RTP Full Funding Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1864 To amend title 23, United States Code, with respect to funding the rec- reational trails program, to require a study to determine the best avail- able estimate of the total amount of nonhighway recreational fuel taxes received by the Secretary of the Treasury, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 11, 2021 Mr. WELCH (for himself, Mr. CURTIS, Mr. SIMPSON, Mr. LARSEN of Wash- ington, Mr. STEWART, Mr. KILMER, Mr. STIVERS, Mr. O’HALLERAN, Mr. NEAL, Mr. SAN NICOLAS, Ms. STRICKLAND, Mrs. NAPOLITANO, and Mr. HUFFMAN) introduced the following bill; which was referred to the Com- mittee on Transportation and Infrastructure, and in addition to the Com- mittee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 23, United States Code, with respect to funding the recreational trails program, to require a study to determine the best available estimate of the total amount of nonhighway recreational fuel taxes re- ceived by the Secretary of the Treasury, 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 VerDate Sep 11 2014 21:01 May 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1864.IH H1864 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1864 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘RTP Full Funding 2 Act of 2021’’. 3 SEC. 2. FINDINGS. 4 Congress finds that— 5 (1) the recreational trails program under sec- 6 tion 206 of title 23, United States Code— 7 (A) funds development and maintenance of 8 valuable trail infrastructure across the United 9 States; 10 (B) benefits millions of diverse trail users, 11 including users who participate in hiking, bicy- 12 cling, in-line skating, equestrian use, cross- 13 country skiing, snowmobiling, off-road 14 motorcycling, all-terrain vehicle riding, 4-wheel 15 off-highway vehicle driving, and other off-road 16 motorized vehicle use; and 17 (C)(i) embraces the user-pay-user-benefit 18 model of the Highway Trust Fund; and 19 (ii) is funded by a Federal tax on fuel used 20 for nonhighway recreation; 21 (2) to ensure that Federal taxes collected from 22 nonhighway recreation are appropriately returned to 23 the States for the recreational trails program, an ac- 24 curate estimate of the total amount of nonhighway 25 fuel taxes collected is necessary; and 26 VerDate Sep 11 2014 21:01 May 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1864.IH H1864 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1864 IH (3) an accurate study to produce a best avail- 1 able estimate of the total amount of nonhighway rec- 2 reational fuel taxes received by the Secretary of the 3 Treasury will help inform Congress in continuing to 4 authorize the recreational trails program. 5 SEC. 3. DEFINITIONS. 6 In this Act: 7 (1) ADMINISTRATOR.—The term ‘‘Adminis- 8 trator’’ means the Administrator of the Federal 9 Highway Administration. 10 (2) HIGHWAY TRUST FUND.—The term ‘‘High- 11 way Trust Fund’’ means the Highway Trust Fund 12 established by section 9503(a) of the Internal Rev- 13 enue Code of 1986. 14 (3) NONHIGHWAY RECREATIONAL FUEL 15 TAXES.—The term ‘‘nonhighway recreational fuel 16 taxes’’ means taxes under section 4041 and 4081 of 17 the Internal Revenue Code of 1986 with respect to 18 fuel used in vehicles on recreational trails or back 19 country terrain (including vehicles registered for 20 highway use when used on recreational trails, trail 21 access roads not eligible for funding under title 23, 22 United States Code, or back country terrain). 23 (4) RECREATIONAL TRAILS PROGRAM.—The 24 term ‘‘recreational trails program’’ means the rec- 25 VerDate Sep 11 2014 21:01 May 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1864.IH H1864 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1864 IH reational trails program under section 206 of title 1 23, United States Code. 2 (5) SECRETARY.—The term ‘‘Secretary’’ means 3 the Secretary of Transportation. 4 SEC. 4. NONHIGHWAY RECREATIONAL FUEL STUDY. 5 (a) ASSESSMENT; REPORT.— 6 (1) ASSESSMENT.—Not later than 1 year after 7 the date of enactment of this Act and not less fre- 8 quently than once every 5 years thereafter, as deter- 9 mined by the Secretary, the Secretary shall carry 10 out an assessment of the best available estimate of 11 the total amount of nonhighway recreational fuel 12 taxes received by the Secretary of the Treasury and 13 transferred to the Highway Trust Fund for the pe- 14 riod covered by the assessment. 15 (2) REPORT.