I 
118TH CONGRESS 
1ST SESSION H. R. 5045 
To establish the Chesapeake National Recreation Area as a unit of the 
National Park System, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2023 
Mr. SARBANES (for himself, Mr. SCOTT of Virginia, Mr. WITTMAN, Mr. 
BEYER, Mr. CONNOLLY, Ms. NORTON, Mr. HOYER, Mr. IVEY, Ms. 
MCCLELLAN, Mr. MFUME, Mr. RASKIN, Mr. RUPPERSBERGER, and Mr. 
TRONE) introduced the following bill; which was referred to the Com-
mittee on Natural Resources 
A BILL 
To establish the Chesapeake National Recreation Area as 
a unit of the National Park System, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Chesapeake National 
Recreation Area Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADVISORY COMMISSION.—The term ‘‘Advi-
sory Commission’’ means the Chesapeake National 
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Recreation Area Advisory Commission established 
under section 11(a). 
(2) BAY.—The term ‘‘Bay’’ means— 
(A) the Chesapeake Bay watershed; and 
(B) any tidal segment of a tributary of the 
Chesapeake Bay in any State. 
(3) BAY PROGRAM.—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). 
(4) 
CHESAPEAKE
GATEWAYS.—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). 
(5) MAP.—The term ‘‘Map’’ means the map en-
titled ‘‘Chesapeake National Recreation Area Pro-
posed Boundary’’, numbered P99/189631, and dated 
June 2023. 
(6) NATIONAL PARK SERVICE SITE.—The term 
‘‘National Park Service site’’ means a unit of the 
National Park System that is— 
(A) directly associated with the Bay; and 
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(B) located in 1 or more of the States in 
the Bay watershed. 
(7) PARTNER SITE.—The term ‘‘partner site’’ 
means land that is subject to a partner site agree-
ment under section 8(b). 
(8) RECREATION AREA.—The term ‘‘Recreation 
Area’’ means the Chesapeake National Recreation 
Area established by section 4(a). 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(10) YOUTH
REPRESENTATIVE.—The term 
‘‘youth representative’’ means a member of the Advi-
sory Commission who— 
(A) has not attained the age of 22 as of 
the date on which the member is appointed or 
reappointed; and 
(B) is tasked with representing the inter-
ests of children and young adults in the State 
from which the member is appointed. 
SEC. 3. PURPOSES. 
The purposes of this Act are— 
(1) to recognize the ecological, cultural, and his-
toric diversity of the region in which the Bay is lo-
cated by promoting the national significance of the 
Bay and surrounding areas; 
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(2) to conserve and protect the significant nat-
ural, recreational, historical, and cultural resources 
relating to the Bay; 
(3) to facilitate public access to the Bay for— 
(A) recreation; 
(B) public enjoyment; and 
(C) the enhancement of sustainable tour-
ism that respects the health of the Bay; 
(4) to encourage engagement and cooperation 
with communities that neighbor the Bay and com-
munities that include historically underserved and 
underrepresented populations that have traditionally 
lacked access to the Bay; 
(5) to promote diversity, equity, and inclusion 
with respect to the Bay by emphasizing the vital eco-
nomic, cultural, and ecological contributions of his-
toric and current populations, including, at a min-
imum, by providing educational and interpretive 
services to increase public understanding of, and ap-
preciation for— 
(A) the natural, historical, and cultural re-
sources of the Bay; and 
(B) traditional practices of the individuals 
whose livelihoods have been dependent on the 
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land and water resources of the Bay and the 
surrounding area; 
(6) to facilitate the cooperative management 
and stewardship of the resources of the Bay; and 
(7) to advance the conservation goals of Chesa-
peake Gateways and the Bay Program. 
SEC. 4. ESTABLISHMENT AND BOUNDARIES OF CHESA-
PEAKE NATIONAL RECREATION AREA. 
(a) ESTABLISHMENT.—To preserve, protect, inter-
pret, and provide for the public enjoyment of the resources 
relating to the Bay and surrounding areas, there is estab-
lished as a unit of the National Park System the Chesa-
peake National Recreation Area. 
