May 1, 2025
Mr. Daines (for himself, Mr. King, Mr. Cramer, Mr. Warner, Mr. Sheehy, Mrs. Shaheen, Ms. Murkowski, Mr. Hickenlooper, Mr. McCormick, Mr. Gallego, Ms. Collins, Mr. Coons, Mr. Justice, Ms. Cortez Masto, Mr. Banks, Mr. Markey, Mrs. Hyde-Smith, Ms. Smith, Mr. Tillis, Mr. Blumenthal, Mr. Budd, Ms. Hirono, Mr. Young, Mr. Wyden, Mr. Boozman, Mr. Kaine, Mr. Hoeven, Ms. Rosen, Mr. McConnell, Mr. Van Hollen, Mr. Cotton, Mr. Luján, Mr. Graham, Mr. Kim, Mr. Husted, Ms. Baldwin, Mr. Moreno, Ms. Alsobrooks, Mr. Wicker, Mr. Kelly, Mr. Marshall, Mr. Schumer, Mr. Mullin, Ms. Klobuchar, Mr. Schmitt, Mr. Warnock, Mr. Scott of South Carolina, Ms. Blunt Rochester, Mr. Sullivan, Mr. Bennet, Mr. Hawley, Mr. Padilla, Mr. Cornyn, Mr. Fetterman, Mr. Risch, Mr. Schiff, Mr. Crapo, Mr. Welch, Mr. Hagerty, Mrs. Gillibrand, Mr. Armstrong, Mr. Lankford, Mr. Murphy, Mrs. Britt, and Mr. Schatz) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
June 17, 2026
Reported by Mr. Lee, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
To amend title 54, United States Code, to reauthorize the National Parks and Public Land Legacy Restoration 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 America the Beautiful Act
.
Sec. 2. Reuauthorization of the National Parks and Public Land Legacy Restoration Fund
(a) Deposits
Section 200402(b) of title 54, United States Code, is amended—
(1)
in paragraph (1), by striking 2025
and inserting 2033
; and
(2)
in paragraph (2), by striking $1,900,000,000
and inserting $2,000,000,000
.
(b) Use of funds
Section 200402(e) of title 54, United States Code, is amended—
(1)
in paragraph (1), in the matter preceding subparagraph (A), by striking in the National Wildlife Refuge System
and inserting on land administered by the United States Fish and Wildlife Service
; and
(2)
by adding at the end the following:
(3) Project prioritization
The Secretary and the Secretary of Agriculture shall prioritize the use of amounts allocated from the Fund for projects that receive donations under subsection (j) of not less than 15 percent of the total costs of the applicable project.
(c) Submission of annual list of projects to Congress
Section 200402(h) of title 54, United States Code, is amended by inserting and the subsequent fiscal year
before the period at the end.
(d) Alternate allocation
Section 200402(i) of title 54, United States Code, is amended—
(1)
in paragraph (1), by inserting for the applicable fiscal year and subsequent fiscal year
after under this section
; and
(2)
in paragraph (2), by adding at the end the following:
(C) No full-year appropriations enacted
If Congress has not enacted full-year appropriations for the Department of the Interior, Environment, and Related Agencies for the applicable fiscal year by the end of the previous fiscal year, amounts made available under subsection (c) shall be allocated by the President, if that allocation had previously been approved under paragraph (1) as an allocation for the subsequent fiscal year.
(e) Public donations
Section 200402(j) of title 54, United States Code, is amended—
(1)
in the subsection heading, by striking Public
;
(2)
in paragraph (1), in the matter preceding subparagraph (A), by striking public
;
(3)
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(4)
by inserting after paragraph (1) the following:
(2) Solicitation of Donations
The Secretary and the Secretary of Agriculture shall provide to the public information on the ability of the Secretary and the Secretary of Agriculture to accept donations under paragraph (1), including through—
(A)
public awareness campaigns;
(B)
physical or digital donation locations at project sites; and
(C)
during the checkout process for the purchase of a physical or digital pass to access a Federal recreational site or an interagency pass, such as the America the Beautiful—the National Parks and Federal Recreational Lands Pass.;
(5)
by striking paragraph (3) (as so redesignated) and inserting the following:
(3) Credits to fund
Any cash donations accepted under paragraph (1)—
(A)
shall be—
(i)
credited to, and form a part of, the Fund; and
(ii)
allocated to the covered agency for which the donation was made; and
(B)
may be allocated to specific projects included on a list submitted under subsection (h).; and
(6)
in paragraph (4) (as so redesignated), by striking paragraph (2)(B)
and inserting paragraph (3)(A)(ii)
.