—After carrying out each assess- 16 ment under paragraph (1), the Secretary shall sub- 17 mit to the Committees on Finance and Environment 18 and Public Works of the Senate and the Committees 19 on Ways and Means and Transportation and Infra- 20 structure of the House of Representatives a report 21 that includes— 22 (A) a description of the results of the as- 23 sessment; 24 VerDate Sep 11 2014 21:01 May 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1864.IH H1864 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1864 IH (B) an evaluation of whether the current 1 recreational trails program funding level of each 2 participating State accurately reflects the ap- 3 portionment criteria described in section 4 133(h)(5) of title 23, United States Code; and 5 (C) in the case of the first report sub- 6 mitted under this paragraph, an estimate of the 7 frequency with which the Secretary anticipates 8 carrying out the assessment under paragraph 9 (1), subject to the condition that such an as- 10 sessment shall be carried out not less frequently 11 than once every 5 years. 12 (b) CONSULTATION.—In carrying out an assessment 13 under subsection (a)(1), the Secretary may consult with, 14 as the Secretary determines to be appropriate— 15 (1) the heads of— 16 (A) State agencies designated by Gov- 17 ernors pursuant to section 206(c)(1) of title 23, 18 United States Code, to administer the rec- 19 reational trails program; and 20 (B) division offices of the Department of 21 Transportation; 22 (2) the Secretary of the Treasury; 23 (3) the Administrator; and 24 VerDate Sep 11 2014 21:01 May 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1864.IH H1864 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1864 IH (4) groups representing recreational activities 1 and interests, including hiking, biking and mountain 2 biking, horseback riding, water trails, snowshoeing, 3 cross-country skiing, snowmobiling, off-highway 4 motorcycling, all-terrain vehicles, recreational off- 5 highway vehicles, and other offroad motorized vehi- 6 cle activities, and recreational trail advocates. 7 (c) FUNDING.— 8 (1) IN GENERAL.—For the first fiscal year be- 9 ginning after the date of enactment of this Act, the 10 Secretary shall set aside from funds available to the 11 Secretary to carry out the recreational trails pro- 12 gram and not otherwise obligated an amount not 13 greater than $3,000,000 to conduct the assessment 14 under subsection (a)(1). 15 (2) RESERVATION.—The amount set aside 16 under this subsection shall be proportionately re- 17 served from the apportionment to each State partici- 18 pating in the recreational trails program during that 19 fiscal year, after making any reallocation to partici- 20 pating States, as described in section 133(h)(1)(B) 21 of title 23, United States Code. 22 SEC. 5. REPORTING. 23 (a) ESTABLISHMENT OF NEW FINANCIAL MANAGE- 24 MENT INFORMATION SYSTEM CODES.—To provide addi- 25 VerDate Sep 11 2014 21:01 May 03, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1864.IH H1864 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1864 IH tional transparency into meeting objectives of the rec- 1 reational trails program, the Administrator shall establish 2 financial management information system codes for each 3 of the following: 4 (1) Nonmotorized single use project. 5 (2) Nonmotorized diverse use project. 6 (3) Diverse use project including both motor- 7 ized and nonmotorized uses. 8 (4) Motorized single use project. 9 (5) Motorized diverse use project. 10 (b) STATE REPORTS.— 11 (1) IN GENERAL.—Except as provided in para- 12 graph (2), not less frequently than annually, each 13 State that carries out projects under the recreational 14 trails program shall submit to the Administrator a 15 report describing the expenditures relating to those 16 projects, as listed— 17 (A) based on each code described in sub- 18 section (a); and 19 (B) relating to projects for the State on 20 Federal land. 21 (2) EXEMPTION.—Paragraph (1) shall not 22 apply to a State that is described in section 23 206(d)(3)(B) of title 23, United States Code. 24 VerDate Sep 11 2014 21:01 May 03, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1864.IH H1864 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1864 IH (c) ASSESSMENT.—Not less frequently than annually, 1 the Administrator shall— 2 (1) carry out an assessment of State expendi- 3 tures on recreational trails projects under subsection 4 (b); and 5 (2) submit to Congress a report that describes 6 the results of the assessment. 7 SEC. 6. STP SET-ASIDE. 8 Section 133(h) of title 23, United States Code, is 9 amended— 10 (1) by striking paragraph (1) and inserting the 11 following: 12 ‘‘(1) RESERVATION OF FUNDS.