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115th Congress     }                                {   Rept. 115-1088
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                {          Part 1

======================================================================



 
                 RESTORE OUR PARKS AND PUBLIC LANDS ACT

                                _______
                                

               December 20, 2018.--Ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 6510]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 6510) 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 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 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.--Amounts in the Fund shall be used as follows:
          (1) 80 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) 10 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) 5 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) 5 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.
  (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 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.
  (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 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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 6510 is to establish, fund, and provide 
for the use of amounts in the 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 the Bureau of 
Indian Education.

                  BACKGROUND AND NEED FOR LEGISLATION

    Federal land management agencies are facing a deferred 
maintenance backlog that is exhausting agency budgets and 
negatively impacting visitor access, enjoyment, and safety on 
federal lands. The Department of the Interior's (DOI) total 
deferred maintenance backlog currently stands at $16 
billion.\1\ Although the National Park Service (NPS) backlog of 
$11.6 billion makes up the majority of the DOI's total, the 
U.S. Fish and Wildlife Service (FWS) and the Bureau of Land 
Management (BLM) also have significant maintenance backlogs.\2\ 
FWS has an estimated deferred maintenance backlog of $1.4 
billion.\3\ The BLM's total is estimated at $810 million, which 
has increased 65 percent over the past decade.\4\
---------------------------------------------------------------------------
    \1\NPS. ``National Park Service Asset Inventory Summary'' Data as 
of September 30, 2017. https://www.nps.gov/subjects/
plandesignconstruct/upload/FY17-Asset-Inventory-Summary-AIS-
Servicewide_Report_508-3.pdf.
    \2\DOI Press Release. ``President's $11.7 Billion Proposed FY2019 
Budget for Interior''. February 12, 2018. https://www.doi.gov/
pressreleases/presidents-117-billion-proposed-fy-2019-budget-interior-
includes-legislation.
    \3\``U.S. Fish and Wildlife Service FY2019 Budget in Brief.'' U.S. 
Fish and Wildlife Service. Accessed March 1, 2018. https://www.doi.gov/
sites/doi.gov/files/uploads/fy2019_bib_bh059.pdf.
    \4\Vincent, Carol Hardy. ``Deferred Maintenance of Federal Land 
Management Agencies: FY2007-FY2016.'' April 25, 2017. https://fas.org/
sgp/crs/misc/R43997.pdf.
---------------------------------------------------------------------------
    The Bureau of Indian Education (BIE) serves 47,000 students 
in 23 States. Although many of the schools are controlled and 
operated by tribes, the BIE is responsible for the maintenance 
of facilities, which comprise 169 school buildings and 14 
dormitories. The estimated deferred maintenance backlog for BIE 
schools is $634 million.\5\
---------------------------------------------------------------------------
    \5\All BIE statistics from: The Department of the Interior, FY2019 
Budget https://edit.doi.gov/sites/doi.gov/files/uploads/
fy2019_bib_dh005.pdf.
---------------------------------------------------------------------------
    The deferred maintenance backlog of the NPS has long been 
an issue of interest to lawmakers, federal agencies, and the 
public. Attention to the problem and the need for a solution 
has grown as cost estimates for addressing the backlog have 
increased to nearly $12 billion in recent years.\6\ Among other 
management challenges, the deferred maintenance backlog 
negatively impacts visitor access, enjoyment, and safety on 
public lands.\7\
---------------------------------------------------------------------------
    \6\National Park Service, Planning, Design and Construction 
Management, NPS Deferred Maintenance Reports https://www.nps.gov/
subjects/plandesignconstruct/defermain.htm.
    \7\The Department of the Interior, FY2019 Budget https://
edit.doi.gov/sites/doi.gov/files/uploads/fy2019_bib_dh005.pdf.
