[Senate Report 113-64]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 118
113th Congress                                                   Report
                                 SENATE
 1st Session                                                     113-64

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                  CHESAPEAKE AND OHIO CANAL COMMISSION

                                _______
                                

                 June 27, 2013.--Ordered to be printed

                                _______
                                

    Mr. Wyden, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 476]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 476) to amend the Chesapeake and Ohio 
Canal Development Act to extend to the Chesapeake and Ohio 
Canal National Historical Park Commission, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK 
                    COMMISSION.

  The Chesapeake and Ohio Canal National Historical Park Commission 
(referred to in this Act as the ``Commission'') is authorized in 
accordance with the provisions of section 6 of the Chesapeake and Ohio 
Canal Development Act (16 U.S.C. 410y-4), except that the Commission 
shall terminate 10 years after the date of enactment of this Act.

                                PURPOSE

    The purpose of S. 476 is to amend the Chesapeake and Ohio 
Canal Development Act to extend the authorization for the 
Chesapeake and Ohio Canal National Historical Park Commission 
for a term of 10 years.

                          BACKGROUND AND NEED

    The Chesapeake and Ohio Canal National Historical Park 
Commission (Commission) was first established as part of the 
1971 Chesapeake and Ohio Canal Development Act (Public Law 91-
664). The Commission facilitates public involvement and 
engagement with the Historical Park, including advice related 
to planning for park activities and operations. The Commission 
serves purely in an advisory role.
    The Commission was originally authorized for a 10-year 
period, and was reauthorized on three separate occasions for an 
additional 10-year term. The current authorization for the 
Commission expired on January 8, 2011.

                          LEGISLATIVE HISTORY

    Senators Cardin and Mikulski introduced S. 476 on March 6, 
2013. The Subcommittee on National Parks held a hearing on S. 
476 on April 23, 2013. At its business meeting on May 16, 2013 
the Committee ordered S. 476 favorably reported with an 
amendment in the nature of a substitute.
    Senators Cardin and Mikulski introduced a similar bill in 
the 112th Congress. The Subcommittee on National Parks held a 
hearing on S. 324 on July 28, 2011 (S. Hrg. 112-214).

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 16, 2013, by a voice vote of a 
quorum present, recommends that the Senate pass S. 476 if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 476, the Committee adopted 
an amendment in the nature of a substitute. The amendment marks 
technical and clarifying changes to reauthorize the Chesapeake 
and Ohio Canal National Historical Park Commission for a term 
of 10 years.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 authorizes the Chesapeake and Ohio Canal National 
Historical Park Commission in accordance with the provisions of 
section 6 of the Chesapeake and Ohio Canal Development Act (16 
U.S.C. 410y-4) for 10 years from the date of enactment of the 
Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 476--A bill to amend the Chesapeake and Ohio Canal Development Act 
        to extend the Chesapeake and Ohio Canal National Historical 
        Park Commission

    S. 476 would extend the authorization of the Chesapeake and 
Ohio Canal National Historical Park Commission for an 
additional 10 years. The Commission's original authority 
expired in 2011. Based on information provided by the National 
Park Service, CBO estimates that implementing the legislation 
would have no significant impact on the federal budget. 
Commission members would serve without compensation; however, 
certain expenses could be reimbursed. CBO estimates that those 
payments would be minor. Enacting S. 476 would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    S. 476 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 476.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 476, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 476, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
April 23, 2013, Subcommittee on National Parks hearing on S. 
476 follows:

  Statement of Peggy O'Dell, Deputy Director for Operations, National 
                Park Service, Department of the Interior

    Mr. Chairman, members of the subcommittee, thank you for 
the opportunity to present the views of the Department of the 
Interior on S. 476, a bill that would amend the Chesapeake and 
Ohio Canal Development Act to extend the authority of the 
Chesapeake and Ohio Canal National Historical Park Commission.
    The Department supports S. 476. The establishment of the 
Chesapeake and Ohio Canal National Historical Park Commission 
(Commission) on January 8, 1971, stemmed in part from the 
unique nature of the canal. It is unlike most areas 
administered by the National Park Service as it is a linear 
park running along a 185-mile stretch of river shoreline and is 
flanked by the nation's capital, suburban communities, and 
numerous small towns.
    S. 476 would change the termination date of the Commission 
from 40 years to 50 years after the effective date of January 
8, 1971. The Commission's authority to operate terminated on 
January 8, 2011. S. 476 would extend the authority to operate 
to January 8, 2021.
    The Chesapeake and Ohio Canal, begun in 1828 and completed 
in 1850, runs continuously 185 miles from Georgetown in the 
District of Columbia through Maryland and West Virginia to 
Cumberland in Maryland. Originally planned to link Washington, 
D.C., and Pittsburgh, Pennsylvania, as part of this nation's 
canal-building era, the canal was constructed to be a major 
commercial route. While the canal operated until 1924 when it 
was abandoned, competition from the newly constructed railroad 
and the National Road resulted in much less commercial success 
than its builders had hoped. In 1938, the United States 
purchased the narrow canal right-of-way from Georgetown to 
Cumberland, Maryland, and partially restored the lower end of 
the canal.
    In 1961, the C & O Canal Monument was created by 
Presidential Proclamation No. 3391 but no funding was provided 
to develop the area or acquire adjacent lands. A proposal to 
construct a highway along the canal's route met considerable 
public opposition led by U.S. Supreme Court Justice William O. 
Douglas. His support for preserving the canal ultimately led to 
the establishment of the Chesapeake and Ohio Canal National 
Historical Park, running the length of the original canal.
    When the park was established in 1971, the Chesapeake and 
Ohio Canal National Historical Park Commission was created. The 
19-member Commission served to link the various jurisdictions 
along the length of the park. Under the 1971 legislation, the 
Secretary of the Interior or designee was directed to meet and 
consult with the Commission at least annually on general 
policies and specific matters related to the administration and 
development of the park.
    The Commission performed a valuable service during its 
first 40 years in advising and assisting the National Park 
Service in the administration and development of the park. In 
the early years, the Commission served as the vehicle for 
public meetings in the development of the park's general plan 
and several site-specific development concept plans. In the 
years since, the Commission has served as the public forum for 
discussing implementation of plans along the 185 miles of the 
park.
    The Commission represented not only the local park 
neighbors, but the national constituency as well. Many 
Commission members had a lifelong interest in the C & O Canal 
and the National Park Service. The Commission met quarterly and 
Commission members were only compensated for reimbursement of 
actual expenses for meetings. Individual members of the 
Commission served on various volunteer groups and participated 
in park-sponsored events throughout the year. The commissioners 
communicated directly with the park superintendent during 
meetings and individually throughout the year regarding park 
issues.
    The need for the Commission continues because the park is 
spread across 19 political jurisdictions. The Commission 
assisted park staff in reaching out to these numerous 
constituencies and ensuring that all their views were heard. As 
the work of managing C & O Canal National Historical Park 
continues, the public connection to park management through the 
Commission should continue as well. We understand that the 
appointments for the existing commissioners have expired. If 
enacted, the Secretary would appoint or reappoint commissioners 
in accordance with the Act.
    This completes my prepared comments concerning S. 476. I 
will be pleased to answer any questions you or other members of 
the subcommittee may have.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 476, as ordered 
reported.

                                  
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