[House Report 115-436]
[From the U.S. Government Publishing Office]


115th Congress    }                                  {   Rept. 115-436
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                  {         Part 1

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

 
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

                                _______
                                

                December 4, 2017.--Ordered to be printed

                                _______
                                

   Mr. Gowdy, from the Committee on Oversight and Government Reform, 
                        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 Oversight and Government Reform, to whom 
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, report favorably thereon 
without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     2
Section-by-Section...............................................     3
Explanation of Amendments........................................     3
Committee Consideration..........................................     3
Roll Call Votes..................................................     4
Application of Law to the Legislative Branch.....................     4
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     4
Statement of General Performance Goals and Objectives............     4
Duplication of Federal Programs..................................     4
Disclosure of Directed Rule Makings..............................     4
Federal Advisory Committee Act...................................     4
Unfunded Mandates Statement......................................     5
Earmark Identification...........................................     5
Committee Estimate...............................................     5
Budget Authority and Congressional Budget Office Cost Estimate...     5
Changes in Existing Law Made by the Bill, as Reported............     6

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    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,'' 
permits the District of Columbia to expend funds provided for 
in the District's budget on parks and green spaces owned by the 
National Park Service and authorizes the District and the 
National Park Service to cooperate on the upkeep, maintenance, 
and enhancement of parks owned by the National Park Service in 
the District. Such cooperation will help ensure these spaces do 
not fall into disrepair and are fully utilized by residents and 
visitors.

                  BACKGROUND AND NEED FOR LEGISLATION

    The District of Columbia has more than 7,600 acres of parks 
and other open spaces, comprising roughly 20 percent of the 
District.\1\ These parks, which include everything from Rock 
Creek Park and the National Mall to smaller parcels, such as 
Franklin Square, provide residents and visitors with outdoor 
recreational opportunities. Currently, management and 
responsibility for upkeep of the parks is split between three 
main groups: the District, the National Park Service, and 
private groups.
---------------------------------------------------------------------------
    \1\About Washington's Parks and Open Spaces, National Capital 
Planning Commission, https://www.ncpc.gov/DocumentDepot/Publications/
CapitalSpace/boutWashingtonParksFinal .pdf (last accessed November 6, 
2017).
---------------------------------------------------------------------------
    Although parkland in the District of Columbia is split 
between three entities, it is not an equal distribution. The 
vast majority of open spaces and parks in the District are 
owned and managed by the National Park Service. The National 
Park Service is responsible for more than 6,700 acres, and more 
than 350 properties.\2\ The National Park Service properties 
range from those as large as the National Mall to those as 
small as Dupont Circle.\3\ The sites owned by the National Park 
Service in the District must compete for resources with the 84 
million acres owned by the National Park Service throughout the 
United States and its territories.\4\
---------------------------------------------------------------------------
    \2\Id.
    \3\Id.
    \4\National Park Service Frequently Asked Questions, https://
www.nps.gov/aboutus/faqs.htm (last visited Aug. 16, 2017).
---------------------------------------------------------------------------
    The National Park Service is currently facing a strain on 
its resources and consequently has a maintenance backlog as it 
attempts to maintain the vast acreage under its authority. As a 
result of this backlog, facilities, such as restrooms and 
concession stands, on National Park Service owned lands may 
fall into disrepair, if they exist at all.
    In an urban environment, such as the District of Columbia, 
areas that should be a draw for residents and visitors are 
often underused or simply avoided. H.R. 2897 addresses the 
current state of parks owned by the National Park Service in 
the District by allowing the District to shoulder a portion of 
the burden for maintaining and modernizing these parks.
    Under current federal law, the National Park Service may 
enter into an agreement with a State or city for the 
cooperative management of parks owned by the National Park 
Service.\5\ H.R. 2897 clarifies that the National Park Service 
may also enter into such an agreement with the District.
---------------------------------------------------------------------------
    \5\54 U.S.C. Sec. 101703.
---------------------------------------------------------------------------
    The District expressed interest in funding some of the 
costs associated with rehabilitating and modernizing parks 
owned by the National Park Service in the city. Mayor Muriel 
Bowser set aside $13.9 million in order to build new facilities 
in one park, Franklin Square.\6\ In addition, the D.C. Downtown 
Business Improvement District is reserving $750,000 annually to 
operate and maintain the park.\7\ H.R. 2897 provides the 
authority for the District and the National Park Service to 
enter into a cooperative agreement to help repair and maintain 
parks owned by the National Park Service in the District, such 
as Franklin Square. H.R. 2897 permits cooperation between the 
two entities to be dictated by the terms of any agreement 
signed by the District and the National Park Service.
---------------------------------------------------------------------------
    \6\Rachel Chason, D.C. Asks Congress for Approval to Invest in 
Franklin Park, Wash.Post (June 16, 2017).
    \7\Id.
---------------------------------------------------------------------------