(f) Disposal of assets; report to congress
Section 200402 of title 54, United States Code, is amended by adding at the end the following:
(l) Disposal of assets
The Secretary and the Secretary of Agriculture shall provide for the disposal of constructed assets included on a deferred maintenance list submitted under subsection (h) that no longer serve the public interest or advance the mission of the applicable unit to which the asset belongs.
(m) Report to Congress
Not later than 1 year after the date of enactment of this subsection, the Secretary and the Secretary of Agriculture shall submit to the appropriate committees of Congress a report that—
(1)
describes actions taken by the covered agencies without using amounts from the Fund to reduce deferred maintenance in the System, on land administered by the United States Fish and Wildlife Service, on public land administered by the Bureau of Land Management, for the Bureau of Indian Education schools, and in the National Forest System; and
(2)
includes a plan from the covered agencies to increase preventative annual and cyclic maintenance activities by covered agencies to a level that properly maintains the assets of the covered agencies and prevents the addition of assets to a deferred maintenance list under subsection (h).
Section 1. Short title
This Act may be cited as the America the Beautiful Act
.
Sec. 2. National Parks and Public Land Legacy Restoration Fund
(a) Definition of deferred maintenance
Section 200401 of title 54, United States Code, is amended—
(1)
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
(2)
by inserting after paragraph (2) the following:
(3) Deferred maintenance
(A) In general
The term deferred maintenance means maintenance or a repair of an asset that—
(i)
was not performed when the maintenance or repair should have been, or was scheduled to be, performed; and
(ii)
is put off or delayed for a future period.
(B) Inclusion
The term deferred maintenance includes the reconstruction of an asset that was demolished or removed during the 10-year period ending on the date of enactment of the America the Beautiful Act and during the term of the authorization of the deposits into the Fund, if—
(i)
the asset was demolished or removed because its deterioration posed a risk—
(I)
to human health or safety; or
(II)
to natural or cultural resources;
(ii)
the asset was not intended to be temporary at the time of its construction;
(iii)
the reconstructed asset is comparable in function and capacity to the original asset; and
(iv)
the total cost of the reconstruction is less than $5,000,000.
(b) Deposits
Section 200402(b)(1) of title 54, United States Code, is amended—
(1)
by striking 2021 through 2025
and inserting 2027 through 2031
; and
(2)
by striking Federal land and water
and inserting Federal onshore land
.
(c) Maximum amount
Section 200402(b)(2) of title 54, United States Code, is amended—
(1)
by inserting total
before amount
; and
(2)
by inserting , section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802), and section 4(e)(2)(B) of the America the Beautiful Act
after paragraph (1)
.
(d) Order of deposits
Section 200402(b) of title 54, United States Code, is amended—
(1)
by redesignating paragraph (3) as paragraph (4); and
(2)
by inserting after paragraph (2) the following:
(3) Order of deposits
Amounts required to be deposited in the Fund shall be deposited in the following order of priority:
(A)
Amounts required to be deposited in the Fund under paragraph (3)(I) of section 803(e) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(e)).
(B)
Amounts required to be deposited in the Fund under section 4(e)(2)(B) of the America the Beautiful Act.
(C)
Amounts required to be deposited in the Fund under paragraph (1).
(e) Use of funds
Section 200402(e) of title 54, United States Code, is amended—
(1)
in paragraph (1), in the matter preceding subparagraph (A), by striking in the National Wildlife Refuge System
and inserting on land administered by the United States Fish and Wildlife Service
; and
(2)
by striking paragraph (2) and inserting the following:
(2) Limitations
(A) Nontransportation projects
Over the term of the Fund—
(i)
within the Service, not less than 65 percent of amounts from the Fund shall be allocated for deferred maintenance nontransportation projects;
(ii)
within the United States Fish and Wildlife Service, not less than 65 percent of amounts from the Fund shall be allocated for deferred maintenance nontransportation projects;
(iii)
within the Forest Service, not less than 32 percent of amounts from the Fund shall be allocated for deferred maintenance nontransportation projects; and
(iv)
within the Bureau of Land Management, not less than 15 percent of amounts from the Fund shall be allocated for deferred maintenance nontransportation projects.
