I 

117TH CONGRESS 

1ST SESSION H. R. 1864 

To amend title 23, United States Code, with respect to funding the recreational trails program, to require a study to determine the best available estimate of the total amount of nonhighway recreational fuel taxes 

received by the Secretary of the Treasury, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2021 

Mr. WELCH (for himself, Mr. CURTIS, Mr. SIMPSON, Mr. LARSEN of Washington, Mr. STEWART, Mr. KILMER, Mr. STIVERS, Mr. O’HALLERAN, Mr. 

NEAL, Mr. SAN NICOLAS, Ms. STRICKLAND, Mrs. NAPOLITANO, and Mr. 

HUFFMAN) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, 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 amend title 23, United States Code, with respect to 

funding the recreational trails program, to require a 

study to determine the best available estimate of the 

total amount of nonhighway recreational fuel taxes received by the Secretary of the Treasury, 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, 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 1864 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘RTP Full Funding 

3 Act of 2021’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1) the recreational trails program under sec7 tion 206 of title 23, United States Code— 

8 (A) funds development and maintenance of 

9 valuable trail infrastructure across the United 

10 States; 

11 (B) benefits millions of diverse trail users, 

12 including users who participate in hiking, bicy13 cling, in-line skating, equestrian use, cross14 country skiing, snowmobiling, off-road 

15 motorcycling, all-terrain vehicle riding, 4-wheel 

16 off-highway vehicle driving, and other off-road 

17 motorized vehicle use; and 

18 (C)(i) embraces the user-pay-user-benefit 

19 model of the Highway Trust Fund; and 

20 (ii) is funded by a Federal tax on fuel used 

21 for nonhighway recreation; 

22 (2) to ensure that Federal taxes collected from 

23 nonhighway recreation are appropriately returned to 

24 the States for the recreational trails program, an ac25 curate estimate of the total amount of nonhighway 

26 fuel taxes collected is necessary; and 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 1864 IH

1 (3) an accurate study to produce a best avail2 able estimate of the total amount of nonhighway rec3 reational fuel taxes received by the Secretary of the 

4 Treasury will help inform Congress in continuing to 

5 authorize the recreational trails program. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Federal 

10 Highway Administration. 

11 (2) HIGHWAY TRUST FUND.—The term ‘‘High12 way Trust Fund’’ means the Highway Trust Fund 

13 established by section 9503(a) of the Internal Rev14 enue Code of 1986. 

15 (3) NONHIGHWAY RECREATIONAL FUEL

16 TAXES.—The term ‘‘nonhighway recreational fuel 

17 taxes’’ means taxes under section 4041 and 4081 of 

18 the Internal Revenue Code of 1986 with respect to 

19 fuel used in vehicles on recreational trails or back 

20 country terrain (including vehicles registered for 

21 highway use when used on recreational trails, trail 

22 access roads not eligible for funding under title 23, 

23 United States Code, or back country terrain). 

24 (4) RECREATIONAL TRAILS PROGRAM.—The 

25 term ‘‘recreational trails program’’ means the recVerDate Sep 11 2014 21:01 May 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1864.IH H1864

pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 1864 IH

1 reational trails program under section 206 of title 

2 23, United States Code. 

3 (5) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Transportation. 

5 SEC. 4. NONHIGHWAY RECREATIONAL FUEL STUDY. 

6 (a) ASSESSMENT; REPORT.— 

7 (1) ASSESSMENT.—Not later than 1 year after 

8 the date of enactment of this Act and not less fre9 quently than once every 5 years thereafter, as deter10 mined by the Secretary, the Secretary shall carry 

11 out an assessment of the best available estimate of 

12 the total amount of nonhighway recreational fuel 

13 taxes received by the Secretary of the Treasury and 

14 transferred to the Highway Trust Fund for the pe15 riod covered by the assessment. 

