Barrasso urges parks to remain open during shutdown, despite legality concerns.
Senator Barrasso Urges Interior Secretary to Keep National Parks Open During Government Shutdown
In a bold move, Senator John Barrasso is calling on Interior Secretary Deb Haaland to ensure that national parks and public lands remain accessible even in the event of a government shutdown. Barrasso, the ranking member on the Senate Energy and Natural Resources Committee, is proposing a method that was previously deemed illegal during the Trump administration.
In a letter sent on Wednesday, Barrasso urged the Interior Department to utilize visitor fees collected under the Federal Lands Recreation Enhancement Act (FLREA) to keep parks open if funding becomes insufficient after the September 30 government funding deadline. He cited the precedent set during the December 2018 shutdown when then-acting Interior Secretary David Bernhardt tapped into these fees to keep national parks operational.
Prioritizing Public Access and Environmental Preservation
Barrasso emphasized the responsibility of the Interior Secretary to ensure that people have the opportunity to enjoy parks while safeguarding visitor health, safety, and the environment for future generations. He called for the parks and public lands to remain open and accessible during a shutdown to prevent irreversible environmental damage.
During the previous shutdown, the National Park Service utilized FLREA funds to cover visitor services and law enforcement costs, allowing the parks to remain open. However, the nonpartisan Government Accountability Office (GAO) later issued a legal opinion stating that the Trump administration had violated the law by using these fees for purposes other than supporting visitor services, operations, and maintenance.
The GAO’s opinion highlighted that this approach violated both FLREA and the Antideficiency Act, which restricts agencies from redirecting funds without congressional approval.
Accountability and Future Actions
Although the GAO recommended that Interior report the violation to Congress and take necessary actions to prevent future violations, no charges were filed. However, the agency warned that any future violations would be considered “knowing and willful” and could result in penalties of up to $5,000 and two years in prison.
While the GAO’s legal opinion does not bind the executive branch due to the separation of powers doctrine, Interior rejected the analysis, asserting that it had acted within its legal authority. The Office of Budget and Management also supported Interior’s interpretation of FLREA authority.
Senator Barrasso’s request for further information includes an accounting of FLREA funds available for visitor services during a shutdown, a contingency plan to fund park services if appropriations run out, and a list of parks without fees or insufficient balances, along with a proposed expenditure plan to address funding shortfalls.
The Interior Department has declined to comment on the matter.
What negative impacts do the closures of national parks have on local economies that depend on tourism revenue?
Are able to access and enjoy the national parks and public lands, which belong to all Americans, even during a government shutdown. He argued that the closure of national parks due to a lack of funding not only deprives citizens of their right to enjoy these natural treasures but also has a negative impact on local economies that depend on tourism revenue.
Moreover, the Senator stressed the importance of preserving and protecting our national parks and public lands. He acknowledged the efforts made by the Interior Department to maintain these areas during previous shutdowns but expressed concern that the current interpretation of the Antideficiency Act (ADA) prevents visitor fees from being used to fund park operations in the absence of appropriations.
Challenging the Previous Administration’s Interpretation of the Law
Barrasso highlighted the legality of using visitor fees under the FLREA to support park operations during a shutdown. He argued that the Trump administration’s interpretation of the ADA, which deemed such actions illegal, was flawed. He cited the 2018 precedent set by then-acting Interior Secretary David Bernhardt, who used these fees to keep national parks accessible during the government shutdown at that time.
Furthermore, Barrasso noted that Congress has shown bipartisan support for legislation to clarify the ADA’s provisions regarding funding for national parks during a shutdown. He urged Secretary Haaland to work with Congress to amend the law and ensure that visitor fees can be used to keep parks open and operational during future funding gaps.
A Call for Consistency and Accountability
The Senator emphasized the need for consistency in funding and policy when it comes to national parks and public lands. He argued that the closure of these areas during a government shutdown creates confusion and uncertainty for visitors, park staff, and local communities.
Additionally, Barrasso called for greater accountability in the management of visitor fees. He urged the Interior Department to provide transparent reporting on the collection and utilization of these fees so that the public can have confidence in their use and understand how they contribute to the maintenance and improvement of national parks.
The Future of National Parks and Public Lands
In conclusion, Senator Barrasso’s letter to Interior Secretary Haaland emphasizes the importance of keeping national parks and public lands open and accessible during a government shutdown. He calls for a revised interpretation of the ADA that allows visitor fees to be used for park operations and urges greater consistency in funding and policy.
By prioritizing public access and environmental preservation, Barrasso seeks to ensure that future generations can enjoy and benefit from the natural wonders of our national parks. He calls on Secretary Haaland to work with Congress and the Biden administration to address these concerns and establish a clear and accountable framework for the management of national parks and public lands during government shutdowns.
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