(B) Transportation projects
The amounts remaining in the Fund after the allocations required under subparagraph (A) may be allocated for deferred maintenance transportation projects of the covered agencies, including paved and unpaved roads, bridges, tunnels, and paved parking areas.
(C) Plan
A 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) Prohibitions on use
Section 200402 of title 54, United States Code, is amended by striking subsection (f) and inserting the following:
(f) Prohibitions on use
No amounts in the Fund shall be used—
(1)
for the acquisition of land or any interest in land;
(2)
to supplant discretionary funding made available for annually recurring facility operations, maintenance, or construction needs;
(3)
for a bonus for an employee of the Federal Government; or
(4)
to decommission a road on National Forest System land or public land administered by the Bureau of Land Management.
(g) Project selection
Section 200402 of title 54, United States Code, is amended by striking subsection (h) and inserting the following:
(h) Submission of annual list of projects to congress
(1) Definitions
In this subsection and subsection (i):
(A) Applicable fiscal year
The term
applicable fiscal year, with respect to a session of Congress, means the fiscal year of the United States Government that starts on October 1 of the calendar year in which that session begins.(B) Subsequent fiscal year
The term
subsequent fiscal yearmeans a fiscal year 1 year after the applicable fiscal year.(2) Annual list
(A) In general
Until the date on which all amounts in the Fund are allocated, 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 for the applicable fiscal year and the subsequent fiscal year that includes a detailed description of each such project, including the estimated expenditures from the Fund for the project.
(B) Project data sheets
(i) In general
The list of projects transmitted with the annual budget of the United States under subparagraph (A) shall be accompanied by a project data sheet for each such project in the same format and containing the same level of detailed information as on previous project data sheets submitted to Congress.
(ii) Inclusions
Each project data sheet under clause (i) shall include—
(I)
a list of each asset addressed;
(II)
a description of the scope of benefits; and
(III)
a description of the consequences of failure to act.
(3) No List, No Allocation
(A) In general
Notwithstanding subsection (i)(2)(A) and subject to subparagraph (B), if the list of projects under paragraph (2)(A) and the accompanying project data sheets under paragraph (2)(B) for an applicable fiscal year have not been submitted to Congress by April 30 of the preceding fiscal year, no allocation under subsection (c) for that applicable fiscal year may be made until the date on which the Act making full-year appropriations for the Department of the Interior, Environment, and Related Agencies for the subsequent fiscal year is enacted into law.
(B) Applicability
Subparagraph (A) shall only apply to the enactment of full-year appropriations for fiscal year 2028 or any fiscal year thereafter.
(4) Submission of list of projects and project data sheets to congress for fiscal year 2027 and fiscal year 2028
(A) Deadlines
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—
(i)
by not later than November 15, 2026, a list of projects under paragraph (2)(A) to be funded for fiscal year 2027 and fiscal year 2028 under that paragraph; and
(ii)
by not later than November 30, 2026, the accompanying project data sheets under paragraph (2)(B).
(B) Failure to submit
Notwithstanding subsection (i)(2)(A), if the list of projects for fiscal year 2027 under subparagraph (2)(A) and accompanying project data sheets under paragraph (2)(B) have not been submitted to Congress pursuant to subparagraph (A), no allocation under subsection (c) for fiscal year 2027 may be made until the date on which the Act making full-year appropriations for the Department of the Interior, Environment, and Related Agencies for fiscal year 2028 is enacted into law.
(5) Recommendations
The Secretary and the Secretary of Agriculture shall annually solicit from the Governors of all States, the governors of all territories of the United States, and Indian Tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) recommendations for projects to be funded from the Fund under paragraph (2).
(6) Priority
In selecting projects for the list (other than projects for the Bureau of Indian Education) to be funded from the Fund under paragraph (2), the Secretary and the Secretary of Agriculture shall ensure that, for each covered agency—
(A)
funds are prioritized for projects that—
(i)
address deferred maintenance of assets the failure of which would result in—
(I)
an imminent threat to public health or safety; or
(II)
the closure or material impairment of public access or core operational functions;
(ii)
are necessary to prevent the further deterioration of an asset that would result in a substantially higher future repair or replacement cost;
(iii)
maximize the reduction of the deferred maintenance backlog relative to the amount of funds expended;
(iv)
address mission-critical assets, including water, wastewater, site maintenance, employee housing, and public use facilities;
(v)
can be completed in a timely manner and in accordance with applicable cost and schedule estimates; or
(vi)
positively impact a visitor-facing asset; and
(B)
a reasonable balance is achieved between projects at higher- and lower-visitation units or areas administered by the covered agency.