16 (2) REPORT.—After carrying out each assess17 ment under paragraph (1), the Secretary shall sub18 mit to the Committees on Finance and Environment 

19 and Public Works of the Senate and the Committees 

20 on Ways and Means and Transportation and Infra21 structure of the House of Representatives a report 

22 that includes— 

23 (A) a description of the results of the as24 sessment; 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 1864 IH

1 (B) an evaluation of whether the current 

2 recreational trails program funding level of each 

3 participating State accurately reflects the ap4 portionment criteria described in section 

5 133(h)(5) of title 23, United States Code; and 

6 (C) in the case of the first report sub7 mitted under this paragraph, an estimate of the 

8 frequency with which the Secretary anticipates 

9 carrying out the assessment under paragraph 

10 (1), subject to the condition that such an as11 sessment shall be carried out not less frequently 

12 than once every 5 years. 

13 (b) CONSULTATION.—In carrying out an assessment 

14 under subsection (a)(1), the Secretary may consult with, 

15 as the Secretary determines to be appropriate— 

16 (1) the heads of— 

17 (A) State agencies designated by Gov18 ernors pursuant to section 206(c)(1) of title 23, 

19 United States Code, to administer the rec20 reational trails program; and 

21 (B) division offices of the Department of 

22 Transportation; 

23 (2) the Secretary of the Treasury; 

24 (3) the Administrator; and 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•HR 1864 IH

1 (4) groups representing recreational activities 

2 and interests, including hiking, biking and mountain 

3 biking, horseback riding, water trails, snowshoeing, 

4 cross-country skiing, snowmobiling, off-highway 

5 motorcycling, all-terrain vehicles, recreational off6 highway vehicles, and other offroad motorized vehi7 cle activities, and recreational trail advocates. 

8 (c) FUNDING.— 

9 (1) IN GENERAL.—For the first fiscal year be10 ginning after the date of enactment of this Act, the 

11 Secretary shall set aside from funds available to the 

12 Secretary to carry out the recreational trails pro13 gram and not otherwise obligated an amount not 

14 greater than $3,000,000 to conduct the assessment 

15 under subsection (a)(1). 

16 (2) RESERVATION.—The amount set aside 

17 under this subsection shall be proportionately re18 served from the apportionment to each State partici19 pating in the recreational trails program during that 

20 fiscal year, after making any reallocation to partici21 pating States, as described in section 133(h)(1)(B) 

22 of title 23, United States Code. 

23 SEC. 5. REPORTING. 

24 (a) ESTABLISHMENT OF NEW FINANCIAL MANAGE25 MENT INFORMATION SYSTEM CODES.—To provide addiVerDate Sep 11 2014 21:01 May 03, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1864.IH H1864

pamtmann on DSKBC07HB2PROD with BILLS
7 

•HR 1864 IH

1 tional transparency into meeting objectives of the rec2 reational trails program, the Administrator shall establish 

3 financial management information system codes for each 

4 of the following: 

5 (1) Nonmotorized single use project. 

6 (2) Nonmotorized diverse use project. 

7 (3) Diverse use project including both motor8 ized and nonmotorized uses. 

9 (4) Motorized single use project. 

10 (5) Motorized diverse use project. 

11 (b) STATE REPORTS.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (2), not less frequently than annually, each 

14 State that carries out projects under the recreational 

15 trails program shall submit to the Administrator a 

16 report describing the expenditures relating to those 

17 projects, as listed— 

18 (A) based on each code described in sub19 section (a); and 

20 (B) relating to projects for the State on 

21 Federal land. 

22 (2) EXEMPTION.—Paragraph (1) shall not 

23 apply to a State that is described in section 

24 206(d)(3)(B) of title 23, United States Code. 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•HR 1864 IH

1 (c) ASSESSMENT.—Not less frequently than annually, 

2 the Administrator shall— 

3 (1) carry out an assessment of State expendi4 tures on recreational trails projects under subsection 

5 (b); and 

6 (2) submit to Congress a report that describes 

7 the results of the assessment. 

