Title: LAND Act
Policy area: Public Lands and Natural Resources

Summary:
Land and National Park Deferred Maintenance Act or the LAND Act
This bill makes permanent the Land and Water Conservation Fund (LWCF).
From the amounts deposited into the LWCF, $450 million shall be available in each fiscal year to carry out the purposes of the LWCF.
Of the total amount available through appropriations or deposited into the fund under the Gulf of Mexico Energy Security Act of 2006, at least 40% shall be for federal purposes, and at least 40% shall be for financial assistance to states.
The bill prohibits the use of any funds to states for acquisition of lands or waters by eminent domain.
At least 3% of appropriated or expended LWCF funds must be available for projects that secure public access to existing federal public land for hunting, fishing, and other recreational purposes.
The bill establishes a National Park Service and Related Agencies Maintenance and Revitalization Conservation Fund for the deposit through FY2029 of $450 million from mineral revenues that are not otherwise credited, covered, or deposited under federal law. Of amounts made available from this fund, the Department of the Interior shall use specified amounts for priority deferred maintenance needs that support critical infrastructure and visitor services.


[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1026 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 1026

 To provide for consistent and reliable authority and funding to meet 
 conservation and deferred maintenance needs affecting lands under the 
 administrative jurisdiction of the Department of the Interior and the 
           Department of Agriculture, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2019

Mr. Simpson (for himself and Mr. Kilmer) introduced the following bill; 
   which was referred to the Committee on Natural Resources, and in 
      addition to the Committee on the Budget, 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 provide for consistent and reliable authority and funding to meet 
 conservation and deferred maintenance needs affecting lands under the 
 administrative jurisdiction of the Department of the Interior and the 
           Department of Agriculture, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Land and National Park Deferred 
Maintenance Act'' or the ``LAND Act''.

SEC. 2. LAND AND WATER CONSERVATION FUND.

    (a) Reauthorization.--Section 200302 of title 54, United States 
Code, is amended--
            (1) in subsection (b), in the matter preceding paragraph 
        (1), by striking ``During the period ending September 30, 2018, 
        there'' and inserting ``There''; and
            (2) in subsection (c)(1), by striking ``through September 
        30, 2018''.
    (b) Funding.--Section 200303 of title 54, United States Code, is 
amended to read as follows:
``Sec. 200303. Funding
    ``(a) Funding for Fiscal Years 2020 Through 2029.--From amounts 
covered into the fund under section 200302 of this chapter--
            ``(1) $450,000,000 in each fiscal year shall be available 
        for expenditure to carry out the purposes of this Act, without 
        further appropriation or fiscal year limitation, to carry out 
        the purposes of the Fund (including accounts and programs made 
        available from the Fund under the Consolidated Appropriations 
        Act, 2017 (Public Law 115-31)); and
            ``(2) the remainder of amounts covered into the fund shall 
        be available subject to appropriations, which may be made 
        without fiscal year limitation.
    ``(b) Uses.--Amounts made available for obligation or expenditure 
from the fund may be obligated or expended only as provided in this 
chapter.''.
    (c) Allocation and Uses of Funds.--Section 200304 of title 54, 
United States Code, is amended--
            (1) by striking ``There'' and inserting ``(a) In General.--
        There''; and
            (2) by striking the second sentence and inserting the 
        following:
    ``(b) Allocation of Funds.--Of the total amount made available to 
the Fund through appropriations or deposited in the Fund under section 
105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (43 
U.S.C. 1331 note; Public Law 109-432)--
            ``(1) not less than 40 percent shall be used for Federal 
        purposes; and
            ``(2) not less than 40 percent shall be used to provide 
        financial assistance to States.
    ``(c) Priorities.--The President shall, as part of the President's 
annual budget submission to Congress, submit to Congress detailed 
account, program, and project allocations for funds made available 
under paragraph (b)(1). Acts of appropriation may provide alternate 
allocations for such amounts.
    ``(d) Prohibition on Use of Eminent Domain.--No funds made 
available to a State under this Act may be used for the acquisition of 
land, water, or an interest in land or water by eminent domain.''.
    (d) Recreation Access.--Section 200306 of title 54, United States 
Code, is amended by adding at the end the following:
    ``(c) Public Access.--Not less than 3 percent of amounts 
appropriated or expended under this chapter in each fiscal year shall 
be made available for the fiscal year for projects that secure 
recreational public access to existing Federal public land for hunting, 
fishing, and other recreational purposes.''.
    (e) Conforming Amendments.--Title 54, United States Code--
            (1) in section 200302, paragraph (3) of subsection (c) is 
        amended by inserting ``or otherwise expended'' after 
        ``Congress'';
            (2) in section 200304--
                    (A) the first sentence is amended by inserting ``or 
                expenditures'' after ``appropriations''; and
                    (B) the second sentence is amended by inserting 
                ``or expenditures'' after ``appropriations'';
            (3) in section 200305--
                    (A) the matter preceding paragraph (1) of 
                subsection (b) is amended by inserting ``or otherwise 
                provided'' after ``appropriated'';
                    (B) paragraph (1) of subsection (b) is amended by 
                inserting ``expenditures'' after ``appropriations''; 
                and
                    (C) paragraph (2) of subsection (b) is amended by 
                inserting ``expenditure'' after ``appropriation''; and
            (4) in section 200306--
                    (A) paragraph (1) is amended by inserting ``or 
                expended'' after ``appropriated'';
                    (B) in paragraph (2), subparagraph (B)(ii) is 
                amended by inserting ``or expended'' after 
                ``appropriated'';
                    (C) paragraph (4) is amended by inserting ``or 
                expenditures'' after ``appropriations'' each time it 
                appears; and
                    (D) subsection (b) is amended by inserting ``or 
                expenditures'' after ``Appropriations'' each time it 
                appears.
    (f) Clerical Amendment.--The table of sections for chapter 2003 of 
title 54, United States Code, is amended by striking the item relating 
to section 200303 and inserting the following:

``200303. Funding.''.

