[Senate Report 115-423]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 713
115th Congress   }                                      {       Report
                                 SENATE
 2d Session      }                                      {      115-423

======================================================================



 
                         RESTORE OUR PARKS ACT

                                _______
                                

                December 6, 2018.--Ordered to be printed

                                _______
                                

        Ms. Murkowski, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 3172]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 3172) to amend title 54, United States 
Code, to establish, fund, and provide for the use of amounts in 
a National Park Service Legacy Restoration Fund to address the 
maintenance backlog of the National Park Service, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment in the nature of a substitute and recommends 
that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     1
Purpose of the Measure...........................................     4
Background and Need..............................................     4
Legislative History..............................................     5
Committee Recommendation and Tabulation of Votes.................     6
Committee Amendment..............................................     6
Section-by-Section Analysis......................................     7
Cost and Budgetary Considerations................................     9
Regulatory Impact Evaluation.....................................    13
Congressionally Directed Spending................................    13
Executive Communications.........................................    13
Changes in Existing Law..........................................    15

                               Amendment

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

``104908. National Park Service Legacy Restoration Fund.''.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restore Our Parks Act''.

SEC. 2. NATIONAL PARK SERVICE LEGACY RESTORATION FUND.

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

``104908. National park service legacy restoration fund

    ``(a) Definitions.--In this section:
          ``(1) Fund.--The term `Fund' means the National Park Service 
        Legacy Restoration Fund established by subsection (b).
          ``(2) Project.--The term `project' means the overall plan of 
        remediation of deferred maintenance for an asset, which may 
        include resolving directly related infrastructure deficiencies 
        of the asset.
    ``(b) Establishment.--There is established in the Treasury of the 
United States a fund, to be known as the `National Park Service Legacy 
Restoration Fund'.
    ``(c) Deposits.--
          ``(1) In general.--Except as provided in paragraph (2), for 
        each of fiscal years 2019 through 2023, there shall be 
        deposited in the Fund an amount equal to 50 percent of all 
        energy development revenues due and payable to the United 
        States from oil, gas, coal, or alternative or renewable energy 
        development on Federal land and water that would otherwise be 
        credited, covered, or deposited as miscellaneous receipts under 
        Federal law.
          ``(2) Maximum amount.--The amount deposited in the Fund under 
        paragraph (1) shall not exceed $1,300,000,000 for any fiscal 
        year.
          ``(3) Effect on other revenues.--Nothing in this section 
        affects the disposition of revenues that--
                  ``(A) are due to the United States, special funds, 
                trust funds, or States from mineral and energy 
                development on Federal land and water; or
                  ``(B) have been otherwise appropriated under Federal 
                law, including the Gulf of Mexico Energy Security Act 
                of 2006 (43 U.S.C. 1331 note; Public Law 109-432), the 
                Mineral Leasing Act (30 U.S.C. 181 et seq.), and 
                chapter 2003.
    ``(d) Availability of Funds.--Amounts deposited in the Fund shall 
be available to the Secretary without further appropriation or fiscal 
year limitation.
    ``(e) Investment of Amounts.--
          ``(1) In general.--The Secretary may request the Secretary of 
        the Treasury to invest any portion of the Fund that is not, as 
        determined by the Secretary, required to meet the current needs 
        of the Fund.
          ``(2) Requirement.--An investment requested under paragraph 
        (1) shall be made by the Secretary of the Treasury in a public 
        debt security--
                  ``(A) with a maturity suitable to the needs of the 
                Fund, as determined by the Secretary; and
                  ``(B) bearing interest at a rate determined by the 
                Secretary of the Treasury, taking into consideration 
                current market yields on outstanding marketable 
                obligations of the United States of comparable 
                maturity.
          ``(3) Credits to fund.--The income on investments of the Fund 
