[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1408 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1408
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
April 10, 2025
Mr. Van Hollen (for himself, Ms. Alsobrooks, Mr. Kaine, and Mr. Warner)
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 of 2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advisory commission.--The term ``Advisory Commission''
means the Chesapeake National Recreation Area Advisory
Commission established under section 9(a).
(2) Bay.--The term ``Bay'' means the Chesapeake Bay,
including its tidal tributaries, in Maryland and Virginia.
(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 (5 pages).
(6) National recreation area.--The term ``National
Recreation Area'' means the Chesapeake National Recreation Area
established by section 3(a).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) 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. ESTABLISHMENT AND BOUNDARIES OF CHESAPEAKE NATIONAL RECREATION
AREA.
(a) Establishment.--
(1) In general.--Subject to paragraph (2), there is
established the Chesapeake National Recreation Area in the
States of Maryland and Virginia as a unit of the National Park
System to preserve, protect, interpret, and provide for the
public enjoyment of, and access to, the natural, cultural,
historic, and recreational resources relating to the Bay and
surrounding areas.
(2) Determination by the secretary.--The National
Recreation Area shall not be established until the date on
which the Secretary determines that a sufficient quantity of
land or interests in land has been acquired to constitute a
manageable park unit.
(3) Notice.--Not later than 30 days after the Secretary
makes a determination under paragraph (2), the Secretary shall
publish in the Federal Register notice of the establishment of
the National Recreation Area.
(b) Boundary.--The boundary of the National Recreation Area shall
include any area acquired by the Secretary from sites depicted on the
Map.
(c) Availability of Map.--The Map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(d) Revision of Fort Monroe National Monument Boundary.--
(1) In general.--At such time as the Secretary determines
that the land identified on the Map within 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), has been remediated and is appropriate for inclusion in
the National Recreation Area--
(A) administrative jurisdiction over the land shall
be transferred from the Secretary of the Army to the
Secretary for inclusion in the National Recreation
Area; and
(B) the boundary of the Fort Monroe National
Monument shall be 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), as generally depicted on the
Map.
(2) References to national recreation area.--Any reference
in any law, regulation, document, record, map, or other paper
of the United States to the land described in paragraph (1)
shall be considered to be a reference to the National
Recreation Area.
(3) Interim administration.--Until the date on which
administrative jurisdiction over the land is transferred to the
Secretary under paragraph (1), the Secretary of the Army shall
continue to administer the land described in that paragraph
that was under the jurisdiction of the Secretary of the Army as
of the day before the date of enactment of this Act in
accordance with the memorandum of agreement between the
Secretary of the Army and the Secretary entitled ``Memorandum
of Agreement Between the Department of the Army and the
Department of the Interior for Fort Monroe National Monument''
and dated December 9, 2016.
(4) Boundary revision.--On transfer of administrative
jurisdiction over the land to the Secretary under paragraph
(1), the boundary of the National Recreation Area shall be
revised to include the land transferred under that paragraph,
which shall be administered in accordance with the laws
applicable to the National Recreation Area.
SEC. 4. ACQUISITION OF LAND FOR THE CHESAPEAKE NATIONAL RECREATION
AREA.
(a) In General.--Subject to subsection (c), the Secretary may
acquire land or interests in land within the boundary of the National
Recreation Area by--
(1) donation;
(2) purchase from a willing seller with donated or
appropriated funds;
(3) exchange; or
(4) transfer from another Federal agency.
(b) Additional Sites.--The Secretary, in consultation with the
Advisory Commission, may--
(1) identify additional sites near or adjacent to the Bay
for potential addition to the National Recreation Area; and
(2) subject to the availability of appropriations, assess
whether sites identified under paragraph (1)--
(A) are appropriate for addition to the National
Recreation Area; and
(B) meet National Park Service criteria applicable
to additions to units of the National Park System.
(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
National Recreation Area may be acquired only by donation.
(d) Condemnation.--No land or interest in land may be acquired for
the National Recreation Area by condemnation.
SEC. 5. ADMINISTRATION.
