79–010 

Calendar No. 542 

115TH CONGRESS REPORT " ! SENATE 2d Session 115–315 

DISTRICT OF COLUMBIA COOPERATIVE MANAGEMENT 

AGREEMENTS 

AUGUST 1, 2018.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 2897] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (H.R. 2897) to authorize the Mayor of the District 

of Columbia and the Director of the National Park Service to enter 

into cooperative management agreements for the operation, maintenance, and management of units of the National Park System in 

the District of Columbia, and for other purposes, having considered 

the same, reports favorably thereon with an amendment in the nature of a substitute and an amendment to the title and recommends that the bill, as amended, do pass. 

AMENDMENTS

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. AUTHORIZING COOPERATIVE MANAGEMENT AGREEMENTS BETWEEN THE DISTRICT OF COLUMBIA AND THE SECRETARY OF THE INTERIOR. 

The Secretary of the Interior may enter into a cooperative management agreement with the District of Columbia in accordance with section 101703 of title 54, 

United States Code. 

Amend the title so as to read: ‘‘An Act to authorize the Mayor 

of the District of Columbia and the Secretary of the Interior to 

enter into cooperative management agreements.’’ 

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PURPOSE

The purpose of H.R. 2897, as ordered reported, is to authorize 

the Mayor of the District of Columbia and the Secretary of the Interior to enter into cooperative management agreements. 

BACKGROUND AND NEED

The National Park Service (NPS) manages over 20 units of the 

National Park System within the District of Columbia. In addition 

to the well-known memorials around the National Mall, the NPS 

also manages numerous local parks located throughout the District 

of Columbia. More than 42.5 million visitors experience the national park units in the District of Columbia each year, which provide a variety of attractions for tourists and residents alike. 

Park units located within the District of Columbia often face notable challenges of existing in a federal district and urban environment while needing to meet the needs of local residents as well as 

visitors. Sites within the District of Columbia must compete for resources with the approximately 85 million acres managed by the 

NPS throughout the United States and its territories. 

The District of Columbia has expressed an interest in funding 

some of the costs associated with rehabilitating and modernizing 

parks owned by the NPS within its boundaries. For example, the 

Mayor’s office has set aside $13.9 million in local funds to build 

new facilities at Franklin Park. According to the NPS, ‘‘Franklin 

Park, at five acres, is one of the largest NPS squares in Center 

City D.C. and therefore provides a signal opportunity to serve the 

community and enhance urban living.’’ 

In an effort to address the deferred maintenance backlog and improve visitor services, some state and local governments have 

signed cooperative management agreements with the NPS to help 

manage specific services. Under current federal law, 54 U.S.C. 

101703, the NPS may enter into such an agreement with a State 

or local government agency for the cooperative management of 

parks. However, there is ambiguity concerning whether the District 

of Columbia, as a federal district, may participate in this authority. 

As ordered reported, H.R. 2897 clarifies that this existing authority also applies to the District of Columbia. 

LEGISLATIVE HISTORY

H.R. 2897 was introduced in the House of Representatives by 

Rep. Norton on June 13, 2017, and referred to the House Committee on Natural Resources and the House Committee on Oversight and Government Reform. On December 4, 2017, H.R. 2897 

was reported by the Committee on Oversight and Government Reform (H. Rept. 115–436, Part I). On December 5, 2017, H.R. 2897 

was reported by the Committee on Natural Resources (H. Rept. 

115–436, Part II). H.R. 2897 passed the House of Representatives 

by voice vote on January 16, 2018. 

Similar legislation, S. 1956, was introduced by Senator Murkowski on October 5, 2017. 

The Senate Subcommittee on National Parks conducted a hearing on S. 1956 and H.R. 2897 on February 14, 2018. 

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The Committee on Energy and Natural Resources met in open 

business session on May 17, 2018, and ordered H.R. 2897 favorably 

reported, as amended. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on May 17, 2018, by a majority voice vote of 

a quorum present recommends that the Senate pass H.R. 2897, if 

amended as described herein. 

COMMITTEE AMENDMENT

During its consideration of H.R. 2897, the Committee adopted an 

amendment in the nature of a substitute which authorizes the Secretary of the Interior to enter into a cooperative management 

agreement with the District of Columbia in accordance with section 

101703 of title 54, United States Code. 

The Committee also adopted an amendment to the title. 

SECTION-BY-SECTION ANALYSIS

Section 1. Authorizing cooperative management agreements between 

the District of Columbia and the Secretary of the Interior 

This section authorizes the Secretary of the Interior to enter into 

a cooperative management agreement with the District of Columbia in accordance with section 101703 of title 54, United States 

Code. 

