[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2620 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2620
To establish the Chesapeake National Recreation Area as a unit of the
National Park System, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2023
Mr. Van Hollen (for himself, Mr. Cardin, Mr. Warner, and Mr. Kaine)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish the Chesapeake National Recreation Area as a unit of the
National Park System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chesapeake National Recreation Area
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advisory commission.--The term ``Advisory Commission''
means the Chesapeake National Recreation Area Advisory
Commission established under section 11(a).
(2) Bay.--The term ``Bay'' means--
(A) the Chesapeake Bay watershed; and
(B) any tidal segment of a tributary of the
Chesapeake Bay in any State.
(3) Bay program.--The term ``Bay Program'' means the
Chesapeake Bay Program authorized under section 117 of the
Federal Water Pollution Control Act (33 U.S.C. 1267).
(4) Chesapeake gateways.--The term ``Chesapeake Gateways''
means the Chesapeake Bay Gateways and Watertrails Network
authorized under section 502 of the Chesapeake Bay Initiative
Act of 1998 (54 U.S.C. 320101 note; Public Law 105-312).
(5) Map.--The term ``Map'' means the map entitled
``Chesapeake National Recreation Area Proposed Boundary'',
numbered P99/189631, and dated June 2023.
(6) National park service site.--The term ``National Park
Service site'' means a unit of the National Park System that
is--
(A) directly associated with the Bay; and
(B) located in 1 or more of the States in the Bay
watershed.
(7) Partner site.--The term ``partner site'' means land
that is subject to a partner site agreement under section 8(b).
(8) Recreation area.--The term ``Recreation Area'' means
the Chesapeake National Recreation Area established by section
4(a).
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(10) Youth representative.--The term ``youth
representative'' means a member of the Advisory Commission
who--
(A) has not attained the age of 22 as of the date
on which the member is appointed or reappointed; and
(B) is tasked with representing the interests of
children and young adults in the State from which the
member is appointed.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to recognize the ecological, cultural, and historic
diversity of the region in which the Bay is located by
promoting the national significance of the Bay and surrounding
areas;
(2) to conserve and protect the significant natural,
recreational, historical, and cultural resources relating to
the Bay;
(3) to facilitate public access to the Bay for--
(A) recreation;
(B) public enjoyment; and
(C) the enhancement of sustainable tourism that
respects the health of the Bay;
(4) to encourage engagement and cooperation with
communities that neighbor the Bay and communities that include
historically underserved and underrepresented populations that
have traditionally lacked access to the Bay;
(5) to promote diversity, equity, and inclusion with
respect to the Bay by emphasizing the vital economic, cultural,
and ecological contributions of historic and current
populations, including, at a minimum, by providing educational
and interpretive services to increase public understanding of,
and appreciation for--
(A) the natural, historical, and cultural resources
of the Bay; and
(B) traditional practices of the individuals whose
livelihoods have been dependent on the land and water
resources of the Bay and the surrounding area;
(6) to facilitate the cooperative management and
stewardship of the resources of the Bay; and
(7) to advance the conservation goals of Chesapeake
Gateways and the Bay Program.
SEC. 4. ESTABLISHMENT AND BOUNDARIES OF CHESAPEAKE NATIONAL RECREATION
AREA.
(a) Establishment.--To preserve, protect, interpret, and provide
for the public enjoyment of the resources relating to the Bay and
surrounding areas, there is established as a unit of the National Park
System the Chesapeake National Recreation Area.
(b) Boundary.--The boundary of the Recreation Area shall be the
boundary as depicted on the Map.
(c) Administrative, Interpretive, and Visitor Service Sites.--As
soon as practicable after the date of the establishment of the
Recreation Area, the Secretary shall--
(1) seek to enter into a cooperative agreement for
administrative, interpretive, and visitor service uses for the
Recreation Area under section 8(a) or a partner site agreement
under section 8(b) with the City of Annapolis, Maryland, for
the use of the Burtis House;
(2) acquire, lease, or enter into a cooperative management
agreement with respect to real property for an additional
administrative, interpretive, and visitor services center for
the Recreation Area, which shall be located within or in the
environs of the historic downtown area of the City of
Annapolis, Maryland; and
(3) acquire, lease, or enter into a cooperative management
agreement with respect to real property for an additional
interpretive and visitor services center for the Recreation
Area, which shall be located within or in the environs of Fort
Monroe.
