--
                    ``(A) adhere to established standards for 
                transportation assets and nontransportation assets; and
                    ``(B) rely on standardized condition assessment 
                methodologies;
            ``(2) delineating between cyclic maintenance and deferred 
        maintenance; and
            ``(3) providing for the timely addition or removal of an 
        asset from the deferred maintenance list.''.

SEC. 3. SURCHARGE FOR NONRESIDENT VISITORS TO UNITS OF NATIONAL PARK 
              SYSTEM.

    Section 803(e) of the Federal Lands Recreation Enhancement Act (16 
U.S.C. 6802(e)) is amended by adding at the end the following:
            ``(3) Entrance fee surcharge for nonresident visitors.--
                    ``(A) Definition of nonresident visitor.--In this 
                paragraph, the term `nonresident visitor' means an 
                individual who is not--
                            ``(i) a citizen or national of the United 
                        States; or
                            ``(ii) an individual lawfully admitted for 
                        permanent residence in the United States.
                    ``(B) Establishment.--For any unit of the National 
                Park System for which an entrance fee is charged, the 
                Secretary shall establish a surcharge for any 
                nonresident visitors.
                    ``(C) Determination of surcharge amount; public 
                participation.--In establishing the amount of a 
                surcharge under subparagraph (B), the Secretary shall--
                            ``(i) ensure that the amount maximizes 
                        revenue for the applicable unit of the National 
                        Park System while retaining nonresident 
                        visitation at the applicable unit of the 
                        National Park System; and
                            ``(ii) provide opportunities for public 
                        participation for gateway communities and local 
                        stakeholders in accordance with subsections (a) 
                        through (c) of section 804.
                    ``(D) Per-vehicle fee.--In a case in which an 
                entrance fee to a unit of the National Park System 
                subject to a surcharge under subparagraph (B) is a per-
                vehicle charge, the Secretary shall establish a process 
                for the superintendent of the applicable unit of the 
                National Park System to proportionately levy and 
                collect the surcharge from nonresident visitors under 
                that subparagraph.
                    ``(E) Methods of collection.--A surcharge 
                established under subparagraph (B) shall be collected--
                            ``(i) by the Secretary, using the standard 
                        methods by which entrance fees may be collected 
                        for a unit of the National Park System under 
                        this section; and
                            ``(ii) if the Secretary enters into an 
                        agreement with a third-party travel vendor to 
                        provide for the collection of the surcharge, by 
                        the applicable third-party travel vendor, in 
                        accordance with the agreement.
                    ``(F) Suspension or modification; increase.--
                            ``(i) Suspension or modification.--The 
                        Secretary may suspend the collection of, or 
                        otherwise modify, the surcharge for the 
                        applicable unit of the National Park System, 
                        including providing for tiered pricing of the 
                        surcharge based on visitation levels at the 
                        unit of the National Park System, as determined 
                        appropriate by the Secretary.
                            ``(ii) Increase.--The Secretary may 
                        establish a minimum percentage increase that 
                        shall apply to a surcharge within an applicable 
                        timeframe established by the Secretary.
                            ``(iii) Public participation.--In 
                        determining any modifications to the surcharge 
                        under clauses (i) and (ii), the Secretary shall 
                        provide opportunities for public participation 
                        for gateway communities and local stakeholders 
                        in accordance with subsections (a) through (c) 
                        of section 804.
                    ``(G) Visa fees; administration.--A surcharge 
                established under subparagraph (B)--
                            ``(i) shall be in addition to, and separate 
                        from, any statutory immigrant visa fee charged 
                        to a nonresident visitor; and
                            ``(ii) shall not be subject to 
                        administration by the Secretary of State or the 
                        Secretary of Homeland Security.
                    ``(H) Exemption for international peace parks.--In 
                the case of a unit of the National Park System that has 
                been designated as an international peace park by an 
                Act of Congress and is subject to a memorandum of 
                understanding with the government of a foreign country 
                relating to management or stewardship of the unit of 
                the National Park System, no surcharge may be applied 
                to the entrance fee of a national of that foreign 
                country for entry to that unit of the National Park 
                System from an entry point within the United States.
                    ``(I) Disposition of proceeds.--
                            ``(i) In general.--Subject to clause (ii), 
                        any proceeds from a surcharge on nonresident 
                        visitors collected under this paragraph for 
                        each fiscal year shall be deposited in the 
                        National Parks and Public Land Legacy 
                        Restoration Fund established by section 
                        200402(a) of title 54, United States Code.
                            ``(ii) Limitation.--If the Secretary 
                        determines that the maximum amount described in 
                        section 200402(b)(2) of that title has been 
                        deposited in the National Parks and Public Land 
                        Legacy Restoration Fund for the applicable 
                        fiscal year, any proceeds from a surcharge on 
                        nonresident visitors collected under this 
                        paragraph for the remainder of the fiscal year 
                        shall be retained by the unit of the National 
                        Park System at which the surcharge was 
                        collected.
                    ``(J) Administrative costs.--Amounts collected as 
                recreation fees under other provisions of this title 
                may be used to pay the administrative costs of carrying 
                out this paragraph.
                    ``(K) Effect.--
                            ``(i) In general.--A surcharge established 
                        under subparagraph (B) shall be in addition to 
                        the applicable entrance fee charged at the unit 
                        of the National Park System.
                            ``(ii) Requirement.--Any nonresident 
                        visitor charged a surcharge under subparagraph 
                        (B) shall also be charged the applicable 
                        entrance fee charged at the unit of the 
                        National Park System.
                    ``(L) Expiration.--Any surcharge established under 
                subparagraph (B) shall expire on September 30, 2031.''.