(h) Alternate allocation
Section 200402 of title 54, United States Code, is amended by striking subsection (i) and inserting the following:
(i) Alternate Allocation
(1) In general
Appropriations Acts may provide for alternate allocation of amounts made available under this section for the applicable fiscal year and the subsequent fiscal year, 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.
(C) No full-year appropriations enacted by end of previous fiscal year
(i) In general
Subject to clause (ii), if an allocation has been made by Congress for a subsequent fiscal year under paragraph (1) and Congress has not enacted full-year appropriations for the Department of the Interior, Environment, and Related Agencies by October 1 of the year in which that subsequent fiscal year becomes the applicable fiscal year, amounts made available under subsection (c) may be implemented by the President on October 1 of such applicable fiscal year, in accordance with the congressional allocation.
(ii) Applicability
Clause (i) shall only apply to the enactment of full-year appropriations for fiscal year 2028 or any fiscal year thereafter.
(i) Public donations
Section 200402(j) of title 54, United States Code, is amended—
(1)
in the subsection heading, by striking Public
;
(2)
in paragraph (1), in the matter preceding subparagraph (A), by striking public
;
(3)
by redesignating paragraph (3) as paragraph (4);
(4)
by striking paragraph (2) and inserting the following:
(2) Solicitation of donations
The Secretary and the Secretary of Agriculture shall provide to the public information on the ability of the Secretary and the Secretary of Agriculture to accept donations under paragraph (1), including through—
(A)
public awareness campaigns;
(B)
physical or digital donation locations at project sites; and
(C)
during the checkout process for the purchase of a physical or digital pass to access a Federal recreational site or an interagency pass.
(3) Credits to fund
(A) In general
100 percent of any cash donations accepted under paragraph (1) shall be credited to, and form a part of, the Fund.
(B) Allocation
Amounts credited to the Fund under subparagraph (A) shall be allocated to the covered agency for which the donation was made.
(C) Exclusion from maximum amount
Amounts credited to the Fund under subparagraph (A) shall not be considered for purposes of the limitation on amounts deposited under subsection (b)(2).; and
(5)
in paragraph (4) (as so redesignated), by striking paragraph (2)(B)
and inserting paragraph (3)(B)
.
(j) Additional provisions
Section 200402 of title 54, United States Code, is amended by adding at the end the following:
(l) Streamlining
(1) Categorical exclusions
(A) In general
In carrying out a project using funds authorized by this section, the Secretary shall, in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)—
(i)
adopt any applicable categorical exclusion (as defined in section 111 of that Act (42 U.S.C. 4336e)) established by another Federal agency under section 109 of that Act (42 U.S.C. 4336c);
(ii)
use all other available procedures to expedite environmental review of the project, including—
(I)
determinations of NEPA adequacy; and
(II)
reliance on previously completed environmental reviews; and
(iii)
establish additional categorical exclusions (as so defined) as determined necessary to expedite the completion of deferred maintenance projects using funds authorized by this section.
(B) Administration
In adopting, developing, and administering a categorical exclusion described in clause (i) or (iii) of subparagraph (A), the Secretary and the Secretary of Agriculture shall apply the extraordinary circumstances procedures under section 46.215 of title 43, Code of Federal Regulations (or a successor regulation).
(2) Program comment and exempted categories
Not later than 180 days after the date of enactment of this subsection, the Advisory Council on Historic Preservation, in consultation with the Secretary and the Secretary of Agriculture, shall develop and issue a consolidated program comment (as described in subsection (e) of section 800.14 of title 36, Code of Federal Regulations (as in effect on that date of enactment)) and develop an approved applicable exempted categories of undertakings (as described in subsection (c) of that section (as so in effect)) for projects using funds authorized by this section to eliminate or reduce deferred maintenance on land under the jurisdiction of the Secretary or the Secretary of Agriculture.
(m) Timeline
Not later than 180 days after the date on which the final design of a project funded under this section has been approved for which 1 or more responsive bids from a responsible bidder have been received, the Secretary or the Secretary of Agriculture, as applicable, shall award a construction contract for the project unless the Secretary or Secretary of Agriculture determines, in writing, that there is a compelling reason to reject all bids received.
