Provide Access and Retain Continuity Act or the PARC Act - Directs the Secretary of the Interior to enter into agreements with, and provide reimbursement to, states to conduct activities determined to have a direct economic impact on tourism, mining, timber, or general transportation in the state that are otherwise not being conducted by the federal government during a partial shutdown of the federal government due to a lapse in appropriations.
Requires the Secretary to approve or deny a petition for such an agreement not later than 90 days after receiving it and deems such petition approved if the Secretary does not act on it within the 90-day period.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3311 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3311
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
October 23, 2013
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.
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Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Public Lands and Environmental Regulation.
Referred to the Subcommittee on Energy and Mineral Resources.
Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs.
Subcommittee Hearings Held.
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