US Code
CHAPTER 2004— NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND
§ 200402. National Parks and Public Land Legacy Restoration Fund


(a)
Establishment.—
There is established in the Treasury of the United States a fund to be known as the
“National Parks and Public Land Legacy Restoration Fund”.
(b)
Deposits.—
(1)
In general.—
Except as provided in paragraph (2), for each of fiscal years 2021 through
2025, 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
credited, covered, or deposited as miscellaneous receipts under Federal law in the
preceding fiscal year.
(2)
Maximum amount.—
The amount deposited in the Fund under paragraph (1) shall not exceed
$1,900,000,000 for any fiscal year.
(3)
Effect on other revenues.—
Nothing in this section affects the disposition of revenues that—
(A)
are due to the United States, special funds, trust funds, or States from
mineral and energy development on Federal land and water; or
(B)
have been otherwise appropriated—
(i)
under Federal law, including—
(I)
the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331
note; Public Law 109–432); and
(II)
the Mineral Leasing Act (30 U.S.C.
181
et seq.); or
(ii)
from—
(I)
the Land and Water Conservation Fund established under chapter
2003; or
(II)
the Historic Preservation Fund established under chapter 3031.
(c)
Availability of Funds.—
Amounts deposited in the Fund shall be available to the Secretary and the Secretary
of Agriculture, as provided in subsection (e), without further appropriation or fiscal
year limitation.
(d)
Investment of Amounts.—
(1)
In general.—
The Secretary may request the Secretary of the Treasury to invest any portion
of the Fund that is not, as determined by the Secretary, in consultation with the
Secretary of Agriculture, 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; 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 deposited in the Fund for each fiscal year shall be used for priority
deferred maintenance projects in the System, in the National Wildlife Refuge System,
on public land administered by the Bureau of Land Management, for the Bureau of
Indian Education schools, and in the National Forest System, as follows:
(A)
70 percent of the amounts deposited in the Fund for each fiscal year shall
be allocated to the Service.
(B)
15 percent of the amounts deposited in the Fund for each fiscal year shall
be allocated to the Forest Service.
(C)
5 percent of the amounts deposited in the Fund for each fiscal year shall
be allocated to the United States Fish and Wildlife Service.
(D)
5 percent of the amounts deposited in the Fund for each fiscal year shall
be allocated to the Bureau of Land Management.
(E)
5 percent of the amounts deposited in the Fund for each fiscal year shall
be allocated to the Bureau of Indian Education.
(2)
Limitations.—
(A)
Non-transportation projects.—
Over the term of the Fund, within each covered agency, not less than 65
percent of amounts from the Fund shall be allocated for non-transportation
projects.
(B)
Transportation projects.—
The amounts remaining in the Fund after the allocations required under
subparagraph (A) may be allocated for transportation projects of the covered
agencies, including paved and unpaved roads, bridges, tunnels, and paved parking
areas.
(C)
Plan.—
Any priority deferred maintenance project funded under this section shall
be consistent with an applicable transportation, deferred maintenance, or
capital improvement plan developed by the applicable covered agency.
(f)
Prohibited Use of Funds.—
No amounts in the Fund shall be used—
(1)
for land acquisition;
(2)
to supplant discretionary funding made available for annually recurring
facility operations, maintenance, and construction needs; or
(3)
for bonuses for employees of the Federal Government that are carrying out this
section.
(g)
Submission of Priority List of Projects to
Congress.—
Not later than 90 days after the date of enactment of this section, the Secretary
and the Secretary of Agriculture shall submit to the Committees on Energy and Natural
Resources and Appropriations of the Senate and the Committees on Natural Resources and
Appropriations of the House of Representatives a list of projects to be funded for
fiscal year 2021 that—
(1)
are identified by the Secretary and the Secretary of Agriculture as priority
deferred maintenance projects; and
(2)
as of the date of the submission of the list, are ready to be implemented.
(h)
Submission of Annual List of Projects to
Congress.—
Until the date on which all of the amounts in the Fund are expended, the President
shall annually submit to Congress, together with the annual budget of the United States,
a list of projects to be funded from the Fund that includes a detailed description of
each project, including the estimated expenditures from the Fund for the project for the
applicable fiscal year.
(i)
Alternate Allocation.—
(1)
In general.—
Appropriations Acts may provide for alternate allocation of amounts made
available under this section, consistent with the allocations to covered agencies
under subsection (e)(1).
(2)
Allocation by president.—
(A)
No alternate allocations.—
If Congress has not enacted legislation establishing alternate allocations
by the date on which the Act making full-year appropriations for the Department
of the Interior, Environment, and Related Agencies for the applicable fiscal
year is enacted into law, amounts made available under subsection (c) shall be
allocated by the President.
(B)
Insufficient alternate allocation.—
If Congress enacts legislation establishing alternate allocations for
amounts made available under subsection (c) that are less than the full amount
appropriated under that subsection, the difference between the amount
appropriated and the alternate allocation shall be allocated by the President.
(j)
Public Donations.—
(1)
In general.—
The Secretary and the Secretary of Agriculture may accept public cash or
in-kind donations that advance efforts—
(A)
to reduce the deferred maintenance backlog; and
(B)
to encourage relevant public-private partnerships.
(2)
Credits to fund.—
Any cash donations accepted under paragraph (1) shall be—
(A)
credited to, and form a part of, the Fund; and
(B)
allocated to the covered agency for which the donation was made.
(3)
Other allocations.—
Any donations allocated to a covered agency under paragraph (2)(B) shall be
allocated to the applicable covered agency independently of the allocations under
subsection (e)(1).
(k)
Required Consideration for Accessibility.—
In expending amounts from the Fund, the Secretary and the Secretary of Agriculture
shall incorporate measures to improve the accessibility of assets and accommodate
visitors and employees with disabilities in accordance with applicable law.