II 

Calendar No. 635 

113TH CONGRESS 

2D SESSION S. 1750 

[Report No. 113–295] 

To authorize the Secretary of the Interior or the Secretary of Agriculture 

to enter into agreements with States and political subdivisions of States 

providing for the continued operation, in whole or in part, of public 

land, units of the National Park System, units of the National Wildlife 

Refuge System, and units of the National Forest System in the State 

during any period in which the Secretary of the Interior or the Secretary 

of Agriculture is unable to maintain normal level of operations at the 

units due to a lapse in appropriations, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 20, 2013 

Mr. FLAKE (for himself, Mr. MCCAIN, Mr. LEE, and Mr. HATCH) introduced 

the following bill; which was read twice and referred to the Committee 

on Energy and Natural Resources 

DECEMBER 10, 2014 

Reported by Ms. LANDRIEU, without amendment 

A BILL 

To authorize the Secretary of the Interior or the Secretary 

of Agriculture to enter into agreements with States and 

political subdivisions of States providing for the continued operation, in whole or in part, of public land, units 

of the National Park System, units of the National Wildlife Refuge System, and units of the National Forest 


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System in the State during any period in which the 

Secretary of the Interior or the Secretary of Agriculture 

is unable to maintain normal level of operations at the 

units due to a lapse in appropriations, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Access to Public 

5 Land Guarantee Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) public land in the United States is managed 

9 and administered for the use and enjoyment of 

10 present and future generations; 

11 (2) the National Park System (including Na12 tional Parks, National Monuments, and National 

13 Recreation Areas) is managed for the benefit and in14 spiration of all the people of the United States; 

15 (3) the National Wildlife Refuge System is ad16 ministered for the benefit of present and future gen17 erations of people in the United States, with priority 

18 consideration for compatible wildlife-dependent gen19 eral public uses of the National Wildlife Refuge Sys20 tem; 


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1 (4) the National Forest System is dedicated to 

2 the long-term benefit of present and future genera3 tions; and 

4 (5) the reopening and temporary operation and 

5 management of public land, the National Park Sys6 tem, the National Wildlife Refuge System, and the 

7 National Forest System using funds from States 

8 and political subdivisions of States during periods in 

9 which the Federal Government is unable to operate 

10 and manage the areas at normal levels due to a 

11 lapse in appropriations is consistent with the values 

12 and purposes for which those areas were established. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

15 (1) COVERED UNIT.—The term ‘‘covered unit’’ 

16 means— 

17 (A) public land; 

18 (B) units of the National Park System; 

19 (C) units of the National Wildlife Refuge 

20 System; or 

21 (D) units of the National Forest System. 

22 (2) PUBLIC LAND.—The term ‘‘public land’’ 

23 has the meaning given the term ‘‘public lands’’ in 

24 section 103 of the Federal Land Policy and Manage25 ment Act of 1976 (43 U.S.C. 1702). 


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1 (3) SECRETARY.—The term ‘‘Secretary’’ 

2 means— 

3 (A) the Secretary of the Interior, with re4 spect to land under the jurisdiction of the Sec5 retary of the Interior; or 

6 (B) the Secretary of Agriculture, with re7 spect to land under the jurisdiction of the Sec8 retary of Agriculture. 

9 SEC. 4. AGREEMENT TO KEEP PUBLIC LAND OPEN DURING 

10 A GOVERNMENT SHUTDOWN. 

11 (a) IN GENERAL.—Subject to subsection (b), if a 

12 State or political subdivision of the State offers, the Sec13 retary shall enter into an agreement with the State or po14 litical subdivision of the State under which the United 

15 States may accept funds from the State or political sub16 division of the State to reopen, in whole or in part, any 

17 covered unit within the State or political subdivision of 

18 the State during any period in which there is a lapse in 

19 appropriations for the covered unit. 

20 (b) APPLICABILITY.—The authority under subsection 

21 (a) shall only be in effect during any period in which the 

22 Secretary is unable to operate and manage covered units 

23 at normal levels, as determined in accordance with the 

24 terms of agreement entered into under subsection (a). 


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1 (c) REFUND.—The Secretary shall refund to the 

2 State or political subdivision of the State all amounts pro3 vided to the United States under an agreement entered 

4 into under subsection (a)— 

5 (1) on the date of enactment of an Act retro6 actively appropriating amounts sufficient to main7 tain normal operating levels at the covered unit re8 opened under an agreement entered into under sub9 section (a); or 

10 (2) on the date on which the State or political 

11 subdivision establishes, in accordance with the terms 

12 of the agreement, that, during the period in which 

13 the agreement was in effect, fees for entrance to, or 

14 use of, the covered units were collected by the Sec15 retary. 

16 (d) VOLUNTARY REIMBURSEMENT.—If the require17 ments for a refund under subsection (c) are not met, the 

18 Secretary may, subject to the availability of appropria19 tions, reimburse the State and political subdivision of the 

20 State for any amounts provided to the United States by 

21 the State or political subdivision under an agreement en22 tered into under subsection (a). 


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Calendar No. 635 

113TH CONGRESS 

2D SESSION S. 1750 

[Report No. 113–295] 

A BILL 

To authorize the Secretary of the Interior or the 

priations, and for other purposes. operations at the units due to a lapse in approAgriculture is unable to maintain normal level of the Secretary of the Interior or the Secretary of System in the State during any period in which uge System, and units of the National Forest Park System, units of the National Wildlife Refin part, of public land, units of the National providing for the continued operation, in whole or with States and political subdivisions of States Secretary of Agriculture to enter into agreements 

DECEMBER 10, 2014 

Reported without amendment 


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