I 

116TH CONGRESS 

2D SESSION H. R. 7092 

To amend title 54, United States Code, to establish, fund, and provide 

for the use of amounts in a National Parks and Public Land Legacy 

Restoration Fund to address the maintenance backlog of the National 

Park Service, the United States Fish and Wildlife Service, the Bureau 

of Land Management, the Forest Service, and the Bureau of Indian 

Education, and to provide permanent, dedicated funding for the Land 

and Water Conservation Fund, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2020 

Mr. CUNNINGHAM (for himself, Mr. FITZPATRICK, Ms. SHERRILL, Mr. SIMPSON, Mr. COX of California, Mr. KATKO, Ms. TORRES SMALL of New 

Mexico, Mr. ZELDIN, Ms. KENDRA S. HORN of Oklahoma, Mr. STIVERS, 

Mr. GOLDEN, and Mr. FORTENBERRY) introduced the following bill; 

which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and 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 amend title 54, United States Code, to establish, fund, 

and provide for the use of amounts in a National Parks 

and Public Land Legacy Restoration Fund to address 

the maintenance backlog of the National Park Service, 

the United States Fish and Wildlife Service, the Bureau 

of Land Management, the Forest Service, and the Bureau of Indian Education, and to provide permanent, 


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dedicated funding for the Land and Water Conservation 

Fund, 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 ‘‘Great American Out5 doors Act’’. 

6 SEC. 2. NATIONAL PARKS AND PUBLIC LAND LEGACY RES7 TORATION FUND. 

8 (a) IN GENERAL.—Subtitle II of title 54, United 

9 States Code, is amended by inserting after chapter 2003 

10 the following: 

11 ‘‘CHAPTER 2004—NATIONAL PARKS AND 

12 PUBLIC LAND LEGACY RESTORATION 

13 FUND 

‘‘Sec. 

‘‘200401. Definitions. 

‘‘200402. National Parks and Public Land Legacy Restoration Fund. 

14 ‘‘§ 200401. Definitions 

15 ‘‘In this chapter: 

16 ‘‘(1) ASSET.—The term ‘asset’ means any real 

17 property, including any physical structure or group18 ing of structures, landscape, trail, or other tangible 

19 property, that— 

20 ‘‘(A) has a specific service or function; and 


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1 ‘‘(B) is tracked and managed as a distinct, 

2 identifiable entity by the applicable covered 

3 agency. 

4 ‘‘(2) COVERED AGENCY.—The term ‘covered 

5 agency’ means— 

6 ‘‘(A) the Service; 

7 ‘‘(B) the United States Fish and Wildlife 

8 Service; 

9 ‘‘(C) the Forest Service; 

10 ‘‘(D) the Bureau of Land Management; 

11 and 

12 ‘‘(E) the Bureau of Indian Education. 

13 ‘‘(3) FUND.—The term ‘Fund’ means the Na14 tional Parks and Public Land Legacy Restoration 

15 Fund established by section 200402(a). 

16 ‘‘(4) PROJECT.—The term ‘project’ means any 

17 activity to reduce or eliminate deferred maintenance 

18 of an asset, which may include resolving directly re19 lated infrastructure deficiencies of the asset that 

20 would not by itself be classified as deferred mainte21 nance. 

22 ‘‘§ 200402. National Parks and Public Land Legacy 

23 Restoration Fund 

24 ‘‘(a) ESTABLISHMENT.—There is established in the 

25 Treasury of the United States a fund to be known as the 


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1 ‘National Parks and Public Land Legacy Restoration 

2 Fund’. 

3 ‘‘(b) DEPOSITS.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), for each of fiscal years 2021 through 

6 2025, there shall be deposited in the Fund an 

7 amount equal to 50 percent of all energy develop8 ment revenues due and payable to the United States 

9 from oil, gas, coal, or alternative or renewable en10 ergy development on Federal land and water cred11 ited, covered, or deposited as miscellaneous receipts 

12 under Federal law in the preceding fiscal year. 

13 ‘‘(2) MAXIMUM AMOUNT.—The amount depos14 ited in the Fund under paragraph (1) shall not ex15 ceed $1,900,000,000 for any fiscal year. 

