H. Rept. 116-250 - RESTORE OUR PARKS AND PUBLIC LANDS ACT116th Congress (2019-2020)
Committee Report
Hide Overview| Report Type: | House Report |
|---|---|
| Accompanies: | H.R.1225 |
| Committees: | House Natural Resources Committee |
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116th Congress } { Rept. 116-250
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
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RESTORE OUR PARKS AND PUBLIC LANDS ACT
_______
October 22, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 1225]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1225) to establish, fund, and provide for the
use of amounts in a National Park Service and Public Lands
Legacy Restoration Fund to address the maintenance backlog of
the National Park Service, United States Fish and Wildlife
Service, Bureau of Land Management, and Bureau of Indian
Education, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restore Our Parks and Public Lands
Act''.
SEC. 2. NATIONAL PARK SERVICE AND PUBLIC LANDS LEGACY RESTORATION FUND.
(a) In General.--There is established in the Treasury of the United
States a fund, to be known as the ``National Park Service and Public
Lands Legacy Restoration Fund'' (referred to in this section as the
``Fund'').
(b) Deposits.--
(1) In general.--Except as provided in paragraph (2), for
each of fiscal years 2020 through 2024, 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 would otherwise be
credited, covered, or deposited as miscellaneous receipts under
Federal law.
(2) Maximum amount.--The amount deposited in the Fund under
paragraph (1) shall not exceed $1,300,000,000 for any fiscal
year.
(3) Effect on other revenues.--Nothing in this section
affects the disposition 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, of
energy development revenues--
(A) to special funds, trust funds, or States; or
(B) that have been otherwise appropriated under
Federal law.
(c) Availability of Funds.--Amounts deposited in the Fund shall be
available to the Secretary of the Interior without further
appropriation or fiscal year limitation.
(d) Investment of Amounts.--
(1) In general.--The Secretary of the Interior may request
the Secretary of the Treasury to invest any portion of the Fund
that is not, as determined by the Secretary of the Interior,
required to meet the current needs of the Fund.
(2) Requirement.--An investment requested under paragraph (1)
shall be made by the Secretary of the Treasury in a public debt
security--
(A) with a maturity suitable to the needs of the
Fund, as determined by the Secretary of the Interior;
and
(B) 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.
(3) Credits to fund.--The income on investments of the Fund
under this subsection shall be credited to, and form a part of,
the Fund.
(e) Use of Funds.--
(1) In general.--Amounts in the Fund shall be used as
follows:
(A) Eighty percent of amounts in the Fund shall be
allocated for priority deferred maintenance projects,
including other infrastructure deficiencies directly
related to such deferred maintenance projects, as
determined by the Secretary of the Interior and the
Director of the National Park Service, with the goal of
ensuring overall parity between amounts allocated to
transportation and non-transportation projects.
(B) Ten percent of amounts in the Fund shall be
allocated for purposes of addressing the national
wildlife refuge system maintenance backlog, as
determined by the Secretary of the Interior and the
Director of the United States Fish and Wildlife
Service.
(C) Five percent of amounts in the Fund shall be
allocated for the purposes of addressing the public
access and recreation backlog on public lands, as
determined by the Secretary of the Interior and the
Director of the Bureau of Land Management.
(D) Five percent of amounts in the Fund shall be
allocated for the purposes of addressing the Bureau of
Indian Education school construction and deferred
maintenance backlogs, as determined by the Secretary of
the Interior and the Director of the Bureau of Indian
Education.
(2) Consideration of project lifespan.--The Secretary of the
Interior shall take into consideration the projected lifespan
of any project under this Act when prioritizing which such
projects to fund under paragraph (1).
(f) Limit on Use of Funds.--No more than 10 percent of the amounts in
the Fund may be used for administrative costs incurred in implementing
this Act.
(g) Prohibited Use of Funds.--No amounts in the Fund shall be used--
(1) for land acquisition;
(2) to supplant discretionary funding made available for the
annually recurring facility operations, maintenance, and
construction needs of the entities for which amounts from the
Fund are allocated under subsection (e); or
(3) for performance awards for Federal employees who are
employed in implementing this Act.