(d) Availability of Map.--The Map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(e) Revision of Fort Monroe National Monument Boundary.--
(1) In general.--The boundary of Fort Monroe National
Monument, established by Proclamation 8750, dated November 1,
2011 (54 U.S.C. 320301 note; 76 Fed. Reg. 68625), is revised to
exclude all land and interests in land within the North Beach
area of the Monument (as in existence on the day before the
date of enactment of this Act) that are identified on the Map
as part of the Recreation Area.
(2) Administration.--Any reference in any law, regulation,
document, record, map, or other paper of the United States to
the land or interests in land described in paragraph (1) shall
be considered to be a reference to the Recreation Area.
(3) Transfer of administrative jurisdiction.--
(A) In general.--Subject to subparagraph (B) and
until the date on which administrative jurisdiction
over the land and interests in land are transferred to
the Secretary, the Secretary of the Army shall continue
to administer the land and interests in land described
in paragraph (1) that were under the jurisdiction of
the Secretary of the Army as of the day before the date
of enactment of this Act in accordance with--
(i) the memorandum of agreement between the
Secretary of the Army and the Secretary dated
December 9, 2016; and
(ii) this Act.
(B) Requirements.--In carrying out subparagraph
(A), the Secretary of the Army shall--
(i) consult with the Secretary; and
(ii) administer the land and interests in
land described in paragraph (1) in a manner
consistent with this Act.
SEC. 5. ACQUISITION OF LAND FOR THE CHESAPEAKE NATIONAL RECREATION
AREA.
(a) Within Boundary.--Subject to subsection (c), the Secretary may
acquire land or interests in land within the boundary of the Recreation
Area only by--
(1) donation;
(2) purchase from a willing seller with donated or
appropriated funds;
(3) exchange; or
(4) transfer from another Federal agency.
(b) Outside Boundary.--
(1) In general.--Subject to subsection (c), the Secretary
may acquire, using the methods described in subsection (a),
land or interests in land located outside the boundary of the
Recreation Area, in consultation with the Advisory Commission
as described in section 11(b)(2)(B).
(2) Inclusion in recreation area.--On acquisition of land
or an interest in land under paragraph (1), the boundary of the
Recreation Area shall be modified to reflect the acquisition.
(c) Limitation.--Any land or interest in land owned by a State or a
political subdivision of a State that is within the boundary of the
Recreation Area or described in subsection (b)(1) may be acquired only
by donation.
(d) Condemnation.--No land or interest in land may be acquired for
the Recreation Area by condemnation unless the owner of the applicable
land or interest in land consents to the condemnation.
(e) Environmental Quality Standards.--Prior to the acquisition of
land or an interest in land under this section, the Secretary shall
ensure that the land or interest in land meets all applicable
environmental quality standards.
(f) Boundary Adjustment.--As the Secretary determines to be
necessary, the Secretary may make minor revisions of the boundary of
the Recreation Area by publishing a revised map or other boundary
description in the Federal Register.
SEC. 6. ACQUISITION OF LAND-BASED RESOURCES FOR THE CHESAPEAKE NATIONAL
RECREATION AREA.
(a) In General.--Subject to subsection (b), the Secretary may
acquire land-based resources, including associated docks, piers, and
structures extending into adjacent waters, within the boundary of the
Recreation Area only by--
(1) donation;
(2) purchase from a willing seller with donated or
appropriated funds;
(3) exchange; or
(4) transfer from another Federal agency.
(b) Environmental Quality Standards.--Prior to the acquisition of a
land-based resource under this section, the Secretary shall ensure that
the land-based resource meets all applicable environmental quality
standards.
SEC. 7. ADMINISTRATION.
(a) In General.--The Secretary shall administer the Recreation Area
in accordance with--
(1) this section; and
(2) the laws generally applicable to units of the National
Park System, including title 54, United States Code.
(b) Headquarters.--To facilitate coordination of the Recreation
Area with Chesapeake Gateways and the Bay Program, the headquarters of
the Recreation Area shall be located at the Chesapeake Bay Office of
the National Park Service of the Department of the Interior.
(c) Commercial and Recreational Fishing.--Nothing in this Act
impacts or otherwise affects statutory or regulatory authority with
respect to navigation or regulation of commercial or recreational
fishing activities or shellfish aquaculture in the Chesapeake Bay or
tributaries of the Chesapeake Bay.
(d) State Jurisdiction.--Nothing in this Act enlarges or diminishes
the jurisdiction of a State, including the jurisdiction or authority of
a State with respect to fish and wildlife management.