---------------------------------------------------------------------------
    Funding to address agency maintenance backlogs comes from 
discretionary appropriations and other sources. However, as the 
federal estate expands, existing infrastructure ages, and 
visitation increases, federal land managers are increasingly 
unable to fund necessary repairs. The cost to repair facilities 
often increases exponentially with time compounding the 
problem. Many agencies are actively working to address the 
shortfall through alternative strategies. NPS, for example, is 
utilizing a holistic funding model that includes accepting 
philanthropic donations, utilizing volunteers, partnering with 
friends' groups, expanding private concessions operations, 
partnering with States to apply for transportation grants, and 
approving private leasing properties.
    Despite efforts to address deferred maintenance through 
alternative funding sources and improved asset management, the 
backlog has grown considerably over the past decade. From 
Fiscal Year 2006 through Fiscal Year 2015, NPS spent roughly 
$10.5 billion on maintenance projects, and yet the backlog 
still increased by $1.7 billion as of Fiscal Year 2016.\8\ 
Thus, there is a significant need for innovative, substantial, 
and effective solutions to the deferred maintenance backlog 
problem.
---------------------------------------------------------------------------
    \8\Government Accountability Office. ``National Park Service: 
Process Exists for Prioritizing Asset Maintenance Decisions, but 
Evaluation Could Improve Efforts.'' GAO-17-136. Dec 13, 2016. http://
www.gao.gov/assets/690/681581.pdf.
---------------------------------------------------------------------------
    The Restore Our Parks and Public Lands Act would 
significantly reduce the maintenance backlog on our federal 
lands through establishment of the National Park Service and 
Public Lands Legacy Restoration Fund. The Fund will receive 50% 
of receipts generated from energy development on federal land 
not otherwise allocated for other purposes. Leveraging revenue 
from federal energy leasing to support conservation of public 
land is a not a new concept. Receipts derived from energy 
leasing are invested in the Reclamation Fund, the Land and 
Water Conservation Fund, the Historic Preservation Fund, and 
the Gulf of Mexico Energy Security Act. The National Park 
Service and Public Lands Legacy Restoration Fund established by 
H.R. 6510 expands this funding mechanism to assist federal land 
management agencies and BIE schools, but does not divert 
funding from these other accounts.
    The Fund would receive mandatory funding for the deferred 
maintenance needs at our national parks, refuges, BLM sites, 
and BIE schools. The Fund draws from all sources of federal 
energy revenue including onshore and offshore development and 
alternative and renewable energy sources such as solar, wind, 
geothermal, and hydropower. This Fund will enable the land 
management agencies to launch a targeted effort to aggressively 
reduce the deferred maintenance backlog with a dedicated 
funding stream, while ensuring existing revenue structures 
remain intact and fulfilled.
    The Restore Our Parks and Public Lands Act is consistent 
with the President's Fiscal Year 2019 DOI budget proposal that 
calls upon Congress to establish a Public Lands Infrastructure 
Fund to help address and make long-overdue repairs and 
improvements to facilities on federal lands.\9\
---------------------------------------------------------------------------
    \9\The Department of the Interior, FY2019 Interior Budget in Brief 
https://www.doi.gov/budget/appropriations/2019/highlights.
---------------------------------------------------------------------------
    The Subcommittee on Federal Lands held a hearing on two 
similar bills that address the deferred maintenance backlog 
(H.R. 2584 and H.R. 5120) on March 20, 2018.\10\ In addition, 
the Natural Resources Committee held an oversight hearing on 
the DOI maintenance backlog on March 6, 2018.\11\
---------------------------------------------------------------------------
    \10\https://naturalresources.house.gov/calendar/
eventsingle.aspx?EventID=404182.
    \11\https://naturalresources.house.gov/calendar/
eventsingle.aspx?EventID=404079.
---------------------------------------------------------------------------
    Similar legislation has been introduced in the Senate (S. 
3172) by Senator Rob Portman (R-OH). The Senate Committee on 
Energy and Natural Resources ordered S. 3172 favorably reported 
with an amendment in the nature of a substitute on October 2, 
2018.

