Great American Outdoors Act
PL 116-152 (H.R.1957), enacted 08/04/2020

[116th Congress Public Law 152]
[From the U.S. Government Publishing Office]



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                       GREAT AMERICAN OUTDOORS ACT

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Public Law 116-152
116th Congress

                                 An Act


 
 To amend title 54, United States Code, to establish, fund, and provide 
   for the use of amounts in a National Parks and Public Land Legacy 
Restoration Fund to address the maintenance backlog of the National Park 
Service, the United States Fish and Wildlife Service, the Bureau of Land 
Management, the Forest Service, and the Bureau of Indian Education, and 
     to provide permanent, dedicated funding for the Land and Water 
Conservation Fund, and for other purposes. <<NOTE: Aug. 4, 2020 -  [H.R. 
                                1957]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Great American 
Outdoors Act.>> 
SECTION 1. <<NOTE: 54 USC 100101 note.>>  SHORT TITLE.

    This Act may be cited as the ``Great American Outdoors Act''.
SEC. 2. NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND.

    (a) In General.--Subtitle II of title 54, United States Code, is 
amended by inserting after chapter 2003 the following:

``CHAPTER 2004-- <<NOTE: 54 USC 200401 prec.>> NATIONAL PARKS AND PUBLIC 
LAND LEGACY RESTORATION FUND

``Sec.
``200401. Definitions.
``200402. National Parks and Public Land Legacy Restoration Fund.

``Sec. 200401. <<NOTE: 54 USC 200401.>> Definitions

    ``In this chapter:
            ``(1) Asset.--The term `asset' means any real property, 
        including any physical structure or grouping of structures, 
        landscape, trail, or other tangible property, that--
                    ``(A) has a specific service or function; and
                    ``(B) is tracked and managed as a distinct, 
                identifiable entity by the applicable covered agency.
            ``(2) Covered agency.--The term `covered agency' means--
                    ``(A) the Service;
                    ``(B) the United States Fish and Wildlife Service;
                    ``(C) the Forest Service;
                    ``(D) the Bureau of Land Management; and
                    ``(E) the Bureau of Indian Education.
            ``(3) Fund.--The term `Fund' means the National Parks and 
        Public Land Legacy Restoration Fund established by section 
        200402(a).
            ``(4) Project.--The term `project' means any activity to 
        reduce or eliminate deferred maintenance of an asset, which

[[Page 134 STAT. 683]]

        may include resolving directly related infrastructure 
        deficiencies of the asset that would not by itself be classified 
        as deferred maintenance.
``Sec. 200402. <<NOTE: 54 USC 200402.>>  National Parks and Public 
                      Land Legacy Restoration Fund

    ``(a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the `National Parks and Public Land 
Legacy Restoration Fund'.
    ``(b) Deposits.--
            ``(1) In general.--Except as provided in paragraph (2), for 
        each of fiscal years 2021 through 2025, there shall be deposited 
        in the Fund an amount equal to 50 percent of all energy 
        development revenues due and payable to the United States from 
        oil, gas, coal, or alternative or renewable energy development 
        on Federal land and water credited, covered, or deposited as 
        miscellaneous receipts under Federal law in the preceding fiscal 
        year.
            ``(2) Maximum amount.--The amount deposited in the Fund 
        under paragraph (1) shall not exceed $1,900,000,000 for any 
        fiscal year.
            ``(3) Effect on other revenues.--Nothing in this section 
        affects the disposition of revenues that--
                    ``(A) are due to the United States, special funds, 
                trust funds, or States from mineral and energy 
                development on Federal land and water; or
                    ``(B) have been otherwise appropriated--
                          ``(i) under Federal law, including--
                                    ``(I) the Gulf of Mexico Energy 
                                Security Act of 2006 (43 U.S.C. 1331 
                                note; Public Law 109-432); and
                                    ``(II) the Mineral Leasing Act (30 
                                U.S.C. 181 et seq.); or
                          ``(ii) from--
                                    ``(I) the Land and Water 
                                Conservation Fund established under 
                                chapter 2003; or
                                    ``(II) the Historic Preservation 
                                Fund established under chapter 3031.

    ``(c) Availability of Funds.--Amounts deposited in the Fund shall be 
available to the Secretary and the Secretary of Agriculture, as provided 
in subsection (e), without further appropriation or fiscal year 
limitation.
    ``(d) <<NOTE: Determination.>>  Investment of Amounts.--
            ``(1) <<NOTE: Consultation.>>  In general.--The Secretary 
        may request the Secretary of the Treasury to invest any portion 
        of the Fund that is not, as determined by the Secretary, in 
        consultation with the Secretary of Agriculture, 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; 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.

[[Page 134 STAT. 684]]

            ``(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.

