Should Revenue From Energy Developed on Other Public Lands Be Used to Address the $12B Maintenance Backlog at the National Park Service & Other Public Land Agencies? (H.R. 1957)

What is H.R. 1957?

(Updated February 3, 2022)

(UPDATE - 6/6/20): This bill has been amended from its original form to serve as the legislative vehicle for a bipartisan bill that would use funds generated from energy development on federal lands & waters to address the nearly $12 billion backlog of deferred maintenance projects at National Parks and on other public lands. In its original form, the bill was known as the Taxpayers First Act, which was subsequently enacted as a separate standalone bill. The current bill, known as the Great American Outdoors Act, would establish a National Parks & Public Land Legacy Restoration Fund to support deferred maintenance projects on federal lands, and make funding for the Land & Water Conservation Fund permanent. A breakdown of the bill’s current provisions can be found below.

For fiscal years 2021-2025, the National Parks and Public Land Legacy Restoration Fund would receive an amount equal to 50% of all federal revenues from the development of oil, gas, coal, or alternative & renewable energy on federal lands & waters. Deposited amounts wouldn’t be allowed to exceed $1.9 billion for any fiscal year. Deposited funds would be used for priority deferred maintenance projects in the public lands systems specified below, and funds would be distributed in the corresponding proportions listed below:

• National Park Service - 70% of funds;

• Forest Service - 15% of funds;

• U.S. Fish & Wildlife Service - 5% of funds;

• Bureau of Land Management - 5% of funds; and

• Bureau of Indian Education - 5% of funds.

Funds in the National Parks & Public Land Legacy Restoration Fund couldn’t be used for land acquisition; to supplant discretionary funding made available for annually recurring facility operations, maintenance, and construction needs; or for bonuses for employees of the federal government carrying out this section. 

The Secretary of the Interior & Secretary of Agriculture (who oversees the Forest Service) would submit a list of priority projects to Congress within 90 days of the bill’s enactment, and each year thereafter which lists each project, describes it, and estimates spending on it for a given fiscal year. The Government Accountability Office (GAO) would be required to produce a report on the effectiveness of the fund in reducing the backlog of priority deferred maintenance projects for the specified agencies.

This bill would also allow public cash or in-kind donations to the Fund, which may be used to reduce the NPS maintenance backlog or to encourage relevant public-private partnerships.

Additionally, this bill would make funding for the Land & Water Conservation Fund (LWCF) permanent. The president would be required to provide Congress with an annual report with details regarding the allocation of funds to the LWCF. Congress would be able to provide for alternate allocations using specified procedures.

Argument in favor

Between them, the National Park Service, Forest Service, U.S. Fish & Wildlife Service, Bureau of Land Management, & Bureau of Indian Education manage many of America’s most important public lands. This bipartisan bill would use revenue from energy development on other lands to fund a $12 billion backlog of much-needed restoration and maintenance projects on the lands these agencies manage, which will benefit many Americans for years to come.

Argument opposed

Using tax revenue from energy developed on other federal lands to fund maintenance at national parks and federally-held public lands frequented by the public would make it harder for the U.S. to stop using fossil fuels. Instead, Congress should spend more money on public land maintenance and relevant agencies should raise their fees for consumers.

Impact

Visitors to public parks; National Park Service; energy development revenues; Dept. of the Interior; and the Treasury Dept.

Cost of H.R. 1957

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sen. Cory Gardner (R-CO) introduced this bipartisan bill to address the nearly $12 billion maintenance backlog within the National Park Service and other public land management agencies and permanently reauthorize the Land & Water Conservation Fund:

“The [Land & Water Conservation Fund] supports projects in Colorado and all across our country at no cost to the taxpayer, and fighting every year to figure out how much money the program will receive doesn’t provide the long-term planning certainty that our outdoor and conservation community deserves. Last year we were successful in permanently reauthorizing the LWCF, the crown jewel of conservation programs, and I have been fighting ever since to make funding permanent. Senator Daines and I secured the President’s support and a path for full and permanent LWCF funding to become law and address the deferred maintenance backlog that the park system is currently facing. Congress has a historic opportunity to ensure the public lands we all own will receive the funding they deserve by passing the Great American Outdoors Act.”

This bill’s lead Democratic cosponsor, Senator Joe Manchin (D-WV), added:

“I started working to secure permanent funding the day after we passed permanent authorization of the Land and Water Conservation Fund last year. I am excited to see there is such broad bipartisan support to secure full, permanent funding for LWCF and address the maintenance backlog across all of our national parks and treasured public lands. Every state and territory and nearly every county in our country has benefited from LWCF funding. Today I am proud to be the lead Democrat introducing the Great American Outdoors Act. This is an historic achievement for conservation and a testament to the strong, bipartisan work that is still possible when we put politics aside to do what is best for our country.”

Sen. Steve Daines (R-MT), another original cosponsor of the bill, added:

“As Montana’s voice in the U.S. Senate, I’ve made it one of my top priorities to protect and expand access to our public lands and our Montana outdoor way of life. This historic bipartisan effort will fully and permanently fund the Land and Water Conservation Fund and address the maintenance backlog in our national parks and forests.”

This bill has the support of 59 bipartisan cosponsors, including 42 Democrats, 15 Republicans, and two Independents in the Senate. Additionally, this bill has been endorsed by more than 800 conservation groups and the U.S. Chamber of Commerce.

Of Note: The NPS manages over 400 national park units, including iconic landscapes, historic and cultural sites, trails, military battlegrounds, monuments, and memorials. In its 2017 Annual Summary Report, the NPS reported 331 million recreational visits to its parks, $18.2 billion spending in local gateway communities (towns and cities that are buoyed by close proximity to the national parks), $35.8 billion in national economic output attributable to parks and 306,000 jobs supported by visitor spending at NPS sites.

Due to aging facilities, strain on resources caused by increased visitation at many park units, and inconsistent annual funding, NPS has been unable to keep pace with needed park repairs. Based on 2018 data, the agency estimates that it’d cost $11.92 billion to address its maintenance backlog.

The idea of using oil money for parks has been around for decades in the form of the Land and Water Conservation Fund, which was created in 1964. Since at least early 2017, then-Interior Secretary Ryan Zinke and lawmakers in both parties have advocated for a new fund for the NPS maintenance backlog, paid for with energy money.

Media:

• Sponsoring Sen. Cory Gardner (R-CO) Press Release
  
• National Park Service (Maintenance Backlog Context)
  

Summary by Eric Revell

(Photo Credit: iStock.com / stockstudioX)