            SECTION-BY-SECTION ANALYSIS OF BILL AS REPORTED

Section 1. Short title

    This act may be cited as the Restore Our Parks and Public 
Lands Act.

Section. 2. National Park Service and Public Lands Legacy Restoration 
        Fund

    Subsection (a) establishes the National Park Service and 
Public Lands Legacy Restoration Fund.
    Subsection (b):
          1. Deposits into the Fund 50% of all energy revenue 
        due to the United States from oil, gas, coal, 
        alternative, and renewable energy development on 
        federal land and water, not otherwise allocated to 
        other funds and which would otherwise be deposited as 
        miscellaneous receipts. Deposits these monies for five 
        fiscal years from 2019-2023.
          2. Sets the maximum amount that can be deposited into 
        the Fund in any fiscal year at $1.3 billion.
          3. Clarifies that enactment of the bill and 
        implementation of the Fund will not affect:
                  A. Revenues due to the United States, special 
                funds, trust funds, or States;
                  B. Revenues designated for the Gulf of Mexico 
                Energy Security Act of 2006, the Mineral 
                Leasing Act, or the Land and Water Conservation 
                Fund.
    Subsection (c) provides that amounts deposited in the Fund 
are available to the Secretary of the Interior without further 
appropriation or fiscal year limitation.
    Subsection (d) provides that amounts in the Fund may be 
invested by the Secretary of the Treasury (at the request of 
the Secretary of the Interior), with investment income becoming 
part of the Fund.
    Subsection (e) provides that amounts in the Fund shall be 
used as follows:
          1. 80% allocated to the NPS for priority maintenance 
        needs, striving for parity between transportation and 
        non-transportation projects;
          2. 10% allocated to FWS to address the national 
        wildlife refuge system maintenance backlog;
          3. 5% allocated to BLM to address public access and 
        recreation backlog;
          4. 5% allocated to BIE for school construction and 
        deferred maintenance backlogs.
    Subsection (f) provides that no more than 10% of the Fund 
may be used for administrative costs.
    Subsection (g) provides that no amounts in the Fund will be 
used for land acquisition, to supplant discretionary funding 
for facility operations, construction and maintenance, or for 
federal employee performance awards.
    Subsection (h) requires the Secretary of the Interior to 
submit to the relevant Congressional committees with the annual 
budget of the President a list and description of projects to 
be funded.
    Subsection (i) provides that the Secretary of the Interior 
is authorized to accept cash and in-kind donations, and to 
encourage public-private partnerships to reduce the maintenance 
backlogs at NPS, FWS, BLM and BIE school construction. 
Donations will be included with the annual budget submission to 
Congress and deposited into the Fund.

                            COMMITTEE ACTION

    H.R. 6510 was introduced on July 25, 2018, by Congressman 
Rob Bishop (R-UT). The bill was referred primarily to the 
Committee on Natural Resources and additionally to the 
Committee on Education and the Workforce and the Committee on 
Transportation and Infrastructure. On September 13, 2018, the 
Natural Resources Committee met to consider the bill. 
Congressman Rob Bishop offered an amendment in the nature of a 
substitute designated 082. The following amendments were 
offered to the amendment in the nature of a substitute: 
Congressman Raul M. Grijalva (D-AZ) offered and withdrew an 
amendment designated 001. Congressman Mike Johnson (R-LA) 
offered an amendment designated 052; it was not adopted by 
voice vote. Congressman Mike Johnson (R-LA) offered an 
amendment designated 053; it was not adopted by voice vote. 
Congressman Mike Johnson (R-LA) offered an amendment designated 
054; it was not adopted by voice vote. Congressman Garret 
Graves (R-LA) offered an amendment designated #1; it was not 
adopted by voice vote. Congressman Garret Graves (R-LA) offered 
an amendment designated #2; it was not adopted by voice vote. 
Congressman Garret Graves (R-LA) offered an amendment 
designated #3; it was not adopted by voice vote. Congressman 
Garret Graves (R-LA) offered an amendment designated #15; it 
was not adopted by voice vote. Congressman Garret Graves (R-LA) 
offered an amendment designated #25; it was not adopted by 
voice vote. Congressman Garret Graves (R-LA) offered amendments 
designated #4, #5, #6, #7, #8, #9, #10, #11, #12, #13, #14, 
#16, #19, #20 en bloc; the en bloc amendment was not adopted by 
voice vote. The amendment in the nature of a substitute was 
adopted by voice vote. The bill, as amended, was ordered 
favorably reported to the House of Representatives by voice 
vote.

            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, October 12, 2018.
Hon. Rob Bishop,
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. 6510, 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 Janani 
Shankaran.
            Sincerely,
                                             Mark P. Hadley
                                        (For Keith Hall, Director).
    Enclosure.

H.R. 6510--Restore Our Parks and Public Lands Act

    Summary: H.R. 6510 would require that proceeds from certain 
leases involving energy resources on public lands be deposited 
into a new fund in the Treasury. Under the bill, the Department 
of the Interior (DOI) could spend amounts in the fund without 
further appropriation, including interest credited to unspent 
balances, on deferred maintenance and infrastructure projects 
administered by the National Park Service (NPS), U.S. Fish and 
Wildlife Service (USFWS), Bureau of Land Management (BLM), and 
Bureau of Indian Education. The department also could accept 
and spend any cash or in-kind donations received from the 
public for such projects.
    CBO estimates that enacting H.R. 6510 would increase net 
direct spending by $6.5 billion over the 2019-2028 period; 
therefore, pay-as-you-go procedures apply. The bill would not 
affect revenues.
    CBO also estimates that enacting H.R. 6510 would not 
increase net direct spending by more than $2.5 billion or on-
budget deficits by more than $5 billion in any of the four 
consecutive 10-year periods beginning in 2029.
    H.R. 6510 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of H.R. 6510 is shown in the following table. 
The costs of the legislation fall within budget functions 300 
(natural resources and the environment) and 450 (community and 
regional development).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  By fiscal year, in millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2019    2020    2021    2022    2023    2024    2025    2026    2027    2028   2019-2023  2019-2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              INCREASES IN DIRECT SPENDING
 