    ``(e) Use of Funds.--
            ``(1) In general.--Amounts deposited in the Fund for each 
        fiscal year shall be used for priority deferred maintenance 
        projects in the System, in the National Wildlife Refuge System, 
        on public land administered by the Bureau of Land Management, 
        for the Bureau of Indian Education schools, and in the National 
        Forest System, as follows:
                    ``(A) 70 percent of the amounts deposited in the 
                Fund for each fiscal year shall be allocated to the 
                Service.
                    ``(B) 15 percent of the amounts deposited in the 
                Fund for each fiscal year shall be allocated to the 
                Forest Service.
                    ``(C) 5 percent of the amounts deposited in the Fund 
                for each fiscal year shall be allocated to the United 
                States Fish and Wildlife Service.
                    ``(D) 5 percent of the amounts deposited in the Fund 
                for each fiscal year shall be allocated to the Bureau of 
                Land Management.
                    ``(E) 5 percent of the amounts deposited in the Fund 
                for each fiscal year shall be allocated to the Bureau of 
                Indian Education.
            ``(2) Limitations.--
                    ``(A) Non-transportation projects.--Over the term of 
                the Fund, within each covered agency, not less than 65 
                percent of amounts from the Fund shall be allocated for 
                non-transportation projects.
                    ``(B) Transportation projects.--The amounts 
                remaining in the Fund after the allocations required 
                under subparagraph (A) may be allocated for 
                transportation projects of the covered agencies, 
                including paved and unpaved roads, bridges, tunnels, and 
                paved parking areas.
                    ``(C) Plan.--Any priority deferred maintenance 
                project funded under this section shall be consistent 
                with an applicable transportation, deferred maintenance, 
                or capital improvement plan developed by the applicable 
                covered agency.

    ``(f) Prohibited Use of Funds.--No amounts in the Fund shall be 
used--
            ``(1) for land acquisition;
            ``(2) to supplant discretionary funding made available for 
        annually recurring facility operations, maintenance, and 
        construction needs; or
            ``(3) for bonuses for employees of the Federal Government 
        that are carrying out this section.

    ``(g) <<NOTE: Deadline.>>  Submission of Priority List of Projects 
to Congress.--Not later than 90 days after the date of enactment of this 
section, the Secretary and the Secretary of Agriculture shall submit to 
the Committees on Energy and Natural Resources and Appropriations of the 
Senate and the Committees on Natural Resources and Appropriations of the 
House of Representatives a list of projects to be funded for fiscal year 
2021 that--
            ``(1) are identified by the Secretary and the Secretary of 
        Agriculture as priority deferred maintenance projects; and
            ``(2) as of the date of the submission of the list, are 
        ready to be implemented.

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    ``(h) <<NOTE: President.>>  Submission of Annual List of Projects to 
Congress.--Until the date on which all of the amounts in the Fund are 
expended, the President shall annually submit to Congress, together with 
the annual budget of the United States, a list of projects to be funded 
from the Fund that includes a detailed description of each project, 
including the estimated expenditures from the Fund for the project for 
the applicable fiscal year.

    ``(i) Alternate Allocation.--
            ``(1) In general.--Appropriations Acts may provide for 
        alternate allocation of amounts made available under this 
        section, consistent with the allocations to covered agencies 
        under subsection (e)(1).
            ``(2) Allocation by president.--
                    ``(A) No alternate allocations.--If Congress has not 
                enacted legislation establishing alternate allocations 
                by the date on which the Act making full-year 
                appropriations for the Department of the Interior, 
                Environment, and Related Agencies for the applicable 
                fiscal year is enacted into law, amounts made available 
                under subsection (c) shall be allocated by the 
                President.
                    ``(B) Insufficient alternate allocation.--If 
                Congress enacts legislation establishing alternate 
                allocations for amounts made available under subsection 
                (c) that are less than the full amount appropriated 
                under that subsection, the difference between the amount 
                appropriated and the alternate allocation shall be 
                allocated by the President.

    ``(j) Public Donations.--
            ``(1) In general.--The Secretary and the Secretary of 
        Agriculture may accept public cash or in-kind donations that 
        advance efforts--
                    ``(A) to reduce the deferred maintenance backlog; 
                and
                    ``(B) to encourage relevant public-private 
                partnerships.
            ``(2) Credits to fund.--Any cash donations accepted under 
        paragraph (1) shall be--
                    ``(A) credited to, and form a part of, the Fund; and
                    ``(B) allocated to the covered agency for which the 
                donation was made.
            ``(3) Other allocations.--Any donations allocated to a 
        covered agency under paragraph (2)(B) shall be allocated to the 
        applicable covered agency independently of the allocations under 
        subsection (e)(1).

