I 

108TH CONGRESS 

2D SESSION H. R. 5358

To eliminate the annual operating deficit and maintenance backlog in the 

national parks, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 9, 2004

Mr. SOUDER (for himself, Mr. BAIRD, Mr. EHLERS, Mr. GRIJALVA, Mr. GORDON, Mr. CASE, Mr. RODRIGUEZ, Mr. MCINNIS, Mr. BOEHLERT, Mr. 

VAN HOLLEN, Mrs. CAPITO, Mr. HOEFFEL, Ms. MCCOLLUM, Mr. SNYDER, Mr. UDALL of Colorado, Mr. KILDEE, Mr. MARKEY, Ms. ROSLEHTINEN, Mr. NEAL of Massachusetts, Ms. BORDALLO, and Mr. 

MICHAUD) introduced the following bill; which was referred to the Committee on Resources, 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 eliminate the annual operating deficit and maintenance 

backlog in the national parks, 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 Centen5 nial Act of 2004’’. 
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1 SEC. 2. FINDINGS AND PURPOSE. 

2 (a) FINDINGS.—Congress finds: 

3 (1) The National Park Service was established 

4 to conserve the national parks, their scenery, natural 

5 and historic objects, and wildlife for the enjoyment, 

6 in such manner and by such means as will leave 

7 them unimpaired for the enjoyment of future gen8 erations. 

9 (2) The central purpose of the establishment of 

10 our national parks is being challenged by chronic 

11 funding shortfalls, which have created annual short12 falls in operational funding that exceed 

13 $600,000,000, and have amassed a maintenance 

14 backlog estimated by the General Accounting Office 

15 at between $4,080,000,000 and $6,800,000,000. 

16 (3) Without providing the Park Service the re17 sources necessary to operate and maintain our na18 tional parks, future generations will receive dimin19 ished visitor services, will experience a continually 

20 weakening system that is less and less able to fulfill 

21 its mission, and will inherit a national park system 

22 than has been left to them in worse condition that 

23 it was left to their ancestors. 

24 (4) The annual appropriations process has 

25 proved incapable of fully addressing the debilitating 

26 funding shortfalls of the national parks, making it 
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1 necessary to supplement what the appropriations 

2 process is able to accomplish. 

3 (5) It is necessary to ensure that fiscal re4 sources devoted to the national parks are spent wise5 ly and effectively, making strong congressional over6 sight over annual appropriations extremely impor7 tant. 

8 (6) Congress can enhance the resources avail9 able for national park operations and ensure ade10 quate oversight over Park Service spending by re11 moving from the appropriations process a series of 

12 funding responsibilities that are outside the core op13 erating budgets for the national parks. 

14 (b) PURPOSE.—The purpose of this Act is to elimi15 nate the annual operating deficit and the maintenance 

16 backlog in the national parks by the centennial anniver17 sary of the National Park System by enabling Congress 

18 to focus on overseeing and fully funding the core oper19 ations of the national parks in the annual appropriations 

20 process. 

21 TITLE I—CENTENNIAL FUND 

22 SEC. 101. CENTENNIAL FUND FOR PRESERVING AMERICA’S 

23 NATIONAL PARKS. 

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

25 Treasury of the United States a fund which shall be 
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1 known as the ‘‘National Park Centennial Fund’’, herein2 after in this Act referred to as the ‘‘Centennial Fund’’. 

3 In each fiscal year beginning in fiscal year 2005, the Sec4 retary of the Treasury shall deposit in the Centennial 

5 Fund amounts set forth in subsection (b) sufficient to 

6 fund the programs identified in titles II, III, and IV. 

7 (b) APPROPRIATIONS.—There are hereby appro8 priated to the Centennial Fund in each fiscal year, the 

9 following amounts: 

10 (1) Amounts equivalent to the amounts des11 ignated in the fiscal year concerned under section 

12 6097 of the Internal Revenue Code of 1986. 

13 (2) Any additional amounts necessary to make 

14 the total amounts deposited to the Centennial Fund 

15 each fiscal year equal to the total amount listed in 

16 section 103. 

17 SEC. 102. DESIGNATION OF OVERPAYMENTS AND CON18 TRIBUTIONS FOR THE BENEFIT OF UNITS OF 

19 THE NATIONAL PARK SYSTEM. 

20 (a) IN GENERAL.—Subchapter A of chapter 61 of the 

21 Internal Revenue Code of 1986 is amended by adding at 

22 the end the following new part: 
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1 ‘‘PART IX—DESIGNATION OF OVERPAYMENTS 

2 AND CONTRIBUTIONS FOR THE BENEFIT OF 

3 UNITS OF THE NATIONAL PARK SYSTEM

‘‘Sec. 6097. Designation.

4 ‘‘SEC. 6097. DESIGNATION. 

5 ‘‘(a) IN GENERAL.—In the case of an individual, with 

6 respect to each taxpayer’s return for the taxable year of 

7 the tax imposed by chapter 1, such taxpayer may des8 ignate that—

9 ‘‘(1) a specified portion (but not less than $1) 

10 of any overpayment of tax for such taxable year, and 

11 ‘‘(2) any cash contribution which the taxpayer 

12 includes with such return, shall be used for the ben13 efit of units of the National Park System. 