(h) Submission to Congress.--The Secretary of the Interior shall
submit to the Committees on Appropriations and Natural Resources of the
House of Representatives and to the Committees on Appropriations and
Energy and Natural Resources of the Senate, with the annual budget
submission of the President, a list of projects for which the amounts
in the Fund are allocated under this section, including a description
of each such project.
(i) Public Donations.--
(1) In general.--The Secretary of the Interior, the Director
of the National Park Service, the Director of the United States
Fish and Wildlife Service, the Director of the Bureau of Land
Management, and the Assistant Secretary -- Indian Affairs may
accept public cash or in-kind donations that advance efforts--
(A) to reduce the deferred maintenance backlog of the
National Park Service, the national wildlife refuge
system maintenance backlog of the United States Fish
and Wildlife Service, the public access and recreation
backlog of the Bureau of Land Management, and the
school construction backlog of the Bureau of Indian
Education, respectively; and
(B) to encourage relevant public-private
partnerships.
(2) Credits to fund.--Any cash donations accepted under
paragraph (1) shall be credited to, and form a part of, the
Fund.
(3) Reporting.--Each donation received under paragraph (1)
that is used for, or directly related to, the reduction of the
deferred maintenance backlog of the National Park Service, the
national wildlife refuge system maintenance backlog of the
United States Fish and Wildlife Service, the public access and
recreation backlog of the Bureau of Land Management, and the
school construction backlog of the Bureau of Indian Education,
shall be included with the annual budget submission of the
President to Congress.
PURPOSE OF THE BILL
The purpose of H.R. 1225 is to establish, fund, and provide
for the use of amounts in a National Park Service and Public
Lands Legacy Restoration Fund to address the maintenance
backlog of the National Park Service, United States Fish and
Wildlife Service, Bureau of Land Management, and Bureau of
Indian Education, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
Across our nation's public lands, federal land management
agencies are facing a deferred maintenance backlog that
negatively impacts agency budgets and threatens visitor safety,
access, and enjoyment. Currently, the Department of the
Interior (DOI) has a deferred maintenance backlog of more than
$16 billion.\1\ The National Park Service (NPS) alone has a
backlog of nearly $12 billion\2\--the majority of DOI's total--
but the U.S. Fish and Wildlife Service (FWS) and the Bureau of
Land Management (BLM) also have substantial maintenance
backlogs. FWS has a deferred maintenance backlog of $1.3
billion, and BLM has a backlog of $960 million.\3\ In addition,
the Bureau of Indian Education (BIE), which serves 47,000
students in 23 states, has a deferred maintenance backlog of
$673.9 million--more than half of the agency's total budget
authority in FY18.\4\
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\1\U.S. Dep't of the Interior, Fiscal Year 2020: The Interior
Budget in Brief, at DH-7 (2019), https://www.doi.gov/sites/doi.gov/
files/uploads/2020_highlights_book.pdf.
\2\Id. at DH-11.
\3\Carol Hardy Vincent, Cong. Research Serv., R43997, Deferred
Maintenance of Federal Land Management Agencies: FY2009-FY2018
Estimates and Issues 3 (2019).
\4\See U.S. Dep't of the Interior, Budget Justifications and
Performance Information Fiscal Year 2020: Bureau of Indian Education
BIE-CON-ED-19 to -20 (2019), https://www.doi.gov/sites/doi.gov/files/
uploads/fy2020_bie_budget_justification.pdf.
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Maintaining and preserving America's public lands has long
been an issue of interest to lawmakers, federal agencies, and
the public. Unfortunately, years of inadequate funding,
expansion of the parks system, and increased visitation have
strained federal land management agencies, inhibiting their
ability to fund necessary repairs. The cost to repair
facilities often increases with time, exacerbating the problem.
