119-s1408

[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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