Estimated Budget Authority........................   1,300   1,333   1,371   1,398   1,407     112      81      56      32      16     6,809      7,106
Estimated Outlays.................................       0      78     218     449     753   1,045   1,197   1,130     947     655     1,498      6,472
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, C130 assumes that the 
legislation will be enacted near the start of 2019.
    CBO estimates that enacting H.R. 6510 would make $7.1 
billion in new budget authority available to DOI for deferred 
maintenance and infrastructure projects; resulting outlays 
would total $6.5 billion over the 2019-2028 period. Those funds 
would be available to DOI without further appropriation.

Energy leases

    H.R. 6510 would establish the National Park Service and 
Public Lands Legacy Restoration Fund in the Treasury and would 
deposit 50 percent of the proceeds received from federal 
offshore and onshore energy leases over the 2019-2023 period 
into that fund, subject to an annual limit of $1.3 billion. 
Amounts in the fund would be available to DOI for 
infrastructure projects, subject to various conditions, 
including a requirement that amounts available under current 
law for revenue sharing with states and other purposes not be 
affected.
    CBO estimates that future proceeds from energy leases would 
be sufficient to allow $1.3 billion to be deposited into the 
fund each fiscal year from 2019 through 2023. In CBO's April 
2018 baseline, CBO projects that gross offsetting receipts from 
offshore and onshore leases will total about $40 billion over 
that five-year period. CBO estimates that approximately 55 
percent of the gross receipts collected in 2018 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.\1\
---------------------------------------------------------------------------
    \1\The amounts deposited into the fund could be affected by factors 
(such as the mix of leases for offshore and onshore activities, which 
are distributed differently under current law) or by policy changes 
(for example, the authority to transfer certain proceeds from energy 
leases to the Land and Water Conservation Fund expired at the end of 
fiscal year 2018).
---------------------------------------------------------------------------

Intragovernmental interest

    H.R. 6510 would authorize the department to spend any 
interest credited to unspent balances in the fund. Under the 
bill, the Department of the Treasury would be authorized to pay 
interest on any balances that are not needed for current 
expenditures. Based on the projected spending patterns for the 
activities authorized by the bill (discussed below) and the 
economic assumptions underlying CBO's baseline projections, CBO 
estimates that implementing this provision would increase the 
amounts added to the fund by $606 million over the 2019-2028 
period.

Spendout of funds

    CBO expects that under H.R. 6510, amounts would be 
deposited into the fund at the end of a fiscal year and 
effectively would not be available for spending until the 
following year. Accordingly, CBO estimates that there would be 
no spending in 2019. As specified in the bill, amounts in the 
fund would be allocated to agencies to address deferred 
maintenance and infrastructure needs as follows: 80 percent for 
the NPS; 10 percent for USFWS; 5 percent for BLM; and 5 percent 
for the Bureau of Indian Education. The bill would cap overall 
administrative spending at 10 percent.
    Using information from the NPS and the USFWS, CBO expects 
that initially the agencies would hire additional staff for 
project management, planning, and design work. CBO anticipates 
that projects funded would include a mix of transportation, 
water and utility, and restoration and reconstruction 
projects.\2\ According to the NPS, the time from start to 
completion has ranged from 30 months (for smaller-scale 
projects) to five years (for transportation projects). Using 
information from the agencies, and based on historical spending 
patterns for similar activities, CBO estimates that spending 
from the fund would be comparatively slow in the early years 
and would peak over the 2024-2027 period as larger-scale 
projects were completed. Most projects would be completed by 
2028, however we expect that DOI would continue to spend any 
remaining balances in the fund after 2028.
---------------------------------------------------------------------------
    \2\The costs of individual projects depend on type and scale. For 
example, the NPS estimated the cost of deferred maintenance along the 
George Washington Memorial Parkway near Washington, D.C., at about $475 
million in 2015. (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.goviproducts/GA0-17-136.) The estimated cost to rehabilitate a 
flood protection levee at the Don Edwards San Francisco Bay National 
Wildlife Refuge is about $4 million, and the estimated cost to 
rehabilitate a campground at Yosemite National Park is $1 million. More 
information about DOI's projects is included in Department of the 
Interior, Budget Justifications and Performance Information: Fiscal 
Year 2019, U.S. Fish and Wildlife Service (February 2018), and Budget 
Justifications and Performance Information: Fiscal Year 2019, National 
Park Service (February 2018), www.doi.govibpp/budget-justifications.
---------------------------------------------------------------------------

