I 

115TH CONGRESS 

2D SESSION H. R. 4951 

To require the Secretary of the Interior and the Secretary of Agriculture 

to enter into agreements with State and local governments to provide 

for the continued operation of public land, open air monuments and 

memorials, units of the National Park System, units of the National 

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

a lapse in appropriations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 6, 2018 

Mr. ISSA (for himself, Mr. RENACCI, Mr. DESJARLAIS, and Ms. NORTON) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To require the Secretary of the Interior and the Secretary 

of Agriculture to enter into agreements with State and 

local governments to provide for the continued operation 

of public land, open air monuments and memorials, units 

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

System during 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Monuments Protection 

3 Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

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

7 and administered for the use and enjoyment of 

8 present and future generations; 

9 (2) the National Park System (including Na10 tional Parks, National Monuments, and National 

11 Recreation Areas) is managed for the benefit and in12 spiration of all the people of the United States; 

13 (3) the National Wildlife Refuge System is ad14 ministered for the benefit of present and future gen15 erations of people in the United States, with priority 

16 consideration for compatible wildlife-dependent gen17 eral public uses of the National Wildlife Refuge Sys18 tem; 

19 (4) the National Forest System is dedicated to 

20 the long-term benefit of present and future genera21 tions; 

22 (5) the reopening and temporary operation and 

23 management of public land, the National Park Sys24 tem, the National Wildlife Refuge System, and the 

25 National Forest System using funds from States 

26 and political subdivisions of States during periods in 


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1 which the Federal Government is unable to operate 

2 and manage the areas at normal levels due to a 

3 lapse in appropriations is consistent with the values 

4 and purposes for which those areas were established; 

5 (6) any restriction of public access to national 

6 monuments, the National Park System, or the Na7 tional Wildlife Refuge System during a lapse in ap8 propriations, when such restriction is not necessary 

9 to comply with budgetary constraints and when an 

10 agency has not taken steps to mitigate restrictions 

11 on public access, shall be considered a direct viola12 tion of the purpose for which these lands and monu13 ments were established and entrusted to Federal 

14 agencies for management; and 

15 (7) Federal agencies that serve as the manage16 ment agency of national monuments, the National 

17 Park System, or the National Wildlife Refuge Sys18 tem have been entrusted with such properties to 

19 maintain and prioritize public access, including dur20 ing a lapse in appropriations. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

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

24 means— 

25 (A) public lands; 


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1 (B) units of the National Park System; 

2 (C) units of the National Wildlife Refuge 

3 System; 

4 (D) federally owned open air monuments 

5 and memorials; 

6 (E) units of the National Forest System; 

7 and 

8 (F) federally owned roads and off ramps 

9 on land described in subparagraphs (A) through 

10 (E). 

11 (2) PUBLIC LAND.—The term ‘‘public lands’’ 

12 has the meaning given that term in section 103 of 

13 the Federal Land Policy and Management Act of 

14 1976 (43 U.S.C. 1702). 

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

16 means— 

17 (A) the Secretary of the Interior, with re18 spect to land under the jurisdiction of the Sec19 retary of the Interior; or 

20 (B) the Secretary of Agriculture, with re21 spect to land under the jurisdiction of the Sec22 retary of Agriculture. 

23 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti24 ty’’ means the several States, the District of Colum25 bia, federally recognized Indian tribes, and terriVerDate Sep 11 2014 02:30 Feb 09, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4951.IH H4951

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1 tories and possessions of the United States, and po2 litical subdivisions thereof. 

3 SEC. 4. AGREEMENT TO OPERATE AND MANAGE COVERED 

4 UNIT DURING GOVERNMENT SHUTDOWN. 

5 (a) IN GENERAL.—Not later than 6 months after an 

6 eligible entity offers to enter into an agreement under this 

7 section, the Secretary shall enter into an agreement with 

8 that eligible entity under which the eligible entity shall as9 sume, in whole or in part, activities to resume or continue 

10 operations and public access to any covered unit during 

11 any period when those activities would not otherwise be 

12 carried out because there is— 

13 (1) a lapse in available Federal funds for all or 

14 part of the covered unit as a result of a failure to 

15 enact a regular appropriations bill or continuing res16 olution; or 

17 (2) insufficient Federal funds to operate all or 

18 part of the covered unit as a result of a failure of 

19 the Federal Government to make sufficient funds 

20 available for this purpose. 

21 (b) CONDITIONS.—Agreements entered into under 

22 this section— 

23 (1) shall only apply to a covered unit within the 

24 boundaries of the eligible entity that is a party to 

25 the agreement; 


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1 (2) may apply to all or part of a covered unit; 

2 (3) shall be for a term of not more than 5 

3 years, unless the 5-year term would expire during a 

4 period when the agreement is being actively imple5 mented, in which case the agreement shall expire at 

6 the conclusion of the lapse of funding (and related 

7 reimbursement) which precipitated the implementa8 tion; and 

9 (4) shall be in effect only during any period in 

10 which the Secretary is unable to operate and man11 age covered units at normal levels, as determined in 

12 accordance with the terms of agreement entered into 

13 under subsection (a). 

14 (c) COPIES OF AGREEMENTS.—A copy of each agree15 ment entered into under this section shall be— 

16 (1) kept by the Secretary, the eligible entity, 

17 and any other appropriate agency; and 

18 (2) available for inspection by Congress. 

19 (d) REIMBURSEMENT.—To the extent that funds are 

20 made available, through Acts of appropriation or other21 wise, for activities carried out by an eligible entity under 

22 an agreement entered into under this section, the Sec23 retary shall reimburse the eligible entity for costs ex24 pended by the eligible entity to carry out those activities. 


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1 SEC. 5. EXCEPTION. 

2 Notwithstanding section 4, the Secretary may restrict 

3 access to any covered unit for reasons of national security. 

4 SEC. 6. REPORT. 

5 For any instance in which the Secretary does not 

6 enter into an agreement after an offer under section 4, 

7 the Secretary shall submit to the Committee on Natural 

8 Resources of the House of Representatives and the Com9 mittee on Energy and Natural Resources of the Senate 

10 a report stating— 

11 (1) that an offer was made; 

12 (2) what eligible entity made the offer; 

13 (3) what the offer entailed; and 

14 (4) why the Secretary did not enter into an 

15 agreement pursuant to that offer. 

Æ 


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