II
Calendar No. 438
116TH CONGRESS
2D SESSION
S. 3422
To amend title 54, United States Code, to establish, fund, and provide
for the use of amounts in a National Parks and Public Land Legacy
Restoration Fund to address the maintenance backlog of the National
Park Service, the United States Fish and Wildlife Service, the Bureau
of Land Management, the Forest Service, and the Bureau of Indian
Education, and to provide permanent, dedicated funding for the Land
and Water Conservation Fund, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 9, 2020
Mr. GARDNER (for himself, Mr. MANCHIN, Mr. DAINES, Mr. WARNER, Mr.
PORTMAN, Ms. CANTWELL, Mr. ALEXANDER, Mr. KING, Mr. BURR, Mr.
TESTER, Ms. COLLINS, Mr. UDALL, Mr. BOOZMAN, Mr. SCHUMER, Mr.
BLUNT, Ms. HARRIS, Mrs. CAPITO, Mr. PETERS, Mr. TILLIS, Ms. BALD-
WIN, Ms. MCSALLY, Mr. CASEY, Mr. GRAHAM, Mr. HEINRICH, Mr. BEN-
NET, Mrs. FEINSTEIN, Mr. SANDERS, Mr. BOOKER, Ms. CORTEZ MASTO,
Mr. MERKLEY, Mr. WYDEN, Mr. KAINE, Ms. SINEMA, Ms. ROSEN, Mr.
COONS, Ms. SMITH, Ms. HASSAN, Mrs. GILLIBRAND, Mrs. MURRAY, Mr.
DURBIN, Mrs. SHAHEEN, Mr. BLUMENTHAL, Mr. JONES, Mr. VAN HOL-
LEN, Mr. MENENDEZ, Mr. CARDIN, Mr. BROWN, Ms. HIRONO, Ms. WAR-
REN, Mr. MURPHY, Ms. KLOBUCHAR, Ms. DUCKWORTH, Ms. STABENOW,
Mr. LEAHY, Mr. MCCONNELL, Mr. MARKEY, and Mr. ROBERTS) intro-
duced the following bill; which was read the first time
MARCH 10, 2020
Read the second time and placed on the calendar
A BILL
To amend title 54, United States Code, to establish, fund,
and provide for the use of amounts in a National Parks
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•S 3422 PCS
and Public Land Legacy Restoration Fund to address
the maintenance backlog of the National Park Service,
the United States Fish and Wildlife Service, the Bureau
of Land Management, the Forest Service, and the Bu-
reau of Indian Education, and to provide permanent,
dedicated funding for the Land and Water Conservation
Fund, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Great American Out-
4
doors Act’’.
5
SEC. 2. NATIONAL PARKS AND PUBLIC LAND LEGACY RES-
6
TORATION FUND.
7
(a) IN GENERAL.—Subtitle II of title 54, United
8
States Code, is amended by inserting after chapter 2003
9
the following:
10
‘‘CHAPTER 2004—NATIONAL PARKS AND
11
PUBLIC LAND LEGACY RESTORATION
12
FUND
13
‘‘Sec.
‘‘200401. Definitions.
‘‘200402. National Parks and Public Land Legacy Restoration Fund.
‘‘§ 200401. Definitions
14
‘‘In this chapter:
15
‘‘(1) ASSET.—The term ‘asset’ means any real
16
property, including any physical structure or group-
17
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ing of structures, landscape, trail, or other tangible
1
property, that—
2
‘‘(A) has a specific service or function; and
3
‘‘(B) is tracked and managed as a distinct,
4
identifiable entity by the applicable covered
5
agency.
6
‘‘(2) COVERED
AGENCY.—The term ‘covered
7
agency’ means—
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‘‘(A) the Service;
9
‘‘(B) the United States Fish and Wildlife
10
Service;
11
‘‘(C) the Forest Service;
12
‘‘(D) the Bureau of Land Management;
13
and
14
‘‘(E) the Bureau of Indian Education.
15
‘‘(3) FUND.—The term ‘Fund’ means the Na-
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tional Parks and Public Land Legacy Restoration
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Fund established by section 200402(a).
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‘‘(4) PROJECT.—The term ‘project’ means any
19
activity to reduce or eliminate deferred maintenance
20
of an asset, which may include resolving directly re-
21
lated infrastructure deficiencies of the asset that
22
would not by itself be classified as deferred mainte-
23
nance.
24
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‘‘§ 200402. National Parks and Public Land Legacy
1
Restoration Fund
2
‘‘(a) ESTABLISHMENT.—There is established in the
3
Treasury of the United States a fund to be known as the
4
‘National Parks and Public Land Legacy Restoration
5
Fund’.
