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 Infrastruc-
ture, and in addition to the Committee on Ways and Means, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘RTP Full Funding 
Act of 2018’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
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(1) the recreational trails program under sec-
tion 206 of title 23, United States Code— 
(A) helps develop and maintain valuable 
trail infrastructure across the United States; 
(B) benefits millions of diverse trail users, 
including users who participate in hiking, bicy-
cling, in-line skating, equestrian use, cross- 
country skiing, snowmobiling, off-road motorcy-
cling, all-terrain vehicle riding, 4-wheel driving, 
and other off-road motorized vehicle use; and 
(C)(i) embraces the user-pay-user-benefit 
model of the Highway Trust Fund; and 
(ii) is funded by a Federal tax on fuel used 
for nonhighway recreation; 
(2) to ensure that Federal taxes collected from 
nonhighway recreation are appropriately returned to 
the States for the recreational trails program, an ac-
curate estimate of the total amount of nonhighway 
fuel taxes collected is necessary; and 
(3) an accurate study to produce a best avail-
able estimate of the total amount of nonhighway rec-
reational fuel taxes received by the Secretary of the 
Treasury will help inform Congress in continuing to 
authorize the recreational trails program. 
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SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal 
Highway Administration. 
(2) HIGHWAY TRUST FUND.—The term ‘‘High-
way Trust Fund’’ means the Highway Trust Fund 
established by section 9503(a) of the Internal Rev-
enue Code of 1986. 
(3) 
NONHIGHWAY
RECREATIONAL
FUEL 
TAXES.—The term ‘‘nonhighway recreational fuel 
taxes’’ means taxes under section 4041 and 4081 of 
the Internal Revenue Code of 1986 with respect to 
fuel used in vehicles on recreational trails or back 
country terrain (including vehicles registered for 
highway use when used on recreational trails, trail 
access roads not eligible for funding under title 23, 
United States Code, or back country terrain). 
(4) RECREATIONAL
TRAILS
PROGRAM.—The 
term ‘‘recreational trails program’’ means the rec-
reational trails program under section 206 of title 
23, United States Code. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
SEC. 4. NONHIGHWAY RECREATIONAL FUEL STUDY. 
(a) ASSESSMENT; REPORT.— 
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(1) ASSESSMENT.—Not later than 1 year after 
the date of enactment of this Act and not less fre-
quently than once every 5 years thereafter, as deter-
mined by the Secretary, the Secretary shall carry 
out an assessment of the best available estimate of 
the total amount of nonhighway recreational fuel 
taxes received by the Secretary of the Treasury and 
transferred to the Highway Trust Fund for the pe-
riod covered by the assessment. 
(2) REPORT.—After carrying out each assess-
ment under paragraph (1), the Secretary shall sub-
mit to the Committees on Finance and Environment 
and Public Works of the Senate and the Committees 
on Ways and Means and Transportation and Infra-
structure of the House of Representatives a report 
that includes— 
(A) a description of the results of the as-
sessment; 
(B) an evaluation of whether the current 
recreational trails program funding level of each 
participating State accurately reflects the ap-
portionment 
criteria 
described 
in 
section 
133(h)(5) of title 23, United States Code; and 
(C) in the case of the first report sub-
mitted under this paragraph, an estimate of the 
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frequency with which the Secretary anticipates 
carrying out the assessment under paragraph 
(1), subject to the condition that such an as-
sessment shall be carried out not less frequently 
than once every 5 years. 
(b) CONSULTATION.—In carrying out an assessment 
under subsection (a)(1), the Secretary may consult with, 
as the Secretary determines to be appropriate— 
(1) the heads of— 
(A) State agencies designated by Gov-
ernors pursuant to section 206(c)(1) of title 23, 
United States Code, to administer the rec-
reational trails program; and 
(B) division offices of the Department of 
Transportation; 
(2) the Secretary of the Treasury; 
(3) the Administrator; and 
(4) groups representing recreational activities 
and interests, including hiking, biking and mountain 
biking, horseback riding, water trails, snowshoeing, 
cross-country skiing, snowmobiling, off-highway mo-
torcycling, all-terrain vehicles and other offroad mo-
torized vehicle activities, and recreational trail advo-
cates. 
(c) FUNDING.— 
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(1) IN GENERAL.—For the first fiscal year be-
ginning after the date of enactment of this Act, the 
Secretary shall set aside from funds available to the 
Secretary to carry out the recreational trails pro-
gram and not otherwise obligated an amount not 
greater than $3,000,000 to conduct the assessment 
under subsection (a)(1). 
(2) RESERVATION.—The amount set aside 
under this subsection shall be proportionately re-
served from the apportionment to each State partici-
pating in the recreational trails program during that 
fiscal year, after making any reallocation to partici-
pating States, as described in section 133(h)(1)(B) 
of title 23, United States Code. 
SEC. 5. REPORTING. 
(a) ESTABLISHMENT OF NEW FINANCIAL MANAGE-
MENT INFORMATION SYSTEM CODES.—The Adminis-
trator shall establish financial management information 
system codes for each of the following: 
(1) Nonmotorized single use project. 
(2) Nonmotorized diverse use project. 
(3) Diverse use project including both motor-
ized and nonmotorized uses. 
(4) Motorized single use project. 
(5) Motorized diverse use project. 
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(b) STATE REPORTS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), not less frequently than annually, each 
State that carries out projects under the recreational 
trails program shall submit to the Administrator a 
report describing the expenditures relating to those 
projects, as listed— 
(A) based on each code described in sub-
section (a); and 
(B) relating to projects for the State on 
Federal land. 
(2) EXEMPTION.—Paragraph (1) shall not 
apply to a State that is described in section 
206(d)(3)(B) of title 23, United States Code. 
(c) ASSESSMENT.—Not less frequently than annually, 
the Administrator shall— 
(1) carry out an assessment of State expendi-
tures on recreational trails projects under subsection 
(b); and 
(2) submit to Congress a report that describes 
the results of the assessment. 
SEC. 6. STP SET-ASIDE. 
Section 133(h)(1) of title 23, United States Code, is 
amended— 
(1) in subparagraph (B)— 
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(A) in the matter preceding clause (i), by 
striking ‘‘subparagraph (A)’’ and inserting 
‘‘clause (i)’’; 
(B) in clause (i), by striking ‘‘section 
133(d)(2)’’ and inserting ‘‘subsection (d)(2)’’; 
and 
(C) in clause (ii), by striking the period at 
the end and inserting ‘‘; and’’; 
(2) in each of subparagraphs (A) and (B), by 
redesignating clauses (i) and (ii) as subclauses (I) 
and (II), respectively, and indenting the subclauses 
appropriately; 
(3) by redesignating subparagraphs (A) and 
(B) as clauses (i) and (ii), respectively, and indent-
ing the clauses appropriately; 
(4) in the matter preceding clause (i) (as so re-
designated), by striking ‘‘shall reserve an amount 
such that—’’ and inserting the following: ‘‘shall re-
serve— 
‘‘(A) an amount such that—’’; and 
(5) by adding at the end the following: 
‘‘(B) for administrative, research, technical 
assistance, and training expenses (including the 
costs of entering into cooperative agreements 
with other Federal departments or agencies, in-
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stitutions of higher education, or nonprofit or-
ganizations to carry out such an activity) for 
the recreational trails program under section 
206, an amount equal to 1 percent of the 
amount apportioned to carry out that program, 
which reservation shall be made before making 
any apportionment under paragraph (5) to a 
State.’’. 
Æ 
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