Updated October 18, 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. Over the past 25 years, such shutdowns
Park concessioners (privately owned businesses such as
occurred in late 1995/early 1996, October 2013, early 2018,
restaurants and hotels in parks) may continue operations at
and, most recently, from December 22, 2018, to January 25,
the discretion of park superintendents.
2019. Although government shutdowns have affected many
agencies and programs, public and congressional attention
No official reports are available on the extent of park unit
has focused particularly on certain impacts, one of which is
closures under this plan in the December 2018-January
the effect of a shutdown on the National Park System.
2019 shutdown. Because some parks consist solely of
buildings and/or other lockable areas, some units were
Agency actions during a shutdown are governed by the
entirely closed. One estimate suggested that roughly one-
Antideficiency Act (31 U.S.C. §§1341-1342, §§1511-1519)
third of National Park System units may have fallen into
and related guidance, including Circular No. A-11 from the
this category initially (although certain units later operated
Office of Management and Budget (OMB). One OMB
with mandatory appropriations; see below). The majority of
requirement is for agency heads to develop and maintain
parks—including well-known units such as Yellowstone
shutdown plans, known as contingency plans, detailing how
National Park, Grand Canyon National Park, Yosemite
each agency is to prepare for and operate during a funding
National Park, the Statue of Liberty National Memorial, and
gap. During recent shutdowns, NPS has executed
the National Mall in Washington, DC—remained at least
successive versions of its contingency plan that have
partially accessible to visitors throughout the shutdown,
remained consistent in some ways and varied in others.
with varying levels of services and law enforcement.
For example, during the two most recent shutdowns with
During the shutdown, issues were reported in some of the
durations of more than one week—those in October 2013
park units that remained accessible. These included trash
and December 2018-January 2019—NPS executed
buildups, restroom waste problems, and accidental and
contingency plans that were similar in some respects. Under
intentional damage to natural resources, among others. The
contingency plans in both shutdowns, approximately 21,000
NPS contingency plan provides that “if visitor access
NPS employees were identified for furloughs, and
becomes a safety, health or resource protection issue
approximately 3,000 employees were required to continue
(weather, road conditions, resource damage, garbage build-
to work to carry out essential activities. However, the
up to the extent that it endangers human health or wildlife,
contingency plans diverged in other areas, particularly with
etc.), the area must be closed” (emphasis in original). Some
respect to the extent and types of visitor access planned for
parks, and areas within parks, were closed for these reasons
parks in a shutdown, given that the bulk of NPS staff would
as the shutdown continued.
be furloughed.
The general accessibility of most national park units during
During both shutdowns, the NPS policies on visitor access
the most recent shutdown differed from the overall NPS
to parks were subjects of debate in Congress and among
approach in the shutdown of October 2013, when all parks
other stakeholders. Issues included, on the one hand,
were “closed to public visitation and use.” To implement
concerns about economic losses to states, localities, and job
the closures, NPS required all visitors to leave the parks.
sectors dependent on park tourism when parks were
All concessions and commercial visitor services were
inaccessible; and, on the other hand, concerns about
closed (although certain concessioners negotiated with NPS
damages to park resources and threats to visitor health and
to reopen during the shutdown). Where possible, park roads
safety when parks were accessible but not fully staffed.
were closed and access was denied. According to a 2014
Other topics of debate in NPS shutdowns have related to the
NPS report, the 16-day shutdown in 2013 resulted in an
availability of funding outside of annual discretionary
overall loss of 7.88 million visits to the parks and a loss of
appropriations, which could enable limited park operations
$414 million in NPS visitor spending in gateway
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 appropriations that have allowed
However, certain park areas will still be accessible to
for limited operations during shutdowns. For example, NPS
visitors.” Specifically, the plan states that “park roads,
contingency plans (e.g., in 2013 and 2019) have provided
lookouts, trails, and open-air memorials will generally
for continuation of “projects obligated from funds that are
remain accessible to visitors,” although “no visitor services
not subject to lapse, such as multi-year appropriations from
https://crsreports.congress.gov
National Park Service: Government Shutdown Issues
prior fiscal years.” In addition, NPS has used mandatory
had accepted the uncertainty of reimbursement when they
appropriations to fund limited operations during shutdowns.
agreed to make the donations.
