Land and National Park Deferred Maintenance Act or the LAND Act
This bill makes permanent the Land and Water Conservation Fund (LWCF).
From the amounts deposited into the LWCF, $450 million shall be available in each fiscal year to carry out the purposes of the LWCF.
Of the total amount available through appropriations or deposited into the fund under the Gulf of Mexico Energy Security Act of 2006, at least 40% shall be for federal purposes, and at least 40% shall be for financial assistance to states.
The bill prohibits the use of any funds to states for acquisition of lands or waters by eminent domain.
At least 3% of appropriated or expended LWCF funds must be available for projects that secure public access to existing federal public land for hunting, fishing, and other recreational purposes.
The bill establishes a National Park Service and Related Agencies Maintenance and Revitalization Conservation Fund for the deposit through FY2029 of $450 million from mineral revenues that are not otherwise credited, covered, or deposited under federal law. Of amounts made available from this fund, the Department of the Interior shall use specified amounts for priority deferred maintenance needs that support critical infrastructure and visitor services.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1026 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1026
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.
_______________________________________________________________________
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
addition to the Committee on the Budget, 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 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Land and National Park Deferred
Maintenance Act'' or the ``LAND Act''.
SEC. 2. LAND AND WATER CONSERVATION FUND.
(a) Reauthorization.--Section 200302 of title 54, United States
Code, is amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``During the period ending September 30, 2018,
there'' and inserting ``There''; and
(2) in subsection (c)(1), by striking ``through September
30, 2018''.
(b) Funding.--Section 200303 of title 54, United States Code, is
amended to read as follows:
``Sec. 200303. Funding
``(a) Funding for Fiscal Years 2020 Through 2029.--From amounts
covered into the fund under section 200302 of this chapter--
``(1) $450,000,000 in each fiscal year shall be available
for expenditure to carry out the purposes of this Act, without
further appropriation or fiscal year limitation, to carry out
the purposes of the Fund (including accounts and programs made
available from the Fund under the Consolidated Appropriations
Act, 2017 (Public Law 115-31)); and
``(2) the remainder of amounts covered into the fund shall
be available subject to appropriations, which may be made
without fiscal year limitation.
``(b) Uses.--Amounts made available for obligation or expenditure
from the fund may be obligated or expended only as provided in this
chapter.''.
(c) Allocation and Uses of Funds.--Section 200304 of title 54,
United States Code, is amended--
(1) by striking ``There'' and inserting ``(a) In General.--
There''; and
(2) by striking the second sentence and inserting the
following:
``(b) Allocation of Funds.--Of the total amount made available to
the Fund through appropriations or deposited in the Fund under section
105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (43
U.S.C. 1331 note; Public Law 109-432)--
``(1) not less than 40 percent shall be used for Federal
purposes; and
``(2) not less than 40 percent shall be used to provide
financial assistance to States.
``(c) Priorities.--The President shall, as part of the President's
annual budget submission to Congress, submit to Congress detailed
account, program, and project allocations for funds made available
under paragraph (b)(1). Acts of appropriation may provide alternate
allocations for such amounts.
``(d) Prohibition on Use of Eminent Domain.--No funds made
available to a State under this Act may be used for the acquisition of
land, water, or an interest in land or water by eminent domain.''.
(d) Recreation Access.--Section 200306 of title 54, United States
Code, is amended by adding at the end the following:
``(c) Public Access.--Not less than 3 percent of amounts
appropriated or expended under this chapter in each fiscal year shall
be made available for the fiscal year for projects that secure
recreational public access to existing Federal public land for hunting,
fishing, and other recreational purposes.''.
(e) Conforming Amendments.--Title 54, United States Code--
(1) in section 200302, paragraph (3) of subsection (c) is
amended by inserting ``or otherwise expended'' after
``Congress'';
(2) in section 200304--
(A) the first sentence is amended by inserting ``or
expenditures'' after ``appropriations''; and
(B) the second sentence is amended by inserting
``or expenditures'' after ``appropriations'';
(3) in section 200305--
(A) the matter preceding paragraph (1) of
subsection (b) is amended by inserting ``or otherwise
provided'' after ``appropriated'';
(B) paragraph (1) of subsection (b) is amended by
inserting ``expenditures'' after ``appropriations'';
and
(C) paragraph (2) of subsection (b) is amended by
inserting ``expenditure'' after ``appropriation''; and
(4) in section 200306--
(A) paragraph (1) is amended by inserting ``or
expended'' after ``appropriated'';
(B) in paragraph (2), subparagraph (B)(ii) is
amended by inserting ``or expended'' after
``appropriated'';
(C) paragraph (4) is amended by inserting ``or
expenditures'' after ``appropriations'' each time it
appears; and
(D) subsection (b) is amended by inserting ``or
expenditures'' after ``Appropriations'' each time it
appears.
(f) Clerical Amendment.--The table of sections for chapter 2003 of
title 54, United States Code, is amended by striking the item relating
to section 200303 and inserting the following:
``200303. Funding.''.
SEC. 3. NATIONAL PARK SERVICE MAINTENANCE AND REVITALIZATION
CONSERVATION FUND.
(a) In General.--There is hereby established in the Treasury a
special account to be known as the ``National Park Service and Related
Agencies Maintenance and Revitalization Conservation Fund''.
(b) Availability of Funds.--For each of fiscal years 2020 through
2029, $450,000,000 shall be available for expenditure to carry out the
purposes of this Act, without further appropriation or fiscal year
limitation, to carry out the purposes of the Fund. Amounts from the
Fund shall not be used for the acquisition of land or interests in
land.
(c) Deposits.--At the beginning of each applicable fiscal year,
there shall be deposited in the Fund $450,000,000 from mineral revenues
due and payable to the United States that are not otherwise credited,
covered, or deposited under Federal law.
(d) Department of the Interior.--Of funds made available under
subsection (b) each fiscal year, the Secretary of the Interior shall
use the following amounts for priority deferred maintenance needs that
support critical infrastructure and visitor services:
(1) 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.
(2) 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.
(3) 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.
(4) Five percent of amounts in the Fund shall be 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.
(e) Prohibited Use of Funds.--No amounts in the Fund shall be
used--
(1) 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 (d); or
(2) for performance awards for Federal employees who are
employed in implementing this Act.
(f) Submission to Congress.--The Secretary of the Interior shall
submit to the Committees on Appropriations and Energy and Natural
Resources of the Senate and to the Committees on Appropriations and
Natural Resources in the House of Representatives, 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.
(g) 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 of
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.
(h) 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.
SEC. 4. OFFSET.
It is the sense of Congress that the costs of carrying out this Act
should be offset.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committee on the Budget, 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.
Referred to the Committee on Natural Resources, and in addition to the Committee on the Budget, 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.
Referred to the Subcommittee on National Parks, Forests, and Public Lands.
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