S-2280-119
Held at the desk.
Sponsored by James Justice (R-WV)
What it does
This bill would transfer administrative jurisdiction over approximately 25 acres of federal land in Harpers Ferry, West Virginia, from the National Park Service (Department of the Interior) to U.S. Customs and Border Protection (CBP), to be used as part of CBP's Advanced Training Center. Simultaneously, it would transfer approximately 71.51 acres across three parcels from CBP back to the National Park Service, to be incorporated into Harpers Ferry National Historical Park. Both transfers would occur without monetary payment or other consideration between the agencies.
Who benefits
CBP and its trainees, who would gain dedicated land for the Advanced Training Center. Harpers Ferry National Historical Park and its visitors, who would gain approximately 71.51 acres of new parkland — a net increase of roughly 46.5 acres. Local tourism businesses and the surrounding community in Harpers Ferry, which may benefit from an expanded park footprint. Future generations who would have access to a larger protected historical site. The National Park Service, which gains more land than it gives up.
Who is hurt
Park visitors and conservation advocates who may object to removing 25 acres from the National Historical Park boundary for law enforcement training use. Neighboring residents or businesses near the CBP training area who may be affected by training activities. Taxpayers who would bear the cost of the land survey required under the bill, charged to CBP appropriations. Any groups that had expected the 25-acre parcel to remain part of the protected park in perpetuity.
Supporters argue
Supporters argue that this land swap is a practical, no-cost solution that serves both agencies' missions simultaneously. CBP's Advanced Training Center already operates adjacent to this land, and formalizing jurisdiction allows the agency to expand critical law enforcement training infrastructure. At the same time, the Park Service gains a net 46.5 acres of historically significant land, expanding public access and preservation — a clear benefit to the park and its visitors at no additional cost to taxpayers.
Opponents argue
Opponents argue that removing 25 acres from a National Historical Park boundary sets a troubling precedent of converting protected public land to law enforcement use without a full public review process. They contend that the Advanced Training Center's activities — including firearms and tactical training — may be incompatible with the historical and natural character of the surrounding Harpers Ferry area, and that the reversion clause, which leaves the decision to return land solely to CBP's discretion, provides insufficient protection for the park's long-term integrity.
Constitutional context
Congress has broad authority over federal lands under the Property Clause (Art. IV, §3, cl. 2), which grants Congress the power to dispose of and make rules for federal territory. No active constitutional tension is implicated here — this is a straightforward inter-agency administrative transfer entirely within federal ownership, raising no Commerce Clause, takings, or major questions doctrine issues.
Checks and balances
Congress directs the transfer, giving CBP administrative authority over the 25-acre parcel; the reversion clause requires CBP to return the land to the Secretary of the Interior if it is no longer needed for the training center, providing a limited check on permanent conversion of the land away from park use.
Historical precedent
Congress has routinely enacted legislation transferring administrative jurisdiction over federal lands between agencies, including similar transfers involving National Park Service lands and other federal entities, though no single landmark case defines this practice.