Two notable types of mandatory funding have been
(1) donations from states and other entities to support
Recreation Fees
services at individual parks, and (2) in the most recent
On January 6, 2019, NPS announced that during the
shutdown, recreation fees collected under the Federal Lands
shutdown, the agency would use revenues from recreation
Recreation Enhancement Act (FLREA; 16 U.S.C. §§6801-
fees for certain activities in park units. The activities
6814). The agency has used the donations and fees to cover
included maintaining restrooms, collecting trash, operating
operating costs that it had planned to fund through annual
campgrounds, providing law enforcement and emergency
appropriations.
services, maintaining roads, and staffing entrance gates to
provide critical safety information. After the announcement,
Donations
multiple parks began to fund these activities with recreation
NPS has authority at 54 U.S.C. §101101 to accept monetary
fees, enabling some staff that previously had been
donations for park system purposes. In NPS shutdowns at
furloughed to return to work on these matters. After the
least since 1995, some nonfederal entities (primarily states)
shutdown, NPS officials stated that the agency would “fully
have donated money to NPS to operate selected parks or
restore” the FLREA recreation fee account to pre-shutdown
park activities, with the aim of fostering public access and
levels, by moving obligations made in the shutdown from
ameliorating economic losses to communities from reduced
the FLREA account to NPS’s main discretionary account.
park tourism. For example, during the 2013 shutdown,
several states (Arizona, Colorado, New York, South
NPS had an estimated unobligated balance of $252 million
Dakota, Tennessee, and Utah) donated varying sums to
in recreation fees at the end of FY2018. NPS charges,
reopen national park units using state funding. Following a
collects, and retains recreation fees under FLREA. Of the
model used in 1995-1996, these states developed
419 NPS units, 165 charge an entrance fee and/or
“
agreements with NPS to donate calculated amounts for park
expanded amenity” fee. Under FLREA and NPS policy,
operating costs for a certain number of days, during which
generally 80%-100% of fees are retained for use by the
time the parks would be open to the public and staffed by
collecting unit, with the remaining collections available
NPS employees.
agency-wide. (The January 2019 contingency plan provided
that, during a shutdown, the NPS Director may allocate
In the December 2018-January 2019 shutdown, several
agency-wide FLREA fees to park units that do not collect
states (including Arizona, New York, and Utah) and the
fees or have “insufficient balances.”) NPS has broad
territory of Puerto Rico similarly donated funds for daily
discretion in using fee revenues for purposes specified in
operations at individual parks for specified periods. Some
FLREA, which include interpretation, visitor services, and
localities, park partner groups, and other private entities
facility maintenance, repair, and enhancement related to
also made donations for specific activities or services
visitor access and health and safety. NPS has stated a policy
within parks, pursuant to NPS authority and guidance in the
that parks are to use 55% of fees for deferred maintenance.
contingency plan providing that, “at the superintendent’s
discretion and with approval of the Regional Director or
Some Members of Congress questioned the legality of
Director, parks may enter into arrangements with local
using FLREA fees for operations during the shutdown and
governments, cooperating associations, and/or other third
restoring the account thereafter. On September 5, 2019,
parties ... for donation of specified visitor services.” As one
GAO issued a legal opinion (B-330776) stating that the
example, donations to Zion National Park in Utah
Department of the Interior (DOI) violated the purpose
reportedly came from the state of Utah, Washington
statute (31 U.S.C. §1301(a)) and the Antideficiency Act
County, the city of St. George, and nonprofit groups. The
when it obligated FLREA fees during the shutdown for
contingency plan appears to allow for nonfederal entities to
expenses that would normally be charged to NPS
donate funds and/or provide some volunteer services in
discretionary appropriations. GAO stated that DOI should
kind. At certain parks, nonfederal volunteers reportedly
report its violation of the Antideficiency Act as required by
provided services including maintenance and other types of
31 U.S.C. §1351 and take actions to prevent future
visitor services.
violations. On September 6, 2019, DOI issued a response
disputing the GAO opinion, in part on the grounds that NPS
Agreements between NPS and states for shutdown
has used FLREA fees in the past for operating expenses
donations typically have provided that NPS would refund to
similar to those covered by the fees in the shutdown.
the donor any unobligated balances that remain if the
shutdown ends before all the donated monies are spent.
For Further Reading
However, any funding actually used for park operations
On federal government shutdowns, see CRS Report
could be reimbursed only through an act of Congress. For
RL34680, Shutdown of the Federal Government: Causes,
example, after the 2013 shutdown, multiple bills were
Processes, and Effects; CRS Report RS20348, Federal
introduced to reimburse the states for their shutdown
Funding Gaps: A Brief Overview; and CRS Report R41723,
donations, but these bills were not enacted, and so the states
Funding Gaps and Government Shutdowns: CRS Experts.
were not reimbursed. Some Members of Congress, along
On NPS FY2019 appropriations, see CRS In Focus
with the states themselves, contended that state
IF10900, National Park Service: FY2019 Appropriations;
reimbursement should be prioritized, given that federal
and CRS Report R44934, Interior, Environment, and
appropriations ultimately were provided (retroactively) for
Related Agencies: Overview of FY2019 Appropriations.
the shutdown period. Others took the view that the states
Laura B. Comay, Analyst in Natural Resources Policy
https://crsreports.congress.gov
National Park Service: Government Shutdown Issues
IF11079
Carol Hardy Vincent, Specialist in Natural Resources
Policy
Disclaimer
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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
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https://crsreports.congress.gov | IF11079 · VERSION 5 · UPDATED