6
‘‘(b) DEPOSITS.—
7
‘‘(1) IN GENERAL.—Except as provided in para-
8
graph (2), for each of fiscal years 2021 through
9
2025, there shall be deposited in the Fund an
10
amount equal to 50 percent of all energy develop-
11
ment revenues due and payable to the United States
12
from oil, gas, coal, or alternative or renewable en-
13
ergy development on Federal land and water cred-
14
ited, covered, or deposited as miscellaneous receipts
15
under Federal law in the preceding fiscal year.
16
‘‘(2) MAXIMUM AMOUNT.—The amount depos-
17
ited in the Fund under paragraph (1) shall not ex-
18
ceed $1,900,000,000 for any fiscal year.
19
‘‘(3) EFFECT ON OTHER REVENUES.—Nothing
20
in this section affects the disposition of revenues
21
that—
22
‘‘(A) are due to the United States, special
23
funds, trust funds, or States from mineral and
24
energy development on Federal land and water;
25
or
26
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‘‘(B) have been otherwise appropriated—
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‘‘(i) under Federal law, including—
2
‘‘(I) the Gulf of Mexico Energy
3
Security Act of 2006 (43 U.S.C. 1331
4
note; Public Law 109–432); and
5
‘‘(II) the Mineral Leasing Act
6
(30 U.S.C. 181 et seq.); or
7
‘‘(ii) from—
8
‘‘(I) the Land and Water Con-
9
servation
Fund
established
under
10
chapter 2003; or
11
‘‘(II) the Historic Preservation
12
Fund established under chapter 3031.
13
‘‘(c) AVAILABILITY OF FUNDS.—Amounts deposited
14
in the Fund shall be available to the Secretary and the
15
Secretary of Agriculture, as provided in subsection (e),
16
without further appropriation or fiscal year limitation.
17
‘‘(d) INVESTMENT OF AMOUNTS.—
18
‘‘(1) IN GENERAL.—The Secretary may request
19
the Secretary of the Treasury to invest any portion
20
of the Fund that is not, as determined by the Sec-
21
retary, in consultation with the Secretary of Agri-
22
culture, required to meet the current needs of the
23
Fund.
24
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‘‘(2) REQUIREMENT.—An investment requested
1
under paragraph (1) shall be made by the Secretary
2
of the Treasury in a public debt security—
3
‘‘(A) with a maturity suitable to the needs
4
of the Fund, as determined by the Secretary;
5
and
6
‘‘(B) bearing interest at a rate determined
7
by the Secretary of the Treasury, taking into
8
consideration current market yields on out-
9
standing marketable obligations of the United
10
States of comparable maturity.
11
‘‘(3) CREDITS TO FUND.—The income on in-
12
vestments of the Fund under this subsection shall be
13
credited to, and form a part of, the Fund.
14
‘‘(e) USE OF FUNDS.—
15
‘‘(1) IN GENERAL.—Amounts deposited in the
16
Fund for each fiscal year shall be used for priority
17
deferred maintenance projects in the System, in the
18
National Wildlife Refuge System, on public land ad-
19
ministered by the Bureau of Land Management, for
20
the Bureau of Indian Education schools, and in the
21
National Forest System, as follows:
22
‘‘(A) 70 percent of the amounts deposited
23
in the Fund for each fiscal year shall be allo-
24
cated to the Service.
25
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‘‘(B) 15 percent of the amounts deposited
1
in the Fund for each fiscal year shall be allo-
2
cated to the Forest Service.
3
‘‘(C) 5 percent of the amounts deposited in
4
the Fund for each fiscal year shall be allocated
5
to the United States Fish and Wildlife Service.
6
‘‘(D) 5 percent of the amounts deposited in
7
the Fund for each fiscal year shall be allocated
8
to the Bureau of Land Management.
9
‘‘(E) 5 percent of the amounts deposited in
10
the Fund for each fiscal year shall be allocated
11
to the Bureau of Indian Education.
12
‘‘(2) LIMITATIONS.—
13
‘‘(A) NON-TRANSPORTATION PROJECTS.—
14
Over the term of the Fund, within each covered
15
agency, not less than 65 percent of amounts
16
from the Fund shall be allocated for non-trans-
17
portation projects.
18
‘‘(B) TRANSPORTATION
PROJECTS.—The
19
amounts remaining in the Fund after the allo-
20
cations required under subparagraph (A) may
21
be allocated for transportation projects of the
22
covered agencies, including paved and unpaved
23
roads, bridges, tunnels, and paved parking
24
areas.
25
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‘‘(C) PLAN.—Any priority deferred mainte-
1
nance project funded under this section shall be
2
consistent with an applicable transportation, de-
3
ferred maintenance, or capital improvement
4
plan developed by the applicable covered agen-
5
cy.
6
‘‘(f) PROHIBITED USE OF FUNDS.—No amounts in
7
the Fund shall be used—
8
‘‘(1) for land acquisition;
9
‘‘(2) to supplant discretionary funding made
10
available for annually recurring facility operations,
11
maintenance, and construction needs; or
12
‘‘(3) for bonuses for employees of the Federal
13
Government that are carrying out this section.
