Updated February 19, 2019
Legislative Proposals for a National Park Service
Deferred Maintenance Fund
Congress has debated ways to address the National Park
these and other distributions, the remainder of federal
Service’s (NPS’s) substantial backlog of deferred
energy revenues are deposited in the General Fund of the
maintenance—maintenance that was not performed as
Treasury as miscellaneous receipts. Many of the NPS
scheduled or as needed. NPS’s maintenance backlog has
funding proposals would draw the monies for NPS deferred
grown over the past two decades and is estimated for
maintenance from the energy revenues that are credited to
FY2017 at $11.6 billion. The backlog’s impacts on park
the Treasury as miscellaneous receipts after other
resources and on visitor enjoyment and safety have been
distributions are made.
ongoing issues of concern for some Members of Congress
and other stakeholders, as they seek to preserve the parks as
The 116th Congress bills (H.R. 1225 and S. 500) would
“crown jewels” of the nation’s public lands system and to
provide NPS with 50% of federal energy revenues that
ensure their continued contribution to the outdoor
remain after other distributions are made, with a cap of $1.3
recreation economy. Legislative interest has focused
billion annually, for five years. The Senate bill would
primarily on federal funding sources to address the backlog,
provide the deferred maintenance funding to NPS only,
although some stakeholders have suggested that the backlog
whereas the House bill also includes some amounts for
could be meaningfully reduced without major federal
other agencies: the U.S. Fish and Wildlife Service, the
funding increases—for example, by reprioritizing current
Bureau of Land Management, and the Bureau of Indian
uses of NPS discretionary appropriations, improving the
Education.
agency’s capital investment strategies, or increasing the role
of nonfederal partners in park funding and management.
Budget and Appropriations Issues
The 116th Congress bills would make the deferred
Legislative Proposals for an NPS Fund
maintenance funding available to the NPS and/or other
Multiple bills in the 115th Congress would have established
agencies without the need for further appropriations (i.e., as
a special fund to address NPS deferred maintenance. Two
direct, or mandatory, spending). Budget enforcement
bills that were reported from committee with bipartisan
requirements present procedural hurdles for these
support—H.R. 6510 and S. 3172—have been reintroduced
proposals. In scoring the 115th Congress versions of the
in the 116th Congress as H.R. 1225 and S. 500. Several
proposals (H.R. 6510 and S. 3172 in the 115th Congress),
other 115th Congress bills—H.R. 5210, H.R. 2584, and S.
the Congressional Budget Office estimated that they would
1460 (Section 5101)—received hearings but did not
increase net direct spending by more than $6 billion over 10
advance further. Additional bills were introduced that did
years. Therefore, given existing budget rules, these bills
not see committee action.
would have been subject to certain budget points of order if
not offset (for example, by cuts in direct spending or
All of the proposals would draw on revenues from energy
increases in revenue). Neither of the 115th Congress bills as
development on offshore and/or onshore federal lands as
reported from committee, nor the 116th Congress bills as
the primary source of funding to address the backlog.
introduced, contained spending offsets.
Depending on the funding source specified in a given bill,
these revenues could be derived from both conventional and
In contrast, S. 1460 (Section 5101) in the 115th Congress
renewable natural resources, including oil, gas, coal, wind,
would have created an NPS fund in which amounts would
solar, and others. Federal energy revenues are collected
be available to NPS only to the extent appropriated in
under various laws, at several stages of the development
annual discretionary appropriations laws. Although this
process. For example, companies may pay bonus bids to
approach would have avoided budget enforcement
secure leases for energy development, rents on energy
requirements associated with mandatory spending, any
leases prior to production, and royalties during production.
monies appropriated from the NPS fund in annual
appropriations laws would have counted against limits to
Federal energy revenues currently are disbursed to multiple
discretionary spending, such as the statutory limits
recipients under various laws. Some of the revenues are
established under the Budget Control Act (P.L. 112-25).
shared with states and tribes; other portions go to federal
funds, including the Land and Water Conservation Fund
A number of stakeholders have contended that NPS
(LWCF; 54 U.S.C. §§200301 et seq.), the Reclamation
maintenance projects, which often require multiyear
Fund (43 U.S.C. §§391 et seq.), and the Historic
investments, are hampered by the agency’s heavy reliance
Preservation Fund (54 U.S.C. §§300101 et seq.). After
on discretionary appropriations, which are uncertain from
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Legislative Proposals for a National Park Service Deferred Maintenance Fund
year to year. These stakeholders seek greater funding
Is a Deferred Maintenance Fund Needed?
