79–010

Calendar No. 854

106TH CONGRESS REPORT

2d Session " ! SENATE 106–432

EXCHANGE OF LAND AT THE GEORGE WASHINGTON

MEMORIAL PARKWAY

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2000.—Ordered to be printed

Mr. MURKOWSKI, from the Committee on Energy and Natural

Resources, submitted the following

REPORT

[To accompany S. 3000]

The Committee on Energy and Natural Resources, to which was

referred the bill (S. 3000) to authorize the exchange of land between the Secretary of the Interior and the Director of the Central

Intelligence Agency at the George Washington Memorial Parkway

in McLean, Virginia, and for other purposes, having considered the

same, reports favorably thereon with an amendment and an

amendment to the title and recommends that the bill, as amended,

do pass.

The amendments are as follows:

1. Strike out all after the enacting clause and insert in lieu

thereof the following:

SECTION 1. AUTHORIZATION OF LAND EXCHANGE.

(a) IN GENERAL.—Subject to section 2, the Secretary of the Interior (referred to

in this Act as the ‘‘Secretary’’) and the Director of Central Intelligence (referred to

in this Act as the ‘‘Director’’) may exchange—

(1) approximately 1.74 acres of land under the jurisdiction of the Department

of the Interior within the boundary of the George Washington Memorial Parkway, as depicted on National Park Service Drawing No. 850/81992, dated August 6, 1998; for

(2) approximately 2.92 acres of land under the jurisdiction of the Central Intelligence Agency adjacent to the boundary of the George Washington Memorial

Parkway, depicted on National Park Service Drawing No. 850/81991, Sheet 1,

dated August 6, 1998.

(b) PUBLIC INSPECTION.—The drawings referred to in subsection (a) shall be available for public inspection in the appropriate offices of the National Park Service.

SEC. 2. CONDITIONS OF LAND EXCHANGE.

(a) NO REIMBURSEMENT OR CONSIDERATION.—The exchange described in section

1 shall occur without reimbursement or consideration.

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(b) PUBLIC ACCESS FOR MOTOR VEHICLE TURN-AROUND.—The Director shall allow

public access to the land described in section 1(a)(1) for a motor vehicle turn-around

on the George Washington Memorial Parkway.

(c) TURNER-FAIRBANK HIGHWAY RESEARCH CENTER.—The Director shall allow access to the land described in section 1(a)(1) by—

(1) employees of the Federal Highway Administration; and

(2) other Federal employees and visitors whose admission to the TurnerFairbank Highway Research Center of the Federal Highway Administration

(hereinafter referred to in this Act as the ‘‘Center’’) is authorized by the Center.

(d) CLOSURE TO PROTECT CENTRAL INTELLIGENCE AGENCY.— (1) IN GENERAL.—Subject to paragraphs (2) and (3) and notwithstanding any

other provision of this section, the Director may close access to the land described in section 1(a)(1) to all persons (other than the United States Park Police, other necessary employees of the National Park Service, and employees of

the Federal Highway Administration) if the Director determines that physical

security conditions require the closure to protect employees or property of the

Central Intelligence Agency.

(2) TIME LIMITATION.—The Director may not close access to the land under

paragraph (1) for more than 12 hours during any 24-hour period unless the Director consults with the National Park Service, the Center, and the United

States Park Police.

(3) TURNER-FAIRBANK HIGHWAY RESEARCH CENTER.—No action shall be taken

under this subsection to diminish access to the land described in section 1(a)(1)

by employees of the Federal Highway Administration except when the action is

taken for security reasons.

(e) DEED RESTRICTIONS.—The Director shall ensure compliance by the Central Intelligence Agency with the deed restrictions that apply to the land described in section 1(a)(1).

(f) INTERAGENCY AGREEMENT.—The Secretary and the Director shall comply with

the terms and conditions of the Interagency Agreement between the National Park

Service and the Central Intelligence Agency, signed in 1998, regarding the exchange

and management of the land subject to the Agreement.

(g) DEADLINE.—the Secretary and the Director shall complete the exchange authorized by this section not later than 120 days after the date of enactment of this

Act.

SEC. 3. MANAGEMENT OF EXCHANGED LANDS.

