S2620-118

1. Short title This Act may be cited as the Chesapeake National Recreation Area Act.

2. Definitions In this Act: The term Advisory Commission means the Chesapeake National Recreation Area Advisory Commission established under section 9(a). The term Bay means the Chesapeake Bay, including its tidal tributaries, in Maryland and Virginia. 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). 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). The term Map means the map entitled Chesapeake National Recreation Area Proposed Boundary, numbered P99/189631, and dated June 2023 (5 pages). The term National Recreation Area means the Chesapeake National Recreation Area established by section 3(a). The term Secretary means the Secretary of the Interior. The term youth representative means a member of the Advisory Commission who— has not attained the age of 22 as of the date on which the member is appointed or reappointed; and is tasked with representing the interests of children and young adults in the State from which the member is appointed.

3. Establishment and boundaries of chesapeake national recreation area 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. 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. 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. The boundary of the National Recreation Area shall include any area acquired by the Secretary from sites depicted on the Map. The Map shall be on file and available for public inspection in the appropriate offices of the National Park Service. 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— 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 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. 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. 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. 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.

4. Acquisition of land for the chesapeake national recreation area Subject to subsection (c), the Secretary may acquire land or interests in land within the boundary of the National Recreation Area by— donation; purchase from a willing seller with donated or appropriated funds; exchange; or transfer from another Federal agency. The Secretary, in consultation with the Advisory Commission, may— identify additional sites near or adjacent to the Bay for potential addition to the National Recreation Area; and subject to the availability of appropriations, assess whether sites identified under paragraph (1)— are appropriate for addition to the National Recreation Area; and meet National Park Service criteria applicable to additions to units of the National Park System. 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. No land or interest in land may be acquired for the National Recreation Area by condemnation.

5. Administration The Secretary shall administer the National Recreation Area in accordance with— this section; and the laws generally applicable to units of the National Park System, including— sections 100101(a), 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and chapters 1003 and 3201 of title 54, United States Code. 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. 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. 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. 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. 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. 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.

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.

7. Chesapeake gateways The Secretary shall administer the Chesapeake Gateways in coordination with the National Recreation Area. 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.. 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).

8. Management plan 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. 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 near Fort Monroe. 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.

9. Chesapeake national recreation area advisory commission 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. The Advisory Commission— shall— make recommendations to the Secretary on the development and implementation of the management plan required under section 8; and after consultation with the States and other interested parties, provide to the Secretary recommendations on the Bay for additional properties on the Bay to be studied for potential addition to the National Recreation Area in accordance with section 4(b); and 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. Except as otherwise provided in this section, the Advisory Commission shall be subject to— chapter 10 of title 5, United States Code (commonly known as the Federal Advisory Committee Act), except section 1013(b) of that title; and all other applicable laws (including regulations). The Advisory Commission shall be composed of 19 members, appointed by the Secretary, of whom— 9 shall be appointed from the State of Maryland, of whom— 4 shall have knowledge of environmental, recreational, cultural, or historic resources, education, or interpretation; 1 shall represent commercial fishing interests on the Bay; 1 shall represent agricultural interests in the watershed of the Bay; 1 shall be a youth representative; 1 shall be selected after considering recommendations by the Governor of the State of Maryland; and 1 shall be a representative of a federally recognized Indian Tribe or State-recognized Indian Tribe that is traditionally associated with the Bay; 9 shall be appointed from the State of Virginia, of whom— 4 shall have knowledge of environmental, recreational, cultural, or historic resources, education, or interpretation; 1 shall represent commercial fishing interests on the Bay; 1 shall represent agricultural interests in the watershed of the Bay; 1 shall be a youth representative; 1 shall be selected after considering recommendations by the Governor of the State of Virginia; and 1 shall be a representative of a federally recognized Indian Tribe or State-recognized Indian Tribe that is traditionally associated with the Bay; and 1 shall be the Executive Director of the Chesapeake Bay Commission. 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. A member of the Advisory Commission shall be appointed for a term of 3 years. On expiration of the term of a member of the Advisory Commission, the member— shall continue to serve until a successor is appointed; and may be reappointed to serve an additional 3-year term. A vacancy on the Advisory Commission shall be filled in the same manner as the original appointment. The Advisory Commission shall have a Chairperson who shall— be elected by the Advisory Commission; and serve for a term of 1 year, unless reelected pursuant to procedures established by the Advisory Commission under subsection (h)(1). The Advisory Commission shall have a Vice Chairperson who shall— be elected by the Advisory Commission; serve for a term of 1 year, unless reelected pursuant to procedures established by the Advisory Commission under subsection (h)(1); and serve as Chairperson in the absence of the Chairperson. 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). 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. The Advisory Commission shall meet at the call of— the Chairperson; or a majority of the appointed members. A quorum shall consist of not less than 11 of the members of the Advisory Commission. Any action of the Advisory Commission shall require a majority vote of the members present at any meeting. Meetings of the Advisory Commission may be conducted virtually, in whole or in part. Any member of the Advisory Commission may request permission from the Chairperson of the Advisory Commission to participate virtually in— a meeting; and all activities for that meeting. 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). Members of the Advisory Commission shall serve without compensation. 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. 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. The Advisory Commission may accept the services of personnel detailed from a State or any political subdivision of a State. The Advisory Commission shall terminate on the date that is 10 years after the date of enactment of this Act.