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. GOR-
DON, Mr. CASE, Mr. RODRIGUEZ, Mr. MCINNIS, Mr. BOEHLERT, Mr. 
VAN HOLLEN, Mrs. CAPITO, Mr. HOEFFEL, Ms. MCCOLLUM, Mr. SNY-
DER, Mr. UDALL of Colorado, Mr. KILDEE, Mr. MARKEY, Ms. ROS-
LEHTINEN, Mr. NEAL of Massachusetts, Ms. BORDALLO, and Mr. 
MICHAUD) introduced the following bill; which was referred to the Com-
mittee 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 jurisdic-
tion of the committee concerned 
A BILL 
To eliminate the annual operating deficit and maintenance 
backlog in the national parks, and for other purposes.
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 ‘‘National Park Centen-
nial Act of 2004’’.
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds: 
(1) The National Park Service was established 
to conserve the national parks, their scenery, natural 
and historic objects, and wildlife for the enjoyment, 
in such manner and by such means as will leave 
them unimpaired for the enjoyment of future gen-
erations. 
(2) The central purpose of the establishment of 
our national parks is being challenged by chronic 
funding shortfalls, which have created annual short-
falls 
in 
operational 
funding 
that 
exceed 
$600,000,000, and have amassed a maintenance 
backlog estimated by the General Accounting Office 
at between $4,080,000,000 and $6,800,000,000. 
(3) Without providing the Park Service the re-
sources necessary to operate and maintain our na-
tional parks, future generations will receive dimin-
ished visitor services, will experience a continually 
weakening system that is less and less able to fulfill 
its mission, and will inherit a national park system 
than has been left to them in worse condition that 
it was left to their ancestors. 
(4) The annual appropriations process has 
proved incapable of fully addressing the debilitating 
funding shortfalls of the national parks, making it
necessary to supplement what the appropriations 
process is able to accomplish. 
(5) It is necessary to ensure that fiscal re-
sources devoted to the national parks are spent wise-
ly and effectively, making strong congressional over-
sight over annual appropriations extremely impor-
tant. 
(6) Congress can enhance the resources avail-
able for national park operations and ensure ade-
quate oversight over Park Service spending by re-
moving from the appropriations process a series of 
funding responsibilities that are outside the core op-
erating budgets for the national parks. 
(b) PURPOSE.—The purpose of this Act is to elimi-
nate the annual operating deficit and the maintenance 
backlog in the national parks by the centennial anniver-
sary of the National Park System by enabling Congress 
to focus on overseeing and fully funding the core oper-
ations of the national parks in the annual appropriations 
process. 
TITLE I—CENTENNIAL FUND 
SEC. 101. CENTENNIAL FUND FOR PRESERVING AMERICA’S 
NATIONAL PARKS. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund which shall be
known as the ‘‘National Park Centennial Fund’’, herein-
after in this Act referred to as the ‘‘Centennial Fund’’. 
In each fiscal year beginning in fiscal year 2005, the Sec-
retary of the Treasury shall deposit in the Centennial 
Fund amounts set forth in subsection (b) sufficient to 
fund the programs identified in titles II, III, and IV. 
(b) APPROPRIATIONS.—There are hereby appro-
priated to the Centennial Fund in each fiscal year, the 
following amounts: 
(1) Amounts equivalent to the amounts des-
ignated in the fiscal year concerned under section 
6097 of the Internal Revenue Code of 1986. 
(2) Any additional amounts necessary to make 
the total amounts deposited to the Centennial Fund 
each fiscal year equal to the total amount listed in 
section 103. 
SEC. 102. DESIGNATION OF OVERPAYMENTS AND CON-
TRIBUTIONS FOR THE BENEFIT OF UNITS OF 
THE NATIONAL PARK SYSTEM. 
(a) IN GENERAL.—Subchapter A of chapter 61 of the 
Internal Revenue Code of 1986 is amended by adding at 
the end the following new part:
‘‘PART 
IX—DESIGNATION 
OF 
OVERPAYMENTS 
AND CONTRIBUTIONS FOR THE BENEFIT OF 
UNITS OF THE NATIONAL PARK SYSTEM
‘‘Sec. 6097. Designation.
‘‘SEC. 6097. DESIGNATION. 
‘‘(a) IN GENERAL.—In the case of an individual, with 
respect to each taxpayer’s return for the taxable year of 
the tax imposed by chapter 1, such taxpayer may des-
ignate that—
‘‘(1) a specified portion (but not less than $1) 
of any overpayment of tax for such taxable year, and 
‘‘(2) any cash contribution which the taxpayer 
includes with such return, shall be used for the ben-
efit of units of the National Park System. 