        under this subsection shall be credited to, and form a part of, 
        the Fund.
    ``(f) Use of Funds.--Amounts in the Fund shall be used for the 
priority deferred maintenance needs of the Service, as determined by 
the Secretary, to carry out repair, restoration, or rehabilitation 
projects as follows:
          ``(1) Not less than 65 percent of amounts in the Fund shall 
        be allocated for non-transportation projects, including--
                  ``(A) historic structures, facilities, and other 
                historic assets;
                  ``(B) structures, facilities, and other nonhistoric 
                assets that relate directly to the visitor experience, 
                including--
                          ``(i) access, including making facilities 
                        accessible to visitors with disabilities;
                          ``(ii) health and safety; and
                          ``(iii) recreation; and
                  ``(C) administrative facilities, water and utility 
                systems, and employee housing.
          ``(2) The remaining amounts in the Fund may be allocated to 
        road, bridge, tunnel, or other transportation-related projects 
        that may be eligible for funding made available to the Service 
        through--
                  ``(A) the transportation program under section 203 of 
                title 23; or
                  ``(B) any similar Federal land highway program 
                administered by the Secretary of Transportation.
    ``(g) Prohibited Use of Funds.--No amounts in the Fund shall be 
used
          ``(1) for land acquisition;
          ``(2) to supplant discretionary funding made available for 
        the annually recurring facility operations, maintenance, and 
        construction needs of the Service; or
          ``(3) for bonuses for employees of the Federal Government 
        that are carrying out this section.
    ``(h) Submission of List of Projects to Congress.--As soon as 
practicable after the date of enactment of this section, the Secretary 
shall submit to the appropriate committees of Congress--
          ``(1) a list of each project that--
                  ``(A) as of the date of enactment of this section, is 
                identified by the Secretary as a highest-priority 
                deferred maintenance project of the Service; and
                  ``(B) as of the date of the report, is ready to be 
                commenced immediately; and
          ``(2) for any project identified under paragraph (1)(A) that 
        is not ready to be commenced immediately, a schedule for the 
        completion of all reviews with respect to the project 
        (including the preparation of any environmental documents and 
        historic preservation analyses) that are necessary to commence 
        the project immediately.
    ``(i) Submission to Congress.--The Secretary shall submit to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Representatives, as part 
of the annual budget submission of the President--
          ``(1) a report that describes, and provides an explanation 
        for, any cost overruns or delays relating to deferred 
        maintenance projects carried out using amounts from the Fund 
        for the previous fiscal year; and
          ``(2) a list of projects for which the amounts in the Fund 
        are allocated under this section, including a description and 
        cost-benefit analysis of each project, after considering the 
        list and schedules submitted under subsection (h).
    ``(j) Public Donations.
          ``(1) In general.--The Secretary and the Director may accept 
        public cash or in-kind donations that advance efforts--
                  ``(A) to reduce the deferred maintenance backlog of 
                the Service; and
                  ``(B) to encourage relevant public-private 
                partnerships.
          ``(2) Credits to fund.--Any cash donations accepted under 
        paragraph (1) shall be credited to, and form a part of, the 
        Fund.
          ``(3) Reporting.--Each donation received under paragraph (1) 
        that is used for, or directly related to, the reduction of the 
        deferred maintenance backlog of the Service shall be included 
        with the annual budget submission of the President to Congress.
    ``(k) Annual Reports.--Not later than 1 year after the date on 
which the first distributions are made from the Fund and annually 
thereafter, the Secretary shall submit to the appropriate committees of 
Congress a report that describes, with respect to each project provided 
amounts from the Fund during the period covered by the report--
          ``(1) any progress with respect to the project, including a 
        comparison of the progress with respect to other highest-
        priority deferred maintenance projects of the Service;
          ``(2) the expenditure of amounts from the Fund with respect 
        to the project; and
          ``(3) the projected cyclic maintenance needs of the project 
        on completion of the project.''.
    (b) Clerical Amendment.--The table of sections for chapter 1049 of 
title 54, United States Code, is amended by adding at the end the 
following:

