S. 2817 – Reading Mode

110th CONGRESS

2d Session

S. 2817

IN THE SENATE OF THE UNITED STATES

April 3, 2008

Mr. Salazar (for himself, Ms. Collins, Mr. Baucus, Mr. Coleman, and Mr. Tester) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To establish the National Park Centennial Fund, and for other purposes.

Short title

This Act may be cited as the National Park Centennial Fund Act.

Definitions

In this Act:

(1)

Fund

The term Fund means the National Park Centennial Fund established by section 3.

(2)

National Park System

The term National Park System has the meaning given the term national park system in section 2(a) of the Act of August 8, 1953 (16 U.S.C. 1c).

(3)

Project; program

The term project or program means a National Park Centennial project or program, respectively, funded under this Act.

(4)

Proposal

The term proposal means a National Park Centennial proposal submitted under section 4.

(5)

Secretary

The term Secretary means the Secretary of the Interior.

National Park Centennial Fund

(a)

Establishment

There is established in the Treasury of the United States a revolving fund, to be known as the National Park Centennial Fund, consisting of such amounts as are appropriated to the Fund under subsection (d).

(b)

Expenditures from Fund

(1)

In general

Subject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to carry out this Act.

(2)

Administrative expenses

An amount not exceeding 3 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this Act.

(c)

Transfers of amounts

(1)

In general

The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.

(2)

Adjustments

Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.

(d)

Funding

(1)

In general

Not later than 30 days after the date of enactment of this Act, on October 1, 2008, and on each October 1 thereafter through October 1, 2016, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Fund to carry out this Act $100,000,000, to remain available until expended.

(2)

Receipt and acceptance

The Secretary, acting through the Fund, shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.

Program allocation

(a)

National Park Centennial proposals

(1)

In general

Each fiscal year, the annual budget submission of the President for the Department of the Interior shall include a list of proposals which shall be known as National Park Centennial proposals.

(2)

Input

The Secretary shall establish a standard process for developing the list that shall encourage input from both the public and a broad cross-section of employees at each level of the National Park Service.

(3)

Contents

The list—

(A)

shall include proposals that have an aggregate cost to the Federal Government that is equal to the unobligated amount in the Fund;

(B)

shall include only proposals that are consistent with National Park Service policies and adopted park planning documents;

(C)

may include proposals for any area within the National Park System, clusters of areas within the system, 1 or more regions of the system, or the system as a whole;

(D)

shall cumulatively represent a nationwide array of proposals that is diverse geographically, in size, scope, magnitude, theme, and variety under the initiatives described in subsection (b);

(E)

shall give priority to proposals that demonstrate long-term viability after funding from the Fund;

(F)

shall include only proposals that meet the requirements of 1 or more of the initiatives described in subsection (b);

(G)

shall contain projects under each of the initiatives described in subsection (b);

(H)

shall give a higher priority to proposals with committed non-Federal support, but shall include proposals that are funded entirely by the Fund; and

(I)

may include acquisition of land and interest in land that are consistent with the land acquisition authority of the National Park Service and the initiatives described in subsection (b).

(b)

National Park Centennial Initiatives

(1)

Education in Parks Centennial Initiative

Projects shall include an Education in Parks Centennial Initiative under which—

(A)

priority shall be given to—

(i)

projects that are designed to increase national park-based educational opportunities for elementary, secondary, and college students, particularly students from underserved and low-income areas;

(ii)

projects that include strategies for encouraging young people to develop a lifelong interest in the national parks of the United States; and

(iii)

projects that include science, history, civics, or mathematics components; and

(B)

projects shall be developed in consultation with the leadership of educational and youth organizations that are expected to participate in the projects.

(2)

Diversity in Parks Centennial Initiative

(A)

Study

Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that provides a service-wide strategy for increasing diversity among National Park Service employees at all levels of and visitors to the National Park System.

(B)

Projects

Projects shall include a Diversity in Parks Centennial Initiative under which each project shall be—

(i)

based on recommendations made in the report required under subparagraph (A); and

(ii)

designed to help ensure that National Park Service employees or visitors to the National Park System reflect the diversity of the population of the United States.