certainty through mandatory appropriations for NPS
NPS currently uses a number of different funding sources to
deferred maintenance. Others contend that discretionary
address deferred maintenance, including discretionary
funding provides an important level of congressional
appropriations, allocations from the Department of
oversight over each year’s funding that would not be
Transportation, park entrance fees, and donations. The
present if funds were provided outside that annual process.
agency does not aggregate the total amount it receives and
uses each year for deferred maintenance, but agency
Tradeoffs in Uses of Energy Revenues
officials, as well as some Members and other stakeholders,
All of the bills described above share the basic concept of
have stated repeatedly that available funding has been
addressing deferred maintenance through federal energy
inadequate to meet maintenance needs. In recent years,
development revenues, as noted. Supporters of such
Congress has increased NPS’s discretionary appropriations
proposals have expressed the broad principle that federal
to address deferred maintenance. NPS has stated that these
land conservation and maintenance are appropriate uses of
funding increases, while helping the agency with some of
monies derived from federal land development. In this
its most urgent needs, have been insufficient to address the
respect, supporters have likened the proposed NPS funding
total problem.
to other congressionally mandated uses of federal energy
revenues related to conservation purposes, such as the
Although many observers agree that further action is
LWCF and the Historic Preservation Fund. In particular,
needed, not all support addressing deferred maintenance
they contend that NPS maintenance is a worthy use for
through overall NPS funding increases. For instance, some
these revenues given the park system’s highly valued
recommend reorienting existing funding to prioritize
natural and cultural resources and its contributions to the
deferred maintenance over other purposes. In particular,
outdoor recreation economy. Supporters have further
some Members have suggested that Congress appropriate
emphasized that these types of proposals would not reduce
more funds for unmet NPS maintenance needs and less
energy revenues shared with the states or funds for other
from the LWCF for NPS land acquisition and/or that
federal programs that draw on energy revenues. They have
Congress amend the LWCF Act to expressly authorize or
pointed out that, based on past years’ revenues, amounts
require use of LWCF funds for deferred maintenance. For
remaining after currently mandated distributions would
more information on the LWCF Act, see CRS Report
allow for a meaningful impact on NPS’s backlog.
RL33531, Land and Water Conservation Fund: Overview,
Funding History, and Issues.
Opponents of proposals to use federal energy revenues for
an NPS deferred maintenance fund have cited varying
Some observers also have suggested that NPS deferred
reasons. Some support using these revenues for other
maintenance could be at least partly reduced through
federal programs and purposes benefiting the nation. Other
improved asset management strategies. NPS has taken steps
stakeholders have questioned the concept of funding NPS
over the past two decades to improve its asset management
maintenance with energy revenues on the basis of
systems and strategies. The Government Accountability
environmental concerns, particularly related to the potential
Office, in its report GAO-17-136, has recommended further
contributions of fossil fuel development to climate change.
improvements. In the 115th Congress, H.R. 1577 would
They have contended that this approach may incentivize
have required an evaluation of NPS’s Capital Investment
activities whose climate impacts would have negative
Strategy, including a determination of whether the strategy
consequences for parks over time. Conflicts have centered
is achieving its intended outcomes and any
especially on proposals (such as H.R. 5210 and S. 2509 in
recommendations for changes.
the 115th Congress) that would condition NPS funding on
the extent to which energy revenues exceed certain
Other recommendations that might not require additional
thresholds.
federal funding include those to incentivize private
donations to NPS, address obstacles to NPS asset disposal,
Still others have contended that energy revenues currently
or increase the role of nonfederal partners in park
going to the Treasury, a majority of which come from
maintenance and management, among others. Some
offshore energy development, should be shared in higher
Members of Congress have expressed a preference for
proportions with coastal states, given costs incurred by
actions along these lines, whereas other Members, along
these states to support extraction industries and to address
with both the Obama and Trump Administrations, have
environmental challenges such as wetland loss. They point
questioned whether changes that do not include a
out that coastal states receive a lower share of offshore
significant funding increase would be sufficient to address a
revenues than is provided to states hosting onshore federal
backlog that stands at multiple billions of dollars.
energy production. Some Members of Congress, along with
the Obama and Trump Administrations, have countered
Further Reading
with the view that revenues generated in federal waters
For additional information on NPS deferred maintenance,
belong equally to all Americans and that their distribution
see CRS Report R44924, The National Park Service’s
should reflect national needs regardless of geographic
Maintenance Backlog: Frequently Asked Questions, and
location.
CRS Report R43997, Deferred Maintenance of Federal
Land Management Agencies: FY2007-FY2016 Estimates
and Issues.
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Legislative Proposals for a National Park Service Deferred Maintenance Fund

IF10987
Laura B. Comay, Specialist in Natural Resources Policy


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