---
kind: "section"
citation: "54 U.S.C. § 200402"
title: "54"
title_heading: "National Park Service and Related Programs"
number: "200402"
heading: "National Parks and Public Land Legacy Restoration Fund"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/54/200402"
units:
  - "Subtitle II — Outdoor Recreation Programs"
  - "Chapter 2004 — National Parks and Public Land Legacy Restoration Fund"
---

# §200402. National Parks and Public Land Legacy Restoration Fund

- (a) **Establishment.—** There is established in the Treasury of the [United States](/usc/54/200102.md?p=5) a [fund](/usc/54/200301.md?p=1) to be known as the “National Parks and Public Land Legacy Restoration [Fund](/usc/54/200301.md?p=1)”.
- (b) **Deposits.—**
  - (1) **In general.—** Except as provided in [paragraph (2)](#b-2), for each of fiscal years 2021 through 2025, there shall be deposited in the [Fund](/usc/54/200301.md?p=1) an amount equal to 50 percent of all energy development revenues due and payable to the [United States](/usc/54/200102.md?p=5) 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](/usc/54/200301.md?p=1) under [paragraph (1)](#b-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](/usc/54/200102.md?p=5), special [funds](/usc/54/200301.md?p=1), trust [funds](/usc/54/200301.md?p=1), or [States](/usc/54/200102.md?p=4) 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](/usc/43/1331.md) note; Public Law 109–432); and
        - (II) the Mineral Leasing Act ([30 U.S.C. 181](/usc/30/181.md) et seq.); or
      - (ii) from—
        - (I) the Land and Water Conservation [Fund](/usc/54/200301.md?p=1) established under [chapter 2003](/usc/54/chstII/ch2003.md); or
        - (II) the Historic Preservation [Fund](/usc/54/200301.md?p=1) established under chapter 3031.
- (c) **Availability of Funds.—** Amounts deposited in the [Fund](/usc/54/200301.md?p=1) shall be available to the [Secretary](/usc/54/100102.md?p=3) and the [Secretary](/usc/54/100102.md?p=3) of Agriculture, as provided in [subsection (e)](#e), without further appropriation or fiscal year limitation.
- (d) **Investment of Amounts.—**
  - (1) **In general.—** The [Secretary](/usc/54/100102.md?p=3) may request the [Secretary](/usc/54/100102.md?p=3) of the Treasury to invest any portion of the [Fund](/usc/54/200301.md?p=1) that is not, as determined by the [Secretary](/usc/54/100102.md?p=3), in consultation with the [Secretary](/usc/54/100102.md?p=3) of Agriculture, required to meet the current needs of the [Fund](/usc/54/200301.md?p=1).
  - (2) **Requirement.—** An investment requested under [paragraph (1)](#d-1) shall be made by the [Secretary](/usc/54/100102.md?p=3) of the Treasury in a public debt security—
    - (A) with a maturity suitable to the needs of the [Fund](/usc/54/200301.md?p=1), as determined by the [Secretary](/usc/54/100102.md?p=3); and
    - (B) bearing interest at a rate determined by the [Secretary](/usc/54/100102.md?p=3) of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the [United States](/usc/54/200102.md?p=5) of comparable maturity.
  - (3) **Credits to fund.—** The income on investments of the [Fund](/usc/54/200301.md?p=1) under this subsection shall be credited to, and form a part of, the [Fund](/usc/54/200301.md?p=1).
- (e) **Use of Funds.—**
  - (1) **In general.—** Amounts deposited in the [Fund](/usc/54/200301.md?p=1) for each fiscal year shall be used for priority deferred [maintenance](/usc/54/200501.md?p=4) [projects](/usc/54/200401.md?p=4) in the [System](/usc/54/100102.md?p=5), in the National Wildlife Refuge [System](/usc/54/100102.md?p=5), on public land administered by the Bureau of Land Management, for the Bureau of Indian Education schools, and in the National Forest [System](/usc/54/100102.md?p=5), as follows:
    - (A) 70 percent of the amounts deposited in the [Fund](/usc/54/200301.md?p=1) for each fiscal year shall be allocated to the [Service](/usc/54/100102.md?p=4).
    - (B) 15 percent of the amounts deposited in the [Fund](/usc/54/200301.md?p=1) for each fiscal year shall be allocated to the Forest [Service](/usc/54/100102.md?p=4).
    - (C) 5 percent of the amounts deposited in the [Fund](/usc/54/200301.md?p=1) for each fiscal year shall be allocated to the [United States](/usc/54/200102.md?p=5) Fish and Wildlife [Service](/usc/54/100102.md?p=4).
    - (D) 5 percent of the amounts deposited in the [Fund](/usc/54/200301.md?p=1) for each fiscal year shall be allocated to the Bureau of Land Management.
    - (E) 5 percent of the amounts deposited in the [Fund](/usc/54/200301.md?p=1) 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](/usc/54/200301.md?p=1), within each [covered agency](/usc/54/200401.md?p=2), not less than 65 percent of amounts from the [Fund](/usc/54/200301.md?p=1) shall be allocated for non-transportation [projects](/usc/54/200401.md?p=4).