(n) State, local, Tribal, nonprofit organization, and concessioner noncompetitive contracts
(1) In general
Notwithstanding chapter 33 of title 41, or any other provision of law relating to the use of competitive procedures for the procurement of services, supplies, or construction materials and services, on making a determination described in paragraph (2), the Secretary or the Secretary of Agriculture may enter into 1 or more contracts, on a noncompetitive basis, for any priority deferred maintenance project with—
(A)
a State, local government, or Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)), including any Native village, Village Corporation, or Regional Corporation, as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602);
(B)
a congressionally chartered nonprofit organization;
(C)
a nonprofit organization affiliated with a specific unit or area of a covered agency for a project within that unit or area; or
(D)
a lessee or concessioner currently holding a valid lease or concession contract with the specific unit of a covered agency where the priority deferred maintenance project is located.
(2) Determination
A determination referred to in paragraph (1) is a determination by the Secretary or the Secretary of Agriculture, as applicable, in writing, that the applicable entity described in that paragraph is uniquely positioned to execute 1 or more procurement contracts described in that paragraph.
(3) Notice to Congress
Not later than 1 year after the date on which the initial contract is entered into by the Secretary or the Secretary of Agriculture pursuant to paragraph (1), and annually thereafter, the Secretary and the Secretary of Agriculture shall notify the appropriate committees of Congress regarding all contracts entered into pursuant to that paragraph during the preceding year.
(4) Matching contributions for certain nonprofit organizations
(A) In general
A contract under paragraph (1) with an entity described in subparagraph (B) of that paragraph shall require the entity to provide, from non-Federal sources, funds equal to not less than the amount provided from the Fund for the project.
(B) Obligation limitation
(i) In general
Except as provided in clause (ii), the Secretary or the Secretary of Agriculture may not obligate, pursuant to a contract described in subparagraph (A), amounts from the Fund equal to more than the amount of non-Federal funds contributed or irrevocably committed to the applicable project by an entity described in that subparagraph.
(ii) Exceptions
Subject to clause (iii), if an entity described in subparagraph (A) fails to provide the matching contribution described in clause (i), the Secretary or the Secretary of Agriculture, as applicable, may reduce the scope, extend the time to provide funding for, or waive or reduce the matching funds requirement applicable to, the relevant project, as the Secretary or the Secretary of Agriculture, as applicable, determines to be necessary—
(I)
to complete a commenced project; or
(II)
to protect—
(aa)
public health or safety;
(bb)
System resources; or
(cc)
essential services.
(iii) Notice to Congress
Not later than 30 days after the date on which the Secretary or the Secretary of Agriculture waives or reduces a matching funds requirement pursuant to clause (ii), the applicable Secretary shall submit to the appropriate committees of Congress a notice of that waiver or reduction.
(5) Relationship to existing concession contracts
A procurement action conducted or contract awarded under this subsection shall be considered to be separate from, and shall not modify, amend, or extend the duration of, or provide any leasehold surrender interest or other benefit under, a concession contract issued under section 101913 (or a related authority).
(6) Effect of subsection
Nothing in this subsection—
(A)
authorizes the award of any concession contract or lease without full compliance with applicable concession contracting law; or
(B)
prevents the Secretary or the Secretary of Agriculture from using competitive procedures, if the applicable Secretary determines those procedures to be in the best interest of the United States.
(o) Micro-purchase threshold
(1) In general
Subject to adjustment under paragraph (2), the micro-purchase threshold for goods, services, and construction for any project funded under this section shall be the following:
(A)
$35,000 for the standard micro-purchase threshold.
(B)
$25,000 for the acquisition of construction subject to subchapter IV of chapter 31 of title 40.
(C)
$30,000 for the acquisition of services subject to chapter 67 of title 41.
(2) Adjustment
Each of the amounts described in subparagraphs (A) through (C) of paragraph (1) shall be adjusted by the Secretary beginning on January 1, 2027, and annually thereafter, to reflect the percentage changes in the Consumer Price Index For All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor over the previous year.
(p) Disposal of constructed assets
The Secretary and the Secretary of Agriculture shall provide for the disposal of constructed assets included on a deferred maintenance list submitted under subsection (h) that no longer—
(1)
serve the public interest; or
(2)
advance the mission of the applicable unit to which the asset belongs.
