I 

116TH CONGRESS 

1ST SESSION H. R. 1026 

To provide for consistent and reliable authority and funding to meet conservation and deferred maintenance needs affecting lands under the administrative jurisdiction of the Department of the Interior and the Department 

of Agriculture, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 6, 2019 

Mr. SIMPSON (for himself and Mr. KILMER) introduced the following bill; 

which was referred to the Committee on Natural Resources, and in addition to the Committee on 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 provide for consistent and reliable authority and funding 

to meet conservation and deferred maintenance needs 

affecting lands under the administrative jurisdiction of 

the Department of the Interior and the Department of 

Agriculture, 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 ‘‘Land and National 

5 Park Deferred Maintenance Act’’ or the ‘‘LAND Act’’. 


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1 SEC. 2. LAND AND WATER CONSERVATION FUND. 

2 (a) REAUTHORIZATION.—Section 200302 of title 54, 

3 United States Code, is amended— 

4 (1) in subsection (b), in the matter preceding 

5 paragraph (1), by striking ‘‘During the period end6 ing September 30, 2018, there’’ and inserting 

7 ‘‘There’’; and 

8 (2) in subsection (c)(1), by striking ‘‘through 

9 September 30, 2018’’. 

10 (b) FUNDING.—Section 200303 of title 54, United 

11 States Code, is amended to read as follows: 

12 ‘‘§ 200303. Funding 

13 ‘‘(a) FUNDING FOR FISCAL YEARS 2020 THROUGH

14 2029.—From amounts covered into the fund under sec15 tion 200302 of this chapter— 

16 ‘‘(1) $450,000,000 in each fiscal year shall be 

17 available for expenditure to carry out the purposes 

18 of this Act, without further appropriation or fiscal 

19 year limitation, to carry out the purposes of the 

20 Fund (including accounts and programs made avail21 able from the Fund under the Consolidated Appro22 priations Act, 2017 (Public Law 115–31)); and 

23 ‘‘(2) the remainder of amounts covered into the 

24 fund shall be available subject to appropriations, 

25 which may be made without fiscal year limitation. 


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1 ‘‘(b) USES.—Amounts made available for obligation 

2 or expenditure from the fund may be obligated or ex3 pended only as provided in this chapter.’’. 

4 (c) ALLOCATION AND USES OF FUNDS.—Section 

5 200304 of title 54, United States Code, is amended— 

6 (1) by striking ‘‘There’’ and inserting ‘‘(a) IN

7 GENERAL.—There’’; and 

8 (2) by striking the second sentence and insert9 ing the following: 

10 ‘‘(b) ALLOCATION OF FUNDS.—Of the total amount 

11 made available to the Fund through appropriations or de12 posited in the Fund under section 105(a)(2)(B) of the 

13 Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 

14 1331 note; Public Law 109–432)— 

15 ‘‘(1) not less than 40 percent shall be used for 

16 Federal purposes; and 

17 ‘‘(2) not less than 40 percent shall be used to 

18 provide financial assistance to States. 

19 ‘‘(c) PRIORITIES.—The President shall, as part of the 

20 President’s annual budget submission to Congress, submit 

21 to Congress detailed account, program, and project alloca22 tions for funds made available under paragraph (b)(1). 

23 Acts of appropriation may provide alternate allocations for 

24 such amounts. 


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1 ‘‘(d) PROHIBITION ON USE OF EMINENT DOMAIN.— 

2 No funds made available to a State under this Act may 

3 be used for the acquisition of land, water, or an interest 

4 in land or water by eminent domain.’’. 

5 (d) RECREATION ACCESS.—Section 200306 of title 

6 54, United States Code, is amended by adding at the end 

7 the following: 

8 ‘‘(c) PUBLIC ACCESS.—Not less than 3 percent of 

9 amounts appropriated or expended under this chapter in 

10 each fiscal year shall be made available for the fiscal year 

11 for projects that secure recreational public access to exist12 ing Federal public land for hunting, fishing, and other rec13 reational purposes.’’. 

14 (e) CONFORMING AMENDMENTS.—Title 54, United 

15 States Code— 

16 (1) in section 200302, paragraph (3) of sub17 section (c) is amended by inserting ‘‘or otherwise ex18 pended’’ after ‘‘Congress’’; 

19 (2) in section 200304— 

20 (A) the first sentence is amended by in21 serting ‘‘or expenditures’’ after ‘‘appropria22 tions’’; and 

23 (B) the second sentence is amended by in24 serting ‘‘or expenditures’’ after ‘‘appropria25 tions’’; 


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1 (3) in section 200305— 

2 (A) the matter preceding paragraph (1) of 

3 subsection (b) is amended by inserting ‘‘or oth4 erwise provided’’ after ‘‘appropriated’’; 

5 (B) paragraph (1) of subsection (b) is 

6 amended by inserting ‘‘expenditures’’ after ‘‘ap7 propriations’’; and 

8 (C) paragraph (2) of subsection (b) is 

9 amended by inserting ‘‘expenditure’’ after ‘‘ap10 propriation’’; and 

11 (4) in section 200306— 

12 (A) paragraph (1) is amended by inserting 

13 ‘‘or expended’’ after ‘‘appropriated’’; 

14 (B) in paragraph (2), subparagraph (B)(ii) 

15 is amended by inserting ‘‘or expended’’ after 

16 ‘‘appropriated’’; 

17 (C) paragraph (4) is amended by inserting 

18 ‘‘or expenditures’’ after ‘‘appropriations’’ each 

19 time it appears; and 

20 (D) subsection (b) is amended by inserting 

21 ‘‘or expenditures’’ after ‘‘Appropriations’’ each 

22 time it appears. 

23 (f) CLERICAL AMENDMENT.—The table of sections 

24 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. Funding.’’. 