    - (B) **Transportation projects.—** The amounts remaining in the [Fund](/usc/54/200301.md?p=1) after the allocations required under [subparagraph (A)](#e-2-A) may be allocated for transportation [projects](/usc/54/200401.md?p=4) of the [covered agencies](/usc/54/200401.md?p=2), including paved and unpaved roads, bridges, tunnels, and paved parking areas.
    - (C) **Plan.—** Any priority deferred [maintenance](/usc/54/200501.md?p=4) [project](/usc/54/200401.md?p=4) funded under this section shall be consistent with an applicable transportation, deferred [maintenance](/usc/54/200501.md?p=4), or capital improvement plan developed by the applicable [covered agency](/usc/54/200401.md?p=2).
- (f) **Prohibited Use of Funds.—** No amounts in the [Fund](/usc/54/200301.md?p=1) shall be used—
  - (1) for land acquisition;
  - (2) to supplant discretionary funding made available for annually recurring facility operations, [maintenance](/usc/54/200501.md?p=4), 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](/usc/54/100102.md?p=3) and the [Secretary](/usc/54/100102.md?p=3) 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](/usc/54/200401.md?p=4) to be funded for fiscal year 2021 that—
  - (1) are identified by the [Secretary](/usc/54/100102.md?p=3) and the [Secretary](/usc/54/100102.md?p=3) of Agriculture as priority deferred [maintenance](/usc/54/200501.md?p=4) [projects](/usc/54/200401.md?p=4); and
  - (2) as of the date of the submission of the list, are ready to be implemented.
- (h) **Submission of Annual List of Projects to Congress.—** Until the date on which all of the amounts in the [Fund](/usc/54/200301.md?p=1) are expended, the President shall annually submit to Congress, together with the annual budget of the [United States](/usc/54/200102.md?p=5), a list of [projects](/usc/54/200401.md?p=4) to be funded from the [Fund](/usc/54/200301.md?p=1) that includes a detailed description of each [project](/usc/54/200401.md?p=4), including the estimated expenditures from the [Fund](/usc/54/200301.md?p=1) for the [project](/usc/54/200401.md?p=4) 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](/usc/54/200401.md?p=2) under [subsection (e)(1)](#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)](#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)](#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](/usc/54/100102.md?p=3) and the [Secretary](/usc/54/100102.md?p=3) of Agriculture may accept public cash or in-kind donations that advance efforts—
    - (A) to reduce the deferred [maintenance](/usc/54/200501.md?p=4) backlog; and
    - (B) to encourage relevant public-private partnerships.
  - (2) **Credits to fund.—** Any cash donations accepted under [paragraph (1)](#j-1) shall be—
    - (A) credited to, and form a part of, the [Fund](/usc/54/200301.md?p=1); and
    - (B) allocated to the [covered agency](/usc/54/200401.md?p=2) for which the donation was made.
  - (3) **Other allocations.—** Any donations allocated to a [covered agency](/usc/54/200401.md?p=2) under [paragraph (2)(B)](#j-2-B) shall be allocated to the applicable [covered agency](/usc/54/200401.md?p=2) independently of the allocations under [subsection (e)(1)](#e-1).
- (k) **Required Consideration for Accessibility.—** In expending amounts from the [Fund](/usc/54/200301.md?p=1), the [Secretary](/usc/54/100102.md?p=3) and the [Secretary](/usc/54/100102.md?p=3) of Agriculture shall incorporate measures to improve the accessibility of [assets](/usc/54/200401.md?p=1) and accommodate visitors and employees with disabilities in accordance with applicable law.

## Source credit

(Added Pub. L. 116–152, § 2(a), Aug. 4, 2020, 134 Stat. 683.)

## Notes

### Editorial Notes

### References in Text

The Gulf of Mexico Energy Security Act of 2006, referred to in subsec. (b)(3)(B)(i)(I), is title I of div. C of Pub. L. 109–432, Dec. 20, 2006, 120 Stat. 3000, which is set out as a note under section 1331 of Title 43, Public Lands.

The Mineral Leasing Act, referred to in subsec. (b)(3)(B)(i)(II), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, which is classified generally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables.

The date of enactment of this section, referred to in subsec. (g), is the date of enactment of Pub. L. 116–152, which was approved Aug. 4, 2020.

### Statutory Notes and Related Subsidiaries

### Allocation of Funds

For certain requirements regarding allocation of funds pursuant to subsec. (c) of this section and as provided in subsec. (e) of this section, see section 430(a)–(c) of div. E of Pub. L. 118–42, set out as a note under section 200303 of this title.
