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                                                     Calendar No. 434
115th Congress     }                                   {       Report
                                 SENATE
 2d Session        }                                   {      115-257

======================================================================



 
    TO AUTHORIZE, DIRECT, FACILITATE, AND EXPEDITE THE TRANSFER OF 
  ADMINISTRATIVE JURISDICTION OF CERTAIN FEDERAL LAND, AND FOR OTHER 
                                PURPOSES

                                _______
                                

                  May 24, 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. 1397]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (H.R. 1397) to authorize, direct, facilitate, 
and expedite the transfer of administrative jurisdiction of 
certain Federal land, and for other purposes, having considered 
the same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                PURPOSE

    The purpose of H.R. 1397 is to transfer administrative 
jurisdiction over two parcels of Federal land in Fairfax 
County, Virginia between the Secretary of the Interior and the 
Secretary of Transportation.

                          BACKGROUND AND NEED

    H.R. 1397 authorizes a land exchange between the Department 
of the Interior (DOI) and the Department of Transportation 
(DOT) in Fairfax County, Virginia. Specifically, the bill would 
transfer administrative jurisdiction over 0.342 acres of 
Federal land within the boundary of the George Washington 
Memorial Parkway from DOI to DOT and transfer 0.479 acres of 
Federal land within the boundary of the Turner-Fairbank Highway 
Research Center (Research Center) of the Federal Highway 
Administration from DOT to DOI.
    The transfer centers on Colonial Farm Road, which provides 
public access from Georgetown Pike to Claude Moore Colonial 
Farm (Farm), a site managed by the National Park Service (NPS) 
within the George Washington Memorial Parkway. In addition to 
providing access to the Farm, this road serves as an entrance 
road to the Research Center and as a secondary entrance to the 
Central Intelligence Agency (CIA). The configuration of the 
property lines between the Farm and the Research Center 
requires Farm staff to travel across Research Center property 
to access their facilities.
    DOI, DOT, and the CIA have discussed concerns over crossing 
property lines, the need to have uninterrupted access to their 
properties, and the need to improve security and visibility 
near the perimeter fencing of the Research Center. The agencies 
have identified properties suitable for exchange which will 
provide public access to the Farm and provide the means to 
improve security outside the fencing of the Research Center and 
the CIA. Though the immediate security concerns have previously 
been addressed through a temporary agreement, this legislation 
is needed to codify the land exchange.

                          LEGISLATIVE HISTORY

    H.R. 1397 was introduced in the House of Representatives by 
Rep. Comstock on March 7, 2017, and referred to the Committee 
on Natural Resources and Committee on Transportation and 
Infrastructure. H.R. 1397 was reported by the Natural Resources 
Committee (H. Rept. 115-206, Part I) on July 11, 2017, and 
passed the House of Representatives by a vote of 406-0 the same 
day. The Senate Subcommittee on National Parks conducted a 
hearing on H.R. 1397 on February 14, 2018.
    Similar language is included in section 7116 of S. 1460, 
the Energy and Natural Resources Act of 2017 (Cal. 162).
    In the 114th Congress, Rep. Comstock introduced similar 
legislation, H.R. 5030, on April 21, 2016. In the Senate, the 
measure was also included in Amendment No. 3233, which the 
Senate agreed to on April 19, 2016, as an amendment to S. 2012, 
the Energy Policy Modernization Act of 2016, which the Senate 
passed, as amended, on April 20, 2016.
    The Committee on Energy and Natural Resources met in open 
business session on March 8, 2018, and ordered H.R. 1397 
favorably reported.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on March 8, 2018, by a majority voice 
vote of a quorum present, recommends that the Senate pass H.R. 
1397.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Interagency transfer of land along George Washington 
        Memorial Parkway

