Chesapeake National Recreation Area Act of 2025

Bill Number

S. 1408

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Public Lands and Natural Resources

Status

Introduced

Latest Action

2025-04-10: Read twice and referred to the Committee on Energy and Natural Resources.

Last Updated

2026-03-24T12:48:03Z

AI-Generated Summary

Purpose of the Legislation

The Chesapeake National Recreation Area Act of 2025 aims to create a new unit within the National Park System called the Chesapeake National Recreation Area. This area would focus on preserving, protecting, interpreting, and providing public access to the natural, cultural, historic, and recreational resources of the Chesapeake Bay (including its tidal tributaries) and surrounding lands in Maryland and Virginia. The goal is to enhance public enjoyment while coordinating with existing environmental and heritage programs.

Key Provisions

• Establishment and Boundaries:
• The National Recreation Area is established once the Secretary of the Interior determines enough land or property interests have been acquired to make it manageable as a park unit. A notice would be published in the Federal Register within 30 days of this decision.
• Boundaries are defined by a specific map (entitled "Chesapeake National Recreation Area Proposed Boundary," dated June 2023), with the map available for public review at National Park Service offices.

• Land Acquisition:
• The Secretary may acquire land or interests in land inside the boundaries through donation, purchase from willing sellers (using donated or appropriated funds), exchange, or transfer from other federal agencies.
• State or local government-owned land can only be acquired by donation; no use of condemnation (forced sale) is allowed.
• The Secretary, with input from an advisory group, can identify and evaluate nearby sites for potential future addition if they meet National Park Service standards.

• Administration and Management:
• The area will be managed under general National Park System laws, which include rules for preservation, public use, and resource protection (e.g., sections of Title 54 of the U.S. Code covering park operations and planning).
• Headquarters may be placed at the existing Chesapeake Bay Office of the National Park Service to improve coordination with related programs like the Chesapeake Bay Gateways (a network of heritage sites and trails) and the Chesapeake Bay Program (a federal-state partnership for water quality).
• Up to 10 acres outside the boundaries can be acquired for administrative, educational, or visitor services.
• The law does not affect fishing rights, navigation, shellfish farming, or state authority over wildlife and fish management.
• A management plan must be completed within 3 years of funding availability, developed with input from state leaders and an advisory commission. It will address visitor facilities (e.g., in Annapolis, Maryland, and near Fort Monroe, Virginia) and ways to reduce traffic impacts on local communities.
• Agreements can be made with states, local governments, nonprofits, or individuals to interpret or restore historic, cultural, or recreational sites, ensuring public access.

• Chesapeake Gateways Program:
• This existing network of bay-related heritage sites and water trails will be administered in coordination with the new recreation area.
• Funding for the program is made permanent, allowing appropriations "as necessary" without prior expiration dates.

• Fort Monroe National Monument Revision:
• Once certain contaminated land within the existing Fort Monroe National Monument (established in 2011) is cleaned up and suitable, administrative control transfers from the Department of the Army to the Department of the Interior for inclusion in the recreation area.
• The monument's boundary would be adjusted to exclude the "North Beach" area, with references in laws and documents updated accordingly.
• Until transfer, the Army continues interim management under a 2016 agreement.

• Advisory Commission:
• A 19-member Chesapeake National Recreation Area Advisory Commission is established within 180 days of enactment to advise on the management plan and potential land additions.
• Membership includes representatives from Maryland (9 members), Virginia (9 members), and the Chesapeake Bay Commission (1 member). Slots cover environmental experts, commercial fishers, farmers, youth (under 22 years old), tribal representatives, and gubernatorial recommendations.
• Members serve 3-year terms without pay but with travel reimbursement; the commission can form subcommittees on topics like education, tourism, and fundraising.
• It operates under the Federal Advisory Committee Act (a law governing advisory groups, with some exceptions), holds meetings (including virtual ones), and terminates after 7 years.

Significant Changes to Existing Law

• New Park Unit: Introduces the Chesapeake National Recreation Area as a distinct National Park System unit, which did not exist before, emphasizing recreation alongside preservation.
• Boundary and Jurisdiction Shift: Modifies the Fort Monroe National Monument by transferring remediated land to the new area and revising its boundaries, changing oversight from the Army to the Interior Department.
• Funding Permanence: Amends the 1998 Chesapeake Bay Initiative Act to remove time-limited funding authorization for the Gateways program, making it ongoing.
• No Broader Expansions: Explicitly limits federal authority by prohibiting land condemnation and preserving state control over fishing and wildlife, avoiding conflicts with prior environmental laws like the Federal Water Pollution Control Act.

Potential Impacts

• Government Agencies: The National Park Service gains responsibility for managing a large, multi-site area, requiring coordination with the Army (for land transfers), the Environmental Protection Agency (via the Bay Program), and state agencies. This could increase administrative workload and funding needs but streamline heritage efforts through shared headquarters.
• Citizens: Enhances public access to bay resources for recreation, education, and tourism, potentially boosting local economies in Maryland and Virginia. Youth and tribal involvement in advisory roles promotes inclusive decision-making, while traffic planning aims to minimize disruptions to nearby communities.
• International Relations: No direct impacts, as the bill focuses on domestic U.S. resources and does not address cross-border issues (e.g., the bay's watershed extends into other states but not internationally).

Main Stakeholders Affected

• Federal Agencies: Department of the Interior (National Park Service) for management; Department of the Army for land transfer; Chesapeake Bay Commission for coordination.
• State and Local Governments: Maryland and Virginia, including their governors (who provide input on appointments) and subdivisions (whose lands are protected from forced acquisition); local communities near the bay for tourism and traffic effects.
• Interest Groups and Public: Environmental, cultural, and recreational organizations; commercial fishers and farmers (with dedicated advisory seats); federally or state-recognized Indian tribes associated with the bay; youth representatives; nonprofits and individuals partnering on restoration; general public and tourists benefiting from preserved access.

Notable Legal, Constitutional, or Political Implications

• Legal: Adheres to National Park System standards for land management and public use, with safeguards like the Federal Advisory Committee Act ensuring transparent advisory processes. The ban on condemnation respects property rights, and coordination clauses prevent overlap with state environmental laws (e.g., water pollution controls).
• Constitutional: Reinforces federal authority over public lands under the Property Clause (Article IV, Section 3) while explicitly preserving state sovereignty over fish, wildlife, and local jurisdiction, avoiding Tenth Amendment challenges related to federal overreach.
• Political: Sponsored by senators from Maryland and Virginia, it reflects regional priorities for conservation and economic development without partisan controversy in the text. The 7-year commission sunset and youth/tribal inclusion promote accountability and equity, potentially setting a model for collaborative federal-state park initiatives.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Van Hollen, Chris [D-MD]

Cosponsors (4)

Sen. Alsobrooks, Angela D. [D-MD], Sen. Kaine, Tim [D-VA], Sen. Warner, Mark R. [D-VA], Sen. Justice, James C. [R-WV]

Recent Actions

• 2025-04-10: Read twice and referred to the Committee on Energy and Natural Resources.
• 2025-04-10: Introduced in Senate

Bill Versions

• Chesapeake National Recreation Area Act of 2025 — issued 2025-04-10 — PDF (18 pages)