16 ‘‘(3) EFFECT ON OTHER REVENUES.—Nothing 

17 in this section affects the disposition of revenues 

18 that— 

19 ‘‘(A) are due to the United States, special 

20 funds, trust funds, or States from mineral and 

21 energy development on Federal land and water; 

22 or 

23 ‘‘(B) have been otherwise appropriated— 

24 ‘‘(i) under Federal law, including— 


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1 ‘‘(I) the Gulf of Mexico Energy 

2 Security Act of 2006 (43 U.S.C. 1331 

3 note; Public Law 109–432); and 

4 ‘‘(II) the Mineral Leasing Act 

5 (30 U.S.C. 181 et seq.); or 

6 ‘‘(ii) from— 

7 ‘‘(I) the Land and Water Con8 servation Fund established under 

9 chapter 2003; or 

10 ‘‘(II) the Historic Preservation 

11 Fund established under chapter 3031. 

12 ‘‘(c) AVAILABILITY OF FUNDS.—Amounts deposited 

13 in the Fund shall be available to the Secretary and the 

14 Secretary of Agriculture, as provided in subsection (e), 

15 without further appropriation or fiscal year limitation. 

16 ‘‘(d) INVESTMENT OF AMOUNTS.— 

17 ‘‘(1) IN GENERAL.—The Secretary may request 

18 the Secretary of the Treasury to invest any portion 

19 of the Fund that is not, as determined by the Sec20 retary, in consultation with the Secretary of Agri21 culture, required to meet the current needs of the 

22 Fund. 

23 ‘‘(2) REQUIREMENT.—An investment requested 

24 under paragraph (1) shall be made by the Secretary 

25 of the Treasury in a public debt security— 


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1 ‘‘(A) with a maturity suitable to the needs 

2 of the Fund, as determined by the Secretary; 

3 and 

4 ‘‘(B) bearing interest at a rate determined 

5 by the Secretary of the Treasury, taking into 

6 consideration current market yields on out7 standing marketable obligations of the United 

8 States of comparable maturity. 

9 ‘‘(3) CREDITS TO FUND.—The income on in10 vestments of the Fund under this subsection shall be 

11 credited to, and form a part of, the Fund. 

12 ‘‘(e) USE OF FUNDS.— 

13 ‘‘(1) IN GENERAL.—Amounts deposited in the 

14 Fund for each fiscal year shall be used for priority 

15 deferred maintenance projects in the System, in the 

16 National Wildlife Refuge System, on public land ad17 ministered by the Bureau of Land Management, for 

18 the Bureau of Indian Education schools, and in the 

19 National Forest System, as follows: 

20 ‘‘(A) Seventy percent of the amounts de21 posited in the Fund for each fiscal year shall be 

22 allocated to the Service. 

23 ‘‘(B) Fifteen percent of the amounts de24 posited in the Fund for each fiscal year shall be 

25 allocated to the Forest Service. 


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1 ‘‘(C) Five percent of the amounts depos2 ited in the Fund for each fiscal year shall be al3 located to the United States Fish and Wildlife 

4 Service. 

5 ‘‘(D) Five percent of the amounts depos6 ited in the Fund for each fiscal year shall be al7 located to the Bureau of Land Management. 

8 ‘‘(E) Five percent of the amounts depos9 ited in the Fund for each fiscal year shall be al10 located to the Bureau of Indian Education. 

11 ‘‘(2) LIMITATIONS.— 

12 ‘‘(A) NON-TRANSPORTATION PROJECTS.— 

13 Over the term of the Fund, within each covered 

14 agency, not less than 65 percent of amounts 

15 from the Fund shall be allocated for non-trans16 portation projects. 

17 ‘‘(B) TRANSPORTATION PROJECTS.—The 

18 amounts remaining in the Fund after the allo19 cations required under subparagraph (A) may 

20 be allocated for transportation projects of the 

21 covered agencies, including paved and unpaved 

22 roads, bridges, tunnels, and paved parking 

23 areas. 

24 ‘‘(C) PLAN.—Any priority deferred mainte25 nance project funded under this section shall be 


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1 consistent with an applicable transportation, de2 ferred maintenance, or capital improvement 

3 plan developed by the applicable covered agen4 cy. 