(e) Coordination.--
(1) In general.--Consistent with the purposes of the
Recreation Area, the Secretary shall seek to coordinate the
programming and management of activities of the Recreation Area
with the goals of Chesapeake Gateways and the Chesapeake Bay
Agreement (as defined in section 117(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1267(a))).
(2) Coordination with national park service sites and
partner sites.--As a component of the management plan required
under section 10, the Secretary shall, to the maximum extent
practicable, coordinate the development of an implementation
plan for onsite interpretation of resources and other means of
enhancing public understanding of the Bay at participating
National Park Service sites and partner sites to tell the story
of the outstanding, remarkable, and nationally significant
resources of the Bay.
SEC. 8. AGREEMENTS AND MATCHING FUNDS.
(a) Cooperative Agreements.--
(1) In general.--To accomplish the purposes of the
Recreation Area, the Secretary may enter into cooperative
agreements with a State, a political subdivision of a State, an
educational institution, a Tribal government, a nonprofit
organization, or other interested party that contributes to--
(A) the development of the Recreation Area; or
(B) the implementation of the management plan for
the Recreation Area prepared under section 10(a).
(2) Matching funds.--
(A) In general.--The Secretary shall require that
any Federal funds made available under an agreement
entered into under paragraph (1) shall be matched on a
1-to-1 basis by non-Federal funds.
(B) In-kind contribution.--With the approval of the
Secretary, the non-Federal share required under
subparagraph (A) may be in the form of property, goods,
or services from a non-Federal source, fairly valued.
(3) Effect.--Nothing in this subsection affects any
existing cooperative agreement authority applicable to
Chesapeake Gateways.
(b) Partner Site Agreements.--
(1) In general.--The Secretary, under such terms and
conditions as the Secretary considers to be appropriate, may
enter into a partner site agreement with an eligible entity
described in paragraph (2) that owns or manages an eligible
site described in paragraph (3), which shall provide for the
inclusion of the partner site in the Recreation Area.
(2) Description of eligible entity.--An eligible entity
referred to in paragraph (1) is--
(A) a Federal entity;
(B) a State or local government;
(C) a Tribal government;
(D) a private nonprofit organization; or
(E) a private landowner.
(3) Description of eligible site.--An eligible site
referred to in paragraph (1) is land that the Secretary has
determined--
(A) contains a nationally significant natural,
recreational, historical, or cultural resource;
(B) ensures public access to the applicable
resource; and
(C) meaningfully contributes to the purposes of the
Recreation Area.
(4) Criteria for inclusion in the recreation area.--On the
establishment of the Advisory Commission, the Secretary shall,
establish any additional criteria for inclusion of partner
sites in the Recreation Area, taking into consideration the
recommendations of the Advisory Commission under section
11(b)(2).
(5) Cooperative management of partner sites.--Under a
partner site agreement entered into paragraph (1), the
Secretary may acquire from, and provide to, the owner or
manager of the partner site goods and services to be used in
the cooperative management of the applicable partner site.
(6) Prohibition.--The Secretary may not transfer
administrative responsibilities for the Recreation Area to the
owner or operator of a partner site.
(c) Terms and Conditions of Agreements.--Any agreement entered into
under subsection (a) or (b) may include any terms and conditions that
are determined to be necessary by the Secretary to ensure that--
(1) in the case of an agreement relating to a partner site,
the partner site complies with the terms and conditions of the
applicable agreement;
(2) the Secretary has the right of access at all reasonable
times, and as specified in the applicable agreement, to all
public portions of the properties covered by the agreement or
grant for the purposes of--
(A) conducting visitors through the properties or
providing public recreational access;
(B) interpreting the properties for the public; and
(C) research, inventory, monitoring, and resource
management;
(3) no changes or alterations may be made to any properties
covered by an agreement entered into under subsection (a) or
(b) unless the Secretary and the other party to the agreement
agree to the changes or alterations; and
(4) any conversion, use, or disposal of a project for
purposes contrary to the purposes of this Act, as determined by
the Secretary, shall entitle the United States to reimbursement
in an amount equal to the greater of--
(A) the amounts made available to the project by
the United States; and
(B) the portion of the increased value of the
project attributable to the amounts made available
under this subsection, as determined at the time of the
conversion or disposal.
SEC. 9. CHESAPEAKE GATEWAYS.
(a) In General.--The Secretary (acting through the Superintendent
of the Chesapeake Bay Office of the National Park Service) shall
administer Chesapeake Gateways in coordination with the Recreation
Area.