``104908. National Park Service Legacy Restoration Fund.''.

SEC. 3. GAO STUDY.

    Not later than 2 years after the date of enactment of this Act, the 
Comptroller General of the United States shall--
          (1) conduct a study with respect to the implementation of the 
        National Park Service Legacy Restoration Fund under section 
        104908 of title 54, United States Code (as added by section 
        2(a)) (referred to in this section as the ``Fund''), including 
        whether the Director of the National Park Service is, with 
        respect to projects carried out using amounts from the Fund--
                  (A) properly estimating the cost for those projects;
                  (B) adhering to time schedules and cost projections 
                for those projects;
                  (C) properly prioritizing deferred maintenance 
                projects; and
                  (D) properly moving completed projects off of the 
                high-priority deferred maintenance list of the National 
                Park Service in a timely manner; and
          (2) submit to Congress a report that describes the results of 
        the study under paragraph (1).

                                Purpose

    The purpose of S. 3172 is 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 (NPS).

                          Background and Need

    On August 25, 1916, President Woodrow Wilson signed into 
law legislation commonly known as the Organic Act (Public Law 
64-235, 39 Stat. 535; 54 U.S.C. 100101, 100301) establishing 
the NPS. The NPS administers the National Park System with an 
overarching purpose established in the Organic Act: ``to 
conserve the scenery and the natural and historic objects and 
the wild life therein and to provide for the enjoyment of the 
same in such manner and by such means as will leave them 
unimpaired for the enjoyment of future generations.'' Since the 
establishment of the NPS, the National Park System has expanded 
from 35 national parks and monuments to 417 units encompassing 
more than 84 million acres in every State, the District of 
Columbia, American Samoa, Guam, Puerto Rico, and the U.S. 
Virgin Islands.
    The National Park System is comprised of 28 different types 
of units or designations, including national parks, preserves, 
monuments, battlefields, military parks, historical parks, 
historic sites, lakeshores, seashores, recreation areas, 
parkways, reserves, and scenic rivers and trails. The NPS also 
administers other programs that assist State, local, and tribal 
governments and private organizations and help protect the 
nation's history, culture, recreational opportunities, and 
natural sites, including the National Register of Historic 
Places, National Heritage Areas, National Wild and Scenic 
Rivers, National Historic Landmarks, National Trails, and the 
Rivers, Trails, and Conservation Assistance Program.
    Annual visitation to units of the National Park System has 
risen from approximately 273 million visitors in 2006 to nearly 
331 million visitors in 2017, an increase of almost 58 million 
visitors. At the same time, park staffing levels have decreased 
slightly over the same period. The NPS has noted that increased 
attendance at parks over the years leading up to the Centennial 
celebrations put additional strain on park infrastructure. 
Meeting its mission of ``preserv[ing] unimpaired the natural 
and cultural resources and values of the National Park System 
for the enjoyment, education, and inspiration of this and 
future generations'' has become increasingly challenging for 
the agency given these constraints.
    The NPS defines deferred maintenance (DM) as maintenance 
that was not done as scheduled or as needed. The ``list'' or 
estimate of items to be completed in the DM category are 
generally referred to as the ``maintenance backlog.'' As of 
September 30, 2017, this amount was estimated at $11.6 billion 
for all park units nationwide. Although all federal land 
management agencies have some DM, the NPS has the largest 
backlog.
    With a total estimated DM backlog of $11.6 billion, the NPS 
generally categorizes these needs into transportation (paved 
roads and structures) and non-transportation needs. Currently, 
the backlog is nearly evenly split between these two 
categories, with $5.9 billion in the transportation-related 
category, which includes items like bridges, tunnels, paved 
parking areas, and paved roads and roadways. The other portion, 
or all other facilities, includes items like buildings, 
housing, campgrounds, waste water systems, water systems, 
monuments, towers, and interpretive media.
    Unmet DM may damage park resources, compromise visitors' 
experiences in the parks, and jeopardize safety. For these 
reasons, NPS DM has been a topic of concern for Congress and 
for nonfederal stakeholders. The congressionally-chartered 
National Park Foundation and local cooperating associations and 
friends groups also provide significant financial support to 
park units across the system. In addition to raising funds from 
philanthropic organizations, the NPS also uses hundreds of 
thousands of volunteers, whom have collectively volunteered 
millions of hours of service each year. These volunteers, just 
like friends groups, often work on DM needs. Finally, the NPS 
uses public-private partnerships and historic leasing 
authorities as a means to address the DM in some park units.
    Annual appropriations have historically lagged below the 
annual DM amount reported to Congress. In recent years, 
Congress has undertaken a number of efforts to increase non-
appropriated funding to address the NPS DM issue. These include 
the National Park Service Centennial Act (Public Law 114-289), 
which created a Centennial Challenge Fund and Second Century 
Endowment; Public Law 113-40 that provided mandatory funding 
from federal Helium sales for DM over two years; Public Law 
113-235 that increased the authorization of appropriations 
ceiling for the Volunteers in Parks program, and Public Law 
113-291, which provided a new means of enhancing private 
funding through donor recognition and the issuance of a 
commemorative coin to recognize the NPS Centennial.
    Despite all of these efforts, the NPS DM backlog has 
continued to grow over time. As such, this issue has garnered 
significant interest from both the Administration and Members 
of Congress. The President's FY 2019 Budget includes a proposal 
for a Public Lands Infrastructure Fund to fund deferred 
maintenance needs in the National Park System, along with 
National Wildlife Refuges and Bureau of Indian Education 
Schools.

                          Legislative History

    S. 3172 was introduced by Senators Portman, Warner, 
Alexander, and King on June 28, 2018. The National Parks 
Subcommittee held a hearing on S. 3172 on July 11, 2018.
    During the 114th Congress, the Committee reported S. 2012, 
the Energy Policy Modernization Act of 2016 (S. Rept. 114-138). 
Section 5001 of that bill established a National Park Service 
Maintenance and Revitalization Conservation Fund and credited 
it with $150 million annually from revenues from Outer 
Continental Shelf oil and gas development. S. 2012 passed the 
Senate on a vote of 85-12 on April 20, 2016.
    Identical language has been included in the 115th Congress 
in S. 1460, the Energy and Natural Resources Act of 2017, 
sponsored by Senators Murkowski and Cantwell. S. 1460 was 
placed on the Senate Calendar under Rule 14 on June 29, 2017 
(Cal. 162).
    Also during the 115th Congress, a number of bills were 
filed in both the Senate and the House of Representatives that 
would work to reduce the maintenance backlog of the NPS. S. 
3172, which was filed on June 28, 2018, by Senators Portman, 
Warner, Alexander, and King, includes language and concepts 
from several of these bills.
    At its business meeting on October 2, 2018, the Committee 
on Energy and Natural Resources, on a recorded vote, ordered S. 
3172 favorably reported as amended.

            Committee Recommendation and Tabulation of Votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on October 2, 2018, by a majority vote of 
a quorum present, recommends that the Senate pass S. 3172, if 
amended as described herein.
    The roll call vote on reporting the measure was 19 yeas, 4 
nays, as follows:

        YEAS                          NAYS
Ms. Murkowski                       Mr. Barrasso
Mr. Flake*                          Mr. Risch*
Mr. Daines                          Mr. Lee
Mr. Gardner                         Mr. Cassidy*
Mr. Alexander
Mr. Hoeven*
Mr. Portman
Ms. Capito
Ms. Cantwell
Mr. Wyden*
Mr. Sanders*
Ms. Stabenow*
Mr. Manchin
Mr. Heinrich
Ms. Hirono
Mr. King
Ms. Duckworth*
Ms. Cortez Masto
Ms. Smith

*Indicates vote by proxy.

