I 

116TH CONGRESS 

2D SESSION H. R. 8864 

To direct the Secretary of the Interior to enter into agreements with States 

to allow continued operation of facilities and programs that have been 

determined to have a direct economic impact on tourism, mining, timber, 

or general transportation in the State and which would otherwise cease 

operating, in whole or in part, during a Federal Government shutdown 

that is the result of a lapse in appropriations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 3, 2020 

Mr. STEWART introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To direct the Secretary of the Interior to enter into agreements with States to allow continued operation of facilities and programs that have been determined to have 

a direct economic impact on tourism, mining, timber, 

or general transportation in the State and which would 

otherwise cease operating, in whole or in part, during 

a Federal Government shutdown that is the result of 

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 ‘‘Provide Access and 

3 Retain Continuity Act’’ or the ‘‘PARC Act’’. 

4 SEC. 2. AGREEMENTS FOR CONTINUED OPERATION OF 

5 CERTAIN FACILITIES AND PROGRAMS. 

6 (a) IN GENERAL.—As soon as practical after the date 

7 of the enactment of this Act, the Secretary of the Interior 

8 (hereafter in this Act referred to as the ‘‘Secretary’’) shall 

9 enter into agreements with States that submit an agree10 ment that is approved under subsection (c) or (f) to pro11 vide for those States to conduct activities described in sec12 tion 3. Not later than 90 days after funds are made avail13 able to the Secretary, the Secretary shall reimburse States 

14 for eligible activities conducted by that State under an 

15 agreement entered into under this Act. 

16 (b) PETITION FOR AGREEMENT.—Beginning 30 days 

17 after the date of the enactment of this Act, a State may 

18 submit to the Secretary a petition to enter into an agree19 ment with the Secretary for purposes of conducting activi20 ties described in section 3. 

21 (c) DETERMINATION.—The Secretary shall approve 

22 or deny a petition (including a corrected petition that is 

23 resubmitted) submitted under this section not later than 

24 90 days after the date on which the Secretary receives the 

25 petition. 


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1 (d) DENIAL OF PETITION.—The Secretary shall ap2 prove a petition submitted under subsection (b) if the Sec3 retary determines that— 

4 (1) the petition is complete; 

5 (2) the proposed agreement submitted with the 

6 petition contains all of the terms required under 

7 subsection (g); or 

8 (3) the petition is from a State that had a pre9 vious agreement terminated and the Secretary deter10 mines that the reasons for that termination warrant 

11 denial of the new (or corrected) petition. 

12 (e) OPPORTUNITY TO AMEND PETITION.— 

13 (1) NOTICE OF DENIAL.—If the Secretary de14 nies a petition under subsection (b), the Secretary 

15 shall provide to the State that submitted such peti16 tion written notice of the denial. Such written notice 

17 shall include— 

18 (A) a clear and comprehensive statement 

19 of the reasons why the petition was denied; and 

20 (B) a clear and comprehensive description 

21 of any deficiencies in the petition or the related 

22 proposed agreement. 

23 (2) RESUBMISSION OF CORRECTED PETITION.— 

24 After receiving a notice from the Secretary under 


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1 paragraph (1), a State may amend and resubmit the 

2 denied petition. 

3 (f) PETITION AND AGREEMENT DEEMED AP4 PROVED.—If the Secretary does not approve or deny a pe5 tition submitted under subsection (b) or (e)(2) within 90 

6 days after receiving the petition, the petition and the pro7 posed agreement submitted with the petition shall be 

8 deemed approved. 

9 (g) PETITION CONTENTS.—A petition submitted 

10 under subsection (b) shall include— 

11 (1) a letter signed by the Governor of the State 

12 submitting such petition addressed to the Secretary 

13 that contains a description of the eligible activities 

14 that the State seeks to conduct; 

15 (2) the proposed agreement that is the subject 

16 of the petition; 

17 (3) documentation that demonstrates the ability 

18 of the State to conduct the eligible activities; 

19 (4) a statement that the State shall indemnify 

20 and hold the United States harmless for any action 

21 of negligence or gross negligence on the part of the 

22 State while conducting an eligible activity; and 

23 (5) any other documentation that the Secretary 

24 may require. 


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1 SEC. 3. ACTIVITIES ELIGIBLE FOR REIMBURSEMENT. 

2 The Secretary of the Interior shall reimburse States 

3 for non-Federal funds expended for activities that meet 

4 all of the following criteria: 

5 (1) The activity was conducted under a memo6 randum of understanding entered into under section 

7 2. 

8 (2) The activity was conducted during a time 

9 when the Federal Government was not conducting 

10 that activity due to the partial shutdown of the Fed11 eral Government that was the result of a lapse in 

12 appropriations. 

13 (3) The activity was necessary to operate one or 

14 more facilities or programs that the Secretary and 

15 the State have agreed, under the memorandum of 

16 understanding entered into under section 2, to have 

17 a direct economic impact on tourism, mining, tim18 ber, or general transportation in the State. 

19 (4) The activity was conducted in a manner and 

20 at a level not substantially greater in scope or cost 

21 than how the activity would have been conducted by 

22 the Federal Government. 

23 (5) The activity is not a settlement of or de24 fense against a claim of liability on the part of the 

25 State. 


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1 SEC. 4. WAIVER OF SOVEREIGN IMMUNITY. 

2 If any State brings an action in any court of the 

3 United States or any State court relating only and directly 

4 to enforcement of section 3 and names the United States 

5 as a party, any claim by the United States to sovereign 

6 immunity from the action is waived, but only for the lim7 ited and sole purpose of reimbursement to a State for non8 Federal funds expended by or on behalf of that State for 

9 activities that meet all of the criteria listed in section 3. 

Æ 


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