(b) Permanent Authorization.--Section 502(c) of the Chesapeake Bay
Initiative Act of 1998 (54 U.S.C. 320101 note; Public Law 105-312) is
amended by striking ``to carry out this section $3,000,000'' and all
that follows through the period at the end and inserting ``to carry out
activities authorized under this section $6,000,000 for each fiscal
year.''.
(c) Effect.--Nothing in this section or an amendment made by this
section modifies the eligibility criteria developed under section
502(b)(2) of the Chesapeake Bay Initiative Act of 1998 (54 U.S.C.
320101 note; Public Law 105-312).
SEC. 10. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date on which
funds are first made available for the preparation of a management plan
for the Recreation Area, the Secretary, in consultation with the
Chesapeake Executive Council (as defined in section 117(a) of the
Federal Water Pollution Control Act (33 U.S.C. 1267(a))) and the
Advisory Commission, shall prepare a management plan for the Recreation
Area, in accordance with--
(1) section 7(e)(2); and
(2) section 100502 of title 54, United States Code.
(b) Transportation Planning.--
(1) Initial sites.--As soon as practicable after the date
of enactment of this Act, the Secretary, in coordination with
the Secretary of Transportation and State transportation
agencies, shall conduct transportation planning in accordance
with section 100502(3) of title 54, United States Code, with
respect to the initial sites depicted on the Map, to minimize
traffic burden on the surrounding community by--
(A) providing an evaluation of the transportation
systems needs;
(B) using strategies to effectively manage the
transportation system;
(C) subject to section 7(c), prioritizing water and
trail access to Recreation Area sites; and
(D) collecting community feedback on traffic.
(2) Future sites.--The Secretary may, in accordance with
paragraph (1), conduct additional transportation planning, as
determined to be necessary by the Secretary, for any future
sites included in the Recreation Area.
(c) Cost Share.--The management plan prepared under subsection (a)
shall address costs to be shared by the Secretary and partner sites for
necessary capital improvements to, and maintenance and operations of,
the Recreation Area.
(d) Submission to Congress.--On completion of the management plan
under subsection (a), the Secretary shall submit the management plan
to--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
SEC. 11. CHESAPEAKE NATIONAL RECREATION AREA ADVISORY COMMISSION.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish an advisory
commission, to be known as the ``Chesapeake National Recreation Area
Advisory Commission''.
(b) Duties.--The Advisory Commission shall--
(1) advise the Secretary on the development and
implementation of the management plan required under section
10; and
(2) after consultation with the States and other interested
parties, recommend to the Secretary criteria and specific
recommendations on the Bay for--
(A) partner sites; and
(B) properties to be added to the boundary of the
Recreation Area to be managed by the Secretary,
including properties located outside of the existing
boundaries of the Recreation Area.
(c) Applicable Law.--Except as otherwise provided in this section,
the Advisory Commission shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.)
(except section 14(b) of that Act); and
(2) all other applicable laws (including regulations).
(d) Membership.--
(1) In general.--The Advisory Commission shall be composed
of 19 members, appointed by the Secretary, of whom--
(A) 9 shall be appointed to represent the State of
Maryland, of whom--
(i) 4 shall have knowledge of
environmental, recreational, cultural or
historic resources, environmental justice,
grassroots organizing, education, or
interpretation;
(ii) 1 shall represent commercial fishing
interests on the Bay;
(iii) 1 shall represent agricultural
interests in the watershed of the Bay;
(iv) 1 shall be a youth representative;
(v) 1 shall be selected from among
individuals recommended by the Governor of the
State of Maryland; and
(vi) 1 shall be a representative of a
federally recognized Indian Tribe or State-
recognized Indian Tribe that is traditionally
associated with the Bay;
(B) 9 shall be appointed to represent the
Commonwealth of Virginia, of whom--
(i) 4 shall have knowledge of
environmental, recreational, cultural or
historic resources, environmental justice,
grassroots organizing, education, or
interpretation;
(ii) 1 shall represent commercial fishing
interests on the Bay;
(iii) 1 shall represent agricultural
interests in the watershed of the Bay;
(iv) 1 shall be a youth representative;
(v) 1 shall be selected from among
individuals recommended by the Governor of the
Commonwealth of Virginia; and
(vi) 1 shall be a representative of a
federally recognized Indian Tribe or State-
recognized Indian Tribe that is traditionally
associated with the Bay; and
(C) 1 shall be the Executive Director of the
Chesapeake Bay Commission.
