[Senate Report 118-143]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 295

118th Congress}                                           { Report
                                 SENATE
 1st Session  }                                           { 118-143

======================================================================
 
 CHESAPEAKE AND OHIO CANAL NATIONAL HISTORIC PARK COMMISSION EXTENSION 
                                  ACT

                                _______
                                

               December 20, 2023.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 924]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 924), to amend the Chesapeake and Ohio 
Canal Development Act to extend the Chesapeake and Ohio Canal 
National Historic Park Commission, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                Purpose

    The purpose of S. 924 is to extend the authorization for 
the Chesapeake and Ohio Canal National Historical Park 
Commission.

                          Background and Need

    The Chesapeake and Ohio Canal Development Act (Public Law 
91-664; 16 U.S.C. 410y) established the Chesapeake and Ohio 
Canal National Historical Park in Maryland, West Virginia, and 
the District of Columbia. The Act also established a 19-member 
Chesapeake and Ohio Canal National Historical Park Commission 
to advise the National Park Service on the administration and 
development of the park.
    The advisory commission's current authority expires in 
2024. S. 924 extends the commission through September 30, 2034.

                          Legislative History

    Senators Cardin, Capito, Van Hollen, Manchin, Warner, and 
Kaine introduced S. 924 on March 22, 2023. The Subcommittee on 
National Parks held a hearing on S. 924 on June 21, 2023. 
Representative Trone introduced H.R. 1727, companion 
legislation in the House of Representatives on March 22, 2023.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on September 21, 2023, by a voice vote of 
a quorum present, recommends that the Senate pass S. 924.

                                Summary

    S. 924 amends section 6 of the Chesapeake and Ohio Canal 
Development Act (16 U.S.C. 410y-4(g)) to extend the 
authorization for the Chesapeake and Ohio Canal National 
Historical Park Commission through September 30, 2034.

                   Cost and Budgetary Considerations

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




    S. 924 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 the 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.
    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.

                      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. 924. 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. 924, as ordered reported.

                   Congressionally Directed Spending

    S. 924, as ordered 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 of the National Park Service from the 
Subcommittee on National Parks June 21, 2023, hearing on S. 
924, follows:

 Statement of Michael A. Caldwell, Associate Director, Park Planning, 
 Facilities, and Lands, National Park Service, U.S. Department of the 
                                Interior

    Chairman King, Ranking Member Daines, and members of the 
Subcommittee, thank you for the opportunity to provide the 
Department of the Interior's views on S. 924, a bill to amend 
the Chesapeake and Ohio Canal Development Act to extend the 
Chesapeake and Ohio Canal National Historical Park Commission.
    The Department supports S. 924.
    S. 924 would reauthorize the Chesapeake and Ohio Canal 
National Historical Park Commission (Commission) through 
September 30, 2034, ten years beyond the Commission's currently 
authorized termination date of September 26, 2024. The 
Chesapeake and Ohio Canal National Historical Park (park) is a 
184.5-mile-long linear park that covers roughly 20,000 acres 
along the Potomac River from the middle of Washington, DC to 
Cumberland, Maryland. The Canal provides a place for visitors 
to enjoy nature and recreate but is also a place where 
important stories of American history are preserved through the 
telling of the Canal's role in western expansion, 
transportation, engineering, the Civil War, immigration, 
industry, and commerce.
    Since its establishment in 1971, the Commission has 
provided a vital link between the surrounding communities and 
the National Park Service (NPS), which manages the operations, 
maintenance, and restoration of the park. The park crosses 19 
political jurisdictions, and the Commission has played a key 
role in helping the NPS communicate and engage with partners, 
local governments, and the public along the length of the park. 
For example, the Commission has offered recommendations to 
improve visitor enjoyment and safety along the Potomac River, 
increase recreational opportunities and amenities, and manage 
scenic easements. The Commission's 19 members are appointed by 
the Secretary of the Interior to five-year terms. Three are at-
large members. The Governors of Maryland, Virginia, and West 
Virginia, and the Mayor of the District of Columbia each 
recommend two members for appointment. The governing bodies of 
the four Maryland counties bordering the Canal also each 
recommend two members for appointment.
    The Commission advises the Secretary on policy and other 
matters relating to the development and administration of the 
park. The Commission supports the mission of the park through 
its deliberation on many resource and visitor enjoyment issues 
facing the park. The Department supports extending the 
Commission to continue affording the Secretary the ability to 
consider these matters as they relate to the multiple States, 
counties, and towns that the Chesapeake and Ohio Canal runs 
through from Washington DC to Cumberland, Maryland.
    Chairman King, this concludes my statement. I would 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, changes in existing law made by 
the bill S. 924, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

               CHESAPEAKE AND OHIO CANAL DEVELOPMENT ACT

                           Public Law 91-664


AN ACT To establish and develop the Chesapeake and Ohio Canal National 
                Historical Park, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act shall be known as the ``Chesapeake and Ohio Canal 
Development Act''.

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                          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 
        recommendations 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 September 30, 2034.

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