GAOA 116publ152

PUBLIC LAW 116–152—AUG. 4, 2020

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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
Aug. 4, 2020
[H.R. 1957]

Great American
Outdoors Act.
54 USC 100101
note.

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) IN GENERAL.—Subtitle II of title 54, United States Code,
is amended by inserting after chapter 2003 the following:
54 USC 200401
prec.

‘‘CHAPTER 2004—NATIONAL PARKS AND PUBLIC LAND
LEGACY RESTORATION FUND
‘‘Sec.
‘‘200401. Definitions.
‘‘200402. National Parks and Public Land Legacy Restoration Fund.

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54 USC 200401.

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‘‘§ 200401. Definitions
‘‘In this chapter:
‘‘(1) ASSET.—The term ‘asset’ means any real property,
including any physical structure or grouping of structures, landscape, 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) COVERED 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) FUND.—The term ‘Fund’ means the National Parks
and Public Land Legacy Restoration Fund established by section 200402(a).
‘‘(4) PROJECT.—The term ‘project’ means any activity to
reduce or eliminate deferred maintenance of an asset, which

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PUBLIC LAW 116–152—AUG. 4, 2020

134 STAT. 683

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may include resolving directly related infrastructure deficiencies of the asset that would not by itself be classified
as deferred maintenance.
‘‘§ 200402. National Parks and Public Land Legacy Restoration Fund
‘‘(a) ESTABLISHMENT.—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) DEPOSITS.—
‘‘(1) IN 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) MAXIMUM AMOUNT.—The amount deposited in the Fund
under paragraph (1) shall not exceed $1,900,000,000 for any
fiscal year.
‘‘(3) EFFECT 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 established under chapter 3031.
‘‘(c) AVAILABILITY OF FUNDS.—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) INVESTMENT OF AMOUNTS.—
‘‘(1) IN 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) REQUIREMENT.—An investment requested under paragraph (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 Secretary of the Treasury, taking into consideration current
market yields on outstanding marketable obligations of
the United States of comparable maturity.

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54 USC 200402.

Determination.
Consultation.

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134 STAT. 684

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Deadline.

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PUBLIC LAW 116–152—AUG. 4, 2020

‘‘(3) CREDITS TO FUND.—The income on investments of the
Fund under this subsection shall be credited to, and form
a part of, the Fund.
‘‘(e) USE OF FUNDS.—
‘‘(1) IN 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 Management, 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) LIMITATIONS.—
‘‘(A) NON-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)
TRANSPORTATION
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) PLAN.—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) PROHIBITED USE OF FUNDS.—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) SUBMISSION OF PRIORITY LIST OF PROJECTS TO CONGRESS.—
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 Appropriations 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.

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PUBLIC LAW 116–152—AUG. 4, 2020

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‘‘(h) SUBMISSION OF ANNUAL LIST OF PROJECTS TO CONGRESS.—
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) ALTERNATE ALLOCATION.—
‘‘(1) IN GENERAL.—Appropriations Acts may provide for
alternate allocation of amounts made available under this section, 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.
‘‘(j) PUBLIC DONATIONS.—
‘‘(1) IN GENERAL.—The Secretary and the Secretary of Agriculture 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) CREDITS 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) OTHER 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) REQUIRED CONSIDERATION FOR ACCESSIBILITY.—In
expending amounts from the Fund, the Secretary and the Secretary
of Agriculture shall incorporate measures to improve the accessibility of assets and accommodate visitors and employees with
disabilities in accordance with applicable law.’’.
(b) CLERICAL AMENDMENT.—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:

President.

54 USC 100101
prec.

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

(c) GAO STUDY.—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

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Deadline.

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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).

Reports.

SEC. 3. PERMANENT FULL FUNDING OF THE LAND AND WATER CONSERVATION FUND.

(a) IN GENERAL.—Section 200303 of title 54, United States
Code, is amended to read as follows:

President.

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Deadline.

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‘‘§ 200303. Availability of funds
‘‘(a) IN GENERAL.—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) ADDITIONAL AMOUNTS.—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) ALLOCATION AUTHORITY.—
‘‘(1) SUBMISSION 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) ALTERNATE ALLOCATION.—
‘‘(A) IN GENERAL.—Appropriations Acts may provide
for alternate allocation of amounts made available under
subsection (a), including allocations by account, program,
and project.
‘‘(B) ALLOCATION BY PRESIDENT.—
‘‘(i) 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 (a) shall be allocated by the President.
‘‘(ii) INSUFFICIENT ALTERNATE ALLOCATION.—If
Congress enacts legislation establishing alternate
allocations for amounts made available under subsection (a) 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.

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‘‘(3) RECREATIONAL 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 purposes under section 200306(c).
‘‘(4) ANNUAL REPORT.—The President shall submit to Congress 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 obligations and expenditures.’’.
(b) CONFORMING AMENDMENTS.—
(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).
(c) CLERICAL AMENDMENT.—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:

President.

54 USC 200301
prec.

‘‘200303. Availability of funds.’’.

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Approved August 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.

Æ

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