                          Committee Amendment

    During its consideration of S. 3172, the Committee adopted 
an amendment in the nature of the substitute offered by Senator 
Portman, which makes several changes to the legislation. These 
changes include adding a definitions section (subsection a); 
clarifying the language in the ``deposits'' section to better 
define the revenues to be deposited in the Fund; change from 
``high-priority'' to ``priority'' deferred maintenance needs in 
the ``Use of Funds'' section, as well as an additional 
descriptor of repair, restoration, or rehabilitation projects 
in this section; the creation of a floor of not less than 65 
percent of the amount of the amounts in the Funds to be 
allocated for non-transportation projects; rather than a strict 
65/35 split on transportation/non-transportation projects, the 
new language allows the Secretary, at their discretion, to use 
remaining funds, beyond the floor of 65 percent, on 
transportation related projects, should they so choose; the 
addition of the prohibition of bonuses for employees of the 
Federal Government to the Prohibited Use of Funds section; 
striking the original project approval language to avoid 
constitutional concerns and replacing it with a new 
``Submission to Congress'' section.
    The Committee further adopted second degree amendments 
during the hearing that impose additional reporting 
requirements on the Secretary. These amendments include a 
requirement to submit to relevant Congressional committees, as 
soon as practicable upon enactment, a list of each project that 
is identified by the Secretary as highest--priority deferred 
maintenance, and as of the date of the report, is ready to 
begin work, and for any project that may experience delays, a 
schedule for completion including a timeframe for necessary 
compliance work. An additional second degree amendment was 
adopted that requires the Secretary to submit to relevant 
Congressional committees, as part of the annual budget, 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 a list of projects for which the amounts in the Fund 
are allocated, including a description and a cost-benefit 
analysis of each project. The Committee further adopted a 
second degree amendment which requires that, not later than one 
year after the date on which the first distributions are made 
from the Fund and annually thereafter, the Secretary submit to 
the appropriate Congressional committees a report describing 
the amounts provided from the National Park Service Legacy 
Restoration Fund (Fund) for each project for the period 
covered, as well as any progress made on the project, including 
a comparison of the progress with respect to other highest-
priority deferred maintenance projects of the Service, and the 
projected cyclic maintenance needs of the project upon 
completion. Finally, the Committee adopted a second degree 
amendment that requires the Comptroller General of the United 
States, not later than two years after enactment, to conduct a 
study with respect to implementation of the Fund, including 
whether the Director of the Park Service is, with respect to 
projects carried out using amounts from the Fund, properly 
estimating the cost for projects, adhering to time schedules 
and cost projections, properly prioritizing deferred 
maintenance projects, and properly moving completed projects 
off of the high-priority deferred maintenance list of the NPS 
in a timely manner.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 contains the short title.

Sec. 2. National Park Service Legacy Restoration Fund

    Subsection (a) amends chapter 1049 of title 54, United 
States Code, by adding a new section at the end. This new 
section 104908 would establish the National Park Service Legacy 
Restoration Fund as follows:
    New subsection (a) contains key definitions.
    New subsection (b) establishes in the Treasury of the 
United States a fund, to be known as the ``National Park 
Service Legacy Restoration Fund'' (Fund).
    New subsection (c) provides that for each of fiscal years 
2019 through 2023, an amount would be deposited into the Fund 
equal to 50 percent of all federal energy development revenues 
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. The amount deposited into the Fund shall not 
exceed $1,300,000,000 for any fiscal year. Nothing credited to 
the Fund shall affect the disposition of revenues that have 
otherwise been appropriated under Federal law, including 
special funds, trust funds, or States from mineral and energy 
development on Federal land and water; or have been otherwise 
appropriated under Federal law, including the Gulf of Mexico 
Energy Security Act of 2006, the Mineral Leasing Act, and the 
Land and Water Conservation Fund.
    New subsection (d) provides that amounts deposited in the 
Fund shall be available to the Secretary of the Interior 
(Secretary) without further appropriation or fiscal year 
limitation.
    New subsection (e) allows the Secretary to 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. Any investment requested by the 
Secretary shall be made by the Secretary of the Treasury in a 
public debt security with a maturity date suitable to the needs 
of the fund, as determined by the Secretary; and 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. The income on investments of the Fund shall be 
credited to, and become part of, the Fund.
    New subsection (f) provides that amounts in the Fund shall 
be used for the high priority deferred maintenance needs of the 
NPS, as determined by the Secretary, to carry out repair, 
restoration, or rehabilitation projects. Not less than 65 
percent of amounts in the Fund shall be allocated for non-
transportation projects, including historic structures, 
facilities, and other assets; access, including making 
facilities accessible to visitors with disabilities; health and 
safety; recreation; and administrative facilities, water and 
utility systems; and employee housing. 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 NPS through the transportation 
program under section 203 of title 23; or any similar Federal 
land highway program administered by the Secretary of 
Transportation.
    New subsection (g) prohibits amounts in the Fund from being 
used for land acquisition; to supplant discretionary funding 
made available for the annually recurring facility operations, 
maintenance, and construction needs of the NPS; or for bonuses 
of employees of the Federal government that are carrying out 
this Fund.
    New subsection (h) requires, as soon as practicable upon 
enactment, the Secretary submit to the appropriate committees 
of Congress a list of each project that, as of the date of 
enactment of this section, is identified by the Secretary as a 
highest-priority deferred maintenance project of the NPS; and 
as of the date of the report, is ready to be commenced 
immediately. For any project that is not ready for immediate 
commencement, the Secretary shall submit 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 begin 
immediately.
    New subsection (i) requires the Secretary to submit to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Representatives, 
as a part of the annual budget submission of the President, 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 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.
    New subsection (j) authorizes the Secretary and the 
Director of the NPS to accept public cash or in-kind donations 
that advance public efforts to reduce the deferred maintenance 
backlog of the NPS and encourage relevant public-private 
partnerships. Any cash donations accepted under this authority 
shall be credited to, and become a part of, the Fund. Each 
donation received under this authority that is used for, or 
directly related to, the reduction of the deferred maintenance 
backlog of the National Park Service shall be included with the 
annual budget submission of the President to Congress.
    New subsection (k) requires the Secretary, not later than 
one year after the date on which the first distributions are 
made from the Fund and annually thereafter, to submit to the 
appropriate Congressional committees a report that describes, 
with respect to each project provided amounts from the Fund in 
the period covered by the report, any progress with respect to 
the project, including a comparison of the progress with 
respect to other highest-priority deferred maintenance projects 
of the National Park Service; the expenditure of amounts from 
the Fund with respect to the project; and the projected cyclic 
maintenance needs of the project upon completion.
    Subsection (b) amends the table of sections for chapter 
1049 of title 54, United States Code, by adding ``104908. 
National Park Service Legacy Restoration Fund.'' at the end.

