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.

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 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- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 21:45 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8864.IH H8864 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 8864 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Provide Access and 2 Retain Continuity Act’’ or the ‘‘PARC Act’’. 3 SEC. 2. AGREEMENTS FOR CONTINUED OPERATION OF 4 CERTAIN FACILITIES AND PROGRAMS. 5 (a) IN GENERAL.—As soon as practical after the date 6 of the enactment of this Act, the Secretary of the Interior 7 (hereafter in this Act referred to as the ‘‘Secretary’’) shall 8 enter into agreements with States that submit an agree- 9 ment that is approved under subsection (c) or (f) to pro- 10 vide for those States to conduct activities described in sec- 11 tion 3. Not later than 90 days after funds are made avail- 12 able to the Secretary, the Secretary shall reimburse States 13 for eligible activities conducted by that State under an 14 agreement entered into under this Act. 15 (b) PETITION FOR AGREEMENT.—Beginning 30 days 16 after the date of the enactment of this Act, a State may 17 submit to the Secretary a petition to enter into an agree- 18 ment with the Secretary for purposes of conducting activi- 19 ties described in section 3. 20 (c) DETERMINATION.—The Secretary shall approve 21 or deny a petition (including a corrected petition that is 22 resubmitted) submitted under this section not later than 23 90 days after the date on which the Secretary receives the 24 petition. 25 VerDate Sep 11 2014 21:45 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8864.IH H8864 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 8864 IH (d) DENIAL OF PETITION.—The Secretary shall ap- 1 prove a petition submitted under subsection (b) if the Sec- 2 retary determines that— 3 (1) the petition is complete; 4 (2) the proposed agreement submitted with the 5 petition contains all of the terms required under 6 subsection (g); or 7 (3) the petition is from a State that had a pre- 8 vious agreement terminated and the Secretary deter- 9 mines that the reasons for that termination warrant 10 denial of the new (or corrected) petition. 11 (e) OPPORTUNITY TO AMEND PETITION.— 12 (1) NOTICE OF DENIAL.—If the Secretary de- 13 nies a petition under subsection (b), the Secretary 14 shall provide to the State that submitted such peti- 15 tion written notice of the denial. Such written notice 16 shall include— 17 (A) a clear and comprehensive statement 18 of the reasons why the petition was denied; and 19 (B) a clear and comprehensive description 20 of any deficiencies in the petition or the related 21 proposed agreement. 22 (2) RESUBMISSION OF CORRECTED PETITION.— 23 After receiving a notice from the Secretary under 24 VerDate Sep 11 2014 21:45 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8864.IH H8864 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 8864 IH paragraph (1), a State may amend and resubmit the 1 denied petition. 2 (f) PETITION AND AGREEMENT DEEMED AP- 3 PROVED.—If the Secretary does not approve or deny a pe- 4 tition submitted under subsection (b) or (e)(2) within 90 5 days after receiving the petition, the petition and the pro- 6 posed agreement submitted with the petition shall be 7 deemed approved. 8 (g) PETITION CONTENTS.—A petition submitted 9 under subsection (b) shall include— 10 (1) a letter signed by the Governor of the State 11 submitting such petition addressed to the Secretary 12 that contains a description of the eligible activities 13 that the State seeks to conduct; 14 (2) the proposed agreement that is the subject 15 of the petition; 16 (3) documentation that demonstrates the ability 17 of the State to conduct the eligible activities; 18 (4) a statement that the State shall indemnify 19 and hold the United States harmless for any action 20 of negligence or gross negligence on the part of the 21 State while conducting an eligible activity; and 22 (5) any other documentation that the Secretary 23 may require. 24 VerDate Sep 11 2014 21:45 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8864.IH H8864 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 8864 IH SEC. 3. ACTIVITIES ELIGIBLE FOR REIMBURSEMENT. 1 The Secretary of the Interior shall reimburse States 2 for non-Federal funds expended for activities that meet 3 all of the following criteria: 4 (1) The activity was conducted under a memo- 5 randum of understanding entered into under section 6 2. 7 (2) The activity was conducted during a time 8 when the Federal Government was not conducting 9 that activity due to the partial shutdown of the Fed- 10 eral Government that was the result of a lapse in 11 appropriations. 12 (3) The activity was necessary to operate one or 13 more facilities or programs that the Secretary and 14 the State have agreed, under the memorandum of 15 understanding entered into under section 2, to have 16 a direct economic impact on tourism, mining, tim- 17 ber, or general transportation in the State. 18 (4) The activity was conducted in a manner and 19 at a level not substantially greater in scope or cost 20 than how the activity would have been conducted by 21 the Federal Government. 22 (5) The activity is not a settlement of or de- 23 fense against a claim of liability on the part of the 24 State. 25 VerDate Sep 11 2014 21:45 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8864.IH H8864 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 8864 IH SEC. 4. WAIVER OF SOVEREIGN IMMUNITY. 1 If any State brings an action in any court of the 2 United States or any State court relating only and directly 3 to enforcement of section 3 and names the United States 4 as a party, any claim by the United States to sovereign 5 immunity from the action is waived, but only for the lim- 6 ited and sole purpose of reimbursement to a State for non- 7 Federal funds expended by or on behalf of that State for 8 activities that meet all of the criteria listed in section 3. 9 Æ VerDate Sep 11 2014 21:45 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H8864.IH H8864 pamtmann on DSKBC07HB2PROD with BILLS