LAND Act

I 116TH CONGRESS 1ST SESSION H. R. 1026 To provide for consistent and reliable authority and funding to meet conserva- tion and deferred maintenance needs affecting lands under the adminis- trative jurisdiction of the Department of the Interior and the Department of Agriculture, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 6, 2019 Mr. SIMPSON (for himself and Mr. KILMER) introduced the following bill; which was referred to the Committee on Natural Resources, and in addi- tion to the Committee on the Budget, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for consistent and reliable authority and funding to meet conservation and deferred maintenance needs affecting lands under the administrative jurisdiction of the Department of the Interior and the Department of Agriculture, 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 ‘‘Land and National 4 Park Deferred Maintenance Act’’ or the ‘‘LAND Act’’. 5 VerDate Sep 11 2014 22:18 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1026.IH H1026 jbell on DSK30RV082PROD with BILLS 2 •HR 1026 IH SEC. 2. LAND AND WATER CONSERVATION FUND. 1 (a) REAUTHORIZATION.—Section 200302 of title 54, 2 United States Code, is amended— 3 (1) in subsection (b), in the matter preceding 4 paragraph (1), by striking ‘‘During the period end- 5 ing September 30, 2018, there’’ and inserting 6 ‘‘There’’; and 7 (2) in subsection (c)(1), by striking ‘‘through 8 September 30, 2018’’. 9 (b) FUNDING.—Section 200303 of title 54, United 10 States Code, is amended to read as follows: 11 ‘‘§ 200303. Funding 12 ‘‘(a) FUNDING FOR FISCAL YEARS 2020 THROUGH 13 2029.—From amounts covered into the fund under sec- 14 tion 200302 of this chapter— 15 ‘‘(1) $450,000,000 in each fiscal year shall be 16 available for expenditure to carry out the purposes 17 of this Act, without further appropriation or fiscal 18 year limitation, to carry out the purposes of the 19 Fund (including accounts and programs made avail- 20 able from the Fund under the Consolidated Appro- 21 priations Act, 2017 (Public Law 115–31)); and 22 ‘‘(2) the remainder of amounts covered into the 23 fund shall be available subject to appropriations, 24 which may be made without fiscal year limitation. 25 VerDate Sep 11 2014 22:18 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1026.IH H1026 jbell on DSK30RV082PROD with BILLS 3 •HR 1026 IH ‘‘(b) USES.—Amounts made available for obligation 1 or expenditure from the fund may be obligated or ex- 2 pended only as provided in this chapter.’’. 3 (c) ALLOCATION AND USES OF FUNDS.—Section 4 200304 of title 54, United States Code, is amended— 5 (1) by striking ‘‘There’’ and inserting ‘‘(a) IN 6 GENERAL.—There’’; and 7 (2) by striking the second sentence and insert- 8 ing the following: 9 ‘‘(b) ALLOCATION OF FUNDS.—Of the total amount 10 made available to the Fund through appropriations or de- 11 posited in the Fund under section 105(a)(2)(B) of the 12 Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 13 1331 note; Public Law 109–432)— 14 ‘‘(1) not less than 40 percent shall be used for 15 Federal purposes; and 16 ‘‘(2) not less than 40 percent shall be used to 17 provide financial assistance to States. 18 ‘‘(c) PRIORITIES.—The President shall, as part of the 19 President’s annual budget submission to Congress, submit 20 to Congress detailed account, program, and project alloca- 21 tions for funds made available under paragraph (b)(1). 22 Acts of appropriation may provide alternate allocations for 23 such amounts. 24 VerDate Sep 11 2014 22:18 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1026.IH H1026 jbell on DSK30RV082PROD with BILLS 4 •HR 1026 IH ‘‘(d) PROHIBITION ON USE OF EMINENT DOMAIN.— 1 No funds made available to a State under this Act may 2 be used for the acquisition of land, water, or an interest 3 in land or water by eminent domain.’’. 4 (d) RECREATION ACCESS.—Section 200306 of title 5 54, United States Code, is amended by adding at the end 6 the following: 7 ‘‘(c) PUBLIC ACCESS.—Not less than 3 percent of 8 amounts appropriated or expended under this chapter in 9 each fiscal year shall be made available for the fiscal year 10 for projects that secure recreational public access to exist- 11 ing Federal public land for hunting, fishing, and other rec- 12 reational purposes.’’