Sec. 3. GAO Study

    Section 3 authorizes the Comptroller General of the United 
States, not later than two years after the date of enactment of 
the Act, to conduct a study with respect to the implementation 
of the Fund, including whether the Director of the NPS is, with 
respect to projects carried out using amounts from the Fund, 
properly estimating the cost for those projects; adhering to 
time schedules and cost projections for those projects; and 
properly moving completed projects off of the high-priority 
deferred maintenance list of the National Park Service in a 
timely manner. The Comptroller General shall submit a report to 
Congress that describes the results of this study in a timely 
manner.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:
    Summary: S. 3172 would require that proceeds from certain 
leases involving energy resources on public lands be deposited 
into a new fund in the Treasury. Under the bill, the National 
Park Service (NPS) could spend amounts in the fund without 
further appropriation, including interest credited to unspent 
balances, on deferred maintenance and infrastructure projects. 
The NPS also could accept and spend any cash or in-kind 
donations received from the public for such projects. CBO 
estimates that enacting S. 3172 would increase net direct 
spending by $6.4 billion over the 2019-2028 period.
    The bill also would require the Government Accountability 
Office to report on the NPS's use of the fund. CBO estimates 
implementing that provision would cost less than $500,000; such 
spending would be subject to the availability of appropriated 
funds.
    Because enacting the bill would affect direct spending, 
pay-as-you-go procedures apply. The bill would not affect 
revenues.
    CBO also estimates that enacting S. 3172 would not increase 
net direct spending or on-budget deficits by more than $5 
billion in any of the four consecutive 10-year periods 
beginning in 2029.
    S. 3172 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of S. 3172 is shown in the following table. 
The costs of the legislation fall within budget function 300 
(natural resources and the environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   By fiscal year, in millions of dollars--
                                                    ----------------------------------------------------------------------------------------------------
                                                      2019    2020    2021    2022    2023    2024   2025    2026    2027    2028   2019-2023  2019-2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              INCREASES IN DIRECT SPENDING
 
Estimated Budget Authority.........................   1,300   1,333   1,373   1,409   1,422    122      92      66      39      19     6,837      7,175
Estimated Outlays..................................       0      26      92     289     622    963   1,221   1,248   1,112     794     1,029      6,397
--------------------------------------------------------------------------------------------------------------------------------------------------------
S. 3172 would require the Government Accountability Office to conduct a study. CBO estimates implementing that provision would cost less than $500,000;
  such spending would be subject to the availability of appropriated funds.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the start of 2019.
    CBO estimates that enacting S. 3172 would make $7.2 billion 
in new budget authority available to the NPS for deferred 
maintenance and infrastructure projects; resulting outlays 
would total $6.4 billion over the 2019-2028 period. Those funds 
would be available to the NPS without further appropriation.

Energy leases

    S. 3172 would establish the National Park Service Legacy 
Restoration Fund in the Treasury and would deposit 50 percent 
of the proceeds received from federal offshore and onshore 
energy leases over the 2019-2023 period into that fund, subject 
to an annual limit of $1.3 billion. Amounts in the fund would 
be available to the NPS for infrastructure projects, subject to 
various conditions, including a requirement that amounts 
available under current law for revenue sharing with states and 
other purposes not be affected.
    CBO estimates that future proceeds from energy leases would 
be sufficient to allow $1.3 billion to be deposited into the 
fund each fiscal year from 2019 through 2023. In CBO's April 
2018 baseline, CBO projects that gross offsetting receipts from 
offshore and onshore leases will total about $40 billion over 
that five-year period. CBO estimates that approximately 55 
percent of the gross receipts collected in 2018 will be 
distributed to states or allocated for other purposes under 
current law. Although that percentage could change, CBO 
anticipates that there will be more than the bill's limit of 
$1.3 billion available, so that the maximum amount would be 
deposited each year.\1\
---------------------------------------------------------------------------
    \1\The amounts deposited into the fund could be affected by factors 
(such as the mix of leases for offshore and onshore activities, which 
are distributed differently under current law) or by policy changes 
(for example, the authority to transfer certain proceeds from energy 
leases to the Land and Water Conservation Fund expired at the end of 
fiscal year 2018.
---------------------------------------------------------------------------

Intragovernmental interest

    S. 3172 would authorize the NPS to spend any interest 
credited to unspent balances in the fund. Under the bill, the 
Department of the Treasury would be authorized to pay interest 
on any balances that are not needed for current expenditures. 
Based on the projected spending patterns for the activities 
authorized by the bill (discussed below) and the economic 
assumptions underlying CBO's baseline projections, CBO 
estimates that implementing this provision would increase the 
amounts added to the fund by $675 million over the 2019-2028 
period.