(a) LAND CONVEYED TO SECRETARY.—Any land described in section 1(a)(2) that is

conveyed to the Secretary shall be—

(1) included within the boundary of the George Washington Memorial Parkway; and

(2) administered by the National Park Service as part of the Parkway, subject

to the laws (including regulations) applicable to the Parkway.

(b) LAND CONVEYED TO DIRECTOR.—Any land described in section 1(a)(1) that is

conveyed to the Director shall be administered as part of the Headquarters Building

Compound of the Central Intelligence Agency.’’.

2. Amend the title so as to read: ‘‘To authorize the exchange of

land between the Secretary of the Interior and the Director of Central Intelligence at the George Washington Memorial Parkway in

McLean, Virginia, and for other purposes.’’.

PURPOSE OF THE MEASURE

The purpose of S. 3000 is to authorize an exchange of land between the National Park Service and the Central Intelligence

Agency at the George Washington Memorial Parkway in McLean,

Virginia.

BACKGROUND AND NEED

In 1998, the National Park Service (NPS) and the Central Intelligence Agency (CIA) signed an agreement to exchange lands to facilitate the installation of security measures and provide police control to prevent unauthorized entry into the CIA Headquarters

Building Compound. The lands to be exchanged involve 1.74 acres

of park land just outside the CIA entrance gate, located adjacent

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to the George Washington Memorial Parkway and CIA interchange

and 2.92 acres of CIA property located along the CIA’s boundary

with the Parkway.

The agreement between the NPS and the CIA provided the CIA

with temporary control over the property until September, 20,

2001. The National Park Service has no authority to transfer land

with another agency without congressional authorization. S. 3000

authorizes the exchange of land between the two agencies.

LEGISLATIVE HISTORY

S. 3000 was introduced by Senator Robb on July 27, 2000. The

Subcommittee on National Parks, Historic Preservation and Recreation held a hearing on S. 3000 on September 14, 2000. At the

business meeting on September 20, 2000, the Committee on Energy

and Natural Resources ordered S. 3000 favorably reported, as

amended.

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on September 20, 2000 by a unanimous vote of a

quorum present, recommends that the Senate pass S. 3000, if

amended as described herein.

COMMITTEE AMENDMENT

During the consideration of S. 3000, the Committee adopted an

amendment in the nature of a substitute and an amendment to the

title. The substitute amendment made a number of technical corrections and clarified provisions in the bill concerning employee

and visitor access to Federal Highway Administration facilities adjacent to the Central Intelligence Agency.

SECTION-BY-SECTION ANALYSIS

Section 1 authorizes the exchange of approximately 1.74 acres of

land within the boundary of the George Washington Memorial

Parkway for approximately 2.92 acres of land under the jurisdiction of the Central Intelligence Agency (CIA), adjacent to the

George Washington Memorial Parkway, as described on the specified map references.

Section 2(a) requires the land exchange to occur without reimbursement or consideration.

Subsection (b) requires the CIA to allow public access to the road

on the exchanged land to provide for a turn-around for motorists

on the George Washington Memorial Parkway.

Subsection (c) requires the CIA to allow access to the exchanged

land by employees of the Federal Highway Administration and

other authorized visitors of the Turner-Fairbank Highway Research Center.

Subsection (d) authorizes the Director of the CIA to close access

to the exchanged land for all persons (other than the United States

Park Police, necessary employees of the National Park Service, and

employees of the Federal Highway Administration) when necessary

to protect employees or property of the CIA. Such closures are limited to no more than 12 hours in any 24-hour period, unless the

Director of the CIA consults with the National Park Service, the

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Turner-Fairbank Highway Research Center, and the United States

Park Police.

Subsection (e) requires the CIA to comply with deed restrictions

for the transferred lands

Subsection (f) requires the National Park Service and the CIA to

comply with the terms of the agreement signed by the two parties

in 1998 regarding the exchange and management of the lands.

Subsection (g) requires the transfer to be completed within 120

days of the date the legislation is enacted.

Section 3 directs that the lands conveyed to the Secretary under

section 1 be included within the boundaries of the George Washington Memorial Parkway, and that the lands conveyed to the CIA

be managed as part of the agency’s Headquarters Building Compound.

