[House Report 118-363]
[From the U.S. Government Publishing Office]


118th Congress }                                          { Report 
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                          { 118-363

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                CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL 
                         PARK COMMISSION EXTENSION ACT

                                _______
                                

January 30, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Westerman, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1727]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1727) to amend the Chesapeake and Ohio Canal 
Development Act to extend 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 all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Chesapeake and Ohio Canal National 
Historical Park Commission Extension Act''.

SEC. 2. CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK COMMISSION.

  Section 6(g) of the Chesapeake and Ohio Canal Development Act (16 
U.S.C. 410y-4(g)) is amended by striking ``40'' and all that follows 
through the period at the end and inserting ``on October 1, 2031.''.

                       Purpose of the Legislation

    The purpose of H.R. 1727 is to amend the Chesapeake and 
Ohio Canal Development Act to extend the Chesapeake and Ohio 
Canal National Historical Park Commission.

                  Background and Need for Legislation

    H.R. 1727 would renew the federal advisory commission for 
the Chesapeake and Ohio Canal National Historic Park (C&O 
Canal). The C&O Canal stretches over 184.5 miles from 
Georgetown in Washington, D.C. to Cumberland, Maryland. The 
Canal played a critical role in the transportation of many 
agricultural products, coal, and lumber along the Potomac River 
for nearly 100 years. Today, the National Historic Park's canal 
and towpath offer numerous outdoor recreational opportunities, 
including rides on replica canal boats guided by National Park 
Service (NPS) rangers that help tell the story of this unique 
part of American history. In 2021, over 5 million visitors to 
the C&O Canal generated $161 million in economic output in 
local gateway communities surrounding the park.
    The Chesapeake & Ohio Canal National Historic Park 
Commission (Commission) helps advise the Secretary of the 
Interior on matters related to the development and 
administration of the park. The Commission is comprised of 
nineteen members serving terms of five years each. Throughout 
its history, the Commission has provided an important link 
between the NPS and local communities. The Commission engages 
in issues related to visitor safety and enjoyment, the 
management of scenic easements, land exchanges, as well as 
other aspects of the strategic planning process. H.R. 1727 
would reauthorize the Chesapeake and Ohio Canal National 
Historical Park Commission through September 30, 2031, seven 
years beyond the Commission's current expiration date in 2024. 
This is a bipartisan bill that is being co-led by Rep. Mooney 
(R-WV-02). Bipartisan companion legislation in the Senate is 
being led by Senators Cardin (D-MD) and Capito (R-WV). An 
amendment was offered at markup shortening the reauthorization 
of the Commission from ten years to seven years.

                            Committee Action

    H.R. 1727 was introduced on March 22, 2023, by Rep. David 
J. Trone (D-MD). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Federal Lands. On October 19, 2023, the Subcommittee on 
Federal Lands held a hearing on the bill. On November 15, 2023, 
the Committee on Natural Resources met to consider the bill. 
The Subcommittee on Federal Lands was discharged from further 
consideration of H.R. 1727 by unanimous consent. Ranking Member 
Raul Grijalva (D-AZ) offered an amendment designated Grijalva 
#1. The amendment was adopted by unanimous consent. H.R. 1727, 
as amended, was ordered favorably reported to the House of 
Representatives by unanimous consent.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Federal Lands held on October 
19, 2023.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 establishes the short title of the bill as the 
``Chesapeake and Ohio Canal National Historical Park Commission 
Extension Act.''

Section 2. Chesapeake and Ohio Canal National Historical Park 
        Commission

    Section 2 extends the authorization of the Chesapeake and 
Ohio Canal National Historical Park Commission to September 30, 
2031.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                  Compliance With House Rule XIII and 
                        Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:




    H.R. 1727 would extend the authorization of the Chesapeake 
and Ohio Canal National Historical Park Commission through 
September 30, 2034. Under current law, that authority expires 
on September 26, 2024. Commission members would serve without 
compensation; however, the Department of Interior may cover the 
costs for certain incidental expenses. Based on the costs of 
similar activities, CBO estimates that implementing the bill 
would cost less than $500,000 over the 2024-2028 period. Any 
spending would be subject to the availability of appropriated 
funds.
    On November 20, 2023, CBO transmitted a cost estimate for 
S. 924, the Chesapeake and Ohio Canal National Historical Park 
Commission Extension Act, as ordered reported by the Senate 
Committee on Energy and Natural Resources on September 21, 
2023. The two bills are similar, and CBO's estimates of their 
budgetary effects are the same.
    The CBO staff contact for this estimate is Kelly Durand. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Chesapeake and Ohio 
Canal Development Act to extend the Chesapeake and Ohio Canal 
National Historical Park Commission.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    According to the Congressional Budget Office, H.R. 1727 
contains no unfunded mandates as defined by the Unfunded 
Mandates Reform Act.

                           Existing Programs

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                Preemption of State, Local or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

       SECTION 6 OF THE CHESAPEAKE AND OHIO CANAL DEVELOPMENT ACT

                          ADVISORY COMMISSION

  Sec. 6. (a) There is hereby established a Chesapeake and Ohio 
Canal National Historical Park Commission (hereafter in this 
section referred to as the "Commission").
  (b) The Commission shall be composed of nineteen members 
appointed by the Secretary for terms of five years each, as 
follows:
  (1) Eight members to be appointed from recommendations 
submitted by the boards of commissioners or the county 
councils, as the case may be, of Montgomery, Frederick, 
Washington, and Allegany Counties, Maryland, of which two 
members shall be appointed from recommendations submitted by 
each such board or council, as the case may be;
  (2) Eight members to be appointed from recommendations 
submitted by the Governor of the State of Maryland, the 
Governor of the State of West Virginia, the Governor of the 
Commonwealth of Virginia, and the Commissioner of the District 
of Columbia, of which two members shall be appointed from 
recommendation submitted by each such Governor or Commissioner, 
as the case may be; and
  (3) Three members to be appointed by the Secretary, one of 
whom shall be designated Chairman of the Commission and two of 
whom shall be members of regularly constituted conservation 
organizations
  (c) Any vacancy in the Commission shall be filled in the same 
manner in which the original appointment was made. A member may 
serve after the expiration of his term until his successor has 
taken office.
  (d) Members of the Commission shall serve without 
compensation, as such, but the Secretary is authorized to pay, 
upon vouchers signed by the Chairman, the expenses reasonably 
incurred by the Commission and its members in carrying out 
their responsibilities under this Act.
  (e) The Secretary, or his designee, shall from time to time 
but at least annually, meet and consult with the Commission on 
general policies and specific matters related to the 
administration and development of the park.
  (f) The Commission shall act and advise by affirmative vote 
of a majority of the members thereof.
  (g) The Commission shall cease to exist [40 years from the 
effective date of this Act.] on October 1, 2031.

                                  [all]