I 

115TH CONGRESS 

2D SESSION H. R. 7202 

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. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 29, 2018 

Mr. WELCH (for himself and Mr. SIMPSON) 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 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. 

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 ‘‘RTP Full Funding 

5 Act of 2018’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


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1 (1) the recreational trails program under sec2 tion 206 of title 23, United States Code— 

3 (A) helps develop and maintain valuable 

4 trail infrastructure across the United States; 

5 (B) benefits millions of diverse trail users, 

6 including users who participate in hiking, bicy7 cling, in-line skating, equestrian use, cross8 country skiing, snowmobiling, off-road motorcy9 cling, all-terrain vehicle riding, 4-wheel driving, 

10 and other off-road motorized vehicle use; and 

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

12 model of the Highway Trust Fund; and 

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

14 for nonhighway recreation; 

15 (2) to ensure that Federal taxes collected from 

16 nonhighway recreation are appropriately returned to 

17 the States for the recreational trails program, an ac18 curate estimate of the total amount of nonhighway 

19 fuel taxes collected is necessary; and 

20 (3) an accurate study to produce a best avail21 able estimate of the total amount of nonhighway rec22 reational fuel taxes received by the Secretary of the 

23 Treasury will help inform Congress in continuing to 

24 authorize the recreational trails program. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Federal 

5 Highway Administration. 

6 (2) HIGHWAY TRUST FUND.—The term ‘‘High7 way Trust Fund’’ means the Highway Trust Fund 

8 established by section 9503(a) of the Internal Rev9 enue Code of 1986. 

10 (3) NONHIGHWAY RECREATIONAL FUEL

11 TAXES.—The term ‘‘nonhighway recreational fuel 

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

13 the Internal Revenue Code of 1986 with respect to 

14 fuel used in vehicles on recreational trails or back 

15 country terrain (including vehicles registered for 

16 highway use when used on recreational trails, trail 

17 access roads not eligible for funding under title 23, 

18 United States Code, or back country terrain). 

19 (4) RECREATIONAL TRAILS PROGRAM.—The 

20 term ‘‘recreational trails program’’ means the rec21 reational trails program under section 206 of title 

22 23, United States Code. 

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

24 the Secretary of Transportation. 

25 SEC. 4. NONHIGHWAY RECREATIONAL FUEL STUDY. 

26 (a) ASSESSMENT; REPORT.— 


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

2 the date of enactment of this Act and not less fre3 quently than once every 5 years thereafter, as deter4 mined by the Secretary, the Secretary shall carry 

5 out an assessment of the best available estimate of 

6 the total amount of nonhighway recreational fuel 

7 taxes received by the Secretary of the Treasury and 

8 transferred to the Highway Trust Fund for the pe9 riod covered by the assessment. 

10 (2) REPORT.—After carrying out each assess11 ment under paragraph (1), the Secretary shall sub12 mit to the Committees on Finance and Environment 

13 and Public Works of the Senate and the Committees 

14 on Ways and Means and Transportation and Infra15 structure of the House of Representatives a report 

16 that includes— 

17 (A) a description of the results of the as18 sessment; 

19 (B) an evaluation of whether the current 

20 recreational trails program funding level of each 

21 participating State accurately reflects the ap22 portionment criteria described in section 

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

24 (C) in the case of the first report sub25 mitted under this paragraph, an estimate of the 


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1 frequency with which the Secretary anticipates 

2 carrying out the assessment under paragraph 

3 (1), subject to the condition that such an as4 sessment shall be carried out not less frequently 

5 than once every 5 years. 

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

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

8 as the Secretary determines to be appropriate— 

9 (1) the heads of— 

10 (A) State agencies designated by Gov11 ernors pursuant to section 206(c)(1) of title 23, 

12 United States Code, to administer the rec13 reational trails program; and 

14 (B) division offices of the Department of 

15 Transportation; 

16 (2) the Secretary of the Treasury; 

17 (3) the Administrator; and 

18 (4) groups representing recreational activities 

19 and interests, including hiking, biking and mountain 

20 biking, horseback riding, water trails, snowshoeing, 

21 cross-country skiing, snowmobiling, off-highway mo22 torcycling, all-terrain vehicles and other offroad mo23 torized vehicle activities, and recreational trail advo24 cates. 