14
‘‘(g) SUBMISSION OF PRIORITY LIST OF PROJECTS
15
TO CONGRESS.—Not later than 90 days after the date of
16
enactment of this section, the Secretary and the Secretary
17
of Agriculture shall submit to the Committees on Energy
18
and Natural Resources and Appropriations of the Senate
19
and the Committees on Natural Resources and Appropria-
20
tions of the House of Representatives a list of projects
21
to be funded for fiscal year 2021 that—
22
‘‘(1) are identified by the Secretary and the
23
Secretary of Agriculture as priority deferred mainte-
24
nance projects; and
25
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‘‘(2) as of the date of the submission of the list,
1
are ready to be implemented.
2
‘‘(h) SUBMISSION OF ANNUAL LIST OF PROJECTS TO
3
CONGRESS.—Until the date on which all of the amounts
4
in the Fund are expended, the President shall annually
5
submit to Congress, together with the annual budget of
6
the United States, a list of projects to be funded from
7
the Fund that includes a detailed description of each
8
project, including the estimated expenditures from the
9
Fund for the project for the applicable fiscal year.
10
‘‘(i) ALTERNATE ALLOCATION.—
11
‘‘(1) IN GENERAL.—Appropriations Acts may
12
provide for alternate allocation of amounts made
13
available under this section, consistent with the allo-
14
cations to covered agencies under subsection (e)(1).
15
‘‘(2) ALLOCATION BY PRESIDENT.—
16
‘‘(A) NO
ALTERNATE
ALLOCATIONS.—If
17
Congress has not enacted legislation estab-
18
lishing alternate allocations by the date on
19
which the Act making full-year appropriations
20
for the Department of the Interior, Environ-
21
ment, and Related Agencies for the applicable
22
fiscal year is enacted into law, amounts made
23
available under subsection (c) shall be allocated
24
by the President.
25
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‘‘(B) INSUFFICIENT ALTERNATE ALLOCA-
1
TION.—If Congress enacts legislation estab-
2
lishing alternate allocations for amounts made
3
available under subsection (c) that are less than
4
the full amount appropriated under that sub-
5
section, the difference between the amount ap-
6
propriated and the alternate allocation shall be
7
allocated by the President.
8
‘‘(j) PUBLIC DONATIONS.—
9
‘‘(1) IN GENERAL.—The Secretary and the Sec-
10
retary of Agriculture may accept public cash or in-
11
kind donations that advance efforts—
12
‘‘(A) to reduce the deferred maintenance
13
backlog; and
14
‘‘(B) to encourage relevant public-private
15
partnerships.
16
‘‘(2) CREDITS TO FUND.—Any cash donations
17
accepted under paragraph (1) shall be—
18
‘‘(A) credited to, and form a part of, the
19
Fund; and
20
‘‘(B) allocated to the covered agency for
21
which the donation was made.
22
‘‘(3) OTHER ALLOCATIONS.—Any donations al-
23
located to a covered agency under paragraph (2)(B)
24
shall be allocated to the applicable covered agency
25
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independently of the allocations under subsection
1
(e)(1).
2
‘‘(k) REQUIRED
CONSIDERATION
FOR
ACCESSI-
3
BILITY.—In expending amounts from the Fund, the Sec-
4
retary and the Secretary of Agriculture shall incorporate
5
measures to improve the accessibility of assets and accom-
6
modate visitors and employees with disabilities in accord-
7
ance with applicable law.’’.
8
(b) CLERICAL AMENDMENT.—The table of chapters
9
for subtitle II of title 54, United States Code, is amended
10
by inserting after the item relating to chapter 2003 the
11
following:
12
‘‘2004. National Parks and Public Land Legacy Restoration Fund .....200401’’.
(c) GAO STUDY.—Not later than 5 years after the
13
date of enactment of this Act, the Comptroller General
14
of the United States shall—
15
(1) conduct a study on the implementation of
16
this section and the amendments made by this sec-
17
tion, including whether this section and the amend-
18
ments made by this section have effectively reduced
19
the priority deferred maintenance backlog of the cov-
20
ered agencies (as that term is defined in section
21
200401 of title 54, United States Code); and
22
(2) submit to Congress a report that describes
23
the results of the study under paragraph (1).
24
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SEC. 3. PERMANENT FULL FUNDING OF THE LAND AND
1
WATER CONSERVATION FUND.
2
(a) IN GENERAL.—Section 200303 of title 54, United
3
States Code, is amended to read as follows:
4
‘‘§ 200303. Availability of funds
5
‘‘(a) IN GENERAL.—Any amounts deposited in the
6
Fund under section 200302 for fiscal year 2020 and each
7
fiscal year thereafter shall be made available for expendi-
8
ture for fiscal year 2021 and each fiscal year ther
[Text truncated for display. Full text available on Congress.gov.]