Spendout of funds

    CBO expects that under S. 3172, amounts would be deposited 
into the fund at the end of a fiscal year and effectively would 
not be spent until the following year. Accordingly, CBO 
estimates that there would be no spending in 2019.
    Using information from the NPS, CBO expects that initially 
the agency would hire additional staff for project management, 
planning, and design work. The bill would require that not less 
than 65 percent of amounts in the fund to be allocated toward 
nontransportation projects; however, CBO anticipates that 
projects funded would include a mix of transportation, water 
and utility, and restoration and reconstruction projects.\2\ 
According to the NPS, the time from start to completion has 
ranged from 30 months (for smaller-scale projects) to five 
years (for transportation projects). Using information from the 
agency and based on historical spending patterns for similar 
activities, CBO estimates that spending from the fund would be 
comparatively slow in the early years and would peak over the 
2024-2027 period as larger-scale projects were completed. Most 
projects would be completed by 2028, however we expect that the 
NPS would continue to spend any remaining balances in the fund 
after 2028.
---------------------------------------------------------------------------
    \2\The costs of individual projects depend on type and scale. For 
example, the NPS estimated the cost of deferred maintenance along the 
George Washington Memorial Parkway near Washington, D.C., at about $475 
million in 2015. (See Government Accountability Office, National Park 
Service: Process Exists for Prioritizing Asset Maintenance Decisions, 
but Evaluation Could Improve Efforts, GAO-17-136, December 2016, 
www.gao.gov/products/GAO-17-136.) The estimated cost to rehabilitate a 
campground at Yosemite National Park is $1 million. More information 
about the NPS's projects is included in Department of the Interior, 
Budget Justifications and Performance Information: Fiscal Year 2019, 
National Park Service (February 2018), www.doi.gov/bpp/budget-
justifications.
---------------------------------------------------------------------------

Donations

    S. 3172 would authorize the NPS to accept cash and in-kind 
donations; such collections are treated as reductions in direct 
spending. The donations would become part of the special fund 
and would be available to spend without further appropriation. 
CBO expects that donations would be offset by expenditures and 
that the net effect on direct spending would be negligible.
    Uncertainty: CBO aims to produce cost estimates that 
generally reflect the middle of a range of the most likely 
budgetary outcomes that would result if the legislation was 
enacted. Spending could be higher or lower for several reasons:
     Prices or quantities of energy resources produced 
on federal lands could be significantly lower in the future 
than what CBO estimated in its baseline projections; in that 
case less money would be available for the infrastructure 
projects authorized by the bill. (If prices or quantities 
produced were significantly higher, no more money would be 
available for infrastructure projects because the amount that 
can be deposited into the fund is capped at $1.3 billion each 
year through 2023.)
     The number, type, and scale of projects pursued by 
the NPS could be different than CBO estimated, so spending from 
the fund each year could be different.
     Finally, the amount of interest that would be 
credited to the fund could be different if the amount of 
deposits and spending as discussed in the first two points were 
different and if interest rates differ from the projections in 
CBO's baseline.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in the following table.

     CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 3172, THE RESTORE OUR PARKS ACT, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON ENERGY AND NATURAL
                                                              RESOURCES ON OCTOBER 2, 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        By fiscal year, in millions of dollars--
                                                              ------------------------------------------------------------------------------------------
                                                                                                                                           2019-   2019-
                                                                2019   2020   2021   2022   2023   2024    2025    2026    2027    2028    2023    2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET INCREASE IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact...............................      0     26     92    289    622     963   1,221   1,248   1,112     794   1,029   6,397
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term direct spending and deficits: CBO 
estimates that enacting S. 3172 would not increase net direct 
spending or on-budget deficits by more than $5 billion in any 
of the four consecutive 10-year periods beginning in 2029.
    Mandates: S. 3172 contains no intergovernmental or private-
sector mandates as defined in UMRA.
    Previous CBO Estimate: On October 12, 2018, CBO transmitted 
a cost estimate for H.R. 6510, the Restore Our Parks and Public 
Lands Act, as ordered reported by the House Committee on 
Natural Resources on September 13, 2018. CBO estimates that 
enacting H.R. 6510 would increase direct spending by $6.5 
billion over the 2019-2028 period. The bills contain similar 
provisions; however, under H.R. 6510, amounts in the fund would 
be available for spending by other agencies within the 
Department of the Interior in addition to the NPS. Because 
CBO's estimated rate of spending is different for the other 
agencies, CBO's estimates of direct spending over the 2019-2028 
period differ.
    Estimate prepared by: Federal Costs: Janani Shankaran 
(National Park Service), Kathleen Gramp (energy receipts); 
Mandates: Zachary Byrum.
    Estimate reviewed by: Kim P. Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis; Theresa Gullo, 
Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 3172. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 3172, as ordered reported.

