[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5037-S5040]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2774. Mr. VAN HOLLEN (for himself, Mr. Cardin, Mr. Kaine, and Mr.
Warner) submitted an amendment intended to be proposed by him to the
bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Establishment of Chesapeake National Recreation Area
SEC. 1096. DEFINITIONS.
In this subtitle:
(1) Advisory commission.--The term ``Advisory Commission''
means the Chesapeake National Recreation Area Advisory
Commission established under section 1099F(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
1099C(b).
(8) Recreation area.--The term ``Recreation Area'' means
the Chesapeake National Recreation Area established by
section 1098(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. 1097. PURPOSES.
The purposes of this subtitle 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
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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. 1098. 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 1099C(a) or a partner site
agreement under section 1099C(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 subtitle.
(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 subtitle.
SEC. 1099. 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 1099F(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. 1099A. 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. 1099B. 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
subtitle 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 subtitle 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 1099E, 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. 1099C. 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 1099E(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
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(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 1099F(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 subtitle, 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. 1099D. 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. 1099E. 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 1099B(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 1099B(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. 1099F. 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
1099E; 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) chapter 10 of title 5, United States Code (commonly
referred to 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 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
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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. 1099G. SAVINGS PROVISION.
Except as provided in section 1098(e), nothing in this
subtitle 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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