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. BALDWIN, Ms. MCSALLY, Mr. CASEY, Mr. GRAHAM, Mr. HEINRICH, Mr. BENNET, 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 HOLLEN, Mr. MENENDEZ, Mr. CARDIN, Mr. BROWN, Ms. HIRONO, Ms. WARREN, Mr. MURPHY, Ms. KLOBUCHAR, Ms. DUCKWORTH, Ms. STABENOW, Mr. LEAHY, Mr. MCCONNELL, Mr. MARKEY, and Mr. ROBERTS) introduced the following bill; which was read the first time pamtmann on DSKBC07HB2PROD with BILLS 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 VerDate Sep 11 2014 21:40 Mar 10, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S3422.PCS S3422 2 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. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘Great American Out- 5 doors Act’’. 6 SEC. 2. NATIONAL PARKS AND PUBLIC LAND LEGACY RES- 7 TORATION FUND. 8 (a) IN GENERAL.—Subtitle II of title 54, United 9 States Code, is amended by inserting after chapter 2003 10 the following: 11 ‘‘CHAPTER 2004—NATIONAL PARKS AND 12 PUBLIC LAND LEGACY RESTORATION 13 FUND ‘‘Sec. ‘‘200401. Definitions. ‘‘200402. National Parks and Public Land Legacy Restoration Fund. 14 ‘‘§ 200401. Definitions pamtmann on DSKBC07HB2PROD with BILLS 15 ‘‘In this chapter: 16 ‘‘(1) ASSET.—The term ‘asset’ means any real 17 property, including any physical structure or group- •S 3422 PCS VerDate Sep 11 2014 21:40 Mar 10, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3422.PCS S3422 3 1 ing of structures, landscape, trail, or other tangible 2 property, that— 3 ‘‘(A) has a specific service or function; and 4 ‘‘(B) is tracked and managed as a distinct, 5 identifiable entity by the applicable covered 6 agency. 7 ‘‘(2) COVERED 8 term ‘covered agency’ means— 9 ‘‘(A) the Service; 10 ‘‘(B) the United States Fish and Wildlife 11 Service; 12 ‘‘(C) the Forest Service; 13 ‘‘(D) the Bureau of Land Management; 14 pamtmann on DSKBC07HB2PROD with BILLS AGENCY.—The and 15 ‘‘(E) the Bureau of Indian Education. 16 ‘‘(3) FUND.—The term ‘Fund’ means the Na- 17 tional Parks and Public Land Legacy Restoration 18 Fund established by section 200402(a). 19 ‘‘(4) PROJECT.—The term ‘project’ means any 20 activity to reduce or eliminate deferred maintenance 21 of an asset, which may include resolving directly re- 22 lated infrastructure deficiencies of the asset that 23 would not by itself be classified as deferred mainte- 24 nance. •S 3422 PCS VerDate Sep 11 2014 21:40 Mar 10, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3422.PCS S3422 4 1 ‘‘§ 200402. National Parks and Public Land Legacy 2 3 Restoration Fund ‘‘(a) ESTABLISHMENT.—There is established in the 4 Treasury of the United States a fund to be known as the 5 ‘National Parks and Public Land Legacy Restoration 6 Fund’. 7 ‘‘(b) DEPOSITS.— 8 ‘‘(1) IN as provided in para- 9 graph (2), for each of fiscal years 2021 through 10 2025, there shall be deposited in the Fund an 11 amount equal to 50 percent of all energy develop- 12 ment revenues due and payable to the United States 13 from oil, gas, coal, or alternative or renewable en- 14 ergy development on Federal land and water cred- 15 ited, covered, or deposited as miscellaneous receipts 16 under Federal law in the preceding fiscal year. 17 ‘‘(2) MAXIMUM AMOUNT.—The amount depos- 18 ited in the Fund under paragraph (1) shall not ex- 19 ceed $1,900,000,000 for any fiscal year. 20 pamtmann on DSKBC07HB2PROD with BILLS GENERAL.—Except ‘‘(3) EFFECT ON OTHER REVENUES.—Nothing 21 in this section affects the disposition of revenues 22 that— 23 ‘‘(A) are due to the United States, special 24 funds, trust funds, or States from mineral and 25 energy development on Federal land and water; 26 or •S 3422 PCS VerDate Sep 11 2014 21:40 Mar 10, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3422.PCS S3422 5 1 ‘‘(B) have been otherwise appropriated— 2 ‘‘(i) under Federal law, including— 3 ‘‘(I) the Gulf of Mexico Energy 4 Security Act of 2006 (43 U.S.C. 1331 5 note; Public Law 109–432); and 6 ‘‘(II) the Mineral Leasing Act 7 (30 U.S.C. 181 et seq.); or 8 ‘‘(ii) from— 9 ‘‘(I) the Land and Water Con- 10 servation 11 chapter 2003; or Fund established under 12 ‘‘(II) the Historic Preservation 13 Fund established under chapter 3031. 14 ‘‘(c) AVAILABILITY OF FUNDS.