3 SEC. 3. NATIONAL PARK SERVICE MAINTENANCE AND RE4 VITALIZATION CONSERVATION FUND. 

5 (a) IN GENERAL.—There is hereby established in the 

6 Treasury a special account to be known as the ‘‘National 

7 Park Service and Related Agencies Maintenance and Revi8 talization Conservation Fund’’. 

9 (b) AVAILABILITY OF FUNDS.—For each of fiscal 

10 years 2020 through 2029, $450,000,000 shall be available 

11 for expenditure to carry out the purposes of this Act, with12 out further appropriation or fiscal year limitation, to carry 

13 out the purposes of the Fund. Amounts from the Fund 

14 shall not be used for the acquisition of land or interests 

15 in land. 

16 (c) DEPOSITS.—At the beginning of each applicable 

17 fiscal year, there shall be deposited in the Fund 

18 $450,000,000 from mineral revenues due and payable to 

19 the United States that are not otherwise credited, covered, 

20 or deposited under Federal law. 

21 (d) DEPARTMENT OF THE INTERIOR.—Of funds 

22 made available under subsection (b) each fiscal year, the 

23 Secretary of the Interior shall use the following amounts 

24 for priority deferred maintenance needs that support crit25 ical infrastructure and visitor services: 


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1 (1) Eighty percent of amounts in the Fund 

2 shall be allocated for priority deferred maintenance 

3 projects, including other infrastructure deficiencies 

4 directly related to such deferred maintenance 

5 projects, as determined by the Secretary of the Inte6 rior and the Director of the National Park Service, 

7 with the goal of ensuring overall parity between 

8 amounts allocated to transportation and non-trans9 portation projects. 

10 (2) Ten percent of amounts in the Fund shall 

11 be allocated for purposes of addressing the national 

12 wildlife refuge system maintenance backlog, as de13 termined by the Secretary of the Interior and the 

14 Director of the United States Fish and Wildlife 

15 Service. 

16 (3) Five percent of amounts in the Fund shall 

17 be allocated for the purposes of addressing the pub18 lic access and recreation backlog on public lands, as 

19 determined by the Secretary of the Interior and the 

20 Director of the Bureau of Land Management. 

21 (4) Five percent of amounts in the Fund shall 

22 be for the purposes of addressing the Bureau of In23 dian Education school construction and deferred 

24 maintenance backlogs, as determined by the SecVerDate Sep 11 2014 22:18 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1026.IH H1026

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1 retary of the Interior and the Director of the Bu2 reau of Indian Education. 

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

4 the Fund shall be used— 

5 (1) to supplant discretionary funding made 

6 available for the annually recurring facility oper7 ations, maintenance, and construction needs of the 

8 entities for which amounts from the Fund are allo9 cated under subsection (d); or 

10 (2) for performance awards for Federal employ11 ees who are employed in implementing this Act. 

12 (f) SUBMISSION TO CONGRESS.—The Secretary of 

13 the Interior shall submit to the Committees on Appropria14 tions and Energy and Natural Resources of the Senate 

15 and to the Committees on Appropriations and Natural Re16 sources in the House of Representatives, with the annual 

17 budget submission of the President, a list of projects for 

18 which the amounts in the Fund are allocated under this 

19 section, including a description of each such project. 

20 (g) DONATIONS.— 

21 (1) IN GENERAL.—The Secretary of the Inte22 rior, the Director of the National Park Service, the 

23 Director of the United States Fish and Wildlife 

24 Service, the Director of the Bureau of Land Man25 agement, and the Assistant Secretary of Indian AfVerDate Sep 11 2014 22:18 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1026.IH H1026

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1 fairs may accept public cash or in-kind donations 

2 that advance efforts— 

3 (A) to reduce the deferred maintenance 

4 backlog of the National Park Service, the na5 tional wildlife refuge system maintenance back6 log of the United States Fish and Wildlife Serv7 ice, the public access and recreation backlog of 

8 the Bureau of Land Management, and the 

9 school construction backlog of the Bureau of 

10 Indian Education, respectively; and 

11 (B) to encourage relevant public-private 

12 partnerships. 

13 (2) CREDITS TO FUND.—Any cash donations 

14 accepted under paragraph (1) shall be credited to, 

15 and form a part of, the Fund. 

16 (3) REPORTING.—Each donation received under 

17 paragraph (1) that is used for, or directly related to, 

18 the reduction of the deferred maintenance backlog of 

19 the National Park Service, the national wildlife ref20 uge system maintenance backlog of the United 

21 States Fish and Wildlife Service, the public access 

22 and recreation backlog of the Bureau of Land Man23 agement, and the school construction backlog of the 

24 Bureau of Indian Education, shall be included with 


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1 the annual budget submission of the President to 

2 Congress. 

3 (h) INVESTMENT OF AMOUNTS.— 

4 (1) IN GENERAL.—The Secretary of the Inte5 rior may request the Secretary of the Treasury to 

6 invest any portion of the Fund that is not, as deter7 mined by the Secretary of the Interior, required to 

8 meet the current needs of the Fund. 

9 (2) REQUIREMENT.—An investment requested 

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

11 of the Treasury in a public debt security— 

12 (A) with a maturity suitable to the needs 

13 of the Fund, as determined by the Secretary of 

14 the Interior; and 

15 (B) bearing interest at a rate determined 

16 by the Secretary of the Treasury, taking into 

17 consideration current market yields on out18 standing marketable obligations of the United 

19 States of comparable maturity. 

20 (3) CREDITS TO FUND.—The income on invest21 ments of the Fund under this subsection shall be 

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


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1 SEC. 4. OFFSET. 

2 It is the sense of Congress that the costs of carrying 

3 out this Act should be offset. 

Æ 


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