A barred owl [Strix varia] out in a rare morning in Greenbelt Park, Maryland: Glynn Wilson

By Glynn Wilson –

WASHINGTON, D.C. — There is a story lurking in the woods near here that may be a very real on the ground test of whether humans have a chance to save the planet, whether the United States will play a very real key role in this effort, and whether Democrats are up to the task.

The National Aeronautics and Space Administration (NASA) is an agency of the federal government that has an annual budget of about $23 billion. That may sound like a lot, but it’s less than 0.5% of the roughly $5 trillion annual budget of the United States. A chunk of the NASA budget is spent on technology to monitor the Earth’s atmosphere and climate, and it’s one of the lead agencies in gathering and dissiminating data on global warming and climate change.

You’ve probably heard of NASA’s Goddard Space Flight Center in the news. It’s right down the street from here on Greenbelt Road. Between NASA’s site and the U.S. Fish and Wildlife Service’s Patuxent Research Refuge in this part of Maryland, there lies 105 acres of forested land now under the ownership of NASA.

The stretch of woods in question are behind the historic Perkins Chapel Cemetery and Glendale United Methodist Church: Glynn Wilson

Known as Area 400, some environmental groups recently claimed that NASA could sell the property on the open market, which could lead to private development of the area, although a report from the FASTA Public Buildings Reform Board to the Office of Management and Budget recommends transferring the land to the Fish and Wildlife Service under the Department of the Interior.

NASA’s Area 400

Area 400 lies northeast of NASA’s Goddard Space Flight Center and southwest of the U.S. Fish and Wildlife Service’s Patuxent (Wildlife) Research Refuge: Google maps

An alleged plan to sell off the property on the open market was described as “shocking to discover” by Ann Swanson, executive director of the Chesapeake Bay Commission, a tri-state legislative Commission, and Joel Dunn, president and chief executive of Chesapeake Conservancy, a regional conservation nonprofit group in an editorial opinion piece in The Washington Post.

This set off a flurry of activism on the part of environmental advocates, liberal Democrats who tend to hold sway in this area, and probably a fair number of college educated Republican birders too.

The piece correctly pointed out that the Biden administration recently issued its first progress report on the “America the Beautiful” initiative, a multiagency effort to support conservation and to achieve a goal of conserving 30 percent of lands and waters across the nation by 2030.

“The America the Beautiful initiative responds to an urgent call to action by scientists and conservationists around the world to protect nature and wildlife,” the authors point out.

In fact, if the property were sold off for development, it would seem to be unbelievably hypocritical on the part of this administration to talk the talk of fighting climate change in pretty speeches on national television, and then turn around and announce the sell off of a forest between a wildlife preserve and the largest green space park in the Washington, D.C. Capitol Region, Greenbelt National Park, where tourists come from all over the world to visit the nation’s capital.

“With sky-high demand for real estate in the D.C. metro area, a private sale of NASA’s Area 400 will almost inevitably lead to development and the permanent loss of around 100 acres of forestland,” the authors say. “This outcome is completely unacceptable and flies in the face of the nation’s America the Beautiful initiative and the (Chesapeake) bay region’s goals for forest retention and tree canopy retention and expansion.”

They say the area has been “undisturbed for decades” and is “a mixed forest, featuring mature upland hardwood trees.” It’s home to an abundance of diverse wildlife and vegetation, as well, including more than 200 species of birds, bats, foxes, turtles, frogs, beavers, fish and insects.

They strongly propose canceling the sale and working with the Department of the Interior in an interagency exchange to extend the wildlife habitat in the area.

“The land would also serve as a buffer against noise and light pollution from nearby roads and development,” they argue… “It is rather amazing that such a diversity of wildlife can exist in a landscape that is otherwise highly developed.”

In addition to serving as vital habitat for wildlife, the forestland in and around the refuge serves an important role in the health of the Chesapeake Bay by filtering out pollutants that would otherwise flow into rivers and into bodies of water. The headwaters of the Patuxent River flow through this natural landscape, as does a portion of the headwaters of the Anacostia River.

“The forest floor serves like a natural sponge,” they say.