14 ‘‘(b) MANNER AND TIME OF DESIGNATION.—A des15 ignation under subsection (a) may be made with respect 

16 to any taxable year only at the time of filing the return 

17 of the tax imposed by chapter 1 for such taxable year. 

18 Such designation shall be made in such manner as the 

19 Secretary prescribes by regulations except that such des20 ignation shall be made either on the first page of the re21 turn or on the page bearing the taxpayer’s signature. 

22 ‘‘(c) OVERPAYMENTS TREATED AS REFUNDED.—For 

23 purposes of this title, any portion of any overpayment of 

24 tax designated under subsection (a) shall be treated as 
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1 being refunded to the taxpayer as of the last date pre2 scribed for filing the return of tax imposed by chapter 1 

3 (determined without regard to extensions) or, if later, the 

4 date the return is filed.’’. 

5 (b) CLERICAL AMENDMENT.—The table of parts for 

6 subchapter A of chapter 61 of such Code is amended by 

7 adding at the end thereof the following new item:

‘‘PART IX. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE

BENEFIT OF UNITS OF THE NATIONAL PARK SYSTEM’’.

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply to taxable years beginning after 

10 December 31, 2004. 

11 SEC. 103. PROGRAM ALLOCATION. 

12 The following amounts shall be deposited in the Cen13 tennial Fund from amounts designated under section 102 

14 (and from the General Fund of the Treasury to the extent 

15 the amounts so designated are less than the total amounts 

16 specified in this section for the fiscal year concerned). 

17 Such amounts shall, without further appropriation, be 

18 available to the Secretary of the Interior until expended: 

19 (1) Fiscal year 2005: $100,000,000. 

20 (2) Fiscal year 2006: $125,000,000. 

21 (3) Fiscal year 2007: $150,000,000. 

22 (4) Fiscal year 2008: $175,000,000. 

23 (5) Such sums as may be necessary through fis24 cal year 2016. 
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1 SEC. 104. DISTRIBUTION OF FUND. 

2 There are hereby created within the Centennial Fund 

3 3 accounts, designated for the following purposes: 

4 (1) National Park Backlog Elimination Fund 

5 (60 percent). 

6 (2) Natural Resource Challenge Fund (20 per7 cent). 

8 (3) Cultural Resource Challenge Fund (20 per9 cent). 

10 SEC. 105. PATRIOTS FOR PARKS PROMOTION. 

11 There are hereby authorized to be appropriated to the 

12 Secretary of the Interior such sums as necessary for a 

13 public awareness campaign about the existence of the Na14 tional Park Centennial Fund created in section 101 and 

15 the ability of taxpayers to contribute to it through the tax 

16 checkoff created in section 6097 of the Internal Revenue 

17 Code of 1986. 

18 TITLE II—ELIMINATING THE NA19 TIONAL PARK MAINTENANCE 

20 BACKLOG 

21 SEC. 201. BACKLOG ELIMINATION. 

22 (a) IN GENERAL.—Sixty percent of the funds depos23 ited into the Centennial Fund shall be used to eliminate 

24 the backlog of unmet needs in the National Parks, as iden25 tified in the Facility Condition Index (hereinafter in this 
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1 Act referred to as the ‘‘FCI’’) of the National Park Serv2 ice. 

3 (b) PRIORITIES.—(1) The Secretary of the Interior 

4 shall prepare, as part of the annual budget proposal, a 

5 priority list for projects to be funded under this section. 

6 Moneys shall be made available from the fund, without 

7 further appropriation, effective October 15 of each cal8 endar year, for the projects identified on the priority list, 

9 unless prior to such date, legislation is enacted estab10 lishing a different priority list. 

11 (2) In preparing the list of projects to be funded 

12 under this section, the Secretary of the Interior shall give 

13 priority to projects that—

14 (A) are identified in the park unit’s general 

15 management plan; 

16 (B) are listed in the FCI; 

17 (C) are identified by the Secretary of the Inte18 rior as necessary to prevent immediate damage to 

19 the park unit’s natural, cultural, or historic re20 sources, with priority given to projects with the most 

21 significant benefit to conservation of resources or 

22 visitor education; and 

23 (D) are identified as necessary to promote pub24 lic health and safety. 
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1 (c) OVERHEAD.—National Parks undertaking 

2 projects under this section may allocate up to 8 percent 

3 of the funds for such projects for oversight of such 

4 projects and other associated overhead responsibilities. 

5 TITLE III—PROTECTING 

6 NATURAL WONDERS 

7 SEC. 301. NATURAL RESOURCE CHALLENGE. 

8 (a) NATURAL RESOURCE PROTECTION.—Twenty 

9 percent of the funds deposited into the Centennial Fund 

10 shall be used to protect natural resources within the parks. 

11 (b) PROJECT DESCRIPTION.—The Secretary of the 

12 Interior shall prepare, as part of the annual budget pro13 posal, a description of projects to be funded under this 

14 section. Moneys shall be made available from the Centen15 nial Fund, without further appropriation, effective Octo16 ber 15 of each calendar year for activities that include 

17 each of the following: 

18 (1) Natural resource inventories. 

