[Senate Report 106-432]
[From the U.S. Government Publishing Office]
Calendar No. 854
106th Congress Report
SENATE
2d Session 106-432
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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
R E P O R T
[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.
(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 Turner-Fairbank 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)
andnotwithstanding 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 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 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 MemorialParkway, 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.
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.
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.