(q) Report to Congress
Not later than 1 year after the date of enactment of this subsection, the Secretary and the Secretary of Agriculture shall submit to the appropriate committees of Congress a report that—
(1)
describes actions taken by the covered agencies without using amounts from the Fund to reduce deferred maintenance in the System, on land administered by the United States Fish and Wildlife Service, on public land administered by the Bureau of Land Management, for Bureau of Indian Education schools, and in the National Forest System; and
(2)
includes a plan from the covered agencies to increase preventative annual and cyclic maintenance activities by covered agencies to a level that properly maintains the assets of the covered agencies and prevents the addition of assets to a deferred maintenance list under subsection (h).
(r) Administrative expenses
Not more than 3 percent of the amounts deposited in the Fund under subsection (b) for a fiscal year, and none of the amounts credited to the Fund under subsection (d)(3) for a fiscal year, may be used for administrative expenses to carry out this section.
(s) Transparency and accountability
Not later than 2 years after the date of enactment of this subsection, the Secretary and the Secretary of Agriculture shall establish clear, quantifiable, and standardized metrics across each covered agency for—
(1)
calculating and determining deferred maintenance, ensuring that the metrics—
(A)
adhere to established standards for transportation assets and nontransportation assets; and
(B)
rely on standardized condition assessment methodologies;
(2)
delineating between cyclic maintenance and deferred maintenance; and
(3)
providing for the timely addition or removal of an asset from the deferred maintenance list.
Sec. 3. Surcharge for nonresident visitors to units of National Park System
Section 803(e) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(e)) is amended by adding at the end the following:
(3) Entrance fee surcharge for nonresident visitors
(A) Definition of nonresident visitor
In this paragraph, the term nonresident visitor means an individual who is not—
(i)
a citizen or national of the United States; or
(ii)
an individual lawfully admitted for permanent residence in the United States.
(B) Establishment
For any unit of the National Park System for which an entrance fee is charged, the Secretary shall establish a surcharge for any nonresident visitors.
(C) Determination of surcharge amount; public participation
In establishing the amount of a surcharge under subparagraph (B), the Secretary shall—
(i)
ensure that the amount maximizes revenue for the applicable unit of the National Park System while retaining nonresident visitation at the applicable unit of the National Park System; and
(ii)
provide opportunities for public participation for gateway communities and local stakeholders in accordance with subsections (a) through (c) of section 804.
(D) Per-vehicle fee
In a case in which an entrance fee to a unit of the National Park System subject to a surcharge under subparagraph (B) is a per-vehicle charge, the Secretary shall establish a process for the superintendent of the applicable unit of the National Park System to proportionately levy and collect the surcharge from nonresident visitors under that subparagraph.
(E) Methods of collection
A surcharge established under subparagraph (B) shall be collected—
(i)
by the Secretary, using the standard methods by which entrance fees may be collected for a unit of the National Park System under this section; and
(ii)
if the Secretary enters into an agreement with a third-party travel vendor to provide for the collection of the surcharge, by the applicable third-party travel vendor, in accordance with the agreement.
(F) Suspension or modification; increase
(i) Suspension or modification
The Secretary may suspend the collection of, or otherwise modify, the surcharge for the applicable unit of the National Park System, including providing for tiered pricing of the surcharge based on visitation levels at the unit of the National Park System, as determined appropriate by the Secretary.
(ii) Increase
The Secretary may establish a minimum percentage increase that shall apply to a surcharge within an applicable timeframe established by the Secretary.
(iii) Public participation
In determining any modifications to the surcharge under clauses (i) and (ii), the Secretary shall provide opportunities for public participation for gateway communities and local stakeholders in accordance with subsections (a) through (c) of section 804.
(G) Visa fees; administration
A surcharge established under subparagraph (B)—
(i)
shall be in addition to, and separate from, any statutory immigrant visa fee charged to a nonresident visitor; and
(ii)
shall not be subject to administration by the Secretary of State or the Secretary of Homeland Security.
(H) Exemption for international peace parks
In the case of a unit of the National Park System that has been designated as an international peace park by an Act of Congress and is subject to a memorandum of understanding with the government of a foreign country relating to management or stewardship of the unit of the National Park System, no surcharge may be applied to the entrance fee of a national of that foreign country for entry to that unit of the National Park System from an entry point within the United States.