This forested area is also vital for human physical and mental health.

Forests filter out air pollutants and sequester carbon from the atmosphere, which is important for the health of nearby communities, they argue. The area is also a popular destination for many area residents to explore nature and hike and bike around the trails on the refuge and in nearby Greenbelt Park.

“Were it not for the refuge and surrounding forested areas, many of these nearby and diverse communities would completely lack any meaningful access to nature,” they say.

“The obvious and best solution for NASA is to transfer the Area 400 property to the U.S. Fish and Wildlife Service to manage,” they argue. “This would permanently preserve the conservation values of the property as forestland and wildlife habitat, and it would maintain green space for nearby communities. Importantly, conserving Area 400 would maintain a significant swath of forestland that will support the long-term health of the Chesapeake Bay watershed.”

By selling the property, they say, NASA will all but ensure the development of Area 400 and permanent loss of forests in the area.

That would be an unbelievable travesty and a betrayal of the America the Beautiful Initiative, which promises that “the Biden-Harris administration outlined a vision for how the United States can work collaboratively to conserve and restore the lands, waters, and wildlife that support and sustain the nation.”

That includes the national capital region.

The activists have been hard at work on the politicians in the area, and have just released a letter on Thursday, Jan. 20 sent to the Office of Management and Budget and signed by Maryland’s two Senators, Benjamin L. Cardin and Chris Van Hollen, along with House Majority Leader Steny Hoyer, the Congressman from Greenbelt, and Congressmen Jamie Raskin, John P. Sarbanes and C. A. Dutch Ruppersberger.

“As you consider recommendations provided to you by the Public Buildings Reform Board under the Federal Asset Sales and Transfer Act, we write to express our support for an inter-agency transfer to the U.S. Fish and Wildlife Service of the 105-acre parcel owned by the NASA Goddard Space Flight Center,” the letter states. “Such a transfer would allow this parcel, also known as Area 400, to be added to the Patuxent Research Refuge (PRR), with lasting environmental benefits for future generations.”

“Located in Greenbelt, Maryland, Area 400 is a largely forested parcel that, protected in a natural state, contributes to the health of the Chesapeake Bay watershed,” the letter acknowledges. “The headwaters of the Patuxent River and Anacostia River flow through the property.

“Conserved land filters pollutants out of these waters and, eventually, the Chesapeake Bay.”

“Expanding the PRR by adding Area 400 makes ecological and economic sense and will support progress towards State and federal conservation goals,” the letter says. “We urge your support for a transfer to the U.S. Fish and Wildlife Service in the most expedient manner possible, and we stand ready to work with you and offer any assistance that may be needed to achieve this goal.”

“Thank you for your attention to this matter.”

Copies were sent to Bill Nelson, the NASA Administrator appointed by Biden, and Martha Williams, Principal Deputy Director of the U.S. Fish and Wildlife Service.

What’s the Real Plan?

If the plan were to be to sell off the land for private development, this would appear to be a winnable political fight and may deserve more of an investigation as a corrupt land deal with someone behind the scenes trying to get away with secret profits at the expense of the taxpayers — and the planet.

Other interested groups are working on their plans to oppose the sale of the land to private developers, including the Maryland Sierra Club. More statements and data may be added as they come in.

But our investigation so far leads to the conclusion that the plan is to transfer the property to the U.S. Fish and Wildlife Service, although there are critical details to work out before that becomes a done deal.

On Friday morning, Jan. 21, we received a response from Jackie McGuinness, Press Secretary to NASA Administrator Bill Nelson, after asking about this story.

“Thank you for your interest in the matter of NASA’s Goddard Area 400 disposition. On Dec. 27, 2021, the FASTA Public Buildings Reform Board submitted its ‘first round’ recommendations to the Office of Management and Budget for approval. This included a recommendation to transfer all or a portion of Area 400 to the Department of the Interior, U.S. Fish and Wildlife Service under FASTA authority.

“Additional background details and the full text of the board’s recommendation can be found in the public version of their report, particularly pages 33-37.”

