IN THE SENATE OF THE UNITED STATES
June 28, 2018
Mr. Portman (for himself, Mr. Warner, Mr. Alexander, and Mr. King) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
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.
This Act may be cited as the
Restore Our Parks Act.
National Park Service Legacy Restoration Fund
Chapter 1049 of title 54, United States Code, is amended by adding at the end the following:
National Park Service Legacy Restoration Fund
There is established in the Treasury of the United States a fund, to be known as the
National Park Service Legacy Restoration Fund (referred to in this section as the Fund).
Except as provided in paragraph (2), for each of fiscal years 2019 through 2023, there shall be deposited in the Fund an amount equal to 50 percent of all energy development revenues due and payable to the United States from oil, gas, coal, or alternative or renewable energy development on Federal land and water that are not otherwise credited, covered, or deposited under Federal law.
The amount deposited in the Fund under paragraph (1) shall not exceed $1,300,000,000 for any fiscal year.
Effect on other revenues
Nothing in this section affects the disposition of revenues that—
are due to the United States, special funds, trust funds, or States from mineral and energy development on Federal land and water; or
have been otherwise appropriated under Federal law, including the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432), the Mineral Leasing Act (30 U.S.C. 181 et seq.), and chapter 2003 of title 54, United States Code.
Availability of funds
Amounts deposited in the Fund shall be available to the Service without further appropriation or fiscal year limitation.
Investment of amounts
The Secretary may request the Secretary of the Treasury to invest any portion of the Fund that is not, as determined by the Secretary, required to meet the current needs of the Fund.
An investment requested under paragraph (1) shall be made by the Secretary of the Treasury in a public debt security—
with a maturity suitable to the needs of the Fund, as determined by the Secretary; and
bearing interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity.
Credits to fund
The income on investments of the Fund under this subsection shall be credited to, and form a part of, the Fund.
Use of funds
Amounts in the Fund shall be used for the high-priority deferred maintenance needs of the Service, as determined by the Director, as follows:
65 percent of amounts in the Fund shall be allocated for projects that are not eligible for the funding described in subparagraph (A) or (B) of paragraph (2) for the repair and rehabilitation of assets, including—
historic structures, facilities, and other historic assets;
nonhistoric assets that relate directly to visitor—
access, including making facilities accessible to visitors with disabilities;
health and safety; and
visitor facilities, water and utility systems, and employee housing.
35 percent of amounts in the Fund shall be allocated to road, bridge, tunnel, or other transportation-related projects that may be eligible for funding made available to the Service through—
the transportation program under section 203 of title 23; or
any similar Federal land highway program administered by the Secretary of Transportation.
Prohibited use of funds
No amounts in the Fund shall be used—
for land acquisition; or
to supplant discretionary funding made available for the annually recurring facility operations and maintenance needs of the Service.
Submission of annual proposal
As part of the annual budget submission of the Service to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate (referred to in this section as the Committees), the Service shall submit a prioritized list of deferred maintenance projects proposed to be funded by amounts in the Fund during the fiscal year for which the budget submission is made.
After review of the list submitted under subsection (g), the Committees may provide for the allocation of amounts derived from the Fund.
Except as provided in paragraph (2), if, before the beginning of a fiscal year, the Committees do not alter the allocation of funds proposed by the Service for that fiscal year, the list submitted under subsection (g) for that fiscal year shall be considered approved.
If, before the beginning of a fiscal year, there is enacted a continuing resolution or resolutions for a period of—
less than or equal to 120 days, the Service shall not commit funds to any proposed high-priority deferred maintenance project until the date of enactment of a law making appropriations for the Service that is not a continuing resolution; or
more than 120 days, the list submitted under subsection (g) for that fiscal year shall be considered approved, unless otherwise provided in the continuing resolution or resolutions.
The Secretary and the Director may accept public cash or in-kind donations that advance efforts—
to reduce the deferred maintenance backlog of the Service; and
to encourage relevant public-private partnerships.
Credits to fund
Any cash donations accepted under paragraph (1) shall be credited to, and form a part of, the Fund.
Each donation received under paragraph (1) that is used for, or directly related to, the reduction of the deferred maintenance backlog of the Service shall be included with the annual budget submission of the President to Congress.
The table of sections for chapter 1049 of title 54, United States Code, is amended by adding at the end the following:
104908. National Park Service Legacy Restoration Fund.