Updated February 19, 2019
National Park Service: Government Shutdown Issues
Like other federal agencies, the National Park Service
will be provided.” By contrast, park “facilities” or areas that
(NPS) has halted most operations during occasional
typically would be “locked or secured during non-business
government shutdowns resulting from lapses in
hours” are to be closed “for the duration of the shutdown.”
appropriations (see CRS reports listed below for more
Park concessioners (privately owned businesses such as
information). Over the past 25 years, such shutdowns
restaurants and hotels in parks) may continue operations at
occurred in late 1995/early 1996, October 2013, early 2018,
the discretion of park superintendents.
and, most recently, from December 22, 2018, to January 25,
2019. Although government shutdowns have affected many
No official reports are available on the extent of park unit
agencies and programs, public and congressional attention
closures under this plan in the December 2018-January
has focused particularly on certain impacts, one of which is
2019 shutdown. Because some parks consist solely of
the effect of a shutdown on National Park System units.
buildings and/or other lockable areas, some units were
entirely closed. One estimate suggested that roughly one-
Agency actions during a shutdown are governed by the
third of the 418 National Park System units may have fallen
Antideficiency Act (31 U.S.C. §§1341-1342, §§1511-1519)
into this category (although certain units operated with
and related guidance, including Circular No. A-11 from the
mandatory appropriations; see below). The majority of
Office of Management and Budget (OMB). One OMB
parks—including well-known units such as Yellowstone
requirement is for agency heads to develop and maintain
National Park, Grand Canyon National Park, Yosemite
shutdown plans, known as contingency plans, detailing how
National Park, the Statue of Liberty National Memorial, and
each agency is to prepare for and operate during a funding
the National Mall in Washington, DC—remained at least
gap. During recent shutdowns, NPS has executed
partially accessible to visitors during the shutdown, with
successive versions of its contingency plan that have
varying levels of services and law enforcement.
remained consistent in some ways and varied in others.
During the December 2018-January 2019 shutdown, issues
For example, during the two most recent shutdowns with
were reported in some of the park units that remained
durations of more than one week—the October 2013
accessible. These included trash buildups, restroom waste
shutdown and the December 2018-January 2019
problems, and accidental and intentional damage to natural
shutdown—NPS executed contingency plans that were
resources, among others. The NPS contingency plan
similar in some respects. Under contingency plans in both
provides that “if visitor access becomes a safety, health or
shutdowns, approximately 21,000 NPS employees were
resource protection issue (weather, road conditions,
identified for furloughs, and approximately 3,000
resource damage, garbage build-up to the extent that it
employees were required to continue to work to carry out
endangers human health or wildlife, etc.), the area must be
essential activities. However, the contingency plans
closed.” Some parks, and areas within parks, were closed
diverged in other areas, such as the extent and types of
for these reasons as the shutdown continued.
visitor access planned for parks in a shutdown, given that
the bulk of NPS staff would be furloughed.
The general accessibility of most national park units during
the most recent shutdown differed from the overall NPS
During both shutdowns, Congress and other stakeholders
approach in the shutdown of October 2013, when all parks
debated NPS policies on visitor access to parks. Issues have
were “closed to public visitation and use.” To implement
included, on the one hand, concerns about economic losses
the closures, NPS required all visitors to leave the parks.
to states, localities, and job sectors dependent on park
All concessions and commercial visitor services were
tourism when parks are inaccessible, and, on the other,
closed (although certain concessioners negotiated with NPS
concerns about damages to park resources and threats to
to reopen during the shutdown). Where possible, park roads
visitor health and safety when parks are accessible but not
were closed and access was denied. According to a 2014
fully staffed. Other topics of debate in NPS shutdowns have
NPS report, the 16-day shutdown in 2013 resulted in an
related to the availability of funding outside of annual
overall loss of 7.88 million visits to the parks and a loss of
discretionary appropriations, which could enable limited
$414 million in NPS visitor spending in gateway
park operations during a lapse in annual appropriations.
communities across the country. Similar figures are not
available for the December 2018-January 2019 shutdown.
Accessibility of NPS Units in Shutdown
NPS’s current contingency plan, dated January 2019 and
Funding for Limited Operations
available at https://www.doi.gov/shutdown, provides that
Like some other agencies, NPS has had access to funding
“the NPS will not operate parks during the shutdown.
sources outside of annual discretionary appropriations that
However, certain park areas will still be accessible to
have allowed for limited operations during shutdowns. For
visitors.” Specifically, the plan states that “park roads,
example, NPS contingency plans (e.g., in 2013 and 2019)
lookouts, trails, and open-air memorials will generally
have provided for continuation of “projects obligated from
remain accessible to visitors,” although “no visitor services
funds that are not subject to lapse, such as multi-year
https://crsreports.congress.gov
National Park Service: Government Shutdown Issues
appropriations from prior fiscal years.” In addition, NPS
Recreation Fees
has used mandatory appropriations to fund limited
On January 6, 2019, NPS announced that during the
operations during shutdowns. Two notable types of
shutdown, the agency would use revenues from recreation
mandatory funding have been (1) donations from states and
fees for certain activities in national park units. The
other entities to support services at individual parks, and
activities included maintaining restrooms, collecting trash,
(2) in the most recent shutdown, recreation fees collected
maintaining roads, operating campgrounds, providing law
under the Federal Lands Recreation Enhancement Act
enforcement and emergency services, and staffing entrance
(FLREA; 16 U.S.C. §§6801-6814). The agency has used
gates to provide critical safety information. After the
the donations and fees to cover operating costs that it had
announcement, multiple parks began to fund these activities
planned to fund through annual appropriations.
with recreation fees, enabling some staff that previously
had been furloughed to return to work on these matters.