Donations

    H.R. 6510 would authorize DOI to accept cash and in-kind 
donations; such collections are treated as reductions in direct 
spending. The donations would become part of the special fund 
and would be available to spend without further appropriation. 
CBO expects that donations would be offset by expenditures and 
that the net effect on direct spending would be negligible.
    Uncertainty: CBO aims to produce cost estimates that 
generally reflect the middle of a range of the most likely 
budgetary outcomes that would result if the legislation was 
enacted. Spending could be higher or lower for several reasons:
     Prices or quantities of energy resources produced 
on federal lands could be significantly lower in the future 
than what CBO estimated in its baseline projections; in that 
case less money would be available for the infrastructure 
projects authorized by the bill. (If prices or quantities 
produced were significantly higher, no more money would be 
available for infrastructure projects because the amount that 
can be deposited into the fund is capped at $1.3 billion each 
year through 2023.)
     The number, type, and scale of projects pursued by 
DOI could be different than CBO estimated, so spending from the 
fund each year could be different.
     Finally, the amount of interest that would be 
credited to the fund could be different if the amount of 
deposits and spending as discussed in the first two points were 
different and if interest rates differ from the projections in 
CBO's baseline.
    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 the following table.

 CBO Estimate of Pay-As-You-Go Effects for H.R. 6510, the Restore Our Parks and Public Lands Act, as Ordered Reported by the House Committee on Natural
                                                             Resources on September 13, 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      By fiscal year, in millions of dollars--
                                                          ----------------------------------------------------------------------------------------------
                                                            2019   2020   2021   2022   2023   2024    2025    2026    2027   2028  2019-2023  2019-2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET INCREASE IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact...........................      0     78    218    449    753   1,045   1,197   1,130    947    655     1,498      6,472
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term direct spending and deficits: CBO 
estimates that enacting H.R. 6510 would not increase net direct 
spending by more than $2.5 billion or on-budget deficits by 
more than $5 billion in any of the four consecutive 10-year 
periods beginning in 2029.
    Mandates: H.R. 6510 contains no intergovernmental or 
private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: Janani Shankaran 
(Department of the Interior), Kathleen Gramp (energy receipts); 
Mandates: Zachary Byrum.
    Estimate reviewed by: Kim P. Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis; Theresa Gullo, 
Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to establish, fund, and provide for 
the use of amounts in the 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 the 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.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. This bill contains no directed 
rulemakings.
    Duplication of 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 the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    This bill makes no changes in existing law.

                            ADDITIONAL VIEWS

    Modeled after the Land and Water Conservation Fund (LWCF), 
which gets the first dollars from offshore energy development, 
H.R. 6510 would direct money derived from energy revenues to 
support infrastructure and maintenance at national parks and 
public lands. This is a legitimate attempt to identify a 
dedicated source of funding to support infrastructure and 
maintenance across public lands managed by the Department of 
the Interior, including the $11.6 billion in deferred 
maintenance across the National Park System. Unlike the Trump 
administration's initial proposal, this bill does not condition 
money for parks on increased energy production; it simply 
invests money that would otherwise be sent to the Treasury.
    Addressing deferred maintenance is a bipartisan priority 
that deserves a dedicated solution, but it should not be used 
as a justification to ignore or sidestep other key conservation 
priorities, including reauthorizing and funding the LWCF. 
Congress must address deferred maintenance, both through 
increased appropriations and by identifying a dedicated source 
of funding, while prioritizing LWCF and the future of public 
lands conservation.
    To highlight this critical point, Ranking Member Grijalva 
at markup offered and withdrew an amendment to permanently 
authorize and provide full funding for LWCF. The amendment, 
which was subject to a point of order at committee markup, 
underscored the importance of pairing mandatory money for LWCF 
with any mandatory spending for deferred maintenance. These two 
priorities must move together.
    H.R. 6510 was reported out of committee by voice vote. 
However, it is important to note that this bill is a patch, not 
a permanent fix. If we want our parks and public lands to 
succeed, Congress must support sustained base funding for all 
our public land agencies and enact a permanent solution for the 
future of LWCF.

                                   Raul M. Grijalva,
                                           Ranking Member, Committee on 
                                               Natural Resources.
                                   Jared Huffman.
                                   Wm. Lacy Clay.
                                   Grace F. Napolitano.
                                   Nanette Diaz Barragan. 
                                   
                                   
                                   
                                   
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