Updated October 5, 2021
National Park Service: Government Shutdown Issues
Like other federal agencies, the National Park Service
accessible to visitors,” although “no visitor services will be
(NPS) has halted most operations during occasional
provided.” By contrast, park “facilities” or areas that
government shutdowns resulting from lapses in
typically would be “locked or secured during non-business
appropriations. Over the past 25 years, such shutdowns
hours” were to be closed “for the duration of the
occurred in late 1995/early 1996, October 2013, early 2018,
shutdown.” Park concessioners (privately owned businesses
and, most recently, from December 22, 2018, to January 25,
such as restaurants and hotels in parks) could continue
2019. Although government shutdowns have affected many
operations at the discretion of park superintendents.
agencies and programs, public and congressional attention
has focused particularly on certain impacts, one of which is
No official reports are available on the extent of park unit
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
Agency actions during a shutdown are governed by the
buildings and/or other lockable areas, some units were
Antideficiency Act (31 U.S.C. §§1341-1342, §§1511-1519)
entirely closed. One estimate suggested that roughly one-
and related guidance, including Circular No. A-11 from the
third of National Park System units may have fallen into
Office of Management and Budget (OMB). One OMB
this category initially (although certain units later operated
requirement is for agency heads to develop and maintain
with mandatory appropriations; see below). The majority of
shutdown plans, known as contingency plans, detailing how
parks—including well-known units such as Yellowstone
each agency is to prepare for and operate during a funding
National Park, Grand Canyon National Park, Yosemite
gap. During recent shutdowns, NPS has executed
National Park, the Statue of Liberty National Memorial, and
successive versions of its contingency plan that have
the National Mall in Washington, DC—remained at least
remained consistent in some ways and varied in others.
partially accessible to visitors throughout the shutdown,
with varying levels of services and law enforcement.
For example, during the two most recent shutdowns with
durations of more than one week—those in October 2013
During the shutdown, issues were reported in some of the
and December 2018-January 2019—NPS executed
park units that remained accessible. These included trash
contingency plans that were similar in some respects. Under
buildups, restroom waste problems, and accidental and
the plans in both shutdowns, approximately 21,000 NPS
intentional damage to natural resources, among others. The
employees were identified for furloughs, and approximately
January 2019 NPS contingency plan provided that “if
3,000 employees were required to continue to work to carry
visitor access becomes a safety, health or resource
out essential activities. However, the plans diverged in
protection issue (weather, road conditions, resource
other areas, particularly with respect to the extent and types
damage, garbage build-up to the extent that it endangers
of visitor access planned for parks in a shutdown, given that
human health or wildlife, etc.), the area must be closed”
the bulk of NPS staff would be furloughed. As of the end of
(emphasis in original). Some parks, and areas within parks,
September 2021, NPS has not publicly released any update
were closed for these reasons as the shutdown continued.
to its January 2019 contingency plan.
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 contingency plan for the 2018-2019 shutdown, dated
Funding for Limited Operations
January 2019, provided that “parks may still be accessible
Like some other agencies, NPS has had access to funding
to visitors” during the shutdown, but that “staffing levels
sources outside of annual appropriations that have allowed
will be based on the assumption that no visitor services will
for limited operations during shutdowns. For example, NPS
be provided.” The plan stated that “park roads, lookouts,
contingency plans (e.g., in 2013 and 2019) have provided
trails, and open-air memorials will generally remain
for continuation of “projects obligated from funds that are
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National Park Service: Government Shutdow n Issues
not subject to lapse, such as multi-year appropriations from
Recreation Fees
prior fiscal years.” In addition, NPS has used mandatory
On January 6, 2019, NPS announced that during the
appropriations to fund limited operations during shutdowns.
shutdown, the agency would use revenues from recreation
Two notable types of mandatory funding have been
fees for certain activities in park units. The activities
(1) donations from states and other entities to support
included maintaining restrooms, collecting trash, operating
services at individual parks, and (2) in the most recent
campgrounds, providing law enforcement and emergency
shutdown, recreation fees collected under the Federal Lands
services, maintaining roads, and staffing entrance gates to
Recreation Enhancement Act (FLREA; 16 U.S.C. §§6801-
provide critical safety information. After the announcement,
6814). The agency has used the donations and fees to cover
multiple parks began to fund these activities with recreation
operating costs that it had planned to fund through annual
fees, enabling some staff that previously had been
appropriations.