—Amounts deposited 15 in the Fund shall be available to the Secretary and the 16 Secretary of Agriculture, as provided in subsection (e), 17 without further appropriation or fiscal year limitation. 18 ‘‘(d) INVESTMENT OF AMOUNTS.— pamtmann on DSKBC07HB2PROD with BILLS 19 ‘‘(1) IN GENERAL.—The Secretary may request 20 the Secretary of the Treasury to invest any portion 21 of the Fund that is not, as determined by the Sec- 22 retary, in consultation with the Secretary of Agri- 23 culture, required to meet the current needs of the 24 Fund. •S 3422 PCS VerDate Sep 11 2014 21:40 Mar 10, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3422.PCS S3422 6 1 ‘‘(2) REQUIREMENT.—An investment requested 2 under paragraph (1) shall be made by the Secretary 3 of the Treasury in a public debt security— 4 ‘‘(A) with a maturity suitable to the needs 5 of the Fund, as determined by the Secretary; 6 and 7 ‘‘(B) bearing interest at a rate determined 8 by the Secretary of the Treasury, taking into 9 consideration current market yields on out- 10 standing marketable obligations of the United 11 States of comparable maturity. 12 ‘‘(3) CREDITS income on in- 13 vestments of the Fund under this subsection shall be 14 credited to, and form a part of, the Fund. 15 ‘‘(e) USE OF FUNDS.— 16 pamtmann on DSKBC07HB2PROD with BILLS TO FUND.—The ‘‘(1) IN GENERAL.—Amounts deposited in the 17 Fund for each fiscal year shall be used for priority 18 deferred maintenance projects in the System, in the 19 National Wildlife Refuge System, on public land ad- 20 ministered by the Bureau of Land Management, for 21 the Bureau of Indian Education schools, and in the 22 National Forest System, as follows: 23 ‘‘(A) 70 percent of the amounts deposited 24 in the Fund for each fiscal year shall be allo- 25 cated to the Service. •S 3422 PCS VerDate Sep 11 2014 21:40 Mar 10, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3422.PCS S3422 7 1 ‘‘(B) 15 percent of the amounts deposited 2 in the Fund for each fiscal year shall be allo- 3 cated to the Forest Service. 4 ‘‘(C) 5 percent of the amounts deposited in 5 the Fund for each fiscal year shall be allocated 6 to the United States Fish and Wildlife Service. 7 ‘‘(D) 5 percent of the amounts deposited in 8 the Fund for each fiscal year shall be allocated 9 to the Bureau of Land Management. 10 ‘‘(E) 5 percent of the amounts deposited in 11 the Fund for each fiscal year shall be allocated 12 to the Bureau of Indian Education. 13 ‘‘(2) LIMITATIONS.— 14 ‘‘(A) NON-TRANSPORTATION 15 Over the term of the Fund, within each covered 16 agency, not less than 65 percent of amounts 17 from the Fund shall be allocated for non-trans- 18 portation projects. 19 pamtmann on DSKBC07HB2PROD with BILLS PROJECTS.— ‘‘(B) TRANSPORTATION PROJECTS.—The 20 amounts remaining in the Fund after the allo- 21 cations required under subparagraph (A) may 22 be allocated for transportation projects of the 23 covered agencies, including paved and unpaved 24 roads, bridges, tunnels, and paved parking 25 areas. •S 3422 PCS VerDate Sep 11 2014 21:40 Mar 10, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3422.PCS S3422 8 1 ‘‘(C) PLAN.—Any priority deferred mainte- 2 nance project funded under this section shall be 3 consistent with an applicable transportation, de- 4 ferred maintenance, or capital improvement 5 plan developed by the applicable covered agen- 6 cy. 7 ‘‘(f) PROHIBITED USE OF FUNDS.—No amounts in 8 the Fund shall be used— 9 ‘‘(1) for land acquisition; 10 ‘‘(2) to supplant discretionary funding made 11 available for annually recurring facility operations, 12 maintenance, and construction needs; or 13 ‘‘(3) for bonuses for employees of the Federal 14 Government that are carrying out this section. 15 ‘‘(g) SUBMISSION 16 TO OF PRIORITY LIST OF PROJECTS CONGRESS.—Not later than 90 days after the date of 17 enactment of this section, the Secretary and the Secretary 18 of Agriculture shall submit to the Committees on Energy 19 and Natural Resources and Appropriations of the Senate 20 and the Committees on Natural Resources and Appropria21 tions of the House of Representatives a list of projects pamtmann on DSKBC07HB2PROD with BILLS 22 to be funded for fiscal year 2021 that— 23 ‘‘(1) are identified by the Secretary and the 24 Secretary of Agriculture as priority deferred mainte- 25 nance projects; and •S 3422 PCS VerDate Sep 11 2014 21:40 Mar 10, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3422.PCS S3422 9 1 ‘‘(2) as of the date of the submission of the list, 2 are ready to be implemented. 