Furthermore, repair costs are not limited only to facilities,
but also to roads, bridges, and other public lands
infrastructure, which are often expensive to maintain. In an
effort to address this issue, many agencies are actively
working to reduce their backlogs through alternative
strategies. NPS, for example, employs a holistic funding model
that includes accepting philanthropic donations, utilizing
volunteers, and partnering with friends' groups.
Despite these efforts to address deferred maintenance
through alternative funding sources, the backlog has increased
over the past decade. From FY2009 through FY2018, NPS spent
roughly $10.5 billion on maintenance projects, and the backlog
still increased by $1.7 billion as of FY16. Accordingly, there
is a significant need for a dedicated, substantial, and
effective solution to the deferred maintenance backlog.
The Restore Our Parks and Public Lands Act would reduce the
maintenance backlog on our public lands through the
establishment of the National Park Service and Public Lands
Legacy Restoration Fund (Fund). The Fund will receive 50
percent of receipts generated from energy development on
federal land and water not allocated for other purposes.
The Fund would also receive mandatory funding for the
deferred maintenance needs on NPS, FWS, and BLM lands, and BIE
schools. The Fund would draw monies from all sources of federal
energy revenue--including onshore and offshore development and
renewable energy sources. This funding will enable land
management agencies to launch a targeted effort to aggressively
reduce the deferred maintenance backlog with a dedicated
funding stream, while ensuring that existing revenue streams
remain intact and fulfilled.
COMMITTEE ACTION
H.R. 1225 was introduced on February 14, 2019, by Ranking
Member Rob Bishop (R-UT). The bill was referred to the
Committee on Natural Resources and in addition to the Committee
on Education and Labor. Within the former committee, the bill
was referred to the Subcommittee on National Parks, Forests,
and Public Lands; the Subcommittee for Indigenous Peoples of
the United States; and the Subcommittee on Water, Oceans, and
Wildlife. On June 26, 2019, the Natural Resources Committee met
to consider the bill. The Subcommittees were discharged by
unanimous consent. Chair Raul Grijalva (D-AZ) offered an
amendment in the nature of a substitute. Representative Bruce
Westerman (R-AR) offered and withdrew an amendment designated
Westerman #1 to the amendment in the nature of a substitute.
Representative Garret Graves (R-LA) offered and withdrew an
amendment designated Graves #1 to the amendment in the nature
of a substitute. Representative Graves offered an amendment
designated Graves #2 to the amendment in the nature of a
substitute. The amendment was not agreed to by a roll call vote
of 7 yeas and 31 nays, as follows:
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Representative Graves offered an amendment designated
Graves #3 to the amendment in the nature of a substitute. The
amendment was not agreed to by a roll call vote of 4 yeas and
34 nays, as follows:
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Representative Graves offered an amendment designated
Graves #4 to the amendment in the nature of a substitute. The
amendment was not agreed to by a roll call vote of 6 yeas and
32 nays, as follows:
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Representative Graves offered an amendment designated
Graves #5 to the amendment in the nature of a substitute. The
amendment was not agreed to by voice vote. Representative
Graves offered an amendment designated Graves #6 to the
amendment in the nature of a substitute. The amendment was not
agreed to by a roll call vote of 6 yeas and 32 nays, as
follows:
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Representative Graves offered an amendment designated
Graves #7 to the amendment in the nature of a substitute. The
amendment was not agreed to by voice vote. Representative
Graves offered an amendment designated Graves #8 to the
amendment in the nature of a substitute. The amendment was not
agreed to by voice vote. Representative Graves offered an
amendment designated Graves #9 to the amendment in the nature
of a substitute. The amendment was not agreed to by a roll call
vote of 6 yeas and 32 nays, as follows:
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Representative Graves offered an amendment designated
Graves #10 to the amendment in the nature of a substitute. The
amendment was not agreed to by voice vote. Representative
Graves offered an amendment designated Graves #11 to the
amendment in the nature of a substitute. The amendment was not
agreed to by a roll call vote of 5 yeas and 33 nays, as
follows:
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Representative Graves offered an amendment designated
Graves #12 to the amendment in the nature of a substitute. The
amendment was not agreed to by voice vote. Representative
Graves offered an amendment designated Graves #13 to the