—Of the funds 13 apportioned to a State under section 104(b)(2) for 14 each fiscal year, the Secretary shall reserve an 15 amount such that— 16 ‘‘(A) subject to subparagraph (B), the Sec- 17 retary reserves a total under this subsection 18 of— 19 ‘‘(i) $835,000,000 for each of fiscal 20 years 2016 and 2017; and 21 ‘‘(ii) $850,000,000 for each of fiscal 22 years 2018 through 2020; 23 VerDate Sep 11 2014 21:01 May 03, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1864.IH H1864 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1864 IH ‘‘(B) for each fiscal year, the amount of 1 twice the covered funds is added to the amount 2 reserved under subparagraph (A); 3 ‘‘(C) the State’s share of that total is de- 4 termined by multiplying the amount under sub- 5 paragraphs (A) and (B) by the ratio that— 6 ‘‘(i) the amount apportioned to the 7 State for the transportation enhancements 8 program for fiscal year 2009 under sub- 9 section (d)(2), as in effect on the day be- 10 fore the date of enactment of MAP–21; 11 bears to 12 ‘‘(ii) the total amount of funds appor- 13 tioned to all States for the transportation 14 enhancements program for fiscal year 15 2009; and 16 ‘‘(D) for administrative, research, technical 17 assistance, and training expenses (including the 18 costs of entering into cooperative agreements 19 with other Federal departments or agencies, in- 20 stitutions of higher education, or nonprofit or- 21 ganizations to carry out such an activity) for 22 the recreational trails program under section 23 206, an amount of up to 1 percent of the 24 amount apportioned to carry out that program, 25 VerDate Sep 11 2014 21:01 May 03, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1864.IH H1864 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 1864 IH but not to exceed $1,500,000, which reservation 1 shall be made before making any apportionment 2 under paragraph (5) to a State.’’; 3 (2) in paragraph (5)— 4 (A) by striking ‘‘For each fiscal year’’ and 5 inserting the following: 6 ‘‘(A) IN GENERAL.—For each fiscal year’’; 7 (B) by redesignating subparagraphs (A) 8 through (C) as clauses (i) through (iii), respec- 9 tively, and indenting the clauses appropriately; 10 (C) by amending clause (i), as so redesig- 11 nated, to read as follows: 12 ‘‘(i) obligate an amount of funds re- 13 served under this section equal to the 14 amount calculated under subparagraph 15 (B);’’; and 16 (D) by adding at the end the following: 17 ‘‘(B) CALCULATION OF STATE SHARE OF 18 RECREATIONAL TRAIL PROGRAM FUNDS.—For 19 each State, the required amount of funds to be 20 obligated by such State under subparagraph 21 (A)(i) shall be calculated by adding— 22 ‘‘(i) covered funds divided by the 23 number of States reserving amounts under 24 this subsection; and 25 VerDate Sep 11 2014 21:01 May 03, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1864.IH H1864 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 1864 IH ‘‘(ii) covered funds proportioned to 1 such State to the degree that— 2 ‘‘(I) non-highway recreational 3 fuel use in such State during the pre- 4 ceding year; bears to 5 ‘‘(II) non-highway recreational 6 fuel use in all States, as reflected in 7 the most recent nonhighway rec- 8 reational fuel study required of the 9 Secretary under the RTP Full Fund- 10 ing Act of 2021. 11 ‘‘(C) COVERED FUNDS DEFINED.—In this 12 subsection, the term ‘covered funds’ means— 13 ‘‘(i) until the date on which the first 14 report is submitted under section 4 of the 15 RTP Full Funding Act of 2021, 16 $125,000,000; and 17 ‘‘(ii) after the date on which the first 18 report is submitted under section 4 of the 19 RTP Full Funding Act of 2020, 50 per- 20 cent of the best available estimate of the 21 total annual amount of nonhighway rec- 22 reational fuel taxes transferred to the 23 Highway Trust Fund.’’; and 24 (3) in paragraph (6)(A)— 25 VerDate Sep 11 2014 21:01 May 03, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1864.IH H1864 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 1864 IH (A) by striking ‘‘A State’’ and inserting 1 the following: 2 ‘‘(i) IN GENERAL.—A State’’; and 3 (B) by adding at the end the following: 4 ‘‘(ii) NO FUNDS FOR OPT OUT.—In 5 the case of a State that opts out of the 6 recreational trails program under clause (i) 7 for any fiscal year— 8 ‘‘(I) such State shall not receive 9 an apportionment for such program 10 for such fiscal year; and 11 ‘‘(II) the apportionment de- 12 scribed in subclause (I) shall be equi- 13 tably reallocated to all States partici- 14 pating in the recreational trails pro- 15 gram.’’. 16 Æ VerDate Sep 11 2014 21:01 May 03, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H1864.IH H1864 pamtmann on DSKBC07HB2PROD with BILLS