25 (c) FUNDING.— 


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1 (1) IN GENERAL.—For the first fiscal year be2 ginning after the date of enactment of this Act, the 

3 Secretary shall set aside from funds available to the 

4 Secretary to carry out the recreational trails pro5 gram and not otherwise obligated an amount not 

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

7 under subsection (a)(1). 

8 (2) RESERVATION.—The amount set aside 

9 under this subsection shall be proportionately re10 served from the apportionment to each State partici11 pating in the recreational trails program during that 

12 fiscal year, after making any reallocation to partici13 pating States, as described in section 133(h)(1)(B) 

14 of title 23, United States Code. 

15 SEC. 5. REPORTING. 

16 (a) ESTABLISHMENT OF NEW FINANCIAL MANAGE17 MENT INFORMATION SYSTEM CODES.—The Adminis18 trator shall establish financial management information 

19 system codes for each of the following: 

20 (1) Nonmotorized single use project. 

21 (2) Nonmotorized diverse use project. 

22 (3) Diverse use project including both motor23 ized and nonmotorized uses. 

24 (4) Motorized single use project. 

25 (5) Motorized diverse use project. 


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1 (b) STATE REPORTS.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), not less frequently than annually, each 

4 State that carries out projects under the recreational 

5 trails program shall submit to the Administrator a 

6 report describing the expenditures relating to those 

7 projects, as listed— 

8 (A) based on each code described in sub9 section (a); and 

10 (B) relating to projects for the State on 

11 Federal land. 

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

13 apply to a State that is described in section 

14 206(d)(3)(B) of title 23, United States Code. 

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

16 the Administrator shall— 

17 (1) carry out an assessment of State expendi18 tures on recreational trails projects under subsection 

19 (b); and 

20 (2) submit to Congress a report that describes 

21 the results of the assessment. 

22 SEC. 6. STP SET-ASIDE. 

23 Section 133(h)(1) of title 23, United States Code, is 

24 amended— 

25 (1) in subparagraph (B)— 


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1 (A) in the matter preceding clause (i), by 

2 striking ‘‘subparagraph (A)’’ and inserting 

3 ‘‘clause (i)’’; 

4 (B) in clause (i), by striking ‘‘section 

5 133(d)(2)’’ and inserting ‘‘subsection (d)(2)’’; 

6 and 

7 (C) in clause (ii), by striking the period at 

8 the end and inserting ‘‘; and’’; 

9 (2) in each of subparagraphs (A) and (B), by 

10 redesignating clauses (i) and (ii) as subclauses (I) 

11 and (II), respectively, and indenting the subclauses 

12 appropriately; 

13 (3) by redesignating subparagraphs (A) and 

14 (B) as clauses (i) and (ii), respectively, and indent15 ing the clauses appropriately; 

16 (4) in the matter preceding clause (i) (as so re17 designated), by striking ‘‘shall reserve an amount 

18 such that—’’ and inserting the following: ‘‘shall re19 serve— 

20 ‘‘(A) an amount such that—’’; and 

21 (5) by adding at the end the following: 

22 ‘‘(B) for administrative, research, technical 

23 assistance, and training expenses (including the 

24 costs of entering into cooperative agreements 

25 with other Federal departments or agencies, inVerDate Sep 11 2014 23:53 Nov 30, 2018 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7202.IH H7202

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1 stitutions of higher education, or nonprofit or2 ganizations to carry out such an activity) for 

3 the recreational trails program under section 

4 206, an amount equal to 1 percent of the 

5 amount apportioned to carry out that program, 

6 which reservation shall be made before making 

7 any apportionment under paragraph (5) to a 

8 State.’’. 

Æ 


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