‘‘(b) MANNER AND TIME OF DESIGNATION.—A des-
ignation under subsection (a) may be made with respect 
to any taxable year only at the time of filing the return 
of the tax imposed by chapter 1 for such taxable year. 
Such designation shall be made in such manner as the 
Secretary prescribes by regulations except that such des-
ignation shall be made either on the first page of the re-
turn or on the page bearing the taxpayer’s signature. 
‘‘(c) OVERPAYMENTS TREATED AS REFUNDED.—For 
purposes of this title, any portion of any overpayment of 
tax designated under subsection (a) shall be treated as
being refunded to the taxpayer as of the last date pre-
scribed for filing the return of tax imposed by chapter 1 
(determined without regard to extensions) or, if later, the 
date the return is filed.’’. 
(b) CLERICAL AMENDMENT.—The table of parts for 
subchapter A of chapter 61 of such Code is amended by 
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’’.
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2004. 
SEC. 103. PROGRAM ALLOCATION. 
The following amounts shall be deposited in the Cen-
tennial Fund from amounts designated under section 102 
(and from the General Fund of the Treasury to the extent 
the amounts so designated are less than the total amounts 
specified in this section for the fiscal year concerned). 
Such amounts shall, without further appropriation, be 
available to the Secretary of the Interior until expended: 
(1) Fiscal year 2005: $100,000,000. 
(2) Fiscal year 2006: $125,000,000. 
(3) Fiscal year 2007: $150,000,000. 
(4) Fiscal year 2008: $175,000,000. 
(5) Such sums as may be necessary through fis-
cal year 2016.
SEC. 104. DISTRIBUTION OF FUND. 
There are hereby created within the Centennial Fund 
3 accounts, designated for the following purposes: 
(1) National Park Backlog Elimination Fund 
(60 percent). 
(2) Natural Resource Challenge Fund (20 per-
cent). 
(3) Cultural Resource Challenge Fund (20 per-
cent). 
SEC. 105. PATRIOTS FOR PARKS PROMOTION. 
There are hereby authorized to be appropriated to the 
Secretary of the Interior such sums as necessary for a 
public awareness campaign about the existence of the Na-
tional Park Centennial Fund created in section 101 and 
the ability of taxpayers to contribute to it through the tax 
checkoff created in section 6097 of the Internal Revenue 
Code of 1986. 
TITLE II—ELIMINATING THE NA-
TIONAL PARK MAINTENANCE 
BACKLOG 
SEC. 201. BACKLOG ELIMINATION. 
(a) IN GENERAL.—Sixty percent of the funds depos-
ited into the Centennial Fund shall be used to eliminate 
the backlog of unmet needs in the National Parks, as iden-
tified in the Facility Condition Index (hereinafter in this
Act referred to as the ‘‘FCI’’) of the National Park Serv-
ice. 
(b) PRIORITIES.—(1) The Secretary of the Interior 
shall prepare, as part of the annual budget proposal, a 
priority list for projects to be funded under this section. 
Moneys shall be made available from the fund, without 
further appropriation, effective October 15 of each cal-
endar year, for the projects identified on the priority list, 
unless prior to such date, legislation is enacted estab-
lishing a different priority list. 
(2) In preparing the list of projects to be funded 
under this section, the Secretary of the Interior shall give 
priority to projects that—
(A) are identified in the park unit’s general 
management plan; 
(B) are listed in the FCI; 
(C) are identified by the Secretary of the Inte-
rior as necessary to prevent immediate damage to 
the park unit’s natural, cultural, or historic re-
sources, with priority given to projects with the most 
significant benefit to conservation of resources or 
visitor education; and 
(D) are identified as necessary to promote pub-
lic health and safety.
(c) 
OVERHEAD.—National 
Parks 
undertaking 
projects under this section may allocate up to 8 percent 
of the funds for such projects for oversight of such 
projects and other associated overhead responsibilities. 
TITLE III—PROTECTING 
NATURAL WONDERS 
SEC. 301. NATURAL RESOURCE CHALLENGE. 
(a) NATURAL
RESOURCE
PROTECTION.—Twenty 
percent of the funds deposited into the Centennial Fund 
shall be used to protect natural resources within the parks. 
(b) PROJECT DESCRIPTION.—The Secretary of the 
Interior shall prepare, as part of the annual budget pro-
posal, a description of projects to be funded under this 
section. Moneys shall be made available from the Centen-
nial Fund, without further appropriation, effective Octo-
ber 15 of each calendar year for activities that include 
each of the following: 
(1) Natural resource inventories. 