amendment in the nature of a substitute. The amendment was not
agreed to by a roll call vote of 9 yeas and 29 nays, as
follows:
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Representative Graves offered an amendment designated
Graves #14 to the amendment in the nature of a substitute. The
amendment was not agreed to by voice vote. Representative
Graves offered an amendment designated Graves #15 to the
amendment in the nature of a substitute. The amendment was not
agreed to by a roll call vote of 8 yeas and 30 nays, as
follows:
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Representative Graves offered an amendment designated
Graves #16 to the amendment in the nature of a substitute. The
amendment was not agreed to by a roll call vote of 14 yeas and
24 nays, as follows:
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Representative Graves offered an amendment designated
Graves #17 to the amendment in the nature of a substitute. The
amendment was not agreed to by voice vote. Representative
Graves offered an amendment designated Graves #18 to the
amendment in the nature of a substitute. The amendment was not
agreed to by a roll call vote of 4 yeas and 34 nays, as
follows:
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Representative Graves offered an amendment designated
Graves #19 to the amendment in the nature of a substitute. The
amendment was not agreed to by a roll call vote of 7 yeas and
31 nays, as follows:
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Representative Graves offered an amendment designated
Graves #20 to the amendment in the nature of a substitute. The
amendment was not agreed to by voice vote. Representative
Graves offered an amendment designated Graves #21 to the
amendment in the nature of a substitute. The amendment was not
agreed to by a roll call vote of 9 yeas and 29 nays, as
follows:
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The amendment in the nature of a substitute offered by
Chair Grijalva was adopted by voice vote. The bill, as amended,
was ordered favorably reported to the House of Representatives
by a roll call vote of 36 yeas and 2 nays, as follows:
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HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--(1) the following hearing was used to develop
or consider H.R. 1225: full Committee markup held on June 26,
2019.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 26, 2019.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1225, the Restore
Our Parks and Public Lands Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is David Hughes.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
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Bill summary: H.R. 1225 would establish the National Park
Service and Public Lands Legacy Restoration Fund within the
Department of the Treasury. For each fiscal year over the 2020-
2024 period, up to 50 percent of all receipts collected from
onshore and offshore energy development on public lands and
waters would be deposited into the fund, not to exceed $1.3
billion in any year. Deposited funds, including cash donations
to the fund, would be available to the Department of the
Interior without further appropriation.
Under H.R. 1225, the fund's unspent amounts could be
invested in Treasury securities; the income would be available
for expenditure without further appropriation. DOI also would
be required to include in its annual budget request a list and
description of the projects it plans to pursue.
Estimated Federal cost: The estimated budgetary effect of
H.R. 1225 is shown in Table 1. The costs of the legislation
fall within budget function 300 (natural resources and the
environment).
TABLE 1.--ESTIMATED DIRECT SPENDING UNDER H.R. 1225
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By fiscal year, millions of dollars--
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2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2019-2024 2019-2029
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Estimated Budget Authority................. 0 1,300 1,324 1,347 1,365 1,377 90 66 46 27 13 6,713 6,955
Estimated Outlays.......................... 0 0 78 218 447 747 1,034 1,179 1,108 924 634 1,490 6,369
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Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the end of 2019. CBO estimates
that enacting H.R. 1225 would cost $6.4 billion over the 2019-
2029 period.
Revenues from Energy Leases
In its May 2019 baseline, CBO projects that gross
offsetting receipts from onshore and offshore leases will total
about $9 billion annually and $46 billion over the 2020-2024
period. CBO estimates that approximately 51 percent of the
gross receipts collected in 2020 will be distributed to states
or allocated for other purposes under current law. Although
that percentage could change, CBO anticipates that there will
be more than the bill's limit of $1.3 billion available, so
that the maximum amount would be deposited each year.