19 (2) Monitoring efforts including air and water 

20 quality monitoring. 

21 (3) Protection of native and endangered species 

22 and their habitats. 

23 (4) Control of nonnative species. 

24 (5) Resource planning. 

25 (6) Increase collaboration with scientists. 
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1 (7) Authorized environmental restoration 

2 projects. 

3 (8) Use of parks for learning. 

4 (9) Establishment of partnerships with nonpark 

5 entities for the purpose of leveraging Federal funds 

6 allocated to natural resource protection. 

7 TITLE IV—PROTECTING 

8 NATIONAL TREASURES 

9 SEC. 401. CULTURAL RESOURCE CHALLENGE. 

10 (a) CULTURAL RESOURCES.—Twenty percent of the 

11 funds deposited into the Centennial Fund shall be used 

12 to protect cultural resources within the national parks. 

13 (b) PROJECT DESCRIPTION.—The Secretary of the 

14 Interior shall prepare, as part of the annual budget pro15 posal, a description of projects to be funded under this 

16 section. Moneys shall be made available from the fund, 

17 without further appropriation, effective October 15 of each 

18 calendar year for activities that include each of the fol19 lowing: 

20 (1) Cultural or historic resources not listed on 

21 the FCI. 

22 (2) Documenting and preserving archaeological 

23 sites. 

24 (3) Preserving collections and archives. 

25 (4) Ethnographic activities. 
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1 (5) Evaluating and protecting cultural land2 scapes. 

3 (6) Establishment of partnerships with non4 park entities for the purpose of leveraging Federal 

5 funds allocated to cultural resource protection. 

6 TITLE V—MEETING ANNUAL 

7 OPERATING NEEDS 

8 SEC. 501. PROGRESS ON ANNUAL APPROPRIATIONS. 

9 (a) GAO REPORT.—The General Accounting Office 

10 annually shall submit to the Committee on Appropriations, 

11 Committee on Government Reform, and Committee on Re12 sources of the United States House of Representatives and 

13 to the Committee on Appropriations, Committee on Gov14 ernment Affairs, and Committee on Energy and Natural 

15 Resources of the United States Senate a report that de16 scribes each of the following: 

17 (1) The progress of Congress in eliminating the 

18 annual operating fund deficit in the National Park 

19 System, defined as in excess of $600,000,000 based 

20 on a fiscal year 2002 estimate of then-complete na21 tional park business plans, and projection of when 

22 such deficit will be eliminated, based on funding lev23 els and trends. 
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1 (2) A comparison of business plan estimates of 

2 national park needs versus actual funds appro3 priated to such parks. 

4 (3) Any differences in the Park Service’s busi5 ness plan methodology for the estimate in paragraph 

6 (2) of this subsection compared to that used in fiscal 

7 year 2003. 

8 (4) Management improvement measures under9 taken by individual park units and by the National 

10 Park Service as a whole, including actual realized 

11 savings and actual impact on visitor services and re12 source protection. 

13 (5) Adjustments in, and the total number of, 

14 full-time equivalent and actual positions dedicated to 

15 resource protection, visitor services, interpretation, 

16 and other employment categories. 

17 (6) Any adjustments made in service to the 

18 public, including but not limited to adjustments to 

19 visitor center hours and the number or quality of 

20 ranger-led tours. 

21 (7) Any changes in the Park Service’s level of 

22 effort due to partnership or other leveraged activi23 ties. 

24 (8) Any new requirements and assessments 

25 placed on the parks for unbudgeted expenses, includ-
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1 ing, but not limited to, homeland security, natural 

2 disasters, and employee cost-of-living adjustments. 

3 (9) An assessment of the accuracy and com4 pleteness of the Facility Condition Index described 

5 in Title I of this Act, including adjustments made to 

6 such Index on an annual basis. 

7 (b) BUSINESS PLAN IMPLEMENTATION PILOT (DEM8 ONSTRATION) PROGRAM.—In consultation with the Direc9 tor of the National Park Service, at least 60 percent of 

10 the amounts provided under Titles II, III, and IV shall 

11 be distributed to national parks that have completed com12 prehensive business plans under the Business Plan Initia13 tive of the National Park Service. 

14 (c) EDUCATION AND THE NATIONAL PARKS.—The 

15 Secretary of Education is hereby authorized to provide 

16 grants to elementary and secondary schools to enter into 

17 cooperative agreements with the National Park Service for 

18 the purpose of distance learning and onsite education pro19 grams for the following purposes: 

20 (1) Connecting students to the history of our 

21 Nation through the national parks. 

22 (2) Using the parks to facilitate scientific in23 struction. 

24 (d) INTENT OF CONGRESS TO SUPPLEMENT ANNUAL

25 APPROPRIATIONS FOR NATIONAL PARK SERVICE.—
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1 Amounts made available by this Act are intended by the 

2 Congress to supplement, and not detract from, annual ap3 propriations for the National Park Service.

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