    Subsection (a) contains key definitions.
    Subsection (b)(1)(A) transfers the administrative 
jurisdiction over the approximately 0.342 acres of Federal land 
under the jurisdiction of the Secretary of the Interior 
(Secretary) within the boundary of the George Washington 
Memorial Parkway, as depicted on the Map as ``B,'' to the 
Secretary of the Transportation.
    Subparagraph (B) transfers the administrative jurisdiction 
over the approximately 0.479 acres of Federal land within the 
boundary of the Research Center under the jurisdiction of the 
Secretary of Transportation, as depicted on the Map as ``A,'' 
from the Secretary of Transportation to the Secretary.
    Paragraph (2) places a use restriction on the 0.139 acres 
of Federal land within the boundary of the George Washington 
Memorial Parkway immediately adjacent to part of the perimeter 
fence of the Research Center, as depicted on the Map as ``C,'' 
by prohibiting the storage, construction, or installation of 
any item that may interfere with the access of the Research 
Center to the restricted land for security and maintenance 
purposes.
    Paragraph (3) states that the administrative jurisdiction 
transfers shall not be subject to reimbursement or 
consideration.
    Paragraph (4)(A) requires the NPS and the Federal Highway 
Administration to comply with the September 11, 2002 agreement 
entered into by the parties regarding the transfer of 
administrative jurisdiction, management, and maintenance of the 
land.
    Paragraph (4)(B) directs the Secretary to allow the 
Research Center access to the applicable Federal land for 
transportation purposes, as well as maintenance purposes in 
accordance with NPS standards, including grass growing, weed 
control, tree maintenance, fence maintenance, and maintenance 
of the visual appearance of the Federal land.
    Subsection (c)(1) specifies that the Federal land 
transferred to the Secretary under subsection (b)(1)(B) shall 
be included in the boundary of the George Washington Memorial 
Parkway and administered by the Secretary as part of that 
Parkway, subject to applicable laws and regulations.
    Paragraph (2) specifies that the Federal land transferred 
to the Secretary of Transportation under subsection (b)(1)(A) 
shall be included in the boundary of the Research Center land 
and removed from the George Washington Memorial Parkway 
boundary.
    Paragraph (3) specifies that the Federal land designated by 
the Secretary for restricted use under subsection (b)(2) shall 
be maintained by the Research Center.
    Subsection (d) requires the Map to be available for public 
inspection in the appropriate NPS offices.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:
    H.R. 1397 would authorize the National Park Service (NPS) 
and the Department of Transportation (DOT) to exchange small 
parcels of land located in Fairfax County, Virginia. H.R. 1397 
would transfer jurisdiction over 0.342 acres of land within the 
boundary of the George Washington Memorial Parkway from the NPS 
to DOT, and 0.479 acres of land within the boundary of the 
Federal Highway Administration's Turner-Fairbank Highway 
Research Center from DOT to the NPS.
    Using information from the NPS and DOT, CBO estimates that 
implementing H.R. 1397 would have no significant effect on the 
federal budget. Enacting H.R. 1397 would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures do 
not apply.
    CBO estimates that enacting H.R. 1397 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 1397 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    On July 10, 2017, CBO transmitted a cost estimate for H.R. 
1397, as ordered reported by the House Committee on Natural 
Resources on June 27, 2017. The two versions of H.R. 1397 are 
similar and CBO's estimates of their budgetary effects are the 
same.
    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was approved 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. 1397. 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. 1397, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 1397, 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. 1397 follows:

Statement of P. Daniel Smith, Deputy Director, Exercising the Authority 
    of the Director of the National Park Service, Department of the 
 Interior, Before the Senate Energy and Natural Resources Subcommittee 
 on National Parks, Concerning H.R. 1397, a Bill To Authorize, Direct, 
Facilitate, and Expedite the Transfer of Administrative Jurisdiction of 
             Certain Federal Lands, and for Other Purposes

    The Department supports H.R. 1397 as this bill would 
resolve a long-standing access issue on the George Washington 
Memorial Parkway.
    The Claude Moore Colonial Farm (Farm) is a 68.5-acre 
working colonial farm in Virginia, part of the 235-acre Langley 
Tract property that was transferred to the George Washington 
Memorial Parkway in 1971 to provide public recreation and open 
space. The greenhouses, administrative offices, staff parking, 
a storage area for farm equipment, and animal pens, are located 
in the administration and maintenance area of the Farm.
    Colonial Farm Road forms the eastern boundary between the 
Langley Tract and the Farm and provides the main public access 
to the Farm from Georgetown Pike. In addition to providing Farm 
access, Colonial Farm Road serves as an entrance road to the 
Federal Highway Administration's (FHWA) Turner-Fairbank Highway 
Research Center (Research Center) and the George Bush Center 
for Intelligence (CIA).
    The three Federal agencies involved--the National Park 
Service, the CIA and the FHWA--entered into an agreement on 
September 11, 2002, to have uninterrupted access to their 
properties in a manner that does not involve crossing property 
boundaries, and that addresses the need to improve security 
through better visibility near perimeter fencing of the 
Research Center. Through this agreement, the agencies 
identified properties suitable for exchange that would provide 
access to the Farm's administrative and maintenance area and 
would also improve security outside the fencing of the Research 
Center and CIA. The agreement has since expired but the 
agencies continue to abide by the terms of the agreement.
    H.R. 1397 would effect the transfers of administrative 
jurisdiction called for in the September 11, 2002, agreement 
and require the agencies to implement other terms of the 
agreement. The administrative jurisdiction transfers between 
the NPS and the FHWA, which involve less than one acre of land 
in total, will provide the NPS with a separate access road in 
the administration and maintenance area for the Farm that will 
not go through the Research Center. The NPS would also place 
use restrictions on 0.139 acres of park land adjacent to part 
of the perimeter fence of the Research Center to improve 
security of the Research Center. These parcels are delineated 
on the map referenced in H.R. 1397.


                        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.

                                  [all]