8 SEC. 6. STP SET-ASIDE. 

9 Section 133(h) of title 23, United States Code, is 

10 amended— 

11 (1) by striking paragraph (1) and inserting the 

12 following: 

13 ‘‘(1) RESERVATION OF FUNDS.—Of the funds 

14 apportioned to a State under section 104(b)(2) for 

15 each fiscal year, the Secretary shall reserve an 

16 amount such that— 

17 ‘‘(A) subject to subparagraph (B), the Sec18 retary reserves a total under this subsection 

19 of— 

20 ‘‘(i) $835,000,000 for each of fiscal 

21 years 2016 and 2017; and 

22 ‘‘(ii) $850,000,000 for each of fiscal 

23 years 2018 through 2020; 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•HR 1864 IH

1 ‘‘(B) for each fiscal year, the amount of 

2 twice the covered funds is added to the amount 

3 reserved under subparagraph (A); 

4 ‘‘(C) the State’s share of that total is de5 termined by multiplying the amount under sub6 paragraphs (A) and (B) by the ratio that— 

7 ‘‘(i) the amount apportioned to the 

8 State for the transportation enhancements 

9 program for fiscal year 2009 under sub10 section (d)(2), as in effect on the day be11 fore the date of enactment of MAP–21; 

12 bears to 

13 ‘‘(ii) the total amount of funds appor14 tioned to all States for the transportation 

15 enhancements program for fiscal year 

16 2009; and 

17 ‘‘(D) for administrative, research, technical 

18 assistance, and training expenses (including the 

19 costs of entering into cooperative agreements 

20 with other Federal departments or agencies, in21 stitutions of higher education, or nonprofit or22 ganizations to carry out such an activity) for 

23 the recreational trails program under section 

24 206, an amount of up to 1 percent of the 

25 amount apportioned to carry out that program, 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•HR 1864 IH

1 but not to exceed $1,500,000, which reservation 

2 shall be made before making any apportionment 

3 under paragraph (5) to a State.’’; 

4 (2) in paragraph (5)— 

5 (A) by striking ‘‘For each fiscal year’’ and 

6 inserting the following: 

7 ‘‘(A) IN GENERAL.—For each fiscal year’’; 

8 (B) by redesignating subparagraphs (A) 

9 through (C) as clauses (i) through (iii), respec10 tively, and indenting the clauses appropriately; 

11 (C) by amending clause (i), as so redesig12 nated, to read as follows: 

13 ‘‘(i) obligate an amount of funds re14 served under this section equal to the 

15 amount calculated under subparagraph 

16 (B);’’; and 

17 (D) by adding at the end the following: 

18 ‘‘(B) CALCULATION OF STATE SHARE OF

19 RECREATIONAL TRAIL PROGRAM FUNDS.—For 

20 each State, the required amount of funds to be 

21 obligated by such State under subparagraph 

22 (A)(i) shall be calculated by adding— 

23 ‘‘(i) covered funds divided by the 

24 number of States reserving amounts under 

25 this subsection; and 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•HR 1864 IH

1 ‘‘(ii) covered funds proportioned to 

2 such State to the degree that— 

3 ‘‘(I) non-highway recreational 

4 fuel use in such State during the pre5 ceding year; bears to 

6 ‘‘(II) non-highway recreational 

7 fuel use in all States, as reflected in 

8 the most recent nonhighway rec9 reational fuel study required of the 

10 Secretary under the RTP Full Fund11 ing Act of 2021. 

12 ‘‘(C) COVERED FUNDS DEFINED.—In this 

13 subsection, the term ‘covered funds’ means— 

14 ‘‘(i) until the date on which the first 

15 report is submitted under section 4 of the 

16 RTP Full Funding Act of 2021, 

17 $125,000,000; and 

18 ‘‘(ii) after the date on which the first 

19 report is submitted under section 4 of the 

20 RTP Full Funding Act of 2020, 50 per21 cent of the best available estimate of the 

22 total annual amount of nonhighway rec23 reational fuel taxes transferred to the 

24 Highway Trust Fund.’’; and 

25 (3) in paragraph (6)(A)— 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•HR 1864 IH

1 (A) by striking ‘‘A State’’ and inserting 

2 the following: 

3 ‘‘(i) IN GENERAL.—A State’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(ii) NO FUNDS FOR OPT OUT.—In 

6 the case of a State that opts out of the 

7 recreational trails program under clause (i) 

8 for any fiscal year— 

9 ‘‘(I) such State shall not receive 

10 an apportionment for such program 

11 for such fiscal year; and 

12 ‘‘(II) the apportionment de13 scribed in subclause (I) shall be equi14 tably reallocated to all States partici15 pating in the recreational trails pro16 gram.’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS