[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8864 Introduced in House (IH)]

<DOC>






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.

    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 ``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 agreement that is approved under subsection (c) 
or (f) to provide for those States to conduct activities described in 
section 3. Not later than 90 days after funds are made available 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 agreement with the Secretary for purposes of 
conducting activities 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.
    (d) Denial of Petition.--The Secretary shall approve a petition 
submitted under subsection (b) if the Secretary 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 previous 
        agreement terminated and the Secretary determines 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 denies a petition 
        under subsection (b), the Secretary shall provide to the State 
        that submitted such petition 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 paragraph (1), a State may 
        amend and resubmit the denied petition.
    (f) Petition and Agreement Deemed Approved.--If the Secretary does 
not approve or deny a petition submitted under subsection (b) or (e)(2) 
within 90 days after receiving the petition, the petition and the 
proposed 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.

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 memorandum 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 Federal 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, timber, 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 defense against 
        a claim of liability on the part of the State.

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 
limited 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.
                                 <all>