5 ‘‘(f) PROHIBITED USE OF FUNDS.—No amounts in 

6 the Fund shall be used— 

7 ‘‘(1) for land acquisition; 

8 ‘‘(2) to supplant discretionary funding made 

9 available for annually recurring facility operations, 

10 maintenance, and construction needs; or 

11 ‘‘(3) for bonuses for employees of the Federal 

12 Government that are carrying out this section. 

13 ‘‘(g) SUBMISSION OF PRIORITY LIST OF PROJECTS

14 TO CONGRESS.—Not later than 90 days after the date of 

15 enactment of this section, the Secretary and the Secretary 

16 of Agriculture shall submit to the Committees on Energy 

17 and Natural Resources and Appropriations of the Senate 

18 and the Committees on Natural Resources and Appropria19 tions of the House of Representatives a list of projects 

20 to be funded for fiscal year 2021 that— 

21 ‘‘(1) are identified by the Secretary and the 

22 Secretary of Agriculture as priority deferred mainte23 nance projects; and 

24 ‘‘(2) as of the date of the submission of the list, 

25 are ready to be implemented. 


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1 ‘‘(h) SUBMISSION OF ANNUAL LIST OF PROJECTS TO

2 CONGRESS.—Until the date on which all of the amounts 

3 in the Fund are expended, the President shall annually 

4 submit to Congress, together with the annual budget of 

5 the United States, a list of projects to be funded from 

6 the Fund that includes a detailed description of each 

7 project, including the estimated expenditures from the 

8 Fund for the project for the applicable fiscal year. 

9 ‘‘(i) ALTERNATE ALLOCATION.— 

10 ‘‘(1) IN GENERAL.—Appropriations Acts may 

11 provide for alternate allocation of amounts made 

12 available under this section, consistent with the allo13 cations to covered agencies under subsection (e)(1). 

14 ‘‘(2) ALLOCATION BY PRESIDENT.— 

15 ‘‘(A) NO ALTERNATE ALLOCATIONS.—If 

16 Congress has not enacted legislation estab17 lishing alternate allocations by the date on 

18 which the Act making full-year appropriations 

19 for the Department of the Interior, Environ20 ment, and Related Agencies for the applicable 

21 fiscal year is enacted into law, amounts made 

22 available under subsection (c) shall be allocated 

23 by the President. 

24 ‘‘(B) INSUFFICIENT ALTERNATE ALLOCA25 TION.—If Congress enacts legislation estabVerDate Sep 11 2014 04:11 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7092.IH H7092

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1 lishing alternate allocations for amounts made 

2 available under subsection (c) that are less than 

3 the full amount appropriated under that sub4 section, the difference between the amount ap5 propriated and the alternate allocation shall be 

6 allocated by the President. 

7 ‘‘(j) PUBLIC DONATIONS.— 

8 ‘‘(1) IN GENERAL.—The Secretary and the Sec9 retary of Agriculture may accept public cash or in10 kind donations that advance efforts— 

11 ‘‘(A) to reduce the deferred maintenance 

12 backlog; and 

13 ‘‘(B) to encourage relevant public-private 

14 partnerships. 

15 ‘‘(2) CREDITS TO FUND.—Any cash donations 

16 accepted under paragraph (1) shall be— 

17 ‘‘(A) credited to, and form a part of, the 

18 Fund; and 

19 ‘‘(B) allocated to the covered agency for 

20 which the donation was made. 

21 ‘‘(3) OTHER ALLOCATIONS.—Any donations al22 located to a covered agency under paragraph (2)(B) 

23 shall be allocated to the applicable covered agency 

24 independently of the allocations under subsection 

25 (e)(1). 


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1 ‘‘(k) REQUIRED CONSIDERATION FOR ACCESSI2 BILITY.—In expending amounts from the Fund, the Sec3 retary and the Secretary of Agriculture shall incorporate 

4 measures to improve the accessibility of assets and accom5 modate visitors and employees with disabilities in accord6 ance with applicable law.’’. 

7 (b) CLERICAL AMENDMENT.—The table of chapters 

8 for subtitle II of title 54, United States Code, is amended 

9 by inserting after the item relating to chapter 2003 the 

10 following: 

‘‘2004. National Parks and Public Land Legacy Restoration Fund .....200401’’. 