SEC. 4. LICENSING INTELLECTUAL PROPERTY.

    (a) Definitions.--In this section:
            (1) Department.--The term ``Department'' means the 
        Department of the Interior, including any bureau, office, and 
        agency of the Department of the Interior.
            (2) Intellectual property.--The term ``intellectual 
        property'' means--
                    (A) any trademark, service mark, certification 
                mark, or collective mark (as those terms are defined in 
                section 45 of the Act entitled ``An Act to provide for 
                the registration and protection of trademarks used in 
                commerce, to carry out the provisions of certain 
                international conventions, and for other purposes'', 
                approved July 5, 1946 (commonly known as the 
                ``Trademark Act of 1946'') (15 U.S.C. 1127));
                    (B) any work of authorship in which copyright 
                subsists, as described in section 102 of title 17, 
                United States Code;
                    (C) any trade secret (as defined in section 1839 of 
                title 18, United States Code); and
                    (D) any other similar intellectual property rights 
                owned or controlled by the Secretary.
            (3) Qualifying entity.--The term ``qualifying entity'' 
        means any Federal agency, State, local government, or Indian 
        Tribe (as defined in section 4 of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 5304)), public or 
        private agency, organization, institution, corporation, 
        individual, or other entity that is determined by the Secretary 
        to be qualified in accordance with criteria developed by the 
        Secretary.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Authority.--The Secretary may--
            (1) enter into an agreement to license to any qualifying 
        entity any intellectual property owned or controlled by the 
        Secretary; and
            (2) retain and expend fees received from licensing under 
        paragraph (1) in accordance with this section.
    (c) Designated Marks.--The Secretary shall designate any 
trademarks, service marks, certification marks, or collective marks 
with respect to which the Secretary shall exercise the authority under 
this section.
    (d) Licenses for Qualifying Entities.--
            (1) Fees.--The fee for a license subject to an agreement 
        entered into under this section, as determined by the 
        Secretary, shall be not less than the amount needed to recover 
        all costs incurred by the Secretary in processing and issuing 
        the license.
            (2) Limitation.--A license subject to an agreement with a 
        qualifying entity entered into under this section shall provide 
        that the license may not be transferred, sold, or relicensed by 
        the qualifying entity, unless otherwise authorized by the 
        Secretary.
    (e) Use of Fees.--
            (1) Availability.--Notwithstanding any other provision of 
        law, the Secretary shall use fees retained through an agreement 
        under this section without further appropriation for a fiscal 
        year.
            (2) Use; deposit.--The proceeds collected under this 
        section for each fiscal year shall be used in the following 
        order of priority:
                    (A) For the payment of the following costs incurred 
                by the Secretary:
                            (i) The costs associated with the 
                        development, protection, enforcement, 
                        licensing, marketing, and management of 
                        intellectual property registrations under this 
                        section.
                            (ii) The costs of operating activities and 
                        programs under this section.
                    (B) For deposit in the National Parks and Public 
                Land Legacy Restoration Fund established by section 
                200402(a) of title 54, United States Code, subject to 
                paragraph (3).
            (3) Limitation.--If the Secretary determines that the 
        maximum amount described in section 200402(b)(2) of title 54, 
        United States Code, has been deposited in the National Parks 
        and Public Land Legacy Restoration Fund for the applicable 
        fiscal year, the amounts that would otherwise be deposited in 
        the National Parks and Public Land Legacy Restoration Fund 
        under subparagraph (B) of paragraph (2) shall be used for the 
        purposes described in subparagraph (A) of that paragraph for 
        the remainder of that fiscal year.
    (f) Effect on Other Agreements.--
            (1) In general.--Nothing in this section restricts the 
        Secretary from incorporating licenses of intellectual property 
        into agreements (including contracts, concessions, or 
        cooperative arrangements) not covered by this section, as 
        appropriate and consistent with applicable laws.
            (2) Licenses and fee structures.--The requirements of this 
        section shall not apply to licenses or fee structures included 
        in an agreement referred to in paragraph (1).
                                                       Calendar No. 439

119th CONGRESS

  2d Session

                                S. 1547

_______________________________________________________________________

                                 A BILL

  To amend title 54, United States Code, to reauthorize the National 
 Parks and Public Land Legacy Restoration Fund, and for other purposes.

_______________________________________________________________________

                             June 17, 2026

                       Reported with an amendment