S-145-114
Placed on Senate Legislative Calendar under General Orders. Calendar No. 204.
What it does
This bill would require the Director of the National Park Service (NPS) to reimburse any state that used its own funds to reopen and temporarily operate a National Park System unit during the October 2013 federal government shutdown. The reimbursements would be paid out of future NPS appropriations after the bill's enactment.
Who benefits
State governments that spent their own money to keep National Park units open during the October 2013 lapse in federal appropriations — including Utah, Colorado, Arizona, South Dakota, and New York, which were among the states that negotiated agreements with the federal government to reopen parks during the shutdown. State taxpayers in those states would indirectly benefit by having those state expenditures returned to state treasuries.
Who is hurt
Federal taxpayers broadly, as future NPS appropriations would be redirected to cover reimbursements rather than park operations, maintenance, or other NPS programs. Visitors and communities that depend on NPS-funded services could see reduced funding available for those purposes in the near term. States that did not reopen parks during the shutdown would receive no benefit while sharing in the federal cost.
Supporters argue
Supporters argue that states acted in good faith and in the public interest by stepping in to keep national parks open when the federal government failed to fund its own obligations. Requiring states to permanently absorb costs that are legally and historically a federal responsibility is unfair and sets a troubling precedent — it could discourage states from helping during future shutdowns if they cannot expect reimbursement. The amounts involved are relatively modest, and honoring these state expenditures is a straightforward matter of fiscal fairness between the federal government and its state partners.
Opponents argue
Opponents argue that states made a voluntary political choice to reopen parks and assumed financial risk knowingly, without a prior federal commitment to repay them. Using future NPS appropriations for reimbursements diverts money away from ongoing park operations, maintenance backlogs, and visitor services that benefit the general public. Critics also contend that reimbursing states for shutdown-related spending could create a moral hazard — encouraging states to intervene in future shutdowns with the expectation of federal repayment — thereby reducing political pressure on Congress to resolve funding disputes promptly.
Constitutional context
The bill operates under Congress's Spending Clause authority (Art. I, Sec. 8) and its power to manage federal property (Art. IV, Sec. 3, Property Clause). No major constitutional tension is present: Congress is directing the executive branch to make specific payments from appropriated funds, which is a routine exercise of the appropriations power. The Tenth Amendment is tangentially relevant, as the bill involves the federal-state fiscal relationship, but the payments are voluntary reimbursements rather than mandates on states. Post-Loper Bright (2024) deference questions are not implicated, as the bill directs the NPS Director with specificity rather than delegating broad interpretive authority.
Checks and balances
The bill shifts a narrow spending decision from executive discretion to a statutory mandate — the NPS Director would have no discretion to withhold reimbursements once the bill is enacted. Congress retains control through the appropriations process, as the reimbursements are funded from future NPS appropriations that Congress must still authorize. No significant realignment of branch authority is involved.
Historical precedent
The October 2013 federal government shutdown (16 days) prompted several states to sign agreements with the Department of the Interior to fund temporary park reopenings. This bill is a direct legislative response to that specific episode. No broad historical precedent for federal reimbursement of state shutdown-relief spending was identified.