I 
117TH CONGRESS 
1ST SESSION H. R. 1864 
To amend title 23, United States Code, with respect to funding the rec-
reational trails program, to require a study to determine the best avail-
able estimate of the total amount of nonhighway recreational fuel taxes 
received by the Secretary of the Treasury, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2021 
Mr. WELCH (for himself, Mr. CURTIS, Mr. SIMPSON, Mr. LARSEN of Wash-
ington, Mr. STEWART, Mr. KILMER, Mr. STIVERS, Mr. O’HALLERAN, Mr. 
NEAL, Mr. SAN NICOLAS, Ms. STRICKLAND, Mrs. NAPOLITANO, and Mr. 
HUFFMAN) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee 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 amend title 23, United States Code, with respect to 
funding the recreational trails program, to require a 
study to determine the best available estimate of the 
total amount of nonhighway recreational fuel taxes re-
ceived by the Secretary of the Treasury, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘RTP Full Funding 
Act of 2021’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the recreational trails program under sec-
tion 206 of title 23, United States Code— 
(A) funds development and maintenance of 
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 
motorcycling, all-terrain vehicle riding, 4-wheel 
off-highway vehicle 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 
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(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. 
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-
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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.— 
(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; 
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(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 
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 
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(4) groups representing recreational activities 
and interests, including hiking, biking and mountain 
biking, horseback riding, water trails, snowshoeing, 
cross-country 
skiing, 
snowmobiling, 
off-highway 
motorcycling, all-terrain vehicles, recreational off- 
highway vehicles, and other offroad motorized vehi-
cle activities, and recreational trail advocates. 
(c) FUNDING.— 
(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.—To provide addi-
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tional transparency into meeting objectives of the rec-
reational trails program, the Administrator 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. 
(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. 
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(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) of title 23, United States Code, is 
amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) RESERVATION OF FUNDS.—Of the funds 
apportioned to a State under section 104(b)(2) for 
each fiscal year, the Secretary shall reserve an 
amount such that— 
‘‘(A) subject to subparagraph (B), the Sec-
retary reserves a total under this subsection 
of— 
‘‘(i) $835,000,000 for each of fiscal 
years 2016 and 2017; and 
‘‘(ii) $850,000,000 for each of fiscal 
years 2018 through 2020; 
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‘‘(B) for each fiscal year, the amount of 
twice the covered funds is added to the amount 
reserved under subparagraph (A); 
‘‘(C) the State’s share of that total is de-
termined by multiplying the amount under sub-
paragraphs (A) and (B) by the ratio that— 
‘‘(i) the amount apportioned to the 
State for the transportation enhancements 
program for fiscal year 2009 under sub-
section (d)(2), as in effect on the day be-
fore the date of enactment of MAP–21; 
bears to 
‘‘(ii) the total amount of funds appor-
tioned to all States for the transportation 
enhancements program for fiscal year 
2009; and 
‘‘(D) for administrative, research, technical 
assistance, and training expenses (including the 
costs of entering into cooperative agreements 
with other Federal departments or agencies, in-
stitutions of higher education, or nonprofit or-
ganizations to carry out such an activity) for 
the recreational trails program under section 
206, an amount of up to 1 percent of the 
amount apportioned to carry out that program, 
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but not to exceed $1,500,000, which reservation 
shall be made before making any apportionment 
under paragraph (5) to a State.’’; 
(2) in paragraph (5)— 
(A) by striking ‘‘For each fiscal year’’ and 
inserting the following: 
‘‘(A) IN GENERAL.—For each fiscal year’’; 
(B) by redesignating subparagraphs (A) 
through (C) as clauses (i) through (iii), respec-
tively, and indenting the clauses appropriately; 
(C) by amending clause (i), as so redesig-
nated, to read as follows: 
‘‘(i) obligate an amount of funds re-
served under this section equal to the 
amount calculated under subparagraph 
(B);’’; and 
(D) by adding at the end the following: 
‘‘(B) CALCULATION OF STATE SHARE OF 
RECREATIONAL TRAIL PROGRAM FUNDS.—For 
each State, the required amount of funds to be 
obligated by such State under subparagraph 
(A)(i) shall be calculated by adding— 
‘‘(i) covered funds divided by the 
number of States reserving amounts under 
this subsection; and 
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‘‘(ii) covered funds proportioned to 
such State to the degree that— 
‘‘(I) 
non-highway 
recreational 
fuel use in such State during the pre-
ceding year; bears to 
‘‘(II) non-highway recreational 
fuel use in all States, as reflected in 
the most recent nonhighway rec-
reational fuel study required of the 
Secretary under the RTP Full Fund-
ing Act of 2021. 
‘‘(C) COVERED FUNDS DEFINED.—In this 
subsection, the term ‘covered funds’ means— 
‘‘(i) until the date on which the first 
report is submitted under section 4 of the 
RTP 
Full 
Funding 
Act 
of 
2021, 
$125,000,000; and 
‘‘(ii) after the date on which the first 
report is submitted under section 4 of the 
RTP Full Funding Act of 2020, 50 per-
cent of the best available estimate of the 
total annual amount of nonhighway rec-
reational fuel taxes transferred to the 
Highway Trust Fund.’’; and 
(3) in paragraph (6)(A)— 
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(A) by striking ‘‘A State’’ and inserting 
the following: 
‘‘(i) IN GENERAL.—A State’’; and 
(B) by adding at the end the following: 
‘‘(ii) NO FUNDS FOR OPT OUT.—In 
the case of a State that opts out of the 
recreational trails program under clause (i) 
for any fiscal year— 
‘‘(I) such State shall not receive 
an apportionment for such program 
for such fiscal year; and 
‘‘(II) 
the 
apportionment 
de-
scribed in subclause (I) shall be equi-
tably reallocated to all States partici-
pating in the recreational trails pro-
gram.’’. 
Æ 
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