SEC. 3. NATIONAL PARK SERVICE MAINTENANCE AND REVITALIZATION 
              CONSERVATION FUND.

    (a) In General.--There is hereby established in the Treasury a 
special account to be known as the ``National Park Service and Related 
Agencies Maintenance and Revitalization Conservation Fund''.
    (b) Availability of Funds.--For each of fiscal years 2020 through 
2029, $450,000,000 shall be available for expenditure to carry out the 
purposes of this Act, without further appropriation or fiscal year 
limitation, to carry out the purposes of the Fund. Amounts from the 
Fund shall not be used for the acquisition of land or interests in 
land.
    (c) Deposits.--At the beginning of each applicable fiscal year, 
there shall be deposited in the Fund $450,000,000 from mineral revenues 
due and payable to the United States that are not otherwise credited, 
covered, or deposited under Federal law.
    (d) Department of the Interior.--Of funds made available under 
subsection (b) each fiscal year, the Secretary of the Interior shall 
use the following amounts for priority deferred maintenance needs that 
support critical infrastructure and visitor services:
            (1) Eighty percent of amounts in the Fund shall be 
        allocated for priority deferred maintenance projects, including 
        other infrastructure deficiencies directly related to such 
        deferred maintenance projects, as determined by the Secretary 
        of the Interior and the Director of the National Park Service, 
        with the goal of ensuring overall parity between amounts 
        allocated to transportation and non-transportation projects.
            (2) Ten percent of amounts in the Fund shall be allocated 
        for purposes of addressing the national wildlife refuge system 
        maintenance backlog, as determined by the Secretary of the 
        Interior and the Director of the United States Fish and 
        Wildlife Service.
            (3) Five percent of amounts in the Fund shall be allocated 
        for the purposes of addressing the public access and recreation 
        backlog on public lands, as determined by the Secretary of the 
        Interior and the Director of the Bureau of Land Management.
            (4) Five percent of amounts in the Fund shall be for the 
        purposes of addressing the Bureau of Indian Education school 
        construction and deferred maintenance backlogs, as determined 
        by the Secretary of the Interior and the Director of the Bureau 
        of Indian Education.
    (e) Prohibited Use of Funds.--No amounts in the Fund shall be 
used--
            (1) to supplant discretionary funding made available for 
        the annually recurring facility operations, maintenance, and 
        construction needs of the entities for which amounts from the 
        Fund are allocated under subsection (d); or
            (2) for performance awards for Federal employees who are 
        employed in implementing this Act.
    (f) Submission to Congress.--The Secretary of the Interior shall 
submit to the Committees on Appropriations and Energy and Natural 
Resources of the Senate and to the Committees on Appropriations and 
Natural Resources in the House of Representatives, with the annual 
budget submission of the President, a list of projects for which the 
amounts in the Fund are allocated under this section, including a 
description of each such project.
    (g) Donations.--
            (1) In general.--The Secretary of the Interior, the 
        Director of the National Park Service, the Director of the 
        United States Fish and Wildlife Service, the Director of the 
        Bureau of Land Management, and the Assistant Secretary of 
        Indian Affairs may accept public cash or in-kind donations that 
        advance efforts--
                    (A) to reduce the deferred maintenance backlog of 
                the National Park Service, the national wildlife refuge 
                system maintenance backlog of the United States Fish 
                and Wildlife Service, the public access and recreation 
                backlog of the Bureau of Land Management, and the 
                school construction backlog of the Bureau of Indian 
                Education, respectively; and
                    (B) to encourage relevant public-private 
                partnerships.
            (2) Credits to fund.--Any cash donations accepted under 
        paragraph (1) shall be credited to, and form a part of, the 
        Fund.
            (3) Reporting.--Each donation received under paragraph (1) 
        that is used for, or directly related to, the reduction of the 
        deferred maintenance backlog of the National Park Service, the 
        national wildlife refuge system maintenance backlog of the 
        United States Fish and Wildlife Service, the public access and 
        recreation backlog of the Bureau of Land Management, and the 
        school construction backlog of the Bureau of Indian Education, 
        shall be included with the annual budget submission of the 
        President to Congress.
    (h) Investment of Amounts.--
            (1) In general.--The Secretary of the Interior may request 
        the Secretary of the Treasury to invest any portion of the Fund 
        that is not, as determined by the Secretary of the Interior, 
        required to meet the current needs of the Fund.
            (2) Requirement.--An investment requested under paragraph 
        (1) shall be made by the Secretary of the Treasury in a public 
        debt security--
                    (A) with a maturity suitable to the needs of the 
                Fund, as determined by the Secretary of the Interior; 
                and
                    (B) bearing interest at a rate determined by the 
                Secretary of the Treasury, taking into consideration 
                current market yields on outstanding marketable 
                obligations of the United States of comparable 
                maturity.
            (3) Credits to fund.--The income on investments of the Fund 
        under this subsection shall be credited to, and form a part of, 
        the Fund.

SEC. 4. OFFSET.

    It is the sense of Congress that the costs of carrying out this Act 
should be offset.
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