The initial link provided was not a working link and the Google search engine indicated it had an error and maybe a virus attached. So McGuinness sent us a pdf copy of the report as an email attachment, which we published here first.

We also published the new letter from senators and members of Congress here before any other news outlet in the area.

The Report

The First Round Report released by the Public Buildings Reform Board on Dec. 27, 2021, recommendations pursuant to the Federal Assets Sale and Transfer Act of 2016 (“FASTA”), recommends the transfer at fair market value of all or a portion of the Property from NASA to the Department of the Interior (“DOI”), U.S. Fish and Wildlife Service (“FWS”) under FASTA authority.

“The FWS has expressed interest in acquiring the Property or a portion of the Property for expansion of the nearby Refuge but has indicated it needs additional documentation on the environmental condition of the property. Pending the review of this environmental documentation, the Board recommends that NASA, through GSA, pursue an inter-agency transfer for all or a portion of the Property at fair market value to DOI/FWS. The Board further recommends that NASA’s relocation costs be funded through the Asset Proceeds and Space Management Fund (“Asset Fund”), and that the Fair Market Value that DOI/FWS must pay be deposited into the Asset Fund.”

Description/Background

The Goddard Space Flight Center (“GSFC”) Area 400 (“Property”) is located at 8800 Greenbelt Road in Greenbelt, Maryland, approximately 10 miles northeast of Washington, D.C. The National Aeronautics and Space Agency (“NASA”) owns and occupies the Property. The Property contains 10 small structures over 100 acres, including several storage facilities and small laboratories used for cryogenics and propulsion testing, confined to a one- acre area in the center of Area 400.

Area 400 is located several miles east of the main GSFC campus entrance with a separate security fence and is primarily a flat wooded landscape. The Property is south of pastureland managed by the United States Department of Agriculture (“USDA”) and southwest of the Patuxent Research Refuge (“Refuge”), an approximately 12,800-acre area along the Patuxent and Little Patuxent Rivers. The Property is also proximate to the Prince George’s County Trap and Skeet Center. The surrounding market is primarily low-density single-family residential with moderate land values that are supported by proximity to Washington, DC, and limited supply in the market. The Property is currently zoned R-O-S: Reserved-Open- Space.

NASA acquired Area 400 from the USDA in 1981. While the GSFC was designated as a historic district in 2012, this designation excluded Areas 100 and 400. 1 NASA is interested in demolishing the Area 400 structures and relocating the testing and storage facilities to the main GSFC campus, however, has not had the necessary funding to complete this process. NASA has stated that unless it can get funding for this relocation then the Property will not be available for disposal for another decade.

If the parties do not agree on terms for an inter-agency transfer at fair market value for all or for a portion of the Property, the Board recommends the Property or remaining portions thereof go to public sale. To maximize taxpayer return, a real estate broker should be engaged for this transaction.

Why FASTA: Without the guarantee of upfront funding of relocation costs through the Asset Fund, this Property would not have been reported by NASA for disposal. Funding through the Asset Fund would allow the relocation to occur more quickly than through standard processes. Transferring the Property to DOI/FWS to expand the nearby Refuge would enhance conservation and further the Biden Administration’s priorities of Climate and Racial Equity.

Disposition at fair market value would generate funds to facilitate future disposals and consolidations, avoid future operations and maintenance costs, and potentially place a portion of this unutilized federal property on local tax rolls to generate tax revenue sooner than in the typical disposal process.

This recommendation accomplishes at least seven FASTA objectives outlined in P.L. 114-287 Section 2, including “consolidating the footprint of Federal buildings and facilities,” “maximizing the utilization rate of Federal buildings and facilities,” “selling or redeveloping high value assets that are underutilized to obtain the highest and best value for the taxpayer and maximize the return to the taxpayer,” “reducing the operating and maintenance costs of Federal civilian real properties,” “creating incentives for Federal agencies to achieve greater efficiency in their inventories of civilian real property,” “facilitating and expediting the sale or disposal of unneeded Federal civilian real properties,” and “assisting Federal agencies in achieving the Government’s sustainability goals by reducing excess space, inventory, and energy consumption, as well as by leveraging new technologies.” Adherence to legislative and other goals is quantified in FASTA Grading further below. Additionally, the Board has the authority to recommend the transfer of Property to a state or local government that is not subject to certain conditions, provisions, and restrictions of other laws or regulations identified in FASTA Section 14(e).

