29–010 

Calendar No. 118 

113TH CONGRESS REPORT " ! SENATE 1st Session 113–64 

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 


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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. 


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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 


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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. 


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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. 

Æ 


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