(2) Monitoring efforts including air and water 
quality monitoring. 
(3) Protection of native and endangered species 
and their habitats. 
(4) Control of nonnative species. 
(5) Resource planning. 
(6) Increase collaboration with scientists.
(7) 
Authorized 
environmental 
restoration 
projects. 
(8) Use of parks for learning. 
(9) Establishment of partnerships with nonpark 
entities for the purpose of leveraging Federal funds 
allocated to natural resource protection. 
TITLE IV—PROTECTING 
NATIONAL TREASURES 
SEC. 401. CULTURAL RESOURCE CHALLENGE. 
(a) CULTURAL RESOURCES.—Twenty percent of the 
funds deposited into the Centennial Fund shall be used 
to protect cultural resources within the national parks. 
(b) PROJECT DESCRIPTION.—The Secretary of the 
Interior shall prepare, as part of the annual budget pro-
posal, a description of projects to be funded under this 
section. Moneys shall be made available from the fund, 
without further appropriation, effective October 15 of each 
calendar year for activities that include each of the fol-
lowing: 
(1) Cultural or historic resources not listed on 
the FCI. 
(2) Documenting and preserving archaeological 
sites. 
(3) Preserving collections and archives. 
(4) Ethnographic activities.
(5) Evaluating and protecting cultural land-
scapes. 
(6) Establishment of partnerships with non-
park entities for the purpose of leveraging Federal 
funds allocated to cultural resource protection. 
TITLE V—MEETING ANNUAL 
OPERATING NEEDS 
SEC. 501. PROGRESS ON ANNUAL APPROPRIATIONS. 
(a) GAO REPORT.—The General Accounting Office 
annually shall submit to the Committee on Appropriations, 
Committee on Government Reform, and Committee on Re-
sources of the United States House of Representatives and 
to the Committee on Appropriations, Committee on Gov-
ernment Affairs, and Committee on Energy and Natural 
Resources of the United States Senate a report that de-
scribes each of the following: 
(1) The progress of Congress in eliminating the 
annual operating fund deficit in the National Park 
System, defined as in excess of $600,000,000 based 
on a fiscal year 2002 estimate of then-complete na-
tional park business plans, and projection of when 
such deficit will be eliminated, based on funding lev-
els and trends.
(2) A comparison of business plan estimates of 
national park needs versus actual funds appro-
priated to such parks. 
(3) Any differences in the Park Service’s busi-
ness plan methodology for the estimate in paragraph 
(2) of this subsection compared to that used in fiscal 
year 2003. 
(4) Management improvement measures under-
taken by individual park units and by the National 
Park Service as a whole, including actual realized 
savings and actual impact on visitor services and re-
source protection. 
(5) Adjustments in, and the total number of, 
full-time equivalent and actual positions dedicated to 
resource protection, visitor services, interpretation, 
and other employment categories. 
(6) Any adjustments made in service to the 
public, including but not limited to adjustments to 
visitor center hours and the number or quality of 
ranger-led tours. 
(7) Any changes in the Park Service’s level of 
effort due to partnership or other leveraged activi-
ties. 
(8) Any new requirements and assessments 
placed on the parks for unbudgeted expenses, includ-
ing, but not limited to, homeland security, natural 
disasters, and employee cost-of-living adjustments. 
(9) An assessment of the accuracy and com-
pleteness of the Facility Condition Index described 
in Title I of this Act, including adjustments made to 
such Index on an annual basis. 
(b) BUSINESS PLAN IMPLEMENTATION PILOT (DEM-
ONSTRATION) PROGRAM.—In consultation with the Direc-
tor of the National Park Service, at least 60 percent of 
the amounts provided under Titles II, III, and IV shall 
be distributed to national parks that have completed com-
prehensive business plans under the Business Plan Initia-
tive of the National Park Service. 
(c) EDUCATION AND THE NATIONAL PARKS.—The 
Secretary of Education is hereby authorized to provide 
grants to elementary and secondary schools to enter into 
cooperative agreements with the National Park Service for 
the purpose of distance learning and onsite education pro-
grams for the following purposes: 
(1) Connecting students to the history of our 
Nation through the national parks. 
(2) Using the parks to facilitate scientific in-
struction. 
(d) INTENT OF CONGRESS TO SUPPLEMENT ANNUAL 
APPROPRIATIONS
FOR
NATIONAL
PARK
SERVICE.—
Amounts made available by this Act are intended by the 
Congress to supplement, and not detract from, annual ap-
propriations for the National Park Service.
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