National Park Service: Government Shutdown Issues

National Park Service: Government Shutdown Issues

Updated December 22, 2023
National Park Service: Government Shutdown Issues
Like other federal agencies, the National Park Service
Administration), when all parks were “closed to public
(NPS) has halted most operations during occasional
visitation and use.” To implement the closures in 2013,
government shutdowns resulting from lapses in
NPS required all visitors to leave the parks. Where possible,
appropriations. In the past three decades, such shutdowns
park roads were closed and access was denied. According
occurred in late 1995/early 1996, October 2013, early 2018,
to a 2014 NPS report, the 16-day shutdown in 2013 resulted
and, most recently, from December 22, 2018, to January 25,
in an overall loss of 7.88 million visits to the parks and a
2019. Although government shutdowns have affected many
loss of $414 million in NPS visitor spending in gateway
agencies and programs, public and congressional attention
communities across the country. No such assessments are
has focused particularly on certain impacts, one of which is
available for subsequent shutdowns. In the 118th Congress,
the effect of a shutdown on the National Park System.
H.R. 5728 would require the Congressional Budget Office
to report to Congress during a shutdown on any lost NPS
Agency actions during a shutdown are governed by the
revenue due to closures of NPS lands and historic sites,
Antideficiency Act (31 U.S.C. §§1341-1342, §§1511-1519)
among other estimates.
and related guidance, including Circular No. A-11 from the
Office of Management and Budget (OMB). One OMB
With regard to park accessibility, the November 2023 plan
requirement is for agency heads to develop and maintain
appears more similar to NPS’s approach in the shutdown of
shutdown plans, known as contingency plans, detailing how
December 2018–January 2019 (during the Trump
each agency is to prepare for and operate during a funding
Administration), when parks generally were to remain
gap. NPS has updated its shutdown contingency plan
accessible except in the case of facilities or areas that would
several times in the past decade.
typically be locked during non-business hours. Because
Most recently, in November 2023, NPS released a
many park units (such as many national historic sites)
contingency plan (hereinafter referred to as the November
consist solely of buildings and areas that would be locked in
2023 plan) addressing visitor access and related topics
non-business hours, such units would be fully closed in a
during a shutdown, including staffing levels and funding for
shutdown.
limited visitor services. Recent NPS contingency plans have
Limited Visitor Services in a Shutdown
had differing provisions on these topics. During earlier
shutdowns, NPS’s policies were debated in Congress and
NPS’s November 2023 contingency plan states that certain
among stakeholders. Issues included, on the one hand,
agency activities would continue in a shutdown, including
concerns about economic losses to states, localities, and job
both excepted activities (necessary to protect life and
sectors dependent on park tourism when parks were
property or otherwise authorized or implied by law) and
inaccessible; and, on the other hand, concerns about
exempted activities (funded from permanent appropriations,
damages to park resources and threats to visitor health and
eligible unobligated balances, or other available sources).
safety when parks were accessible but not fully staffed.
The excepted activities identified in the plan include, for
Other topics of debate have related to the availability of
example, law enforcement, border surveillance, fire
funding outside of annual discretionary appropriations to
suppression, and emergency response. The exempted
enable limited staffing and visitor services during a lapse.
activities include, among others, “critical” visitor services
at park areas accessible to the public, such as restroom
NPS Staffing Levels in a Shutdown
maintenance, trash collection, road maintenance, and
NPS’s November 2023 plan indicates that approximately
campground operations. Park superintendents may also
68% of its workforce would be furloughed in a shutdown.
determine on a case-by-case basis whether concessioner-run
This projected furlough is lower than in some earlier NPS
services such as hotel and food services may continue in
contingency plans. For instance, plans executed in the
accessible areas.
October 2013 shutdown and the December 2018–January
Under the November 2023 plan, certain funding sources
2019 shutdown identified approximately 87% of NPS
could be used for the exempted visitor services and
employees for furlough.
operations at parks during a shutdown. Two of these
Accessibility of Park Units in a Shutdown sources are (1) recreation fees collected under the Federal
Lands Recreation Enhancement Act (FLREA; 16 U.S.C.
NPS’s November 2023 plan states that the majority of the
§§6801-6814); and (2) if received, donations from states
428 NPS units would be “closed completely to public
and other entities to support services at individual parks.
access” during a shutdown. However, park areas that “by
their nature are physically accessible to the public,” such as
Recreation Fees
many open-air parks and memorials, would remain
NPS charges, collects, and retains recreation fees under
accessible, although with “significantly reduced visitor
FLREA. The agency had an estimated unobligated balance
services.” This differs from the NPS approach in the
of $324 million in FLREA fees at the end of FY2023 and
shutdown of October 2013 (during the Obama
estimates collections of $365 million in FY2024. According
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National Park Service: Government Shutdown Issues
to a multi-agency report with 2020 data, 156 of (at that
future violations. On September 6, 2019, DOI responded,
time) 423 NPS units charged an entrance fee and/or
disputing the GAO opinion in part on the grounds that NPS
“expanded amenity” fee. Under FLREA and NPS policy,
had used FLREA fees in the past for operating expenses
generally 80%-100% of fees are retained for use by the
