untitled

PUBLIC LAW 116–152—AUG. 4, 2020

GREAT AMERICAN OUTDOORS ACT

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134 STAT. 682 PUBLIC LAW 116–152—AUG. 4, 2020

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.

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 ‘‘Great American Outdoors Act’’.

SEC. 2. NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION

FUND.

(a) I

ENERAL

.—Subtitle II of title 54, United States Code,

is amended by inserting after chapter 2003 the following:

‘‘CHAPTER 2004—NATIONAL PARKS AND PUBLIC LAND

LEGACY RESTORATION FUND

‘‘Sec.

‘‘200401. Definitions.

‘‘200402. National Parks and Public Land Legacy Restoration Fund.

‘‘§ 200401. Definitions

‘‘In this chapter:

‘‘(1) A

SSET

.—The term ‘asset’ means any real property,

including any physical structure or grouping of structures, land-

scape, 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) C

OVERED 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) F

UND

.—The term ‘Fund’ means the National Parks

and Public Land Legacy Restoration Fund established by sec-

tion 200402(a).

‘‘(4) P

ROJECT

.—The term ‘project’ means any activity to

reduce or eliminate deferred maintenance of an asset, which

54 USC 200401.

54 USC 200401

prec.

54 USC 100101

note.

Great American

Outdoors Act.

Aug. 4, 2020

[H.R. 1957]

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134 STAT. 683 PUBLIC LAW 116–152—AUG. 4, 2020

may include resolving directly related infrastructure defi-

ciencies of the asset that would not by itself be classified

as deferred maintenance.

‘‘§ 200402. National Parks and Public Land Legacy Restora-

tion Fund

‘‘(a) E

STABLISHMENT

.—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) D

EPOSITS

.—

‘‘(1) I

N 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) M

AXIMUM AMOUNT

.—The amount deposited in the Fund

under paragraph (1) shall not exceed $1,900,000,000 for any

fiscal year.

‘‘(3) E

FFECT 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 estab-

lished under chapter 3031.

‘‘(c) A

VAILABILITY OF

UNDS

.—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) I

NVESTMENT OF

MOUNTS

.—

‘‘(1) I

N 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) R

EQUIREMENT

.—An investment requested under para-

graph (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 Sec-

retary of the Treasury, taking into consideration current

market yields on outstanding marketable obligations of

the United States of comparable maturity.

Consultation.

Determination.

54 USC 200402.

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134 STAT. 684 PUBLIC LAW 116–152—AUG. 4, 2020

‘‘(3) C

REDITS TO FUND

.—The income on investments of the

Fund under this subsection shall be credited to, and form

a part of, the Fund.

‘‘(e) U

SE OF

UNDS

.—

‘‘(1) I

N 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 Manage-

ment, 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) L

IMITATIONS

.—

‘‘(A) N

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) T

RANSPORTATION 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) P

LAN

.—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) P

ROHIBITED

SE OF

UNDS

.—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) S

UBMISSION OF

RIORITY

IST OF

ROJECTS TO

ONGRESS

.—

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 Appropria-

tions 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.

Deadline.

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134 STAT. 685 PUBLIC LAW 116–152—AUG. 4, 2020

‘‘(h) S

UBMISSION OF

NNUAL

IST OF

ROJECTS TO

ONGRESS

.—

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) A

LTERNATE

LLOCATION

.—

‘‘(1) I

N GENERAL

.—Appropriations Acts may provide for

alternate allocation of amounts made available under this sec-

tion, consistent with the allocations to covered agencies under

subsection (e)(1).

‘‘(2) A

LLOCATION BY PRESIDENT

.—

‘‘(A) N

O 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) I

NSUFFICIENT ALTERNATE ALLOCATION

.—If Con-

gress enacts legislation establishing alternate allocations

for amounts made available under subsection (c) that are

less than the full amount appropriated under that sub-

section, the difference between the amount appropriated

and the alternate allocation shall be allocated by the Presi-

dent.

‘‘(j) P

UBLIC

ONATIONS

.—

‘‘(1) I

N GENERAL

.—The Secretary and the Secretary of Agri-

culture 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) C

REDITS 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) O

THER 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) R

EQUIRED

ONSIDERATION FOR

CCESSIBILITY

.—In

expending amounts from the Fund, the Secretary and the Secretary

of Agriculture shall incorporate measures to improve the accessi-

bility of assets and accommodate visitors and employees with

disabilities in accordance with applicable law.’’.

(b) C

LERICAL

MENDMENT

.—The table of chapters for subtitle

II of title 54, United States Code, is amended by inserting after

the item relating to chapter 2003 the following:

‘‘2004. National Parks and Public Land Legacy Restoration Fund .................200401’’.

TUDY

.—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

Deadline.

54 USC 100101

prec.

President.

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134 STAT. 686 PUBLIC LAW 116–152—AUG. 4, 2020

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) 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 CON-

SERVATION FUND.

(a) I

ENERAL

.—Section 200303 of title 54, United States

Code, is amended to read as follows:

‘‘§ 200303. Availability of funds

‘‘(a) I

ENERAL

.—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) A

DDITIONAL

MOUNTS

.—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) A

LLOCATION

UTHORITY

.—

‘‘(1) S

UBMISSION 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) 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) A

LTERNATE ALLOCATION

.—

‘‘(A) I

N GENERAL

.—Appropriations Acts may provide

for alternate allocation of amounts made available under

subsection (a), including allocations by account, program,

and project.

‘‘(B) A

LLOCATION BY PRESIDENT

.—

‘‘(i) N

O ALTERNATE ALLOCATIONS

.—If Congress has

not enacted legislation establishing alternate alloca-

tions 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 Presi-

dent.

‘‘(ii) I

NSUFFICIENT ALTERNATE ALLOCATION

.—If

Congress enacts legislation establishing alternate

allocations for amounts made available under sub-

section (a) that are less than the full amount appro-

priated under that subsection, the difference between

the amount appropriated and the alternate allocation

shall be allocated by the President.

Deadline.

President.

Reports.

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134 STAT. 687 PUBLIC LAW 116–152—AUG. 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.

‘‘(3) R

ECREATIONAL 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 pur-

poses under section 200306(c).

‘‘(4) A

NNUAL REPORT

.—The President shall submit to Con-

gress 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 obliga-

tions and expenditures.’’.

(b) C

ONFORMING

MENDMENTS

.—

(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).

LERICAL

MENDMENT

.—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. Availability of funds.’’.

Approved August 4, 2020.

54 USC 200301

prec.

President.

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