Interest on Treasury Investments
H.R. 1225 would authorize DOI to invest unspent balances in
Treasury securities; any interest earned would be available for
expenditure from the fund. Based on the interest rate
projections underlying CBO's May 2019 baseline, CBO estimates
that enacting the bill would result in an additional $455
million being credited to the fund over the 2019-2029 period.
Pace of Spending
CBO expects that under H.R. 1225, amounts deposited into
the fund at the end of each fiscal year effectively would not
be available for spending until the following year. Thus, CBO
does not estimate any spending under the bill in 2020.
H.R. 1225 would require funds to be allocated as follows:
Eighty percent to the National Park Service
(NPS) for deferred maintenance, split equally between
transportation and nontransportation projects,
Ten percent to the U.S. Fish and Wildlife
Service (USFWS) to address the maintenance backlog in
the national wildlife refuge system,
Five percent to the Bureau of Land
Management to address a backlog in public access and
recreation projects, and
Five percent to the Bureau of Indian
Education for school construction and deferred
maintenance.
Administrative costs would be capped at 10 percent of total
annual spending; other spending limitations are included in the
bill.
Using information from the NPS and USFWS about how the
funds might be used, CBO anticipates that those agencies would
primarily focus in the first year on hiring staff for project
management, planning, and design. Subsequent funding, CBO
anticipates, would go to small- to large-scale projects for
transportation, water and utilities, and restoration and
reconstruction. The cost of individual projects would depend on
their type and scale.\1\ Based on historical spending patterns,
CBO estimates that spending from the fund would be slow in the
early years and would peak over the 2024-2028 period as larger
projects are completed. (According to the NPS, most projects
last between 3\1/2\ and 5 years.) Although most currently
identified projects would be completed by 2029, CBO anticipates
that DOI would continue to spend amounts in the fund after
that.
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\1\One larger deferred-maintenance project is construction and
repairs along the George Washington Memorial Parkway near Washington,
D.C., estimated in 2015 at about $475 million. See Government
Accountability Office, National Park Service: Process Exists for
Prioritizing Asset Maintenance Decisions, but Evaluation Could Improve
Efforts, GAO-17-136 (December 2016), www.gao.gov/products/GAO-17-136.
Smaller projects include rehabilitating a flood protection levee at the
Don Edwards San Francisco Bay National Wildlife Refuge ($6 million) and
replacing a deficient visitor center and water treatment center at
Wrangell-Saint Elias National Park and Preserve ($3 million). More
information about such projects can be found at the Department of the
Interior, Budget Justifications and Performance Information: Fiscal
Year 2020, Department of the Interior, www.doi.gov/budget/
appropriations/2020.
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Donations
H.R. 1225 would authorize DOI to accept cash donations to
the fund; such collections are treated as reductions in direct
spending and also would be available for spending without
further appropriation. CBO expects that any donations would be
offset by expenditures, and the net effect on direct spending
would be negligible over the 2019-2029 period.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in Table 1.
Increase in long-term deficits: CBO estimates that enacting
H.R. 1225 would not increase on-budget deficits by more than $5
billion in any of the four consecutive 10-year periods
beginning in 2030.
Mandates: None.
Estimate prepared by: Federal costs: David Hughes
(Department of the Interior); Kathleen Gramp and Janani
Shankaran (energy receipts);
Mandates: Lilia Ledezma.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill is to establish, fund, and provide for
the use of amounts in a National Park Service and Public Lands
Legacy Restoration Fund to address the maintenance backlog of
the National Park Service, United States Fish and Wildlife
Service, Bureau of Land Management, and Bureau of Indian
Education.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
UNFUNDED MANDATES REFORM ACT STATEMENT
This bill contains no unfunded mandates.
EXISTING PROGRAMS
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program. Such program was not included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139 or identified in the most
recent Catalog of Federal Domestic Assistance published
pursuant to 31 U.S.C. Sec. 6104 as relating to other programs.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing
law.
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SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS
None.
[all]