3 ‘‘(h) SUBMISSION ANNUAL LIST OF OF PROJECTS TO 4 CONGRESS.—Until the date on which all of the amounts 5 in the Fund are expended, the President shall annually 6 submit to Congress, together with the annual budget of 7 the United States, a list of projects to be funded from 8 the Fund that includes a detailed description of each 9 project, including the estimated expenditures from the 10 Fund for the project for the applicable fiscal year. 11 ‘‘(i) ALTERNATE ALLOCATION.— pamtmann on DSKBC07HB2PROD with BILLS 12 ‘‘(1) IN GENERAL.—Appropriations Acts may 13 provide for alternate allocation of amounts made 14 available under this section, consistent with the allo- 15 cations to covered agencies under subsection (e)(1). 16 ‘‘(2) ALLOCATION 17 ‘‘(A) NO BY PRESIDENT.— ALTERNATE ALLOCATIONS.—If 18 Congress has not enacted legislation estab- 19 lishing alternate allocations by the date on 20 which the Act making full-year appropriations 21 for the Department of the Interior, Environ- 22 ment, and Related Agencies for the applicable 23 fiscal year is enacted into law, amounts made 24 available under subsection (c) shall be allocated 25 by the President. •S 3422 PCS VerDate Sep 11 2014 21:40 Mar 10, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3422.PCS S3422 10 1 ‘‘(B) INSUFFICIENT 2 TION.—If 3 lishing alternate allocations for amounts made 4 available under subsection (c) that are less than 5 the full amount appropriated under that sub- 6 section, the difference between the amount ap- 7 propriated and the alternate allocation shall be 8 allocated by the President. 9 Congress enacts legislation estab- ‘‘(j) PUBLIC DONATIONS.— 10 ‘‘(1) IN GENERAL.—The Secretary and the Sec- 11 retary of Agriculture may accept public cash or in- 12 kind donations that advance efforts— 13 ‘‘(A) to reduce the deferred maintenance 14 backlog; and 15 ‘‘(B) to encourage relevant public-private 16 partnerships. 17 ‘‘(2) CREDITS 18 TO FUND.—Any cash donations accepted under paragraph (1) shall be— 19 ‘‘(A) credited to, and form a part of, the 20 Fund; and 21 pamtmann on DSKBC07HB2PROD with BILLS ALTERNATE ALLOCA- ‘‘(B) allocated to the covered agency for 22 which the donation was made. 23 ‘‘(3) OTHER ALLOCATIONS.—Any donations al- 24 located to a covered agency under paragraph (2)(B) 25 shall be allocated to the applicable covered agency •S 3422 PCS VerDate Sep 11 2014 21:40 Mar 10, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3422.PCS S3422 11 1 independently of the allocations under subsection 2 (e)(1). 3 ‘‘(k) REQUIRED CONSIDERATION 4 BILITY.—In FOR ACCESSI- expending amounts from the Fund, the Sec- 5 retary and the Secretary of Agriculture shall incorporate 6 measures to improve the accessibility of assets and accom7 modate visitors and employees with disabilities in accord8 ance with applicable law.’’. 9 (b) CLERICAL AMENDMENT.—The table of chapters 10 for subtitle II of title 54, United States Code, is amended 11 by inserting after the item relating to chapter 2003 the 12 following: ‘‘2004. National Parks and Public Land Legacy Restoration Fund .....200401’’. 13 (c) GAO STUDY.—Not later than 5 years after the 14 date of enactment of this Act, the Comptroller General pamtmann on DSKBC07HB2PROD with BILLS 15 of the United States shall— 16 (1) conduct a study on the implementation of 17 this section and the amendments made by this sec- 18 tion, including whether this section and the amend- 19 ments made by this section have effectively reduced 20 the priority deferred maintenance backlog of the cov- 21 ered agencies (as that term is defined in section 22 200401 of title 54, United States Code); and 23 24 (2) submit to Congress a report that describes the results of the study under paragraph (1). •S 3422 PCS VerDate Sep 11 2014 21:40 Mar 10, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3422.PCS S3422 12 1 SEC. 3. PERMANENT FULL FUNDING OF THE LAND AND 2 3 WATER CONSERVATION FUND. (a) IN GENERAL.—Section 200303 of title 54, United 4 States Code, is amended to read as follows: 5 ‘‘§ 200303. Availability of funds 6 ‘‘(a) IN GENERAL.