Mr. President, when the government shuts its doors, public attention often falls on our national parks. This should be surprising to no one. Year after year, whenever anyone does a survey, they…
Mr. President, when the government shuts its doors, public attention often falls on our national parks. This should be surprising to no one. Year after year, whenever anyone does a survey, they discover the most popular and least popular parks of the Federal government. The answers tend to be the same.
As I recall, the least popular parks often focus on the IRS, for understandable reasons. For similarly understandable reasons, the most popular parks involve our National Park System. When the government shuts down, a lot of attention turns to them, as it should. The stark ``closed'' sign that barricades the entrance to our cherished parks is more than just a sign of circumstances where it arises during a shutdown. It is a palpable consequence of a government bereft of funds and a dysfunctional process in Congress that leads to that moment.
This issue is close to the hearts of a lot of people in a lot of parts of the country, but it is especially close to the hearts of people in my home State of Utah. Every State in this great Union, especially every State that is fortunate enough to be home to one or more of our Nation's national parks, has to deal with some of these issues in one way another.
To be clear, I abhor the notion of government shutdowns. They are neither my wish nor my aspiration. However, as the close of fiscal year 2023 approaches, a government shutdown looms very large on our horizon.
Utah, like many States, finds its identity intertwined with its magnificent landscapes and national parks. Zion, Bryce Canyon, Arches, Canyonlands, Capitol Reef--these are not just names on a map; they are proud symbols of our State, and local communities in many parts of Utah depend on them and depend on the traffic that comes in and out of those national parks. Visiting these parks isn't just about tourism; it is about livelihoods, our families, and our economic lifeblood.
The grim reality is that our communities will bear the brunt if these parks, in fact, close their gates due to a shutdown with no means to recuperate the loss. With 2 days left, my frustration mounts knowing the Department of the Interior has not updated its shutdown contingency plan for national parks since 2017. How can the Biden administration expect our communities to prepare without a blueprint for such eventualities?
In my recent communication with Secretary Haaland, I emphasized that numerous tools lie at her disposal to keep our parks functioning even during a shutdown. Using the Federal Lands Recreation Enhancement Act, or FLREA, as it is known, to harness nonappropriated fee revenues for essential park operations is a clear path and one that should be pursued here. After all, these very same funds ensure many parks remained open during the December 2018 to January 2019 shutdown. The Department of the Interior should also designate as ``essential'' as many park and land management employees as possible.
Yet it seems Interior would, instead, echo past mistakes, like those made in 2013 under the Obama administration, bending to radical environmental pressures and closing our parks under the pretense of ``resource conservation.''
This is not just unfortunate; it is inexcusable. In fact, it is deplorable, and it is completely avoidable. Because of such actions, several States, including Utah, were forced to dig into their own pockets to ensure their parks remained open in 2013, but when the shutdown concluded, there was no repayment. States like Utah, New York, Tennessee, South Dakota, Colorado, and Arizona were left holding the bill.
Utah alone spent $1.6 million to keep our parks operational for just about a week. Now, look, $1.6 million might seem like a drop in the bucket in the vast sea of overall Federal spending, but for States like Utah with a lot less money running through the State government than runs through our government every single year and where elected officials value prudent financial management to help keep their own citizens in a good position, every single dollar matters.
So this is not something we should foist upon the States.
We know at the outset that people are going to continue to visit national parks. There is no legitimate reason, knowing that they are the single most popular feature of the Federal Government, arbitrarily to decide at the outset that we are going to close those. In many instances, they had to erect barriers to keep people out--sort of the opposite of what you would expect to occur during a shutdown. So let's keep them open.
We know, in any event, that any furloughed staff within the Park Service will be repaid, along with the rest of the government workers, once the shutdown ends. Knowing that, as we do, and knowing that these States and their communities are so dependent, as they are, on revenue related to visitors going to national parks and that those States, being that dependent, are going to cover the tab, the Federal Government shouldn't be in the position of riding on these States' generosity, on their dependence on the national parks, simply by saying: Yes, you know what, we are going to furlough these workers, allow them to shut down, allow the States to run the parks at great expense to those States, and then not pay them back.
No, this is unacceptable.
This is a pretty unique circumstance in which the risk of a free- rider action calls out for precautionary action on our part.
So my bill on this subject is very simple. It just mandates that the Secretary of the Interior must repay States that spend their own funds to maintain national parks in the event of a shutdown. It is about responsibility, accountability, and most importantly, doing what is right.
Our national parks must remain open, not just for the enjoyment of our citizens but for the survival of the communities that are near them and whose economies revolve around them.
To that end, I ask unanimous consent that the Senate proceed to the immediate consideration of S. 2972, which is at the desk; further, that the bill be considered read a third time and passed; and that the motion to reconsider be considered made and laid upon the table.