(I) Disposition of proceeds
(i) In general
Subject to clause (ii), any proceeds from a surcharge on nonresident visitors collected under this paragraph for each fiscal year shall be deposited in the National Parks and Public Land Legacy Restoration Fund established by section 200402(a) of title 54, United States Code.
(ii) Limitation
If the Secretary determines that the maximum amount described in section 200402(b)(2) of that title has been deposited in the National Parks and Public Land Legacy Restoration Fund for the applicable fiscal year, any proceeds from a surcharge on nonresident visitors collected under this paragraph for the remainder of the fiscal year shall be retained by the unit of the National Park System at which the surcharge was collected.
(J) Administrative costs
Amounts collected as recreation fees under other provisions of this title may be used to pay the administrative costs of carrying out this paragraph.
(K) Effect
(i) In general
A surcharge established under subparagraph (B) shall be in addition to the applicable entrance fee charged at the unit of the National Park System.
(ii) Requirement
Any nonresident visitor charged a surcharge under subparagraph (B) shall also be charged the applicable entrance fee charged at the unit of the National Park System.
(L) Expiration
Any surcharge established under subparagraph (B) shall expire on September 30, 2031.
Sec. 4. Licensing intellectual property
(a) Definitions
In this section:
(1) Department
The term Department means the Department of the Interior, including any bureau, office, and agency of the Department of the Interior.
(2) Intellectual property
The term intellectual property means—
(A)
any trademark, service mark, certification mark, or collective mark (as those terms are defined in section 45 of the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes
, approved July 5, 1946 (commonly known as the Trademark Act of 1946
) (15 U.S.C. 1127));
(B)
any work of authorship in which copyright subsists, as described in section 102 of title 17, United States Code;
(C)
any trade secret (as defined in section 1839 of title 18, United States Code); and
(D)
any other similar intellectual property rights owned or controlled by the Secretary.
(3) Qualifying entity
The term qualifying entity means any Federal agency, State, local government, or Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)), public or private agency, organization, institution, corporation, individual, or other entity that is determined by the Secretary to be qualified in accordance with criteria developed by the Secretary.
(4) Secretary
The term Secretary means the Secretary of the Interior.
(b) Authority
The Secretary may—
(1)
enter into an agreement to license to any qualifying entity any intellectual property owned or controlled by the Secretary; and
(2)
retain and expend fees received from licensing under paragraph (1) in accordance with this section.
(c) Designated marks
The Secretary shall designate any trademarks, service marks, certification marks, or collective marks with respect to which the Secretary shall exercise the authority under this section.
(d) Licenses for qualifying entities
(1) Fees
The fee for a license subject to an agreement entered into under this section, as determined by the Secretary, shall be not less than the amount needed to recover all costs incurred by the Secretary in processing and issuing the license.
(2) Limitation
A license subject to an agreement with a qualifying entity entered into under this section shall provide that the license may not be transferred, sold, or relicensed by the qualifying entity, unless otherwise authorized by the Secretary.
(e) Use of fees
(1) Availability
Notwithstanding any other provision of law, the Secretary shall use fees retained through an agreement under this section without further appropriation for a fiscal year.
(2) Use; deposit
The proceeds collected under this section for each fiscal year shall be used in the following order of priority:
(A)
For the payment of the following costs incurred by the Secretary:
(i)
The costs associated with the development, protection, enforcement, licensing, marketing, and management of intellectual property registrations under this section.
(ii)
The costs of operating activities and programs under this section.
(B)
For deposit in the National Parks and Public Land Legacy Restoration Fund established by section 200402(a) of title 54, United States Code, subject to paragraph (3).
(3) Limitation
If the Secretary determines that the maximum amount described in section 200402(b)(2) of title 54, United States Code, has been deposited in the National Parks and Public Land Legacy Restoration Fund for the applicable fiscal year, the amounts that would otherwise be deposited in the National Parks and Public Land Legacy Restoration Fund under subparagraph (B) of paragraph (2) shall be used for the purposes described in subparagraph (A) of that paragraph for the remainder of that fiscal year.
(f) Effect on other agreements
(1) In general
Nothing in this section restricts the Secretary from incorporating licenses of intellectual property into agreements (including contracts, concessions, or cooperative arrangements) not covered by this section, as appropriate and consistent with applicable laws.
(2) Licenses and fee structures
The requirements of this section shall not apply to licenses or fee structures included in an agreement referred to in paragraph (1).