(3)

Supporting Park Professionals Centennial Initiative

Projects shall include a Supporting Park Professionals Centennial Initiative under which—

(A)

the projects, considered in the aggregate, shall provide specific opportunities for National Park Service employees, at all levels, to participate in professional career development;

(B)

a project may include National Park Service-designed, internal professional development programs; and

(C)

a project may be designed to facilitate participation in external professional development programs or established courses of study by National Park Service employees.

(4)

Environmental Leadership Centennial Initiative

Projects shall include an Environmental Leadership Centennial Initiative under which—

(A)

each project shall be designed—

(i)

to reduce harmful emissions;

(ii)

to conserve energy or water resources;

(iii)

to reduce solid waste production within the National Park System; or

(iv)

to meet any combination of the purposes described in clauses (i) through (iii);

(B)

each project shall include strategies for educating the public regarding environmental leadership projects and the results of the projects; and

(C)

priority shall be given to projects with the potential to spread technological advances to other Federal agencies or to the private sector.

(5)

Natural Resource Protection Centennial Initiative

Projects shall include a Natural Resource Protection Centennial Initiative under which—

(A)

each project shall be designed to restore or conserve native ecosystems within the National Park System;

(B)

priority shall be given to projects that are designed to control invasive species; and

(C)

each project shall be based on the best available scientific information.

(6)

Cultural Resource Protection Centennial Initiative

Projects shall include a Cultural Resource Protection Centennial Initiative under which—

(A)

the projects shall—

(i)

increase the knowledge of the National Park Service of cultural resources located within the National Park System through means such as surveys, studies, mapping, and documentation of the resources; or

(ii)

improve the condition of documented cultural resources within the National Park System;

(B)

the projects shall incorporate the best available scientific information; or

(C)

if appropriate, the projects shall be developed in consultation with Native American tribes, State historic preservation offices, or other organizations with cultural resource preservation expertise.

(7)

Visitor Enjoyment and Health Centennial Initiative

(A)

In general

Projects shall include a Visitor Enjoyment and Health Centennial Initiative under which projects shall be described in 1 or more of the following 4 categories:

(i)

Projects designed to repair, rehabilitate, or otherwise improve infrastructure, including trails, that facilitates healthy outdoor activity within the National Park System.

(ii)

Projects designed to expand opportunities for access to the National Park System for visitors with disabilities.

(iii)

Projects to develop and implement management plans (such as climbing plans and trail system plans) for activities designed to increase the health and fitness of visitors to the National Park System.

(iv)

Projects to develop outreach programs and media that promote visitor enjoyment or provide public information regarding opportunities the National Park System provides to benefit the physical and mental health of visitors in a manner that is consistent with park resources and values.

(B)

Miscellaneous requirements

Each project for the Visitor Enjoyment and Health Centennial Initiative shall—

(i)

be consistent with National Park Service policies and adopted park planning documents; and

(ii)

be designed to provide for visitor enjoyment in such a way as to leave the National Park System unimpaired for future generations.

(c)

Funding

(1)

In general

Subject to paragraph (2), for each of fiscal years 2008 through 2017, unobligated amounts in the Fund shall be available to carry out projects authorized by this Act, without further appropriation.

(2)

Congressional review

Amounts from the Fund may not be obligated or expended to carry out a proposal or project described in an annual submission of the list of proposals required under this section before the date that is 120 days after the date of the annual submission to Congress.

(d)

Limitation on use of funds

(1)

In general

Subject to paragraph (2), not more than 30 percent of amounts available from the Fund for any fiscal year may be expended on projects that are for the construction of facilities that cost in excess of $5,000,000.

(2)

Waiver

The Secretary may waive the application of paragraph (1) to a project by submitting to Congress a notice that the project to be funded is a high priority and cannot otherwise be carried out.

Partnerships

(a)

Donations

The Secretary may—

(1)

actively encourage and facilitate participation in proposals from non-Federal and philanthropic partners; and

(2)

accept funds for any project or program pursuant to the second paragraph of the matter under the heading National parks under the heading Department of the Interior of the first section of the Act of June 5, 1920 (16 U.S.C. 6), and other provisions of law governing acceptance of donations.

