Restore Our Parks Act

II Calendar No. 428 116TH CONGRESS 2D SESSION S. 500 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. IN THE SENATE OF THE UNITED STATES FEBRUARY 14, 2019 Mr. PORTMAN (for himself, Mr. WARNER, Mr. ALEXANDER, Mr. KING, Mr. TILLIS, Ms. COLLINS, Ms. HARRIS, Mr. HOEVEN, Mr. GARDNER, Ms. KLOBUCHAR, Mr. CRAMER, Mr. PETERS, Mr. BOOZMAN, Mr. BLUNT, Ms. BALDWIN, Mrs. CAPITO, Mr. SANDERS, Mr. CASEY, Mr. SULLIVAN, Mr. HEINRICH, Mr. BENNET, Mrs. FEINSTEIN, Ms. DUCKWORTH, Mr. BOOK- ER, Mr. DAINES, Mr. BROWN, Ms. CORTEZ MASTO, Mr. MERKLEY, Mr. WYDEN, Ms. WARREN, Mr. MANCHIN, Mr. KAINE, Ms. SINEMA, Ms. ROSEN, Mr. COONS, Ms. SMITH, Ms. HASSAN, Mrs. GILLIBRAND, Mrs. MURRAY, Mr. DURBIN, Mr. GRAHAM, Ms. HIRONO, Mr. SCHATZ, Mr. YOUNG, Ms. STABENOW, Ms. MCSALLY, Mrs. SHAHEEN, Mr. BLUMENTHAL, Mr. PERDUE, Mr. ROBERTS, and Mr. COTTON) intro- duced the following bill; which was read twice and referred to the Com- mittee on Energy and Natural Resources FEBRUARY 25, 2020 Reported by Ms. MURKOWSKI, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL 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 mainte- VerDate Sep 11 2014 22:37 Feb 25, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S500.RS S500 kjohnson on DSK79L0C42PROD with BILLS 2 •S 500 RS nance backlog of the National Park Service, 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 ‘‘Restore Our Parks 4 Act’’. 5 SEC. 2. NATIONAL PARK SERVICE LEGACY RESTORATION 6 FUND. 7 (a) IN GENERAL.—Chapter 1049 of title 54, United 8 States Code, is amended by adding at the end the fol- 9 lowing: 10 ‘‘§ 104908. National Park Service Legacy Restoration 11 Fund 12 ‘‘(a) DEFINITIONS.—In this section: 13 ‘‘(1) FUND.—The term ‘Fund’ means the Na- 14 tional Park Service Legacy Restoration Fund estab- 15 lished by subsection (b). 16 ‘‘(2) PROJECT.—The term ‘project’ means the 17 overall plan of remediation of deferred maintenance 18 for an asset, which may include resolving directly re- 19 lated infrastructure deficiencies of the asset. 20 ‘‘(b) ESTABLISHMENT.—There is established in the 21 Treasury of the United States a fund, to be known as the 22 ‘National Park Service Legacy Restoration Fund’. 23 ‘‘(c) DEPOSITS.— 24 VerDate Sep 11 2014 22:37 Feb 25, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S500.RS S500 kjohnson on DSK79L0C42PROD with BILLS 3 •S 500 RS ‘‘(1) IN GENERAL.—Except as provided in para- 1 graph (2), for each of fiscal years 2019 through 2 2023, there shall be deposited in the Fund an 3 amount equal to 50 percent of all energy develop- 4 ment revenues due and payable to the United States 5 from oil, gas, coal, or alternative or renewable en- 6 ergy development on Federal land and water that 7 would otherwise be credited, covered, or deposited as 8 miscellaneous receipts under Federal law. 9 ‘‘(2) MAXIMUM AMOUNT.—The amount depos- 10 ited in the Fund under paragraph (1) shall not ex- 11 ceed $1,300,000,000 for any fiscal year. 12 ‘‘(3) EFFECT ON OTHER REVENUES.—Nothing 13 in this section affects the disposition of revenues 14 that— 15 ‘‘(A) are due to the United States, special 16 funds, trust funds, or States from mineral and 17 energy development on Federal land and water; 18 or 19 ‘‘(B) have been otherwise appropriated 20 under Federal law, including the Gulf of Mexico 21 Energy Security Act of 2006 (43 U.S.C. 1331 22 note; Public Law 109–432), the Mineral Leas- 23 ing Act (30 U.S.C. 181 et seq.), and chapter 24 2003. 25 VerDate Sep 11 2014 22:37 Feb 25, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S500.RS S500 kjohnson on DSK79L0C42PROD with BILLS 4 •S 500 RS ‘‘(d) AVAILABILITY OF FUNDS.