[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.

                                  
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