GSA Implementation: FASTA authorizes GSA’s Administrator to implement PBRB recommendations. Specifically, GSA has the authority to implement the PBRB recommendation approved by OMB, utilizing GSA’s conveyance authorities, in GSA’s discretion, consistent with Section 14(d) which will permit a conveyance “for less than fair market value, for no consideration at all, or in a transaction that mandates the exclusion of other market participants.”

Cost Avoidance

Sale of this property results in long-term costs savings to taxpayers of approximately $2,724,000.

Cost avoidance estimates the long-term savings to taxpayers over a 30-year period. It is calculated by comparing the Net Present Value of all occupancy and ownership costs in the Board’s recommended scenario—disposing of the Property and relocating remaining operations to the main Campus—to the status quo scenario of retaining the Property with its current occupancy.

Schedule and Next Steps

The next steps are for the Federal Government to perform a Property ALTA Land Title survey, conduct an appraisal, conduct Section 110 and Section 106 historic surveys to confirm the historic status of Area 400 with the Maryland Historical Trust and State Historic Preservation Office, and consult with the Maryland Department of Natural Resources and the U.S. Fish and Wildlife Service to assess environmental resources.

A 2014 Environmental Evaluation for Area 400 identified the need to conduct an environmental study of the septic system to verify that no chemical contamination has occurred from laboratory operations that are serviced by the septic system. A land use Memorandum of Understanding (“MOU”) with Prince George’s County is recommended to address zoning changes from R-O-S: Reserved-Open-Space. Finally, NASA activities on Area 400 including items in storage will be relocated elsewhere on the GSFC campus with funding from the Asset Fund.

Once these activities are completed, the Property can be sold, with the relevant historic and environmental conditions as appropriate. The sale of the Property is projected to be accomplished within two and a half years of recommendation. Initiation of the transaction activities in Exhibit 1 may be shifted up to one quarter, consistent with the OMB approval process.

Stakeholder Engagement

The Board conducted outreach to stakeholders. The Landholding Agency, NASA, recommended this Property for FASTA consideration. PBRB staff met with the Deputy Chief Administrative Officer for Economic Development for Prince George’s County, Maryland, on August 13, 2021. PBRB staff also met with the City of Greenbelt, although the property is outside the City’s jurisdiction. PBRB has also consulted with Prince George’s County Economic Development Corporation. The Board also met with staff of Senator Ben Cardin on September 17, 2021; Senator Chris Van Hollen on August 24, 2021; and Representative Steny Hoyer (MD-5) on September 16, 2021.

On September 22, 2021, PBRB staff met with the FWS Patuxent Research Refuge Manager who expressed an interest in acquiring the Property to expand the facility for conservation purposes and subsequently provided a written request for transfer on November 3, 2021. In email correspondence, Senator Cardin’s staff indicated that he and Representative Hoyer supported transfer of the Property to FWS to expand the Refuge. PBRB staff also briefed the staff of the Maryland-National Capital Park and Planning Commission on December 16, 2021.

PBRB staff also contacted the Tribal Historic Preservation Officers for the Delaware Nation-Oklahoma and the Delaware Tribe of Indians. The Delaware Tribe requested further information on the disposal process for FASTA properties and the Maryland properties being considered.

FASTA Grading

FASTA Grading incorporates legislative and advisory criteria into a quantitative process to evaluate candidate properties. There are 18 criteria across four categories that contribute to a successful recommendation; in the First Round, the Board has applied additional weight to Financial and Community categories. The Board assigns a score of 0, 1, or 2 for each factor and calculates a 0 to 100% grade reflecting the maximum achievable grade for either occupied or vacant property. Properties are removed from further evaluation if their score is below 40% or the Board encounters a significant barrier that prevents disposition or consolidation.

The Final FASTA Grade for the Goddard Space Flight Center Area 400 is 63.3%, which equates to a “high” grade relative to other candidate properties (Less than 50 = “Low”; 50 to 60 = “Medium”; Above 60 = “High”).