11 (c) GAO STUDY.—Not later than 5 years after the 

12 date of enactment of this Act, the Comptroller General 

13 of the United States shall— 

14 (1) conduct a study on the implementation of 

15 this section and the amendments made by this sec16 tion, including whether this section and the amend17 ments made by this section have effectively reduced 

18 the priority deferred maintenance backlog of the cov19 ered agencies (as that term is defined in section 

20 200401 of title 54, United States Code); and 

21 (2) submit to Congress a report that describes 

22 the results of the study under paragraph (1). 


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1 SEC. 3. PERMANENT FULL FUNDING OF THE LAND AND 

2 WATER CONSERVATION FUND. 

3 (a) IN GENERAL.—Section 200303 of title 54, United 

4 States Code, is amended to read as follows: 

5 ‘‘§ 200303. Availability of funds 

6 ‘‘(a) IN GENERAL.—Any amounts deposited in the 

7 Fund under section 200302 for fiscal year 2020 and each 

8 fiscal year thereafter shall be made available for expendi9 ture for fiscal year 2021 and each fiscal year thereafter, 

10 without further appropriation or fiscal year limitation, to 

11 carry out the purposes of the Fund (including accounts 

12 and programs made available from the Fund pursuant to 

13 the Further Consolidated Appropriations Act, 2020 (Pub14 lic Law 116–94; 133 Stat. 2534)). 

15 ‘‘(b) ADDITIONAL AMOUNTS.—Amounts made avail16 able under subsection (a) shall be in addition to amounts 

17 made available to the Fund under section 105 of the Gulf 

18 of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 

19 note; Public Law 109–432) or otherwise appropriated 

20 from the Fund. 

21 ‘‘(c) ALLOCATION AUTHORITY.— 

22 ‘‘(1) SUBMISSION OF COST ESTIMATES.—The 

23 President shall submit to Congress detailed account, 

24 program, and project allocations of the full amount 

25 made available under subsection (a)— 


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1 ‘‘(A) for fiscal year 2021, not later than 

2 90 days after the date of enactment of the 

3 Great American Outdoors Act; and 

4 ‘‘(B) for each fiscal year thereafter, as 

5 part of the annual budget submission of the 

6 President. 

7 ‘‘(2) ALTERNATE ALLOCATION.— 

8 ‘‘(A) IN GENERAL.—Appropriations Acts 

9 may provide for alternate allocation of amounts 

10 made available under subsection (a), including 

11 allocations by account, program, and project. 

12 ‘‘(B) ALLOCATION BY PRESIDENT.— 

13 ‘‘(i) NO ALTERNATE ALLOCATIONS.— 

14 If Congress has not enacted legislation es15 tablishing alternate allocations by the date 

16 on which the Act making full-year appro17 priations for the Department of the Inte18 rior, Environment, and Related Agencies 

19 for the applicable fiscal year is enacted 

20 into law, amounts made available under 

21 subsection (a) shall be allocated by the 

22 President. 

23 ‘‘(ii) INSUFFICIENT ALTERNATE AL24 LOCATION.—If Congress enacts legislation 

25 establishing alternate allocations for 


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1 amounts made available under subsection 

2 (a) that are less than the full amount ap3 propriated under that subsection, the dif4 ference between the amount appropriated 

5 and the alternate allocation shall be allo6 cated by the President. 

7 ‘‘(3) RECREATIONAL PUBLIC ACCESS.— 

8 Amounts expended from the Fund under this section 

9 shall be consistent with the requirements for rec10 reational public access for hunting, fishing, rec11 reational shooting, or other outdoor recreational pur12 poses under section 200306(c). 

13 ‘‘(4) ANNUAL REPORT.—The President shall 

14 submit to Congress an annual report that describes 

15 the final allocation by account, program, and project 

16 of amounts made available under subsection (a), in17 cluding a description of the status of obligations and 

18 expenditures.’’. 

19 (b) CONFORMING AMENDMENTS.— 

20 (1) Section 200302(c) of title 54, United States 

21 Code, is amended by striking paragraph (3). 

22 (2) Section 200306(a)(2)(B) of title 54, United 

23 States Code, is amended by striking clause (iii). 

24 (c) CLERICAL AMENDMENT.—The table of sections 

25 for chapter 2003 of title 54, United States Code, is 


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1 amended by striking the item relating to section 200303 

2 and inserting the following: 

‘‘200303. Availability of funds.’’. 

Æ 


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