II 

115TH CONGRESS 

1ST SESSION S. 751 

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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 28, 2017 

Mr. WARNER (for himself, Mr. PORTMAN, Mr. KING, and Mr. KAINE) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Park Service 

5 Legacy Act of 2017’’. 


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1 SEC. 2. NATIONAL PARK SERVICE LEGACY RESTORATION 

2 FUND. 

3 (a) IN GENERAL.—Chapter 1049 of title 54, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 104908. National Park Service Legacy Restoration 

7 Fund 

8 ‘‘(a) IN GENERAL.—There is established in the 

9 Treasury of the United States a fund, to be known as the 

10 ‘National Park Service Legacy Restoration Fund’ (re11 ferred to in this section as the ‘Fund’). 

12 ‘‘(b) DEPOSITS.—At the beginning of each applicable 

13 fiscal year, there shall be deposited in the Fund from min14 eral revenues due and payable to the United States that 

15 are not otherwise credited, covered, or deposited under 

16 Federal law— 

17 ‘‘(1) $50,000,000 for each of fiscal years 2018, 

18 2019, and 2020; 

19 ‘‘(2) $150,000,000 for each of fiscal years 

20 2021, 2022, and 2023; 

21 ‘‘(3) $250,000,000 for each of fiscal years 

22 2024, 2025, and 2026; and 

23 ‘‘(4) $500,000,000 for each of fiscal years 2027 

24 through 2047. 

25 ‘‘(c) AVAILABILITY OF FUNDS.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), amounts deposited in the Fund shall be 

3 available to the Service for expenditure without fur4 ther appropriation. 

5 ‘‘(2) UNOBLIGATED AMOUNTS.—Any amounts 

6 not obligated by the date that is 2 years after the 

7 date on which the amounts are first available shall 

8 be credited to miscellaneous receipts of the Treas9 ury. 

10 ‘‘(d) USE OF FUNDS.—Amounts in the Fund shall 

11 be used for the high-priority deferred maintenance needs 

12 of the Service, as determined by the Director, as follows: 

13 ‘‘(1) 80 percent of amounts in the Fund shall 

14 be allocated for projects that are not eligible for the 

15 funding described in subparagraph (A) or (B) of 

16 paragraph (2) for the repair and rehabilitation of as17 sets, including— 

18 ‘‘(A) historic structures, facilities, and 

19 other historic assets; 

20 ‘‘(B) nonhistoric assets that relate directly 

21 to visitor— 

22 ‘‘(i) access, including making facilities 

23 accessible to visitors with disabilities; 

24 ‘‘(ii) health and safety; and 

25 ‘‘(iii) recreation; and 


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1 ‘‘(C) visitor facilities, water and utility sys2 tems, and employee housing. 

3 ‘‘(2) 20 percent of amounts in the Fund shall 

4 be allocated to road, bridge, tunnel, or other trans5 portation-related projects that may be eligible for 

6 funding made available to the Service through— 

7 ‘‘(A) the transportation program under 

8 section 203 of title 23; or 

9 ‘‘(B) any similar Federal land highway 

10 program administered by the Secretary of 

11 Transportation. 

12 ‘‘(e) PROHIBITED USE OF FUNDS.—No amounts in 

13 the Fund shall be used— 

14 ‘‘(1) for land acquisition; or 

15 ‘‘(2) to supplant discretionary funding made 

16 available for the annually recurring facility oper17 ations and maintenance needs of the Service. 

18 ‘‘(f) SUBMISSION OF ANNUAL PROPOSAL.—As part 

19 of the annual budget submission of the Service to the 

20 Committee on Appropriations of the House of Representa21 tives and the Committee on Appropriations of the Senate 

22 (referred to in this section as the ‘Committees’), the Serv23 ice shall submit a prioritized list of deferred maintenance 

24 projects proposed to be funded by amounts in the Fund 


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1 during the fiscal year for which the budget submission is 

2 made. 

3 ‘‘(g) CONGRESSIONAL REVIEW.—After review of the 

4 list submitted under subsection (f), the Committees may 

5 provide for the allocation of amounts derived from the 

6 Fund. 

7 ‘‘(h) PROJECT APPROVAL.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), if, before the beginning of a fiscal year, 

10 the Committees do not alter the allocation of funds 

11 proposed by the Service for that fiscal year, the list 

12 submitted under subsection (f) for that fiscal year 

13 shall be considered approved. 

14 ‘‘(2) CONTINUING RESOLUTION.—If, before the 

15 beginning of a fiscal year, there is enacted a con16 tinuing resolution or resolutions for a period of— 

17 ‘‘(A) less than or equal to 120 days, the 

18 Service shall not commit funds to any proposed 

19 high-priority deferred maintenance project until 

20 the date of enactment of a law making appro21 priations for the Service that is not a con22 tinuing resolution; or 

23 ‘‘(B) more than 120 days, the list sub24 mitted under subsection (f) for that fiscal year 

25 shall be considered approved, unless otherwise 


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1 provided in the continuing resolution or resolu2 tions. 

3 ‘‘(i) PUBLIC DONATIONS.—To encourage public-pri4 vate partnerships that will reduce the overall deferred 

5 maintenance costs to the Service, the Secretary and the 

6 Director may accept public cash or in-kind donations by 

7 including on each list submitted to Congress under sub8 section (f) after the date of enactment of this section each 

9 project, regardless of the priority ranking of the project, 

10 that costs— 

11 ‘‘(1) less than $2,000,000, with at least a 33- 

12 percent non-Federal cost-share component; or 

13 ‘‘(2) equal to or more than $2,000,000, with at 

14 least a 25-percent non-Federal cost-share compo15 nent.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 for chapter 1049 of title 54, United States Code, is 

18 amended by adding at the end the following: 

‘‘104908. National Park Service Legacy Restoration Fund.’’. 

Æ 


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