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Cogesoa Resarc Servic


Updated February 19, 2019


Legislative Proposals for a National Park Service

Deferred Maintenance Fund


Congress has debated ways to address the National Park
Service's (NPS's) substantial backlog of deferred
maintenance-maintenance   that was not performed as
scheduled or as needed. NPS's maintenance backlog has
grown over the past two decades and is estimated for
FY2017  at $11.6 billion. The backlog's impacts on park
resources and on visitor enjoyment and safety have been
ongoing issues of concern for some Members of Congress
and other stakeholders, as they seek to preserve the parks as
crownjewels  of the nation's public lands system and to
ensure their continued contribution to the outdoor
recreation economy. Legislative interest has focused
primarily on federal funding sources to address the backlog,
although some stakeholders have suggested that the backlog
could be meaningfully reduced without major federal
funding increases-for example, by reprioritizing current
uses of NPS discretionary appropriations, improving the
agency's capital investment strategies, or increasing the role
of nonfederal partners in park funding and management.

Legislative Proposals for an NPS Fund
Multiple bills in the 115th Congress would have established
a special fund to address NPS deferred maintenance. Two
bills that were reported from committee with bipartisan
support-H.R.  6510 and S. 3172-have  been reintroduced
in the 116th Congress as H.R. 1225 and S. 500. Several
other 115th Congress bills-H.R. 5210, H.R. 2584, and S.
1460 (Section 5101)-received hearings but did not
advance further. Additional bills were introduced that did
not see committee action.

All of the proposals would draw on revenues from energy
development on offshore and/or onshore federal lands as
the primary source of funding to address the backlog.
Depending on the funding source specified in a given bill,
these revenues could be derived from both conventional and
renewable natural resources, including oil, gas, coal, wind,
solar, and others. Federal energy revenues are collected
under various laws, at several stages of the development
process. For example, companies may pay bonus bids to
secure leases for energy development, rents on energy
leases prior to production, and royalties during production.

Federal energy revenues currently are disbursed to multiple
recipients under various laws. Some of the revenues are
shared with states and tribes; other portions go to federal
funds, including the Land and Water Conservation Fund
(LWCF;  54 U.S.C. §§200301 et seq.), the Reclamation
Fund (43 U.S.C. §§391 et seq.), and the Historic
Preservation Fund (54 U.S.C. §§300101 et seq.). After


these and other distributions, the remainder of federal
energy revenues are deposited in the General Fund of the
Treasury as miscellaneous receipts. Many of the NPS
funding proposals would draw the monies for NPS deferred
maintenance from the energy revenues that are credited to
the Treasury as miscellaneous receipts after other
distributions are made.

The 116th Congress bills (H.R. 1225 and S. 500) would
provide NPS with 50% of federal energy revenues that
remain after other distributions are made, with a cap of $1.3
billion annually, for five years. The Senate bill would
provide the deferred maintenance funding to NPS only,
whereas the House bill also includes some amounts for
other agencies: the U.S. Fish and Wildlife Service, the
Bureau of Land Management,  and the Bureau of Indian
Education.

Budget and Appropriations Issues
The 116th Congress bills would make the deferred
maintenance funding available to the NPS and/or other
agencies without the need for further appropriations (i.e., as
direct, or mandatory, spending). Budget enforcement
requirements present procedural hurdles for these
proposals. In scoring the 115th Congress versions of the
proposals (H.R. 6510 and S. 3172 in the 115th Congress),
the Congressional Budget Office estimated that they would
increase net direct spending by more than $6 billion over 10
years. Therefore, given existing budget rules, these bills
would have been subject to certain budget points of order if
not offset (for example, by cuts in direct spending or
increases in revenue). Neither of the 115th Congress bills as
reported from committee, nor the 116th Congress bills as
introduced, contained spending offsets.

In contrast, S. 1460 (Section 5101) in the 115th Congress
would have created an NPS fund in which amounts would
be available to NPS only to the extent appropriated in
annual discretionary appropriations laws. Although this
approach would have avoided budget enforcement
requirements associated with mandatory spending, any
monies appropriated from the NPS fund in annual
appropriations laws would have counted against limits to
discretionary spending, such as the statutory limits
established under the Budget Control Act (P.L. 112-25).

A number  of stakeholders have contended that NPS
maintenance projects, which often require multiyear
investments, are hampered by the agency's heavy reliance
on discretionary appropriations, which are uncertain from


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