(2) Requirement.--In appointing the members described in
subparagraphs (A)(i) and (B)(i) of paragraph (1), the Secretary
shall seek to ensure the broadest practicable representation of
the areas of knowledge described in those subparagraphs.
(e) Terms.--
(1) In general.--A member of the Advisory Commission shall
be appointed for a term of 3 years.
(2) Succession and reappointment.--On expiration of the
term of a member of the Advisory Commission, the member--
(A) shall continue to serve until a successor is
appointed; and
(B) may be reappointed to serve an additional 3-
year term.
(f) Vacancies.--A vacancy on the Advisory Commission shall be
filled in the same manner as the original appointment.
(g) Elected Positions.--
(1) Chairperson.--The Advisory Commission shall have a
Chairperson who shall--
(A) be elected by the Advisory Commission; and
(B) serve for a term of 1 year, unless reelected
pursuant to procedures established by the Advisory
Commission under subsection (h)(1).
(2) Vice chairperson.--The Advisory Commission shall have a
Vice Chairperson who shall--
(A) be elected by the Advisory Commission;
(B) serve for a term of 1 year, unless reelected
pursuant to procedures established by the Advisory
Commission under subsection (h)(1); and
(C) serve as Chairperson in the absence of the
Chairperson.
(3) Other positions.--The Advisory Commission may establish
other positions and elect members to serve in those positions
as the Advisory Commission determines to be appropriate,
subject to subsection (h).
(h) Procedures.--
(1) In general.--Subject to paragraphs (2) through (6) and
any applicable laws (including regulations), the Advisory
Commission may establish such rules and procedures for
conducting the affairs of the Advisory Commission as the
Advisory Commission determines to be necessary.
(2) Meetings.--The Advisory Commission shall meet at the
call of--
(A) the Chairperson; or
(B) a majority of the appointed members.
(3) Quorum.--A quorum shall consist of not less than 11 of
the members of the Advisory Commission.
(4) Actions of the advisory commission.--Any action of the
Advisory Commission shall require a majority vote of the
members present at any meeting.
(5) Virtual meetings.--
(A) In general.--Meetings of the Advisory
Commission may be conducted virtually, in whole or in
part.
(B) Request.--Any member of the Advisory Commission
may request permission from the Chairperson of the
Advisory Commission to participate virtually in--
(i) a meeting; and
(ii) all activities for that meeting.
(6) Elections.--Not less than \3/4\ of the members of the
Advisory Commission must be present, virtually or in-person,
for elections carried out under subsection (g).
(i) Advisory Commission Personnel Matters.--
(1) Compensation of members.--
(A) In general.--Members of the Advisory Commission
shall serve without compensation.
(B) Travel expenses.--Members of the Advisory
Commission shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized
for an employee of an agency under subchapter 1 of
chapter 57 of title 5, United States Code, while away
from the home or regular place of business of the
member in the performance of services for, or the
duties of, the Commission.
(2) Staff.--
(A) In general.--The Secretary may provide the
Advisory Commission with any staff or technical
assistance that the Secretary, after consultation with
the Advisory Commission, determines to be appropriate
to enable the Advisory Commission to carry out the
duties of the Advisory Commission.
(B) Detail of employees.--The Secretary may accept
the services of personnel detailed from a State or any
political subdivision of a State.
(j) Termination.--
(1) In general.--Unless extended under paragraph (2), the
Advisory Commission shall terminate on the date that is 10
years after the date of enactment of this Act.
(2) Extension.--
(A) Recommendation.--Not later than 8 years after
the date of enactment of this Act, the Advisory
Commission shall make a recommendation to the Secretary
as to whether the Advisory Commission is still
necessary to advise on the development of the
Recreation Area.
(B) Determination.--
(i) In general.--If, based on a
recommendation under subparagraph (A), the
Secretary determines that the Advisory
Commission is still necessary, the Secretary
may extend the existence of the Advisory
Commission for a period of not more than 10
years beyond the date described in paragraph
(1).
(ii) Timing.--The Secretary shall make a
determination to extend the existence of the
Advisory Commission under clause (i) not later
than 180 days before the date described in
paragraph (1).
SEC. 12. SAVINGS PROVISION.
Except as provided in section 4(e), nothing in this Act enlarges or
diminishes the authority of any official at, or transfers the
administration or management of, any National Park Service site or any
partner site to the Recreation Area.
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