S. 1408

105 S1408 IS: Chesapeake National Recreation Area Act of 2025
 U.S. Senate
 2025-04-10
 text/xml
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 1408  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.
1.
Short title
This Act may be cited as the   Chesapeake National Recreation Area Act of 2025  .
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.
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.
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.
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.
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.
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 ).
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.
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.