—Amounts deposited 1 in the Fund shall be available to the Secretary without 2 further appropriation or fiscal year limitation. 3 ‘‘(e) INVESTMENT OF AMOUNTS.— 4 ‘‘(1) IN GENERAL.—The Secretary may request 5 the Secretary of the Treasury to invest any portion 6 of the Fund that is not, as determined by the Sec- 7 retary, required to meet the current needs of the 8 Fund. 9 ‘‘(2) REQUIREMENT.—An investment requested 10 under paragraph (1) shall be made by the Secretary 11 of the Treasury in a public debt security— 12 ‘‘(A) with a maturity suitable to the needs 13 of the Fund, as determined by the Secretary; 14 and 15 ‘‘(B) bearing interest at a rate determined 16 by the Secretary of the Treasury, taking into 17 consideration current market yields on out- 18 standing marketable obligations of the United 19 States of comparable maturity. 20 ‘‘(3) CREDITS TO FUND.—The income on in- 21 vestments of the Fund under this subsection shall be 22 credited to, and form a part of, the Fund. 23 ‘‘(f) USE OF FUNDS.—Amounts in the Fund shall be 24 used for the priority deferred maintenance needs of the 25 VerDate Sep 11 2014 22:37 Feb 25, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S500.RS S500 kjohnson on DSK79L0C42PROD with BILLS 5 •S 500 RS Service, as determined by the Secretary, to carry out re- 1 pair, restoration, or rehabilitation projects as follows: 2 ‘‘(1) Not less than 65 percent of amounts in 3 the Fund shall be allocated for non-transportation 4 projects, including— 5 ‘‘(A) historic structures, facilities, and 6 other historic assets; 7 ‘‘(B) structures, facilities, and other non- 8 historic assets that relate directly to the visitor 9 experience, including— 10 ‘‘(i) access, including making facilities 11 accessible to visitors with disabilities; 12 ‘‘(ii) health and safety; and 13 ‘‘(iii) recreation; and 14 ‘‘(C) administrative facilities, water and 15 utility systems, and employee housing. 16 ‘‘(2) The remaining amounts in the Fund may 17 be allocated to road, bridge, tunnel, or other trans- 18 portation-related projects that may be eligible for 19 funding made available to the Service through— 20 ‘‘(A) the transportation program under 21 section 203 of title 23; or 22 ‘‘(B) any similar Federal land highway 23 program administered by the Secretary of 24 Transportation. 25 VerDate Sep 11 2014 22:37 Feb 25, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S500.RS S500 kjohnson on DSK79L0C42PROD with BILLS 6 •S 500 RS ‘‘(g) PROHIBITED USE OF FUNDS.—No amounts in 1 the Fund shall be used— 2 ‘‘(1) for land acquisition; 3 ‘‘(2) to supplant discretionary funding made 4 available for the annually recurring facility oper- 5 ations, maintenance, and construction needs of the 6 Service; or 7 ‘‘(3) for bonuses for employees of the Federal 8 Government that are carrying out this section. 9 ‘‘(h) SUBMISSION OF LIST OF PROJECTS TO CON- 10 GRESS.—As soon as practicable after the date of enact- 11 ment of this section, the Secretary shall submit to the ap- 12 propriate committees of Congress— 13 ‘‘(1) a list of each project that— 14 ‘‘(A) as of the date of enactment of this 15 section, is identified by the Secretary as a high- 16 est-priority deferred maintenance project of the 17 Service; and 18 ‘‘(B) as of the date of the report, is ready 19 to be commenced immediately; and 20 ‘‘(2) for any project identified under paragraph 21 (1)(A) that is not ready to be commenced imme- 22 diately, a schedule for the completion of all reviews 23 with respect to the project (including the prepara- 24 tion of any environmental documents and historic 25 VerDate Sep 11 2014 22:37 Feb 25, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S500.RS S500 kjohnson on DSK79L0C42PROD with BILLS 7 •S 500 RS preservation analyses) that are necessary to com- 1 mence the project immediately. 