(a) In General.--The Secretary shall administer the National
Recreation Area in accordance with--
(1) this section; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) sections 100101(a), 100751(a), 100752, 100753,
and 102101 of title 54, United States Code; and
(B) chapters 1003 and 3201 of title 54, United
States Code.
(b) Headquarters.--To facilitate coordination of the National
Recreation Area with the Chesapeake Gateways program and the Bay
Program, the Secretary may locate the headquarters of the National
Recreation Area at the Chesapeake Bay Office of the National Park
Service.
(c) Administrative, Interpretive, and Visitor Service Sites.--The
Secretary may acquire, in accordance with section 4(a), not more than
10 acres outside the boundary of the National Recreation Area for
administrative, interpretive, and visitor service purposes.
(d) Commercial and Recreational Fishing.--Nothing in this Act
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 its tributaries.
(e) 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.
(f) Coordination.--
(1) In general.--Consistent with the purposes of the
National Recreation Area, the Secretary shall coordinate the
management of the National Recreation Area with the Chesapeake
Gateways and the Bay Program.
(2) Coordination with national park service sites.--As a
component of the management plan required under section 8, the
Secretary shall, to the maximum extent practicable, coordinate
the development of an implementation plan to interpret and
enhance public understanding of the outstanding, remarkable,
and nationally significant resources of the Bay with units of
the National Park System located in the Bay watershed.
SEC. 6. AGREEMENTS.
The Secretary may enter into an agreement with a State, a political
subdivision of a State, a nonprofit organization, or an individual to
interpret and restore nationally significant historic, cultural, or
recreational resources relating to the Bay if the agreement provides
for reasonable public access to the resources covered by the agreement.
SEC. 7. CHESAPEAKE GATEWAYS.
(a) In General.--The Secretary shall administer the Chesapeake
Gateways in coordination with the National 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 ``is authorized'' and all that follows through the
period at the end and inserting ``are authorized to be appropriated
such sums as are necessary to carry out this section.''.
(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. 8. 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 National 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 National
Recreation Area in accordance with section 100502 of title 54, United
States Code.
(b) Visitor Facilities.--In preparing the management plan under
subsection (a), the Secretary shall consider the inclusion of visitor
facilities for the National Recreation Area in Annapolis, Maryland, and
in or near Fort Monroe.
(c) Transportation Planning.--As part of the management plan
prepared under subsection (a), the Secretary, in consultation with
State and local governments, shall seek to minimize park-related
traffic impacts of the National Recreation Area on nearby communities.
SEC. 9. 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 and Authorizations.--The Advisory Commission--
(1) shall--
(A) make recommendations to the Secretary on the
development and implementation of the management plan
required under section 8; and
(B) after consultation with the States and other
interested parties, provide to the Secretary
recommendations for additional properties near or
adjacent to the Bay to be studied for potential
addition to the National Recreation Area in accordance
with section 4(b); and
(2) may establish committees relating to specific National
Recreation Area management issues, including education,
tourism, transportation, natural resources, cultural and
historic resources, and activities to raise revenue for the
National Recreation Area, with membership on a committee
established under this paragraph to be open to members of the
Advisory Commission and individuals that are not members of the
Advisory Commission.
(c) Applicable Law.--Except as otherwise provided in this section,
the Advisory Commission shall be subject to--
(1) chapter 10 of title 5, United States Code (commonly
known as the ``Federal Advisory Committee Act''), except
section 1013(b) of that title; 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 from the State of
Maryland, of whom--
(i) 4 shall have knowledge of
environmental, recreational, cultural, or
historic resources, 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 after considering
recommendations 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 from the State of
Virginia, of whom--
(i) 4 shall have knowledge of
environmental, recreational, cultural, or
historic resources, 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 after considering
recommendations by the Governor of the State 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 representation from communities around the
Bay and broad 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 its
duties.
(B) Detail of employees.--The Advisory Commission
may accept the services of personnel detailed from a
State or any political subdivision of a State.
(j) Termination.--The Advisory Commission shall terminate on the
date that is 7 years after the date of enactment of this Act.
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