Under this section, states and local units of government have the 

authority to enter into cooperative management agreements with 

the National Park Service. This legislation clarifies that the District of Columbia may also enter into such agreements. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the costs of this measure has been provided by the Congressional Budget Office: 

H.R. 2897 would authorize the District of Columbia to enter into 

cooperative management agreements (CMAs) with the National 

Park Service (NPS) to operate and maintain NPS parks located 

within its borders. The NPS uses CMAs to establish cooperative 

practices, to address the use of shared resources that touch both 

NPS and state or local lands, and to transfer funds to perform 

work on such resources. Under current law, state and local governments can enter into CMAs with the NPS. The bill would clarify 

that the District of Columbia may also enter into such agreements. 

CBO estimates that implementing H.R. 2897 would result in no 

significant cost to the federal government. According to the NPS, 

any maintenance or repair project affected by a CMA would generally be completed by the NPS whether or not such an agreement 

is in place. Enacting H.R. 2897 would not affect direct spending or 

revenues; therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting H.R. 2897 would not increase net 

direct spending or on budget deficits in any of the four consecutive 

10-year periods beginning in 2028. 

H.R. 2897 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

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On August 16, 2017, CBO transmitted a cost estimate for H.R. 

2897, as ordered reported by the House Committee on Oversight 

and Government Reform on July 19, 2017. On October 17, 2017, 

CBO transmitted a cost estimate for H.R. 2897, as ordered reported 

by the House Committee on Natural Resources on October 4, 2017. 

All of the versions of the legislation are similar, and CBO’s estimates of the budgetary effects are the same. 

The CBO staff contact for this estimate is Janani Shankaran. 

The estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 

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 

H.R. 2897. 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 H.R. 2897, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

H.R. 2897, as ordered reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff 

benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Department of the Interior at the 

February 14, 2018, hearing on H.R. 2897 follows: 

STATEMENT OF P. DANIEL SMITH, DEPUTY DIRECTOR, EXERCISING THE AUTHORITY OF THE DIRECTOR OF THE NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

Chairman Daines, Ranking Member King, and members 

of the Subcommittee, thank you for the opportunity to 

present the Department of the Interior’s views on H.R. 

2897 and S. 1956, bills to authorize the Mayor of the District of Columbia and the Director of the National Park 

Service to enter into cooperative management agreements 

for the operation, maintenance, and management of units 

of the National Park System in the District of Columbia, 

and for other purposes. 

The Department supports the goal of both H.R. 2897 and 

S. 1956, which are substantially identical. However, we 

would like to work with the bill sponsors and the committee to ensure that these bills achieve this goal and 

would not affect other existing authorities. These bills 

would clarify that the National Park Service (NPS) and 

the Mayor of the District of Columbia (District) may enter 

into cooperative management agreements (CMA) to more 

efficiently and effectively manage NPS land in the District. 

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Cooperative management agreement authority, codified 

at 54 U.S.C. 101703, authorizes the NPS to enter into 

CMAs to jointly manage land where a unit of the NPS is 

located adjacent to or near a State or local park area, and 

cooperative management between the NPS and a State or 

local government agency will allow for better management 

of the parks. For example, CMAs may allow for sharing 

goods and services or authorize employees to work on 

lands owned by agencies participating in such agreements. 

The CMA authority in the statute does not expressly 

state that the authority applies to the District. For purposes of Title 54 of the U.S. Code, the NPS generally interprets the term ‘‘State or local government’’ to include the 

District of Columbia, and in our view, the term ‘‘State or 

local government’’ in Section 101703 does include the District of Columbia. However, we understand that the District has questioned its own authority to enter into binding 

CMAs with the National Park Service. 

In 2012, the NPS, the District, and the DowntownDC 

Business Improvement District (BID) began a potential 

partnership through a CMA with the aim of rehabilitating 

Franklin Park, a federally-owned, NPS-administered 

square in downtown D.C. Under this partnership, the District would rehabilitate and operate the park, with the 

NPS retaining all other jurisdiction. The NPS and the District would partner with a new park management entity to 

provide maintenance and sustained programming. The 

District has budgeted $13.8 million to complete design 

work and construction associated with the rehabilitation. 

The BID will dedicate funding to pay for the management 

entity. 

The Commission of Fine Arts and the National Capital 

Planning Commission have both approved the concept plan 

for the CMA, and the NPS has completed necessary environmental and historic preservation compliance. Also, the 

NPS and the District have negotiated the terms of the 

CMA and a related construction agreement for the rehabilitation and long-term operation of the park. However, 

the agreement has not been finalized because of the District’s uncertainty about whether the District has the authority to enter into a CMA with the NPS. 

H.R. 2897 and S. 1956 seek to assure that the District 

does have that authority, in order to help expedite the rehabilitation of Franklin Park. We recommend that both 

bills be revised to state that they are clarifying the District’s authority, rather than that they are granting the 

District new authority, and to otherwise meet the goals of 

the legislation. We would be happy to provide suggested 

language for that purpose. 

Mr. Chairman, this concludes my statement. I would be 

pleased to answer any questions you or other members of 

the Subcommittee may have. 

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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 as ordered reported. 

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