. 13 (e) CONFORMING AMENDMENTS.—Title 54, United 14 States Code— 15 (1) in section 200302, paragraph (3) of sub- 16 section (c) is amended by inserting ‘‘or otherwise ex- 17 pended’’ after ‘‘Congress’’; 18 (2) in section 200304— 19 (A) the first sentence is amended by in- 20 serting ‘‘or expenditures’’ after ‘‘appropria- 21 tions’’; and 22 (B) the second sentence is amended by in- 23 serting ‘‘or expenditures’’ after ‘‘appropria- 24 tions’’; 25 VerDate Sep 11 2014 22:18 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1026.IH H1026 jbell on DSK30RV082PROD with BILLS 5 •HR 1026 IH (3) in section 200305— 1 (A) the matter preceding paragraph (1) of 2 subsection (b) is amended by inserting ‘‘or oth- 3 erwise provided’’ after ‘‘appropriated’’; 4 (B) paragraph (1) of subsection (b) is 5 amended by inserting ‘‘expenditures’’ after ‘‘ap- 6 propriations’’; and 7 (C) paragraph (2) of subsection (b) is 8 amended by inserting ‘‘expenditure’’ after ‘‘ap- 9 propriation’’; and 10 (4) in section 200306— 11 (A) paragraph (1) is amended by inserting 12 ‘‘or expended’’ after ‘‘appropriated’’; 13 (B) in paragraph (2), subparagraph (B)(ii) 14 is amended by inserting ‘‘or expended’’ after 15 ‘‘appropriated’’; 16 (C) paragraph (4) is amended by inserting 17 ‘‘or expenditures’’ after ‘‘appropriations’’ each 18 time it appears; and 19 (D) subsection (b) is amended by inserting 20 ‘‘or expenditures’’ after ‘‘Appropriations’’ each 21 time it appears. 22 (f) CLERICAL AMENDMENT.—The table of sections 23 for chapter 2003 of title 54, United States Code, is 24 VerDate Sep 11 2014 22:18 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1026.IH H1026 jbell on DSK30RV082PROD with BILLS 6 •HR 1026 IH amended by striking the item relating to section 200303 1 and inserting the following: 2 ‘‘200303. Funding.’’. SEC. 3. NATIONAL PARK SERVICE MAINTENANCE AND RE- 3 VITALIZATION CONSERVATION FUND. 4 (a) IN GENERAL.—There is hereby established in the 5 Treasury a special account to be known as the ‘‘National 6 Park Service and Related Agencies Maintenance and Revi- 7 talization Conservation Fund’’. 8 (b) AVAILABILITY OF FUNDS.—For each of fiscal 9 years 2020 through 2029, $450,000,000 shall be available 10 for expenditure to carry out the purposes of this Act, with- 11 out further appropriation or fiscal year limitation, to carry 12 out the purposes of the Fund. Amounts from the Fund 13 shall not be used for the acquisition of land or interests 14 in land. 15 (c) DEPOSITS.—At the beginning of each applicable 16 fiscal year, there shall be deposited in the Fund 17 $450,000,000 from mineral revenues due and payable to 18 the United States that are not otherwise credited, covered, 19 or deposited under Federal law. 20 (d) DEPARTMENT OF THE INTERIOR.—Of funds 21 made available under subsection (b) each fiscal year, the 22 Secretary of the Interior shall use the following amounts 23 for priority deferred maintenance needs that support crit- 24 ical infrastructure and visitor services: 25 VerDate Sep 11 2014 22:18 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1026.IH H1026 jbell on DSK30RV082PROD with BILLS 7 •HR 1026 IH (1) Eighty percent of amounts in the Fund 1 shall be allocated for priority deferred maintenance 2 projects, including other infrastructure deficiencies 3 directly related to such deferred maintenance 4 projects, as determined by the Secretary of the Inte- 5 rior and the Director of the National Park Service, 6 with the goal of ensuring overall parity between 7 amounts allocated to transportation and non-trans- 8 portation projects. 9 (2) Ten percent of amounts in the Fund shall 10 be allocated for purposes of addressing the national 11 wildlife refuge system maintenance backlog, as de- 12 termined by the Secretary of the Interior and the 13 Director of the United States Fish and Wildlife 14 Service. 15 (3) Five percent of amounts in the Fund shall 16 be allocated for the purposes of addressing the pub- 17 lic access and recreation backlog on public lands, as 18 determined by the Secretary of the Interior and the 19 Director of the Bureau of Land Management. 