Washington Examiner

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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