similar to those the fees covered in the shutdown. The
collecting unit, with the remaining collections available
extent to and purposes for which FLREA fees could be
agency-wide. NPS has broad discretion in using fee
available in any government shutdown remain in debate.
revenues for purposes specified in FLREA, which include
interpretation; visitor services; and facility maintenance,
Donations
repair, and enhancement related to visitor access and health
NPS has authority at 54 U.S.C. §101101 to accept monetary
and safety. Current NPS policy is that parks are to use 55%
donations for park system purposes. In NPS shutdowns at
of fees for deferred or preventative maintenance.
least since 1995, some nonfederal entities (primarily states)
have donated money to NPS to operate selected parks or
NPS’s November 2023 contingency plan states that during
park activities, with the aim of fostering public access and
a shutdown, at publicly accessible park areas, “NPS may
ameliorating economic losses to communities from reduced
use the minimal level of FLREA funding necessary to
park tourism. For example, during the 2013 shutdown,
provide critical health, public safety and protection services
several states (Arizona, Colorado, New York, South
as an exempt activity in a manner that maintains restrooms
Dakota, Tennessee, and Utah) donated varying sums to
and sanitation, trash collection, road maintenance,
reopen national park units using state funding. Following a
campground operations, law enforcement emergency
model used in 1995-1996, these states developed
operations, and the protection of park resources.” Staff
agreements with NPS to donate calculated amounts for park
levels necessary to provide these services would vary by
operating costs for a certain number of days, during which
park. If park resources could not be adequately protected,
time the parks would be open to the public and staffed by
then NPS might restrict access to areas as needed,
NPS employees. In the 2018-2019 shutdown, several states
according to the plan.
(including Arizona, New York, and Utah) and the territory
NPS first used FLREA recreation fees in a similar manner
of Puerto Rico similarly donated funds for daily operations
during the December 2018–January 2019 shutdown. As that
at individual parks for specified periods. Some localities,
shutdown proceeded, issues were reported in some park
park partner groups, and other private entities also made
units that remained accessible. These included trash
donations for specific activities or services within parks.
buildups, restroom waste problems, and accidental and
NPS’s November 2023 plan also authorizes park
intentional damage to natural resources, among others. In
superintendents to accept donations from states and other
response, on January 6, 2019, NPS announced that during
entities to support operations in a shutdown.
that shutdown, the agency would use revenues from
Agreements between NPS and states for shutdown
recreation fees for certain activities in park units. The
donations have typically provided that NPS would refund to
activities included maintaining restrooms, collecting trash,
the donor any unobligated balances that remain if the
operating campgrounds, providing law enforcement and
shutdown ends before all the donated monies are spent.
emergency services, maintaining roads, and staffing
However, any funding actually used for park operations
entrance gates to provide critical safety information. After
could be reimbursed only through an act of Congress. For
the announcement, multiple parks began to fund these
example, after the 2013 shutdown, multiple bills were
activities with recreation fees, enabling some staff that had
introduced to reimburse the states for their shutdown
previously been furloughed to return to work on these
donations. These bills were not enacted, so the states were
matters. (The January 2019 contingency plan provided that,
not reimbursed. Some Members of Congress, along with the
during a shutdown, the NPS director could allocate agency-
states themselves, contended that state reimbursement
wide FLREA fees to park units that did not collect fees or
should be prioritized, given that federal appropriations were
had “insufficient balances.” The November 2023 plan does
ultimately provided (retroactively) for the shutdown period.
not clarify how park-specific versus agency-wide FLREA
Others took the view that the states had accepted the
funding would be allocated.) After the 2018-2019 shutdown
uncertainty of reimbursement when they agreed to make the
ended, NPS officials stated that the agency would “fully
donations. In the 118th Congress, H.R. 5743 and S. 2972
restore” the FLREA recreation fee account to pre-shutdown
would require the Secretary of the Interior to repay states
levels by moving obligations made in the shutdown from
for any funds used to operate NPS units in a shutdown.
the FLREA account to NPS’s main discretionary account.
For Further Reading
Some Members of Congress questioned the legality of
On federal government shutdowns, see CRS Report
using FLREA fees for operations during the 2018-2019
R41759, Past Government Shutdowns: Key Resources;
shutdown and restoring the account thereafter. On
CRS Report RL34680, Shutdown of the Federal
September 5, 2019, the Government Accountability Office
Government: Causes, Processes, and Effects; CRS Report
(GAO) issued a legal opinion (B-330776) stating that the
RS20348, Federal Funding Gaps: A Brief Overview; and
Department of the Interior (DOI) violated the purpose
CRS Report R41723, Funding Gaps and Government
statute (31 U.S.C. §1301(a)) and the Antideficiency Act
Shutdowns: CRS Experts.
when it obligated FLREA fees during the shutdown for
expenses normally charged to NPS discretionary
appropriations. GAO stated that DOI should report its
Laura B. Comay, Specialist in Natural Resources Policy
violation of the Antideficiency Act as required by Title 31,
Carol Hardy Vincent, Specialist in Natural Resources
Section 1351, of the U.S. Code and take actions to prevent
Policy
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National Park Service: Government Shutdown Issues

IF11079

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