COST AND BUDGETARY CONSIDERATIONS

The Congressional Budget Office cost estimate report had not

been received at the time the report was filed. When the report becomes available, the Chairman will request that it be printed in

the Congressional Record for the advice of the Senate.

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing

Rules of the Senate, the Committee makes the following evaluation

of the regulatory impact which would be incurred in carrying out

S. 3000. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses.

No personal information would be collected in administering the

program. Therefore, there would be no impact on personal privacy.

Little, if any, additional paperwork would result from the enactment of S. 3000, as ordered reported.

EXECUTIVE COMMUNICATIONS

On September 15, 2000, the Committee on Energy and Natural

Resources requested legislative reports from the Department of the

Interior and the Office of Management and Budget setting forth

Executive agency recommendations on S. 3000. These reports had

not been received at the time the report on S. 3000 was filed. When

the reports become available, the Chairman will request that they

be printed in the Congressional Record for the advice of the Senate.

The testimony provided by the National Park Service at the Subcommittee hearing follows:

STATEMENT OF DONALD J. HELLMANN, DEPUTY ASSISTANT

DIRECTOR, LEGISLATIVE AND CONGRESSIONAL AFFAIRS,

NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

Mr. Chairman, thank you for the opportunity to appear

before you today to present the Department of the Interior’s views on S. 3000, a bill to authorize the exchange of

land between the Secretary of the Interior and the Director

of the Central Intelligence Agency at the George Washington Memorial Parkway in McLean, Virginia and for

other purposes.

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The Department supports S. 3000 with the technical

amendments outlined at the end of this testimony. This

legislation is similar to a bill the Administration transmitted to Congress on June 19, 2000.

S. 3000 would allow the Secretary of the Interior and the

Director of the Central Intelligence Agency to exchange

1.74 acres of land within the George Washington Memorial

Parkway for approximately 2.92 acres of land adjacent to

the boundary of the George Washington Memorial Parkway and currently under the jurisdiction of the Central Intelligence Agency (CIA). The site also provides access to

the Federal Highway Administration’s Turner-Fairbank

Research facility.

The George Bush Center for Intelligence requires additional land outside its gates, located immediately off the

parkway at the CIA exit, to provide sufficient security systems to prevent unauthorized entry onto its grounds and

to exercise law enforcement powers in the area in front of

the entrance. The CIA interchange was constructed in

1959 to serve the CIA complex at Langley, Virginia. The

current CIA gate is located at the park boundary and just

off the interchange exit ramps. Vehicles exiting the parkway onto the CIA ramp have the potential to gain sufficient speed to enter the gates before the guards at the

gates can implement any protective measures. An exchange of lands between the CIA and the National Park

Service, George Washington Memorial Parkway (NPS) will

provide the necessary acreage to install speed and traffic

control devices and signage to control approaching traffic

at the gate. Section 15 of the Central Intelligence Agency

Act of 1949 (50 U.S.C. Sec. 4039(o)) requires that the agency either own, lease, or otherwise exercise custody and control over a parcel of land in order to exercise statutory police powers.

An agreement to exchange lands was signed on July 2,

1998. This agreement provides the CIA with temporary

custody and control of the assigned NPS property. Under

this agreement NPS agreed to permit the CIA to install or

place traffic or speed control devices deemed necessary to

prevent unauthorized entry and to acknowledge CIA law

enforcement jurisdiction over the parcel. The agreement

requires that the CIA work with NPS to obtain requisite

Congressional approval for transfer of the property, and if

Congress refuses to approve transfer, CIA will return the

property to NPS in restored condition. This agreement will

expire on September 20, 2001.

The United States Park Police have no opposition to the

transfer or to CIA law enforcement outside CIA gates. The

interchange road leading into the CIA is in good condition.

The proposed exchange property owned by the CIA is

wooded and has no developments on it. The exchange will

benefit the National Park Service by bringing in these resources adjacent to the park’s boundary. The exchange will

not result in any additional staff or development costs to

NPS.

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We understand that the committee staff has drafted

technical amendments to correct the bill’s technical flaws.

We support these technical amendments.

That concludes my prepared testimony, and I would be

happy to answer any questions you may have.

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing

Rules of the Senate, the Committee notes that no changes in existing law are made by the bill S. 3000, as ordered reported.

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