Conclusion

So it would seem this land rates high on any list to be subject to a federal agency transfer, not a sale for private development.

We contacted the Chesapeake Bay Commission and the Chesapeake Conservancy on Monday, and Ann Swanson said: “As the story unfolds, the target keeps shifting.”

She indicated the op-ed was submitted to The Washington Post in mid-December, before the PBRB report was released, but was not published until Jan. 6.

NASA was deliberating between two options for the property’s “disposal,” she said, via the traditional Property Act disposal or the new FASTA Act process.

“It was our best understanding that the property was going to be offered for fair market sale via FASTA. At the time of our writing, DOI/FWS had also made it clear that they did not have the funding to purchase the property, and had requested a fee-free transfer.”

“When the PBRB report was finally available, we were pleasantly surprised,” she said. “It seemed that the report language had shifted in tone and content, recommending to OMB that disposal occur via a transfer of the 105-acre Area 400 from NASA to DOI/FWS. However, they did not recommend that the property be transferred without sale.”

She said the Fish and Wildlife Service has “repeatedly” indicated that they do not have the funding to purchase the property.

“Therefore, the property remains vulnerable,” she said. “OMB has 30 days to respond to PBRB’s recommendations – so we are still waiting to learn what is next.”

For DOI/FWS to assume responsibility of the property, NASA must also conduct groundwater/soils site analysis and a septic study to determine if there is any contamination on site.

“To our knowledge, this has not happened,” she said. “It would be a shame to require the federal government to buy a property from the federal government, especially one that supports more than one-hundred acres of mature hardwood trees which are actively sequestering carbon when our goals to reduce our carbon footprint evade us. The property is also immediately adjacent to forest land also owned by the Federal government. Contiguous forest is the most desirable of our land uses.”

We finally heard back from a spokesperson for the U.S. Fish and Wildlife Service on Wednesday, but most of my questions were not answered.

The press office released this statement.

“We refer you to NASA for information regarding the status of their intentions for disposal of this parcel. We have been and will continue to consult with them on the viability and potential for this parcel – including condition of the property and infrastructure, existence and clean-up of any contaminants, and specific terms of transfer – as it relates to its position adjacent to the U.S. Fish and Wildlife Service’s Patuxent Research Refuge and its conservation benefits as forested habitat along the Patuxent River corridor.”

We will continue to update this story as information comes to light.

The ball is back in NASA’s court. We’re waiting to hear back about the agency’s intentions on supporting the transfer — or a fast sale.

Update Thursday, Feb. 3

According to reporting from the Chesapeake Bay Journal, the Maryland forest tract owned by NASA that’s allegedly at risk of being sold to a developer has won a reprieve for now.

The White House Office of Management and Budget (OMB) last week rejected a list of federal properties recommended for sale or transfer, which included a 105-acre parcel near the Goddard Space Flight Center in Greenbelt. It directed the Public Buildings Reform Board, the agency charged with identifying federal property to be sold off, to resubmit its recommendations by Feb. 27 after assembling more information to justify the disposal of the NASA site and 14 other properties.

OMB Letter of Rejection (PDF)

We have contacted the OMB for further comment, as well as other activists involved in the controversy.

“We are very pleased to see that OMB rejected the list, allowing 30 additional days for NASA to conduct the stakeholder outreach and site assessments necessary,” said Ann Swanson, executive director of the Chesapeake Bay Commission. “We remain concerned, however, that using the FASTA process will not allow sufficient time to ensure that the property can be transferred fee free, with the site remediation that may be necessary. We hope that NASA removes the property from the list and instead uses the more traditional Federal Properties Act to transfer the property fee free from one agency to another. Using the FPA will allow for the time necessary.”

NASA has estimated that there are 5,225 trees established on Area 400,” she added.

“Given our country’s commitment to reduce carbon emissions and address climate change, there is no reason to turn the fate of this forest to development. NASA should ensure that the USFWS folds the property into the Patuxent Wildlife Refuge, the good of wildlife, the community and the globe.”

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