Donations
NPS has authority at 54 U.S.C. §101101 to accept monetary
NPS had an estimated unobligated balance of $252 million
donations for park system purposes. In NPS shutdowns at
in recreation fees at the end of FY2018. NPS charges,
least since 1995, some nonfederal entities (primarily states)
collects, and retains recreation fees under FLREA. Of the
have donated money to NPS to operate selected parks or
418 NPS units, 165 charge an entrance and/or expanded
park activities, with the aim of fostering public access and
amenity fee. Under FLREA and NPS policy, generally
ameliorating economic losses to communities from reduced
80%-100% of fees are retained for use by the collecting
park tourism. For example, during the 2013 shutdown,
unit, with the remaining collections available agency-wide.
several states (Arizona, Colorado, New York, South
(The January 2019 contingency plan provides that, during a
Dakota, Tennessee, and Utah) donated varying sums to
shutdown, the NPS Director may allocate agency-wide
reopen national park units using state funding. Following a
FLREA fees to park units that do not collect fees or have
“
model used in 1995-1996, these states developed
insufficient balances.”) NPS has broad discretion in using
agreements with NPS to donate calculated amounts for
fee revenues for purposes specified in FLREA, which
operating costs for a certain number of days, during which
include interpretation and visitor services and facility
time the parks would be open to the public and staffed by
maintenance, repair, and enhancement related to visitor
NPS employees.
access and health and safety. Under NPS policy, 55% of the
fees are to be used for deferred maintenance.
In the December 2018-January 2019 shutdown, several
states (including Arizona, New York, and Utah) and the
On February 6, 2019, the NPS Deputy Director (exercising
territory of Puerto Rico similarly donated funds for daily
the authority of the Director) issued an agency-wide
operations at individual parks for specified periods. Some
statement asserting that the agency can “fully restore the
FLREA account” to pre
localities, park partner groups, and other private
-shutdown levels, by moving
organizations also made donations for particular purposes,
obligations during the shutdown from the FLREA account
to the NPS’s main discretionary account. Questions have
pursuant to NPS authority and guidance in the contingency
plan providing that, “at the superintendent’s discretion and
been raised about the legality of using FLREA fees for
with approval of the Regional Director or Director, parks
operations during the shutdown and restoring the funds
may enter into arrangements with local governments,
thereafter. Other questions have pertained to the
cooperating associations, and/or other third parties ... for
advisability of using FLREA fees for operations during the
donation of specified visitor services.” As one example,
shutdown, such as the effect such use may have on longer-
donations to Zion National Park in Utah reportedly came
term projects typically funded with these revenues. For
from the state of Utah, Washington County, the city of St.
instance, on February 6, 2019, a House Interior
George, and nonprofit groups. The contingency plan
Appropriations Subcommittee hearing explored such issues.
appears to allow for nonfederal entities to donate funds
For Further Reading
and/or provide some volunteer services in kind. At certain
parks, nonfederal volunteers reportedly provided services
For more information on federal government shutdowns,
including maintenance and other types of visitor services.
see CRS Report RL34680, Shutdown of the Federal
Government: Causes, Processes, and Effects; CRS Report
Agreements between NPS and states for shutdown
RS20348, Federal Funding Gaps: A Brief Overview; and
donations typically have provided that NPS would refund to
CRS Report R41723, Funding Gaps and Government
the donor any unobligated balances that remain if the
Shutdowns: CRS Experts. For more information on NPS
shutdown ends before all the donated monies are spent.
and other Interior appropriations, see CRS In Focus
However, any funding actually used for park operations
IF10900, National Park Service: FY2019 Appropriations;
could be reimbursed only through an act of Congress. For
and CRS Report R44934, Interior, Environment, and
example, after the 2013 shutdown, multiple bills were
Related Agencies: Overview of FY2019 Appropriations.
introduced to reimburse the states for their shutdown
donations, but these bills were not enacted, and so the states
Laura B. Comay, Analyst in Natural Resources Policy
were not reimbursed. Some Members of Congress, along
Carol Hardy Vincent, Specialist in Natural Resources
with the states themselves, contended that state
Policy
reimbursement should be prioritized, given that federal
appropriations ultimately were provided (retroactively) for
IF11079
the shutdown period. Others took the view that the states
had accepted the uncertainty of reimbursement when they
agreed to make the donations.
https://crsreports.congress.gov
National Park Service: Government Shutdown Issues
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.
https://crsreports.congress.gov | IF11079 · VERSION 4 · UPDATED