[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 146 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 146

    To authorize the Secretary of the Interior or the Secretary of 
    Agriculture to enter into agreements with States and political 
subdivisions of States providing for the continued operation, in whole 
or in part, of public land, units of the National Park System, units of 
 the National Wildlife Refuge System, and units of the National Forest 
  System in the State during any period in which the Secretary of the 
 Interior or the Secretary of Agriculture is unable to maintain normal 
level of operations at the units due to a lapse in appropriations, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 12, 2015

Mr. Flake (for himself, Mr. Lee, Mr. McCain, and Mr. Hatch) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To authorize the Secretary of the Interior or the Secretary of 
    Agriculture to enter into agreements with States and political 
subdivisions of States providing for the continued operation, in whole 
or in part, of public land, units of the National Park System, units of 
 the National Wildlife Refuge System, and units of the National Forest 
  System in the State during any period in which the Secretary of the 
 Interior or the Secretary of Agriculture is unable to maintain normal 
level of operations at the units due to 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 ``Public Access to Public Land 
Guarantee 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; and
            (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.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Covered unit.--The term ``covered unit'' means--
                    (A) public land;
                    (B) units of the National Park System;
                    (C) units of the National Wildlife Refuge System; 
                or
                    (D) units of the National Forest System.
            (2) Public land.--The term ``public land'' has the meaning 
        given the term ``public lands'' 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.

SEC. 4. AGREEMENT TO KEEP PUBLIC LAND OPEN DURING A GOVERNMENT 
              SHUTDOWN.

    (a) In General.--Subject to subsection (b), if a State or political 
subdivision of the State offers, the Secretary shall enter into an 
agreement with the State or political subdivision of the State under 
which the United States may accept funds from the State or political 
subdivision of the State to reopen, in whole or in part, any covered 
unit within the State or political subdivision of the State during any 
period in which there is a lapse in appropriations for the covered 
unit.
    (b) Applicability.--The authority under subsection (a) shall only 
be in effect 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) Refund.--The Secretary shall refund to the State or political 
subdivision of the State all amounts provided to the United States 
under an agreement entered into under subsection (a)--
            (1) on the date of enactment of an Act retroactively 
        appropriating amounts sufficient to maintain normal operating 
        levels at the covered unit reopened under an agreement entered 
        into under subsection (a); or
            (2) on the date on which the State or political subdivision 
        establishes, in accordance with the terms of the agreement, 
        that, during the period in which the agreement was in effect, 
        fees for entrance to, or use of, the covered units were 
        collected by the Secretary.
    (d) Voluntary Reimbursement.--If the requirements for a refund 
under subsection (c) are not met, the Secretary may, subject to the 
availability of appropriations, reimburse the State and political 
subdivision of the State for any amounts provided to the United States 
by the State or political subdivision under an agreement entered into 
under subsection (a).
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