(b)

Terms and conditions

(1)

In general

Except as provided in paragraph (2), to the extent that private organizations or individuals participate in or contribute to any project or program, the terms and conditions of the participation or contribution, and actions by employees of the National Park Service, shall be governed by Directors Order No. 21 of the National Park Service entitled Donations and Fundraising, as in effect on the date of the enactment of this Act.

(2)

Funding foundation

National park concessionaires may establish a foundation that assists in the funding of regional and national projects and programs proposed under this Act.

Maintenance of effort

(a)

In general

Amounts made available from the Fund shall supplement (and not supplant) other Federal funding available to the National Park Service, including—

(1)

authorized expenditures from the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.); and

(2)

the line item construction program of the National Park Service.

(b)

Staff

The Secretary, acting through the Director of the National Park Service—

(1)

shall maintain adequate, permanent staffing levels at units of the National Park System at which projects or programs are carried out; and

(2)

shall not replace permanent staff with nonpermanent employees hired to carry out this Act or projects or programs carried out with funds provided under this Act.

Reports

For each of fiscal years 2008 through 2017, the Secretary shall submit to Congress a report that includes—

(1)

a detailed accounting of all expenditures from the Fund divided by categories of proposals under section 4(b), including a detailed accounting of any private contributions, either in funds or in kind, to any project or program;

(2)

a cumulative summary of the results of the National Park Centennial program, including recommendations for revisions to the program; and

(3)

a statement of whether the National Park Service has maintained adequate, permanent staffing levels and what nonpermanent and permanent staff have been hired to carry out this Act or projects or programs carried out with funds provided under this Act.

Offsets

(a)

Excess revenues from offshore oil and gas activities

(1)

In general

Subject to paragraphs (2) and (3) and notwithstanding any other provision of law, the following amounts received by the Secretary of the Interior shall not be subject to distribution under any other law and shall be deposited into the Fund as follows:

(A)

All bonuses and rents received from leases sales for areas in the Gulf of Mexico held pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)—

(i)

for fiscal year 2008 in excess of $2,154,000,000;

(ii)

for fiscal year 2009 in excess of $919,000,000;

(iii)

for fiscal year 2010 in excess of $625,000,000;

(iv)

for fiscal year 2011 in excess of $532,000,000; and

(v)

for fiscal year 2012 in excess of $474,000,000.

(B)

All royalties received from leases for areas in the Gulf of Mexico held pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), other than leases for areas in the Gulf of Mexico that, as of October 1, 2007, were eligible for royalty relief and not subject to any limitation on that relief based on market prices that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of that Act (43 U.S.C. 1337(a)(3)(C))—

(i)

for fiscal year 2008 in excess of $7,040,270,000;

(ii)

for fiscal year 2009 in excess of $9,058,330,000;

(iii)

for fiscal year 2010 in excess of $8,386,780,000;

(iv)

for fiscal year 2011 in excess of $9,085,130,000; and

(v)

for fiscal year 2012 in excess of $8,909,990,000.

(C)

All fees received from leases covered by subparagraph (B)—

(i)

for fiscal year 2008 in excess of $705,000,000;

(ii)

for fiscal year 2009 in excess of $360,000,000;

(iii)

for fiscal year 2010 in excess of $465,000,000;

(iv)

for fiscal year 2011 in excess of $520,000,000;

(v)

for fiscal year 2012 in excess of $570,000,000;

(vi)

for fiscal year 2013 in excess of $620,000,000;

(vii)

for fiscal year 2014 in excess of $835,000,000;

(viii)

for fiscal year 2015 in excess of $790,000,000;

(ix)

for fiscal year 2016 in excess of $720,000,000; and

(x)

for fiscal year 2017 in excess of $725,000,000.

(2)

Administration

(A)

In general

The Secretary of the Treasury shall terminate making deposits into the Fund under paragraph (1) if the total amount deposited into the Fund under this section and the amendment made by this section equals $1,000,000,000.

(B)

Availability

There shall be available to the Secretary to carry out this section from the Fund, without further appropriation, $100,000,000 for each of fiscal years 2008 through 2017.