—Any amounts deposited in the 7 Fund under section 200302 for fiscal year 2020 and each 8 fiscal year thereafter shall be made available for expendi9 ture for fiscal year 2021 and each fiscal year thereafter, 10 without further appropriation or fiscal year limitation, to 11 carry out the purposes of the Fund (including accounts 12 and programs made available from the Fund pursuant to 13 the Further Consolidated Appropriations Act, 2020 (Pub14 lic Law 116–94; 133 Stat. 2534)). 15 ‘‘(b) ADDITIONAL AMOUNTS.—Amounts made avail- 16 able under subsection (a) shall be in addition to amounts 17 made available to the Fund under section 105 of the Gulf 18 of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 19 note; Public Law 109–432) or otherwise appropriated 20 from the Fund. 21 ‘‘(c) ALLOCATION AUTHORITY.— pamtmann on DSKBC07HB2PROD with BILLS 22 ‘‘(1) SUBMISSION OF COST ESTIMATES.—The 23 President shall submit to Congress detailed account, 24 program, and project allocations of the full amount 25 made available under subsection (a)— •S 3422 PCS VerDate Sep 11 2014 21:40 Mar 10, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3422.PCS S3422 13 1 ‘‘(A) for fiscal year 2021, not later than 2 90 days after the date of enactment of the 3 Great American Outdoors Act; and 4 ‘‘(B) for each fiscal year thereafter, as 5 part of the annual budget submission of the 6 President. 7 ‘‘(2) ALTERNATE 8 ‘‘(A) IN GENERAL.—Appropriations may provide for alternate allocation of amounts 10 made available under subsection (a), including 11 allocations by account, program, and project. 12 ‘‘(B) ALLOCATION 13 ‘‘(i) NO BY PRESIDENT.— ALTERNATE ALLOCATIONS.— 14 If Congress has not enacted legislation es- 15 tablishing alternate allocations by the date 16 on which the Act making full-year appro- 17 priations for the Department of the Inte- 18 rior, Environment, and Related Agencies 19 for the applicable fiscal year is enacted 20 into law, amounts made available under 21 subsection (a) shall be allocated by the 22 President. ‘‘(ii) INSUFFICIENT 24 LOCATION.—If 25 establishing ALTERNATE AL- Congress enacts legislation alternate allocations •S 3422 PCS VerDate Sep 11 2014 Acts 9 23 pamtmann on DSKBC07HB2PROD with BILLS ALLOCATION.— 21:40 Mar 10, 2020 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3422.PCS S3422 for 14 1 amounts made available under subsection 2 (a) that are less than the full amount ap- 3 propriated under that subsection, the dif- 4 ference between the amount appropriated 5 and the alternate allocation shall be allo- 6 cated by the President. 7 ‘‘(3) PUBLIC ACCESS.— 8 Amounts expended from the Fund under this section 9 shall be consistent with the requirements for rec- 10 reational public access for hunting, fishing, rec- 11 reational shooting, or other outdoor recreational pur- 12 poses under section 200306(c). 13 ‘‘(4) ANNUAL REPORT.—The President shall 14 submit to Congress an annual report that describes 15 the final allocation by account, program, and project 16 of amounts made available under subsection (a), in- 17 cluding a description of the status of obligations and 18 expenditures.’’. 19 (b) CONFORMING AMENDMENTS.— 20 21 (1) Section 200302(c) of title 54, United States Code, is amended by striking paragraph (3). 22 pamtmann on DSKBC07HB2PROD with BILLS RECREATIONAL (2) Section 200306(a)(2)(B) of title 54, United 23 States Code, is amended by striking clause (iii). 24 (c) CLERICAL AMENDMENT.—The table of sections 25 for chapter 2003 of title 54, United States Code, is •S 3422 PCS VerDate Sep 11 2014 21:40 Mar 10, 2020 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3422.PCS S3422 15 1 amended by striking the item relating to section 200303 2 and inserting the following: pamtmann on DSKBC07HB2PROD with BILLS ‘‘200303. Availability of funds.’’. •S 3422 PCS VerDate Sep 11 2014 21:40 Mar 10, 2020 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6211 E:\BILLS\S3422.PCS S3422 Calendar No. 438 S. 3422 pamtmann on DSKBC07HB2PROD with BILLS 116TH CONGRESS 2D SESSION A BILL 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. MARCH 10, 2020 Read the second time and placed on the calendar S3422 E:\BILLS\S3422.PCS Sfmt 6651 Fmt 6651 Frm 00016 PO 00000 Jkt 099200 21:40 Mar 10, 2020 VerDate Sep 11 2014