Title: Monuments Protection Act
Policy area: Public Lands and Natural Resources

Summary:
Monuments Protection Act
This bill directs the Departments of the Interior and Agriculture (USDA) to enter into an agreement with a state, the District of Columbia, a federally recognized Indian tribe, a U.S. territory or possession, or a political subdivision that offers to assume activities to resume or continue operations and public access to any covered unit when those activities would not otherwise be carried out: (1) because there is a lapse in available federal funds as a result of a failure to enact appropriations, or (2) because of a failure of the federal government to make sufficient funds available to operate such unit.
The bill defines a "covered unit" to mean:
The bill requires Interior and USDA to reimburse an entity for such activities once funds are made available.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4951 Introduced in House (IH)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Monuments Protection Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) public land in the United States is managed and 
        administered for the use and enjoyment of present and future 
        generations;
            (2) the National Park System (including National Parks, 
        National Monuments, and National Recreation Areas) is managed 
        for the benefit and inspiration of all the people of the United 
        States;
            (3) the National Wildlife Refuge System is administered for 
        the benefit of present and future generations of people in the 
        United States, with priority consideration for compatible 
        wildlife-dependent general public uses of the National Wildlife 
        Refuge System;
            (4) the National Forest System is dedicated to the long-
        term benefit of present and future generations;
            (5) the reopening and temporary operation and management of 
        public land, the National Park System, the National Wildlife 
        Refuge System, and the National Forest System using funds from 
        States and political subdivisions of States during periods in 
        which the Federal Government is unable to operate and manage 
        the areas at normal levels due to a lapse in appropriations is 
        consistent with the values and purposes for which those areas 
        were established;
            (6) any restriction of public access to national monuments, 
        the National Park System, or the National Wildlife Refuge 
        System during a lapse in appropriations, when such restriction 
        is not necessary to comply with budgetary constraints and when 
        an agency has not taken steps to mitigate restrictions on 
        public access, shall be considered a direct violation of the 
        purpose for which these lands and monuments were established 
        and entrusted to Federal agencies for management; and
            (7) Federal agencies that serve as the management agency of 
        national monuments, the National Park System, or the National 
        Wildlife Refuge System have been entrusted with such properties 
        to maintain and prioritize public access, including during a 
        lapse in appropriations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Covered unit.--The term ``covered unit'' means--
                    (A) public lands;
                    (B) units of the National Park System;
                    (C) units of the National Wildlife Refuge System;
                    (D) federally owned open air monuments and 
                memorials;
                    (E) units of the National Forest System; and
                    (F) federally owned roads and off ramps on land 
                described in subparagraphs (A) through (E).
            (2) Public land.--The term ``public lands'' has the meaning 
        given that term in section 103 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1702).
            (3) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of the Interior, with respect to 
                land under the jurisdiction of the Secretary of the 
                Interior; or
                    (B) the Secretary of Agriculture, with respect to 
                land under the jurisdiction of the Secretary of 
                Agriculture.
            (4) Eligible entity.--The term ``eligible entity'' means 
        the several States, the District of Columbia, federally 
        recognized Indian tribes, and territories and possessions of 
        the United States, and political subdivisions thereof.

SEC. 4. AGREEMENT TO OPERATE AND MANAGE COVERED UNIT DURING GOVERNMENT 
              SHUTDOWN.

    (a) In General.--Not later than 6 months after an eligible entity 
offers to enter into an agreement under this section, the Secretary 
shall enter into an agreement with that eligible entity under which the 
eligible entity shall assume, in whole or in part, activities to resume 
or continue operations and public access to any covered unit during any 
period when those activities would not otherwise be carried out because 
there is--
            (1) a lapse in available Federal funds for all or part of 
        the covered unit as a result of a failure to enact a regular 
        appropriations bill or continuing resolution; or
            (2) insufficient Federal funds to operate all or part of 
        the covered unit as a result of a failure of the Federal 
        Government to make sufficient funds available for this purpose.
    (b) Conditions.--Agreements entered into under this section--
            (1) shall only apply to a covered unit within the 
        boundaries of the eligible entity that is a party to the 
        agreement;
            (2) may apply to all or part of a covered unit;
            (3) shall be for a term of not more than 5 years, unless 
        the 5-year term would expire during a period when the agreement 
        is being actively implemented, in which case the agreement 
        shall expire at the conclusion of the lapse of funding (and 
        related reimbursement) which precipitated the implementation; 
        and
            (4) shall be in effect only during any period in which the 
        Secretary is unable to operate and manage covered units at 
        normal levels, as determined in accordance with the terms of 
        agreement entered into under subsection (a).
    (c) Copies of Agreements.--A copy of each agreement entered into 
under this section shall be--
            (1) kept by the Secretary, the eligible entity, and any 
        other appropriate agency; and
            (2) available for inspection by Congress.
    (d) Reimbursement.--To the extent that funds are made available, 
through Acts of appropriation or otherwise, for activities carried out 
by an eligible entity under an agreement entered into under this 
section, the Secretary shall reimburse the eligible entity for costs 
expended by the eligible entity to carry out those activities.

SEC. 5. EXCEPTION.

    Notwithstanding section 4, the Secretary may restrict access to any 
covered unit for reasons of national security.

SEC. 6. REPORT.

    For any instance in which the Secretary does not enter into an 
agreement after an offer under section 4, the Secretary shall submit to 
the Committee on Natural Resources of the House of Representatives and 
the Committee on Energy and Natural Resources of the Senate a report 
stating--
            (1) that an offer was made;
            (2) what eligible entity made the offer;
            (3) what the offer entailed; and
            (4) why the Secretary did not enter into an agreement 
        pursuant to that offer.
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