                   Congressionally Directed Spending

    S. 3172, as ordered reported, does not contain 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Department of the Interior at 
the July 11, 2018, hearing on S. 3172 follows:

      Statement of Lena McDowall, Deputy Director, Management and 
 Administration, National Park Service, U.S. Department of the Interior

    Chairman Daines, Ranking Member King, and members of the 
Subcommittee, thank you for the opportunity to present the 
Department of the Interior's views on S. 3172, the Restore Our 
Parks Act.
    The Department supports S. 3172, which builds upon the 
collective efforts of Senators Portman, Warner, Alexander, and 
King. We appreciate that this bill combines the elements of 
both S. 751, the National Park Service Legacy Act, and S. 2509, 
the National Park Restoration Act, to accomplish the goal of 
providing mandatory funding to address the National Park 
Service's (NPS) deferred maintenance backlog and closely aligns 
with the Administration's Fiscal Year 2019 budget proposal to 
establish a dedicated fund.
    S. 3172 would establish a separate account within the 
United States Treasury called the National Park Service Legacy 
Restoration Fund. This funding will help substantially reduce 
the NPS $11.6 billion deferred maintenance backlog. Deposits to 
the Fund are authorized up to $1.3 billion per year for five 
years through Fiscal Year 2023, and could total $6.5 billion if 
full funding is achieved each year. The bill requires 65% of 
funds to be used for buildings, utilities, and visitor 
facilities and 35% to be used for transportation projects. 
Along with the annual funding NPS receives from the Federal 
Highway Administration, this would provide greater 
transportation/non-transportation parity in funding, to 
approximately 50-50. Funds would come from all sources of 
federal energy development revenues, including both renewable 
and conventional sources (oil, gas, and coal), and not from 
taxpayer dollars. This aligns with the Administration's ``all-
of-the-above'' energy strategy.
    The National Park Service Legacy Restoration Fund would not 
change or modify established revenue sharing payments to the 
States under the Mineral Leasing Act (MLA), the Gulf of Mexico 
Energy Security Act (GOMESA), or other statutes, nor would it 
affect deposits to other established funds, such as the 
Reclamation Fund, the Land and Water Conservation Fund (LWCF), 
or other dedicated uses of onshore and offshore revenues. These 
existing uses would receive all of their dedicated funding 
before the Fund receives anything. After all existing 
obligations are met, fifty percent of the revenue that would 
otherwise be deposited as miscellaneous receipts will be 
deposited into the Fund to address the NPS maintenance backlog.
    The Fund also allows for public donations in the form of 
cash or in-kind donations. This allows the NPS to expand and 
encourage relevant public-private partnerships that work 
towards the reduction of the deferred maintenance backlog.
    The Fund would be available for use, without further 
appropriation or fiscal year limitations, for the high-priority 
deferred maintenance needs that support critical infrastructure 
and visitor services, as determined by the Secretary of the 
Interior and the Director of the NPS. Funding could not be used 
for the acquisition of land. The bill also requires annual 
updates and reporting to Congress on the projects funded each 
year.
    Currently, appropriated funds are the primary source of 
funding for deferred maintenance. However, as Secretary Zinke 
indicated earlier this year before the Senate Energy and 
Natural Resources Committee, we cannot rely solely on 
appropriated dollars to address this problem. Without a 
dedicated funding source, the deferred maintenance backlog will 
continue to grow. The backlog of projects at our national parks 
impacts park visitors' access, recreational opportunities, and 
experiences. The network of roads, trails, restrooms, water 
treatment systems, drinking water, and visitor centers are 
aging and are exceeding a capacity they were often never 
designed to hold and support.
    We greatly appreciate the effort of this Committee, 
Chairman Daines, Ranking Member King, Senators Alexander, 
Warner, and Portman and all your colleagues in Congress who 
have sought to craft real solutions to our maintenance backlog 
and we look forward to working together with you as the bill is 
refined through the legislative process. The legislation we are 
discussing today reflects a bipartisan approach that the 
Administration believes is necessary to achieve our goals.
    Mr. Chairman, this concludes my statement. I would be 
pleased to answer any questions you or other members of the 
Subcommittee may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the original bill, as reported, are shown as follows (existing 
law proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

          TITLE 54--NATIONAL PARK SERVICE AND RELATED PROGRAMS

                   Subtitle I--National Park Service

DIVISION A--ESTABLISHMENT AND GENERAL ADMINISTRATION

           *       *       *       *       *       *       *



                      CHAPTER 1049--MISCELLANEOUS

Sec.
104901. Central warehouses at System units.
104902. Services or other accommodations for public.
104903. Care, removal, and burial of indigents.
104904. Hire of work animals, vehicles, and equipment with or without 
          personal services.
104905. Preparation of mats for reproduction of photographs.
104906. Protection of right of individuals to bear arms.
104907. Limitation on extension or establishment of national parks in 
          Wyoming.
104908. National Park Service Legacy Restoration Fund.