furloughed to return to work on these matters. After the
shutdown, NPS officials stated that the agency would “fully
Donations
restore” the FLREA recreation fee account to pre-shutdown
NPS has authority at 54 U.S.C. §101101 to accept monetary
levels, by moving obligations made in the shutdown from
donations for park system purposes. In NPS shutdowns at
the FLREA account to NPS’s main discretionary account.
least since 1995, some nonfederal entities (primarily states)
have donated money to NPS to operate selected parks or
NPS had an estimated unobligated balance of $323 million
park activities, with the aim of fostering public access and
in recreation fees at the end of FY2020, in addition to $250
ameliorating economic losses to communities from reduced
million in fees collected during that year. NPS charges,
park tourism. For example, during the 2013 shutdown,
collects, and retains recreation fees under FLREA. Of the
several states (Arizona, Colorado, New York, South
423 NPS units, approximately 165 charge an entrance fee
Dakota, Tennessee, and Utah) donated varying sums to
and/or “expanded amenity” fee. Under FLREA and NPS
reopen national park units using state funding. Following a
policy, generally 80%-100% of fees are retained for use by
model used in 1995-1996, these states developed
the collecting unit, with the remaining collections available
agreements with NPS to donate calculated amounts for park
agency-wide. (The January 2019 contingency plan provided
operating costs for a certain number of days, during which
that, during a shutdown, the NPS Director may allocate
time the parks would be open to the public and staffed by
agency-wide FLREA fees to park units that do not collect
NPS employees.
fees or have “insufficient balances.”) NPS has broad
discretion in using fee revenues for purposes specified in
In the December 2018-January 2019 shutdown, several
FLREA, which include interpretation, visitor services, and
states (including Arizona, New York, and Utah) and the
facility maintenance, repair, and enhancement related to
territory of Puerto Rico similarly donated funds for daily
visitor access and health and safety. NPS has stated a policy
operations at individual parks for specified periods. Some
that parks are to use 55% of fees for deferred maintenance.
localities, park partner groups, and other private entities
also made donations for specific activities or services
Some Members of Congress questioned the legality of
within parks, pursuant to NPS authority and guidance in the
using FLREA fees for operations during the shutdown and
contingency plan providing that, “at the superintendent’s
restoring the account thereafter. On September 5, 2019,
discretion and with approval of the Regional Director or
GAO issued a legal opinion (B-330776) stating that the
Director, parks may enter into arrangements with local
Department of the Interior (DOI) violated the purpose
governments, cooperating associations, and/or other third
statute (31 U.S.C. §1301(a)) and the Antideficiency Act
parties ... for donation of specified visitor services.” As one
when it obligated FLREA fees during the shutdown for
example, donations to Zion National Park in Utah
expenses that would normally be charged to NPS
reportedly came from the State of Utah, Washington
discretionary appropriations. GAO stated that DOI should
County, the city of St. George, and nonprofit groups. In
report its violation of the Antideficiency Act as required by
addition to monetary donations, nonfederal volunteers
31 U.S.C. §1351 and take actions to prevent future
reportedly provided in-kind services, including maintenance
violations. On September 6, 2019, DOI issued a response
and other types of visitor services, at a number of parks .
disputing the GAO opinion, in part on the grounds that NPS
has used FLREA fees in the past for operating expenses
Agreements between NPS and states for shutdown
similar to those covered by the fees in the shutdown.
donations typically have provided that NPS would refund to
the donor any unobligated balances that remain if the
For Further Reading
shutdown ends before all the donated monies are spent.
On federal government shutdowns, see CRS Report
However, any funding actually used for park operations
RL34680, Shutdown of the Federal Government: Causes,
could be reimbursed only through an act of Congress. For
Processes, and Effects; CRS Report RS20348, Federal
example, after the 2013 shutdown, multiple bills were
Funding Gaps: A Brief Overview; and CRS Report R41723,
introduced to reimburse the states for their shutdown
Funding Gaps and Government Shutdowns: CRS Experts.
donations, but these bills were not enacted, and so the states
were not reimbursed. Some Members of Congress, along
Laura B. Comay, Specialist in Natural Resources Policy
with the states themselves, contended that state
Carol Hardy Vincent, Specialist in Natural Resources
reimbursement should be prioritized, given that federal
Policy
appropriations ultimately were provided (retroactively) for
the shutdown period. Others took the view that the states
IF11079
had accepted the uncertainty of reimbursement when they
agreed to make the donations.
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National Park Service: Government Shutdow n Issues


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