About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (December 22, 2023)

handle is hein.crs/govenuv0001 and id is 1 raw text is: CongressionaI Resear h Service Informing the IegisIative debate since 1914 Updated December 22, 2023 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. In the past three decades, 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-11 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. NPS has updated its shutdown contingency plan several times in the past decade. Most recently, in November 2023, NPS released a contingency plan (hereinafter referred to as the November 2023 plan) addressing visitor access and related topics during a shutdown, including staffing levels and funding for limited visitor services. Recent NPS contingency plans have had differing provisions on these topics. During earlier shutdowns, NPS's policies were debated in Congress and among 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 have related to the availability of funding outside of annual discretionary appropriations to enable limited staffing and visitor services during a lapse. NPS Staffing Levels in a Shutdown NPS's November 2023 plan indicates that approximately 68% of its workforce would be furloughed in a shutdown. This projected furlough is lower than in some earlier NPS contingency plans. For instance, plans executed in the October 2013 shutdown and the December 2018-January 2019 shutdown identified approximately 87% of NPS employees for furlough. A ccesst biity of Park Un its in a Sh utd own NPS's November 2023 plan states that the majority of the 428 NPS units would be closed completely to public access during a shutdown. However, park areas that by their nature are physically accessible to the public, such as many open-air parks and memorials, would remain accessible, although with significantly reduced visitor services. This differs from the NPS approach in the shutdown of October 2013 (during the Obama Administration), when all parks were closed to public visitation and use. To implement the closures in 2013, NPS required all visitors to leave the parks. 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. No such assessments are available for subsequent shutdowns. In the 118th Congress, H.R. 5728 would require the Congressional Budget Office to report to Congress during a shutdown on any lost NPS revenue due to closures of NPS lands and historic sites, among other estimates. With regard to park accessibility, the November 2023 plan appears more similar to NPS's approach in the shutdown of December 2018-January 2019 (during the Trump Administration), when parks generally were to remain accessible except in the case of facilities or areas that would typically be locked during non-business hours. Because many park units (such as many national historic sites) consist solely of buildings and areas that would be locked in non-business hours, such units would be fully closed in a shutdown. Limited Visitor Services in a Shutdown NPS's November 2023 contingency plan states that certain agency activities would continue in a shutdown, including both excepted activities (necessary to protect life and property or otherwise authorized or implied by law) and exempted activities (funded from permanent appropriations, eligible unobligated balances, or other available sources). The excepted activities identified in the plan include, for example, law enforcement, border surveillance, fire suppression, and emergency response. The exempted activities include, among others, critical visitor services at park areas accessible to the public, such as restroom maintenance, trash collection, road maintenance, and campground operations. Park superintendents may also determine on a case-by-case basis whether concessioner-run services such as hotel and food services may continue in accessible areas. Under the November 2023 plan, certain funding sources could be used for the exempted visitor services and operations at parks during a shutdown. Two of these sources are (1) recreation fees collected under the Federal Lands Recreation Enhancement Act (FLREA; 16 U.S.C. §§6801-6814); and (2) if received, donations from states and other entities to support services at individual parks. Recreation Fees NPS charges, collects, and retains recreation fees under FLREA. The agency had an estimated unobligated balance of $324 million in FLREA fees at the end of FY2023 and estimates collections of $365 million in FY2024. According

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.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most