2 ‘‘(i) SUBMISSION TO CONGRESS.—The Secretary 3 shall submit to the Committee on Energy and Natural Re- 4 sources of the Senate and the Committee on Natural Re- 5 sources of the House of Representatives, as part of the 6 annual budget submission of the President— 7 ‘‘(1) a report that describes, and provides an 8 explanation for, any cost overruns or delays relating 9 to deferred maintenance projects carried out using 10 amounts from the Fund for the previous fiscal year; 11 and 12 ‘‘(2) a list of projects for which the amounts in 13 the Fund are allocated under this section, including 14 a description and cost-benefit analysis of each 15 project, after considering the list and schedules sub- 16 mitted under subsection (h). 17 ‘‘(j) PUBLIC DONATIONS.— 18 ‘‘(1) IN GENERAL.—The Secretary and the Di- 19 rector may accept public cash or in-kind donations 20 that advance efforts— 21 ‘‘(A) to reduce the deferred maintenance 22 backlog of the Service; and 23 ‘‘(B) to encourage relevant public-private 24 partnerships. 25 VerDate Sep 11 2014 22:37 Feb 25, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S500.RS S500 kjohnson on DSK79L0C42PROD with BILLS 8 •S 500 RS ‘‘(2) CREDITS TO FUND.—Any cash donations 1 accepted under paragraph (1) shall be credited to, 2 and form a part of, the Fund. 3 ‘‘(3) REPORTING.—Each donation received 4 under paragraph (1) that is used for, or directly re- 5 lated to, the reduction of the deferred maintenance 6 backlog of the Service shall be included with the an- 7 nual budget submission of the President to Con- 8 gress. 9 ‘‘(k) ANNUAL REPORTS.—Not later than 1 year after 10 the date on which the first distributions are made from 11 the Fund and annually thereafter, the Secretary shall sub- 12 mit to the appropriate committees of Congress a report 13 that describes, with respect to each project provided 14 amounts from the Fund during the period covered by the 15 report— 16 ‘‘(1) any progress with respect to the project, 17 including a comparison of the progress with respect 18 to other highest-priority deferred maintenance 19 projects of the Service; 20 ‘‘(2) the expenditure of amounts from the Fund 21 with respect to the project; and 22 ‘‘(3) the projected cyclic maintenance needs of 23 the project on completion of the project.’’. 24 VerDate Sep 11 2014 22:37 Feb 25, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S500.RS S500 kjohnson on DSK79L0C42PROD with BILLS 9 •S 500 RS (b) CLERICAL AMENDMENT.—The table of sections 1 for chapter 1049 of title 54, United States Code, is 2 amended by adding at the end the following: 3 ‘‘104908. National Park Service Legacy Restoration Fund.’’. SEC. 3. GAO STUDY. 