About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (October 18, 2019)

handle is hein.crs/govbblu0001 and id is 1 raw text is: 



L. ,   Congressional Research Service

   I fo rg the legesatlve debate s nce 1914

                                                                                        Upd

National Park Service: Government Shutdown Issues


Like other federal agencies, the National Park Service
(NPS) has halted most operations during occasional
government shutdowns resulting from lapses in
appropriations. Over the past 25 years, such shutdowns
occurred in late 1995/early 1996, October 2013, early 2018,
and, most recently, from December 22, 2018, to January 25,
2019. Although government shutdowns have affected many
agencies and programs, public and congressional attention
has focused particularly on certain impacts, one of which is
the effect of a shutdown on the National Park System.

Agency actions during a shutdown are governed by the
Antideficiency Act (31 U.S.C. §§1341-1342, §§1511-1519)
and related guidance, including Circular No. A-Il from the
Office of Management and Budget (OMB). One OMB
requirement is for agency heads to develop and maintain
shutdown plans, known as contingency plans, detailing how
each agency is to prepare for and operate during a funding
gap. During recent shutdowns, NPS has executed
successive versions of its contingency plan that have
remained consistent in some ways and varied in others.

For example, during the two most recent shutdowns with
durations of more than one week-those in October 2013
and December 2018-January 2019-NPS executed
contingency plans that were similar in some respects. Under
contingency plans in both shutdowns, approximately 21,000
NPS employees were identified for furloughs, and
approximately 3,000 employees were required to continue
to work to carry out essential activities. However, the
contingency plans diverged in other areas, particularly with
respect to the extent and types of visitor access planned for
parks in a shutdown, given that the bulk of NPS staff would
be furloughed.

During both shutdowns, the NPS policies on visitor access
to parks were subjects of debate in Congress and among
other stakeholders. Issues included, on the one hand,
concerns about economic losses to states, localities, and job
sectors dependent on park tourism when parks were
inaccessible; and, on the other hand, concerns about
damages to park resources and threats to visitor health and
safety when parks were accessible but not fully staffed.
Other topics of debate in NPS shutdowns have related to the
availability of funding outside of annual discretionary
appropriations, which could enable limited park operations
during a lapse in annual appropriations.

Accessibility of NPS Units in Shutdown
NPS's current contingency plan, dated January 2019 and
available at https://www.doi.gov/shutdown, provides that
the NPS will not operate parks during the shutdown.
However, certain park areas will still be accessible to
visitors. Specifically, the plan states that park roads,
lookouts, trails, and open-air memorials will generally
remain accessible to visitors, although no visitor services


ited October 18, 2019


will be provided. By contrast, park facilities or areas that
typically would be locked or secured during non-business
hours are to be closed for the duration of the shutdown.
Park concessioners (privately owned businesses such as
restaurants and hotels in parks) may continue operations at
the discretion of park superintendents.

No official reports are available on the extent of park unit
closures under this plan in the December 2018-January
2019 shutdown. Because some parks consist solely of
buildings and/or other lockable areas, some units were
entirely closed. One estimate suggested that roughly one-
third of National Park System units may have fallen into
this category initially (although certain units later operated
with mandatory appropriations; see below). The majority of
parks-including well-known units such as Yellowstone
National Park, Grand Canyon National Park, Yosemite
National Park, the Statue of Liberty National Memorial, and
the National Mall in Washington, DC-remained at least
partially accessible to visitors throughout the shutdown,
with varying levels of services and law enforcement.

During the shutdown, issues were reported in some of the
park units that remained accessible. These included trash
buildups, restroom waste problems, and accidental and
intentional damage to natural resources, among others. The
NPS contingency plan provides that if visitor access
becomes a safety, health or resource protection issue
(weather, road conditions, resource damage, garbage build-
up to the extent that it endangers human health or wildlife,
etc.), the area must be closed (emphasis in original). Some
parks, and areas within parks, were closed for these reasons
as the shutdown continued.

The general accessibility of most national park units during
the most recent shutdown differed from the overall NPS
approach in the shutdown of October 2013, when all parks
were closed to public visitation and use. To implement
the closures, NPS required all visitors to leave the parks.
All concessions and commercial visitor services were
closed (although certain concessioners negotiated with NPS
to reopen during the shutdown). Where possible, park roads
were closed and access was denied. According to a 2014
NPS report, the 16-day shutdown in 2013 resulted in an
overall loss of 7.88 million visits to the parks and a loss of
$414 million in NPS visitor spending in gateway
communities across the country. Similar figures are not
available for the December 2018-January 2019 shutdown.

Funding for Limited Operations
Like some other agencies, NPS has had access to funding
sources outside of annual appropriations that have allowed
for limited operations during shutdowns. For example, NPS
contingency plans (e.g., in 2013 and 2019) have provided
for continuation of projects obligated from funds that are
not subject to lapse, such as multi-year appropriations from


https:!crsreports~cong --sg

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most