(C)

Carryover

If there is not a sufficient amount in the Fund for any fiscal year for $100,000,000 to be made available to the Secretary to carry out this section—

(i)

all amounts in the Fund shall be made available to the Secretary for that fiscal year to carry out this section; and

(ii)

the difference between the amount that is made available for the fiscal year and $100,000,000 shall be carried over and made available to the Secretary to carry out this section, if in the Fund, through fiscal year 2017.

(3)

Relationship to other uses of funds

This subsection shall not affect the amount or distribution of funds from bonuses, rents, royalties, and fees received from leases sales held pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) under any other program or provision of law in effect on the date of enactment of this Act.

(b)

National Park Centennial Fund stamps

Chapter 4 of title 39, United States Code, is amended by adding at the end the following:

417.

Special postage stamps for National Park Centennial Fund

(a)

In order to afford the public a convenient way to contribute funding to the National Park Centennial Fund established by section 3 of the National Park Centennial Fund Act (referred to in this section as the Fund), the Postal Service shall establish a special rate of postage for first-class mail under this section.

(b)

(1)

The rate of postage established under this section—

(A)

shall be equal to the regular first-class rate of postage, plus a differential of not less than 15 percent;

(B)

shall be set by the Governors in accordance with such procedures as the Governors shall by regulation prescribe (in lieu of the procedures under chapter 36); and

(C)

shall be offered as an alternative to the regular first-class rate of postage.

(2)

The use of the special rate of postage established under this section shall be voluntary on the part of postal patrons.

(3)

The special rate of postage of an individual stamp under this section shall be an amount that is evenly divisible by 5.

(c)

(1)

Subject to paragraphs (2) and (3), of the amounts becoming available for the Fund pursuant to this section, the Postal Service shall pay 100 percent to the Fund.

(2)

Payments under this paragraph to the Fund shall be made under such arrangements as the Postal Service shall by mutual agreement with the Secretary of the Interior establish in order to carry out the purposes of this section, except that, under those arrangements, payments to the Fund shall be made at least twice a year.

(3)

The amount paid to the Fund pursuant to this section shall equal—

(A)

the total amounts received by the Postal Service that the Postal Service would not have received but for the enactment of this section, reduced by

(B)

an amount sufficient to cover reasonable costs incurred by the Postal Service in carrying out this section, including those attributable to the printing, sale, and distribution of stamps under this section, as determined by the Postal Service under regulations that the Postal Service shall prescribe.

(d)

It is the sense of the Congress that nothing in this section should—

(1)

directly or indirectly cause a net decrease in total funds received by the Fund below the level that would otherwise have been received but for the enactment of this section; or

(2)

affect regular first-class rates of postage or any other regular rates of postage.

(e)

Special postage stamps under this section shall be made available to the public beginning on such date as the Postal Service shall by regulation prescribe, but in no event later than 12 months after the date of enactment of this section.

(f)

The Postmaster General shall include in each report provided under section 2402 with respect to any period during any portion of which this section is in effect information concerning the operation of this section, except that, at a minimum, each report shall include—

(1)

the total amount described in subsection (c)(3)(A) which was received by the Postal Service during the period covered by the report; and

(2)

of the amount under paragraph (1), how much (in the aggregate and by category) was required for the purposes described in subsection (c)(3)(B).

(g)

For purposes of section 416 (including any regulation prescribed under subsection (e)(1)(C) of that section), the special postage stamp issued under this section shall not apply to any limitation relating to whether more than 1 semipostal may be offered for sale at the same time.

(h)

This section shall cease to be effective after September 30, 2017.

(c)

Administration

(1)

Amount

The amounts received under this section and the amendments made by this section shall, in the aggregate, result in the receipt by the United States of a total of $100,000,000 for each of fiscal years 2008 through 2017.

(2)

Offsetting receipts

Amounts received by the United States under this section and the amendments made by this section shall be treated as offsetting receipts for the purposes of this Act.

(3)

Deposit of amounts in general fund

Amounts received by the United States as fees under the amendment made by subsection (b) shall be deposited in the general fund of the Treasury.

(d)

Effective date

This section and the amendments made by this section take effect on October 1, 2008.

(e)

Termination of effectiveness

The authority provided by this section and the amendments made by this section terminates effective September 30, 2017.