4 Not later than 2 years after the date of enactment 5 of this Act, the Comptroller General of the United States 6 shall— 7 (1) conduct a study with respect to the imple- 8 mentation of the National Park Service Legacy Res- 9 toration Fund under section 104908 of title 54, 10 United States Code (as added by section 2(a)) (re- 11 ferred to in this section as the ‘‘Fund’’), including 12 whether the Director of the National Park Service 13 is, with respect to projects carried out using 14 amounts from the Fund— 15 (A) properly estimating the cost for those 16 projects; 17 (B) adhering to time schedules and cost 18 projections for those projects; 19 (C) properly prioritizing deferred mainte- 20 nance projects; and 21 (D) properly moving completed projects off 22 of the high-priority deferred maintenance list of 23 the National Park Service in a timely manner; 24 and 25 VerDate Sep 11 2014 22:37 Feb 25, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S500.RS S500 kjohnson on DSK79L0C42PROD with BILLS 10 •S 500 RS (2) submit to Congress a report that describes 1 the results of the study under paragraph (1). 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Restore Our Parks Act’’. 4 SEC. 2. NATIONAL PARK SERVICE LEGACY RESTORATION 5 FUND. 6 (a) IN GENERAL.—Chapter 1049 of title 54, United 7 States Code, is amended by adding at the end the following: 8 ‘‘SEC. 104910. NATIONAL PARK SERVICE LEGACY RESTORA- 9 TION FUND. 10 ‘‘(a) DEFINITIONS.—In this section: 11 ‘‘(1) ASSET.—The term ‘asset’ means any real 12 property, including any physical structure or group- 13 ing of structures, landscape, trail, or other tangible 14 property that— 15 ‘‘(A) has a specific service or function; and 16 ‘‘(B) is tracked and managed as a distinct, 17 identifiable entity by the Service. 18 ‘‘(2) DEFERRED MAINTENANCE.—The term ‘de- 19 ferred maintenance’ means, with respect to an asset, 20 any maintenance or repair— 21 ‘‘(A) that was not performed at the time the 22 maintenance or repair should have been per- 23 formed; or 24 VerDate Sep 11 2014 22:37 Feb 25, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S500.RS S500 kjohnson on DSK79L0C42PROD with BILLS 11 •S 500 RS ‘‘(B) that was scheduled to be performed, 1 but was postponed or delayed for a future period. 2 ‘‘(3) FUND.—The term ‘Fund’ means the Na- 3 tional Park Service Legacy Restoration Fund estab- 4 lished by subsection (b). 5 ‘‘(4) PROJECT.—The term ‘project’ means any 6 activity to reduce or eliminate deferred maintenance 7 of an asset, which may include resolving directly re- 8 lated infrastructure deficiencies of the asset that 9 would not by itself be classified as deferred mainte- 10 nance. 11 ‘‘(b) ESTABLISHMENT.—There is established in the 12 Treasury of the United States a fund to be known as the 13 ‘National Park Service Legacy Restoration Fund’. 14 ‘‘(c) DEPOSITS.— 15 ‘‘(1) IN GENERAL.—Except as provided in para- 16 graph (2), for each of fiscal years 2020 through 2024, 17 there shall be deposited in the Fund an amount equal 18 to 50 percent of all energy development revenues due 19 and payable to the United States from oil, gas, coal, 20 or alternative or renewable energy development on 21 Federal land and water that would otherwise be cred- 22 ited, covered, or deposited as miscellaneous receipts 23 under Federal law. 24 VerDate Sep 11 2014 22:37 Feb 25, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S500.RS S500 kjohnson on DSK79L0C42PROD with BILLS 12 •S 500 RS ‘‘(2) MAXIMUM AMOUNT.—The amount deposited 1 in the Fund under paragraph (1) shall not exceed 2 $1,300,000,000 for any fiscal year. 3 ‘‘(3) EFFECT ON OTHER REVENUES.—Nothing in 4 this section affects the disposition of revenues that— 5 ‘‘(A) are due to the United States, special 6 funds, trust funds, or States from mineral and 7 energy development on Federal land and water; 8 or 9 ‘‘(B) have been otherwise appropriated— 10 ‘‘(i) under Federal law, including— 11 ‘‘(I) the Gulf of Mexico Energy 12 Security Act [Text truncated for display. Full text available on Congress.gov.]