Mr. President, I am disappointed that we weren't able to get this done today. It is hard for me to conceive of a legitimate reason sounding in public policy why we wouldn't want to make sure that we hold harmless those States bold enough, brave
enough, conscientious enough to protect their own citizenry and accessibility to national parks within their boundaries.
There are a lot of blessings that come from having these mighty five national parks in the State of Utah. I love each and every one of them. I can tell you, there are things about every one that are unique and that I love. We are always told how lucky we are--and we, indeed, are-- to have these beautiful features in our State and to have national parks.
It is insulting to the citizens of a State when the Federal Government owns two-thirds of the land mass in our State. Most of that land mass is, of course, not national parkland. Most of it doesn't even look like national parkland. Most of it is not terribly remarkable one way or another. When you add up all that land--and it is 67 percent of the State of Utah--that means we can't tax that land; that means we can't access that land except with a massive ``Mother may I?'' from the Federal Government, which is very often far too difficult to get.
Because we can't collect property taxes on that land because of its Federal ownership, that impoverishes our schools, impairing our ability to fund everything from first responders, search and rescue, ambulance services, schools--you name it, it is hard for us to fund. There are counties in the State of Utah where the Federal Government owns 90-plus percent of the land, which makes it almost impossible for us to operate.
To add to all of this by saying, ``Oh, by the way, during a government shutdown, we are going to shut down the single most popular feature of the Federal Government, the only part the American people really like right now, just because we can, and then we are going to pay our own employees to not work for however many days or weeks the government remains shut down--and, sure, we will let you run all of that, States, if you are concerned about it, if your economy and your people depend on it. But even though we will pay back our own employees, we are not going to pay you back.''
This is wrong, and if this is how they are going to treat us, we need to have a really long, hard, overdue discussion about the question, how much land should the Federal Government own in any particular State?
At the time of statehood, there was an understanding made at least implicitly, if not explicitly, in Utah's Enabling Act consistent with language inserted into the enabling acts of nearly every State added into the Union since the Louisiana Purchase. It was our understanding that we, too, would have this opportunity to have unincorporated Federal land within our State boundaries eventually sold. Most of it would be sold if it were not dedicated to another Federal purpose. With the sale of that land would come a percentage that would flow into a trust fund dedicated for the benefit of the State's public education system.
That language inserted into the enabling legislation of nearly every State added since the Louisiana Purchase has been honored. It was honored throughout the Southeast, throughout the Midwest. But they stopped honoring it when they got to the Rocky Mountains. I am not sure exactly why, but this is exactly the kind of reason why we need to have this discussion.
We are told that we can't tax that land that impoverishes us, that causes all kinds of other problems. They try to offset that through a program called PILT, payment in lieu of taxes. They give the counties, the taxing jurisdictions, pennies on every dollar for what they would otherwise get.
But the lost tax revenue is just the beginning of the problem if we are looking at property taxes. It is not just the lost tax revenue from what they would get for taxing that land at the lowest greenbelt rate; it is the lost economic activity that could and would otherwise apply there if they didn't own so much land.
Look, think about this for a minute. If any private employer, individual, or corporation owned more than--I don't know--5 or 10 percent of the land mass in your State, people would get nervous, and understandably, justifiably so. We understandably fear the excessive accumulation of power, whether it is economic or political, in the hands of a few. Somebody who owns that much of any State's land has the ability to determine that State's destiny.
It gets even worse if that landowner is not a corporation or a nonprofit or an individual or a family but, instead, a sovereign government that declares itself exempt from taxation and disallows the people from doing anything on that land without its permission, growing more penurious by the day in whom they allow onto the land and to do what.
This conversation is long overdue, and it is situations like this where the Senator from Washington tragically was unable, unwilling even to allow these tiny crumbs to drop from the table of the large Federal trough. This is wrong. Her arguments are indefensible, suggesting that somehow anyone who doesn't vote for this continuing resolution, negotiated in secret by exactly two Senators, that she knows darn well can't pass--otherwise, they would be passing it right away. It can't pass because it has deep flaws in it.
For her to blame those few of us who voted against it because of those serious problems and the way it was written and the fact that we are now being told that the leader is filling the tree, which means that we are not going to have any effective opportunity even to amend the bill--this is the same bill that was released to us about 30 minutes before we were called to vote on it, about 80 pages of dense reading material that includes countless cross-references; takes at least, I don't know, 48 hours even with trained staff, who are trained to look through these things, to really understand what is in them.
Shame on all of us if we think this is a legitimate process, and shame on this institution if it thinks it is OK to treat Western States, where most of the land is Federal, this badly.
I will be back.
I yield the floor.