    ``(k) Required Consideration for Accessibility.--In expending 
amounts from the Fund, the Secretary and the Secretary of Agriculture 
shall incorporate measures to improve the accessibility of assets and 
accommodate visitors and employees with disabilities in accordance with 
applicable law.''.
    (b) Clerical Amendment.--The table of chapters for subtitle II of 
title 54, United States Code, <<NOTE: 54 USC 100101 prec.>> is amended 
by inserting after the item relating to chapter 2003 the following:

``2004.  National Parks and Public Land Legacy Restoration Fund200401''.

    (c) <<NOTE: Deadline.>> GAO Study.--Not later than 5 years after the 
date of enactment of this Act, the Comptroller General of the United 
States shall--
            (1) conduct a study on the implementation of this section 
        and the amendments made by this section, including whether

[[Page 134 STAT. 686]]

        this section and the amendments made by this section have 
        effectively reduced the priority deferred maintenance backlog of 
        the covered agencies (as that term is defined in section 200401 
        of title 54, United States Code); and
            (2) <<NOTE: Reports.>>  submit to Congress a report that 
        describes the results of the study under paragraph (1).
SEC. 3. PERMANENT FULL FUNDING OF THE LAND AND WATER CONSERVATION 
                    FUND.

    (a) In General.--Section 200303 of title 54, United States Code, is 
amended to read as follows:
``Sec. 200303. Availability of funds

    ``(a) In General.--Any amounts deposited in the Fund under section 
200302 for fiscal year 2020 and each fiscal year thereafter shall be 
made available for expenditure for fiscal year 2021 and each fiscal year 
thereafter, without further appropriation or fiscal year limitation, to 
carry out the purposes of the Fund (including accounts and programs made 
available from the Fund pursuant to the Further Consolidated 
Appropriations Act, 2020 (Public Law 116-94; 133 Stat. 2534)).
    ``(b) Additional Amounts.--Amounts made available under subsection 
(a) shall be in addition to amounts made available to the Fund under 
section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 
1331 note; Public Law 109-432) or otherwise appropriated from the Fund.
    ``(c) Allocation Authority.--
            ``(1) <<NOTE: President.>>  Submission of cost estimates.--
        The President shall submit to Congress detailed account, 
        program, and project allocations of the full amount made 
        available under subsection (a)--
                    ``(A) <<NOTE: Deadline.>>  for fiscal year 2021, not 
                later than 90 days after the date of enactment of the 
                Great American Outdoors Act; and
                    ``(B) for each fiscal year thereafter, as part of 
                the annual budget submission of the President.
            ``(2) Alternate allocation.--
                    ``(A) In general.--Appropriations Acts may provide 
                for alternate allocation of amounts made available under 
                subsection (a), including allocations by account, 
                program, and project.
                    ``(B) Allocation by president.--
                          ``(i) No alternate allocations.--If Congress 
                      has not enacted legislation establishing alternate 
                      allocations by the date on which the Act making 
                      full-year appropriations for the Department of the 
                      Interior, Environment, and Related Agencies for 
                      the applicable fiscal year is enacted into law, 
                      amounts made available under subsection (a) shall 
                      be allocated by the President.
                          ``(ii) Insufficient alternate allocation.--If 
                      Congress enacts legislation establishing alternate 
                      allocations for amounts made available under 
                      subsection (a) that are less than the full amount 
                      appropriated under that subsection, the difference 
                      between the amount appropriated and the alternate 
                      allocation shall be allocated by the President.

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            ``(3) Recreational public access.--Amounts expended from the 
        Fund under this section shall be consistent with the 
        requirements for recreational public access for hunting, 
        fishing, recreational shooting, or other outdoor recreational 
        purposes under section 200306(c).
            ``(4) <<NOTE: President.>>  Annual report.--The President 
        shall submit to Congress an annual report that describes the 
        final allocation by account, program, and project of amounts 
        made available under subsection (a), including a description of 
        the status of obligations and expenditures.''.

    (b) Conforming Amendments.--
            (1) Section 200302(c) of title 54, United States Code, is 
        amended by striking paragraph (3).
            (2) Section 200306(a)(2)(B) of title 54, United States Code, 
        is amended by striking clause (iii).

    (c) Clerical Amendment.--The table of sections for chapter 2003 of 
title 54, United States Code <<NOTE: 54 USC 200301 prec.>> , is amended 
by striking the item relating to section 200303 and inserting the 
following:

``200303. Availability of funds.''.

    Approved August 4, 2020.

LEGISLATIVE HISTORY--H.R. 1957:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 116-39, Pt. 1 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 165 (2019):
            Apr. 9, considered and passed House.
            June 10-12, 15-17, considered and passed Senate, amended.
            July 21, 22, House considered and concurred in Senate
             amendments.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):
            Aug. 4, Presidential remarks.

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