I 
113TH CONGRESS 
1ST SESSION H. R. 3311 
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 
OCTOBER 23, 2013 
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 agree-
ments with States to allow continued operation of facili-
ties 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Provide Access and 
Retain Continuity Act’’ or the ‘‘PARC Act’’. 
SEC. 2. AGREEMENTS FOR CONTINUED OPERATION OF 
CERTAIN FACILITIES AND PROGRAMS. 
(a) IN GENERAL.—As soon as practical after the date 
of the enactment of this Act, the Secretary of the Interior 
(hereafter in this Act referred to as the ‘‘Secretary’’) shall 
enter into agreements with States that submit an agree-
ment that is approved under subsection (c) or (f) to pro-
vide for those States to conduct activities described in sec-
tion 3. Not later than 90 days after funds are made avail-
able to the Secretary, the Secretary shall reimburse States 
for eligible activities conducted by that State under an 
agreement entered into under this Act. 
(b) PETITION FOR AGREEMENT.—Beginning 30 days 
after the date of the enactment of this Act, a State may 
submit to the Secretary a petition to enter into an agree-
ment with the Secretary for purposes of conducting activi-
ties described in section 3. 
(c) DETERMINATION.—The Secretary shall approve 
or deny a petition (including a corrected petition that is 
resubmitted) submitted under this section not later than 
90 days after the date on which the Secretary receives the 
petition. 
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(d) DENIAL OF PETITION.—The Secretary shall ap-
prove a petition submitted under subsection (b) if the Sec-
retary determines that— 
(1) the petition is complete; 
(2) the proposed agreement submitted with the 
petition contains all of the terms required under 
subsection (g); or 
(3) the petition is from a State that had a pre-
vious agreement terminated and the Secretary deter-
mines that the reasons for that termination warrant 
denial of the new (or corrected) petition. 
(e) OPPORTUNITY TO AMEND PETITION.— 
(1) NOTICE OF DENIAL.—If the Secretary de-
nies a petition under subsection (b), the Secretary 
shall provide to the State that submitted such peti-
tion written notice of the denial. Such written notice 
shall include— 
(A) a clear and comprehensive statement 
of the reasons why the petition was denied; and 
(B) a clear and comprehensive description 
of any deficiencies in the petition or the related 
proposed agreement. 
(2) RESUBMISSION OF CORRECTED PETITION.— 
After receiving a notice from the Secretary under 
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paragraph (1), a State may amend and resubmit the 
denied petition. 
(f) PETITION
AND
AGREEMENT
DEEMED
AP-
PROVED.—If the Secretary does not approve or deny a pe-
tition submitted under subsection (b) or (e)(2) within 90 
days after receiving the petition, the petition and the pro-
posed agreement submitted with the petition shall be 
deemed approved. 
(g) PETITION CONTENTS.—A petition submitted 
under subsection (b) shall include— 
(1) a letter signed by the Governor of the State 
submitting such petition addressed to the Secretary 
that contains a description of the eligible activities 
that the State seeks to conduct; 
(2) the proposed agreement that is the subject 
of the petition; 
(3) documentation that demonstrates the ability 
of the State to conduct the eligible activities; 
(4) a statement that the State shall indemnify 
and hold the United States harmless for any action 
of negligence or gross negligence on the part of the 
State while conducting an eligible activity; and 
(5) any other documentation that the Secretary 
may require. 
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SEC. 3. ACTIVITIES ELIGIBLE FOR REIMBURSEMENT. 
The Secretary of the Interior shall reimburse States 
for non-Federal funds expended for activities that meet 
all of the following criteria: 
(1) The activity was conducted under a memo-
randum of understanding entered into under section 
2. 
(2) The activity was conducted during a time 
when the Federal Government was not conducting 
that activity due to the partial shutdown of the Fed-
eral Government that was the result of a lapse in 
appropriations. 
(3) The activity was necessary to operate one or 
more facilities or programs that the Secretary and 
the State have agreed, under the memorandum of 
understanding entered into under section 2, to have 
a direct economic impact on tourism, mining, tim-
ber, or general transportation in the State. 
(4) The activity was conducted in a manner and 
at a level not substantially greater in scope or cost 
than how the activity would have been conducted by 
the Federal Government. 
(5) The activity is not a settlement of or de-
fense against a claim of liability on the part of the 
State. 
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SEC. 4. WAIVER OF SOVEREIGN IMMUNITY. 
If any State brings an action in any court of the 
United States or any State court relating only and directly 
to enforcement of section 3 and names the United States 
as a party, any claim by the United States to sovereign 
immunity from the action is waived, but only for the lim-
ited and sole purpose of reimbursement to a State for non- 
Federal funds expended by or on behalf of that State for 
activities that meet all of the criteria listed in section 3. 
Æ 
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