           *       *       *       *       *       *       *


``Sec. 104908. National park service legacy restoration fund

    ``(a) Definitions.--In this section:
          ``(1) Fund.--The term `Fund' means the National Park 
        Service Legacy Restoration Fund established by 
        subsection (b).
          ``(2) Project.--The term `project' means the overall 
        plan of remediation of deferred maintenance for an 
        asset, which may include resolving directly related 
        infrastructure deficiencies of the asset.
    ``(b) Establishment.--There is established in the Treasury 
of the United States a fund, to be known as the `National Park 
Service Legacy Restoration Fund'.
    ``(c) Deposits.--
          ``(1) In general.--Except as provided in paragraph 
        (2), for each of fiscal years 2019 through 2023, there 
        shall be deposited in the Fund an amount equal to 50 
        percent of all energy development revenues due and 
        payable to the United States from oil, gas, coal, or 
        alternative or renewable energy development on Federal 
        land and water that would otherwise be credited, 
        covered, or deposited as miscellaneous receipts under 
        Federal law.
          ``(2) Maximum amount.--The amount deposited in the 
        Fund under paragraph (1) shall not exceed 
        $1,300,000,000 for any fiscal year.
          ``(3) Effect on other revenues.--Nothing in this 
        section affects the disposition of revenues that--
                  ``(A) are due to the United States, special 
                funds, trust funds, or States from mineral and 
                energy development on Federal land and water; 
                or
                  ``(B) have been otherwise appropriated under 
                Federal law, including the Gulf of Mexico 
                Energy Security Act of 2006 (43 U.S.C. 1331 
                note; Public Law 109-432), the Mineral Leasing 
                Act (30 U.S.C. 181 et seq.), and chapter 2003.
    ``(d) Availability of Funds.--Amounts deposited in the Fund 
shall be available to the Secretary without further 
appropriation or fiscal year limitation.
    ``(e) Investment of Amounts.--
          ``(1) In general.--The Secretary may request the 
        Secretary of the Treasury to invest any portion of the 
        Fund that is not, as determined by the Secretary, 
        required to meet the current needs of the Fund.
          ``(2) Requirement.--An investment requested under 
        paragraph (1) shall be made by the Secretary of the 
        Treasury in a public debt security--
                  ``(A) with a maturity suitable to the needs 
                of the Fund, as determined by the Secretary; 
                and
                  ``(B) bearing interest at a rate determined 
                by the Secretary of the Treasury, taking into 
                consideration current market yields on 
                outstanding marketable obligations of the 
                United States of comparable maturity.
          ``(3) Credits to fund.--The income on investments of 
        the Fund under this subsection shall be credited to, 
        and form a part of, the Fund.
    ``(f) Use of Funds.--Amounts in the Fund shall be used for 
the priority deferred maintenance needs of the Service, as 
determined by the Secretary, to carry out repair, restoration, 
or rehabilitation projects as follows:
          ``(1) Not less than 65 percent of amounts in the Fund 
        shall be allocated for non-transportation projects, 
        including--
                  ``(A) historic structures, facilities, and 
                other historic assets;
                  ``(B) structures, facilities, and other 
                nonhistoric assets that relate directly to the 
                visitor experience, including--
                          ``(i) access, including making 
                        facilities accessible to visitors with 
                        disabilities;
                          ``(ii) health and safety; and
                          ``(iii) recreation; and
                  ``(C) administrative facilities, water and 
                utility systems, and employee housing.
          ``(2) The remaining amounts in the Fund may be 
        allocated to road, bridge, tunnel, or other 
        transportation-related projects that may be eligible 
        for funding made available to the Service through--
                  ``(A) the transportation program under 
                section 203 of title 23; or
                  ``(B) any similar Federal land highway 
                program administered by the Secretary of 
                Transportation.
    ``(g) Prohibited Use of Funds.--No amounts in the Fund 
shall be used--
          ``(1) for land acquisition;
          ``(2) to supplant discretionary funding made 
        available for the annually recurring facility 
        operations, maintenance, and construction needs of the 
        Service; or
          ``(3) for bonuses for employees of the Federal 
        Government that are carrying out this section.
    ``(h) Submission of List of Projects to Congress.--As soon 
as practicable after the date of enactment of this section, the 
Secretary shall submit to the appropriate committees of 
Congress--
          ``(1) a list of each project that--
                  ``(A) as of the date of enactment of this 
                section, is identified by the Secretary as a 
                highest-priority deferred maintenance project 
                of the Service; and
                  ``(B) as of the date of the report, is ready 
                to be commenced immediately; and
          ``(2) for any project identified under paragraph 
        (1)(A) that is not ready to be commenced immediately, a 
        schedule for the completion of all reviews with respect 
        to the project (including the preparation of any 
        environmental documents and historic preservation 
        analyses) that are necessary to commence the project 
        immediately.
    ``(i) Submission to Congress.--The Secretary shall submit 
to the Committee on Energy and Natural Resources of the Senate 
and the Committee on Natural Resources of the House of 
Representatives, as part of the annual budget submission of the 
President--
          ``(1) a report that describes, and provides an 
        explanation for, any cost overruns or delays relating 
        to deferred maintenance projects carried out using 
        amounts from the Fund for the previous fiscal year; and
          ``(2) a list of projects for which the amounts in the 
        Fund are allocated under this section, including a 
        description and cost-benefit analysis of each project, 
        after considering the list and schedules submitted 
        under subsection (h).
    ``(j) Public Donations.--
          ``(1) In general.--The Secretary and the Director may 
        accept public cash or in-kind donations that advance 
        efforts--
                  ``(A) to reduce the deferred maintenance 
                backlog of the Service; and
                  ``(B) to encourage relevant public-private 
                partnerships.
          ``(2) Credits to fund.--Any cash donations accepted 
        under paragraph (1) shall be credited to, and form a 
        part of, the Fund.
          ``(3) Reporting.--Each donation received under 
        paragraph (1) that is used for, or directly related to, 
        the reduction of the deferred maintenance backlog of 
        the Service shall be included with the annual budget 
        submission of the President to Congress.
    ``(k) Annual Reports.--Not later than 1 year after the date 
on which the first distributions are made from the Fund and 
annually thereafter, the Secretary shall submit to the 
appropriate committees of Congress a report that describes, 
with respect to each project provided amounts from the Fund 
during the period covered by the report--
          ``(1) any progress with respect to the project, 
        including a comparison of the progress with respect to 
        other highest-priority deferred maintenance projects of 
        the Service;
          ``(2) the expenditure of amounts from the Fund with 
        respect to the project; and
          ``(3) the projected cyclic maintenance needs of the 
        project on completion of the project.''.

           *       *       *       *       *       *       *


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