20 (4) Five percent of amounts in the Fund shall 21 be for the purposes of addressing the Bureau of In- 22 dian Education school construction and deferred 23 maintenance backlogs, as determined by the Sec- 24 VerDate Sep 11 2014 22:18 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1026.IH H1026 jbell on DSK30RV082PROD with BILLS 8 •HR 1026 IH retary of the Interior and the Director of the Bu- 1 reau of Indian Education. 2 (e) PROHIBITED USE OF FUNDS.—No amounts in 3 the Fund shall be used— 4 (1) to supplant discretionary funding made 5 available for the annually recurring facility oper- 6 ations, maintenance, and construction needs of the 7 entities for which amounts from the Fund are allo- 8 cated under subsection (d); or 9 (2) for performance awards for Federal employ- 10 ees who are employed in implementing this Act. 11 (f) SUBMISSION TO CONGRESS.—The Secretary of 12 the Interior shall submit to the Committees on Appropria- 13 tions and Energy and Natural Resources of the Senate 14 and to the Committees on Appropriations and Natural Re- 15 sources in the House of Representatives, with the annual 16 budget submission of the President, a list of projects for 17 which the amounts in the Fund are allocated under this 18 section, including a description of each such project. 19 (g) DONATIONS.— 20 (1) IN GENERAL.—The Secretary of the Inte- 21 rior, the Director of the National Park Service, the 22 Director of the United States Fish and Wildlife 23 Service, the Director of the Bureau of Land Man- 24 agement, and the Assistant Secretary of Indian Af- 25 VerDate Sep 11 2014 22:18 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1026.IH H1026 jbell on DSK30RV082PROD with BILLS 9 •HR 1026 IH fairs may accept public cash or in-kind donations 1 that advance efforts— 2 (A) to reduce the deferred maintenance 3 backlog of the National Park Service, the na- 4 tional wildlife refuge system maintenance back- 5 log of the United States Fish and Wildlife Serv- 6 ice, the public access and recreation backlog of 7 the Bureau of Land Management, and the 8 school construction backlog of the Bureau of 9 Indian Education, respectively; and 10 (B) to encourage relevant public-private 11 partnerships. 12 (2) CREDITS TO FUND.—Any cash donations 13 accepted under paragraph (1) shall be credited to, 14 and form a part of, the Fund. 15 (3) REPORTING.—Each donation received under 16 paragraph (1) that is used for, or directly related to, 17 the reduction of the deferred maintenance backlog of 18 the National Park Service, the national wildlife ref- 19 uge system maintenance backlog of the United 20 States Fish and Wildlife Service, the public access 21 and recreation backlog of the Bureau of Land Man- 22 agement, and the school construction backlog of the 23 Bureau of Indian Education, shall be included with 24 VerDate Sep 11 2014 22:18 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1026.IH H1026 jbell on DSK30RV082PROD with BILLS 10 •HR 1026 IH the annual budget submission of the President to 1 Congress. 2 (h) INVESTMENT OF AMOUNTS.— 3 (1) IN GENERAL.—The Secretary of the Inte- 4 rior may request the Secretary of the Treasury to 5 invest any portion of the Fund that is not, as deter- 6 mined by the Secretary of the Interior, required to 7 meet the current needs of the Fund. 8 (2) REQUIREMENT.—An investment requested 9 under paragraph (1) shall be made by the Secretary 10 of the Treasury in a public debt security— 11 (A) with a maturity suitable to the needs 12 of the Fund, as determined by the Secretary of 13 the Interior; and 14 (B) bearing interest at a rate determined 15 by the Secretary of the Treasury, taking into 16 consideration current market yields on out- 17 standing marketable obligations of the United 18 States of comparable maturity. 19 (3) CREDITS TO FUND.—The income on invest- 20 ments of the Fund under this subsection shall be 21 credited to, and form a part of, the Fund. 22 VerDate Sep 11 2014 22:18 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1026.IH H1026 jbell on DSK30RV082PROD with BILLS 11 •HR 1026 IH SEC. 4. OFFSET. 1 It is the sense of Congress that the costs of carrying 2 out this Act should be offset. 3 Æ VerDate Sep 11 2014 22:18 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H1026.IH H1026 jbell on DSK30RV082PROD with BILLS