                          LEGISLATIVE HISTORY

    On June 13, 2017, Delegate Eleanor Holmes Norton (D-DC) 
introduced 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, and for other purposes. H.R. 2897 was 
referred to the Committee on Natural Resources and the 
Committee on Oversight and Government Reform. The Committee on 
Oversight and Government Reform considered H.R. 2897 at a 
business meeting on July 19, 2017 and ordered the bill reported 
favorably without amendment, by voice vote.

                           Section-by-Section


Section 1. Authorizing Cooperative Management Agreements between 
        District of Columbia and National Park Service for Operation, 
        Maintenance, and Management of Units of the National Park 
        System in the District of Columbia.

    This section authorizes the Mayor of the District of 
Columbia and the Director of the National Park Service (NPS) to 
enter into cooperative agreements under section 101703 of title 
54, United States Code, for operation, maintenance, and 
management of units of the NPS in the District, including the 
design and construction of improvements.

                       Explanation of Amendments

    There were no amendments to H.R. 2897 offered or adopted 
during Committee consideration of the bill.

                        Committee Consideration

    On July 19, 2017, the Committee met in open session and, 
with a quorum being present, ordered the bill favorably 
reported without amendment, by voice vote.

                            Roll Call Votes

    There were no roll call votes requested or conducted during 
Committee consideration of H.R. 2987.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill would 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, and for other purposes. As such, this 
bill does not relate to employment or access to public services 
and accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goal or objective of this bill is to enable 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.

                    Duplication of Federal Programs

    In accordance with clause 2(c)(5) of rule XIII no provision 
of this bill establishes or reauthorizes a program of the 
Federal Government known to be duplicative of another Federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  Disclosure of Directed Rule Makings

    This bill does not direct the completion of any specific 
rule makings within the meaning of section 551 of title 5, 
United States Code.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of Section 5(b) of the appendix to title 5, 
United States Code.

                      Unfunded Mandates Statement

    Pursuant to section 423 of the Congressional Budget and 
Impoundment Control Act (Pub. L. 113-67), the Committee has 
included a letter received from the Congressional Budget Office 
below.

                         Earmark Identification

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the House of Representatives.

                           Committee Estimate

    Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of 
the House of Representatives, the Committee includes below a 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.

   New Budget Authority and Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the House of 
Representatives, the cost estimate prepared by the 
Congressional Budget Office and submitted pursuant to section 
402 of the Congressional Budget Act of 1974 is as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 16, 2017.
Hon. Trey Gowdy,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2897, a bill 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.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 2897--A bill 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

    H.R. 2897 would authorize the District of Columbia to enter 
into cooperative management agreements (CMAs) with the National 
Parks 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 and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                      TITLE 54, UNITED STATES CODE




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SUBTITLE I--NATIONAL PARK SYSTEM

           *       *       *       *       *       *       *


CHAPTER 1017--FINANCIAL AGREEMENTS

           *       *       *       *       *       *       *



Sec. 101703. Cooperative management agreements

  (a) In General.--To facilitate the administration of the 
System, the Secretary, under such terms and conditions as the 
Secretary considers advisable, may enter into an agreement with 
a State or local government agency to provide for the 
cooperative management of the Federal and State or local park 
areas where a System unit is located adjacent to or near a 
State or local park area, and cooperative management between 
the Service and a State or local government agency of a portion 
of either the System unit or State or local park will allow for 
more effective and efficient management of the System unit and 
State or local park. The Secretary may not transfer 
administration responsibilities for any System unit under this 
paragraph.
  (b) Provision of Goods and Services.--Under a cooperative 
management agreement, the Secretary may acquire from and 
provide to a State or local government agency goods and 
services to be used by the Secretary and the State or local 
governmental agency in the cooperative management of land.
  (c) Assignment of Employee.--An assignment arranged by the 
Secretary under section 3372 of title 5 of a Federal, State, or 
local employee for work on any Federal, State, or local land or 
an extension of the assignment may be for any period of time 
determined by the Secretary and the State or local agency to be 
mutually beneficial.
  (d) Definition of State.--For the purposes of this section, 
the term ``State'' means each of the several States and the 
District of Columbia.

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