(b) BOUNDARY.—The boundary of the Recreation 
Area shall be the boundary as depicted on the Map. 
(c) ADMINISTRATIVE, INTERPRETIVE, AND VISITOR 
SERVICE SITES.—As soon as practicable after the date of 
the establishment of the Recreation Area, the Secretary 
shall— 
(1) seek to enter into a cooperative agreement 
for administrative, interpretive, and visitor service 
uses for the Recreation Area under section 8(a) or 
a partner site agreement under section 8(b) with the 
City of Annapolis, Maryland, for the use of the 
Burtis House; 
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(2) acquire, lease, or enter into a cooperative 
management agreement with respect to real property 
for an additional administrative, interpretive, and 
visitor services center for the Recreation Area, which 
shall be located within or in the environs of the his-
toric downtown area of the City of Annapolis, Mary-
land; and 
(3) acquire, lease, or enter into a cooperative 
management agreement with respect to real property 
for an additional interpretive and visitor services 
center for the Recreation Area, which shall be lo-
cated within or in the environs of Fort Monroe. 
(d) AVAILABILITY OF MAP.—The Map shall be on file 
and available for public inspection in the appropriate of-
fices of the National Park Service. 
(e) REVISION OF FORT MONROE NATIONAL MONU-
MENT BOUNDARY.— 
(1) IN GENERAL.—The boundary of Fort Mon-
roe National Monument, established by Proclama-
tion 8750, dated November 1, 2011 (54 U.S.C. 
320301 note; 76 Fed. Reg. 68625), is revised to ex-
clude 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) that 
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are identified on the Map as part of the Recreation 
Area. 
(2) ADMINISTRATION.—Any reference in any 
law, regulation, document, record, map, or other 
paper of the United States to the land or interests 
in land described in paragraph (1) shall be consid-
ered to be a reference to the Recreation Area. 
(3) TRANSFER OF ADMINISTRATIVE JURISDIC-
TION.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B) and until the date on which adminis-
trative jurisdiction over the land and interests 
in land are transferred to the Secretary, the 
Secretary of the Army shall continue to admin-
ister the land and interests in land described in 
paragraph (1) that were under the jurisdiction 
of the Secretary of the Army as of the day be-
fore the date of enactment of this Act in ac-
cordance with— 
(i) the memorandum of agreement be-
tween the Secretary of the Army and the 
Secretary dated December 9, 2016; and 
(ii) this Act. 
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(B) REQUIREMENTS.—In carrying out sub-
paragraph (A), the Secretary of the Army 
shall— 
(i) consult with the Secretary; and 
(ii) administer the land and interests 
in land described in paragraph (1) in a 
manner consistent with this Act. 
SEC. 5. ACQUISITION OF LAND FOR THE CHESAPEAKE NA-
TIONAL RECREATION AREA. 
(a) WITHIN BOUNDARY.—Subject to subsection (c), 
the Secretary may acquire land or interests in land within 
the boundary of the Recreation Area only by— 
(1) donation; 
(2) purchase from a willing seller with donated 
or appropriated funds; 
(3) exchange; or 
(4) transfer from another Federal agency. 
(b) OUTSIDE BOUNDARY.— 
(1) IN
GENERAL.—Subject to subsection (c), 
the Secretary may acquire, using the methods de-
scribed in subsection (a), land or interests in land lo-
cated outside the boundary of the Recreation Area, 
in consultation with the Advisory Commission as de-
scribed in section 11(b)(2)(B). 
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SEC. 6. ACQUISITION OF LAND-BASED RESOURCES FOR 
THE CHESAPEAKE NATIONAL RECREATION 
AREA. 
(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary may acquire land-based resources, including associ-
ated docks, piers, and structures extending into adjacent 
waters, within the boundary of the Recreation Area only 
by— 
(1) donation; 
(2) purchase from a willing seller with donated 
or appropriated funds; 
(3) exchange; or 
(4) transfer from another Federal agency. 
(b) ENVIRONMENTAL QUALITY STANDARDS.—Prior 
to the acquisition of a land-based resource under this sec-
tion, the Secretary shall ensure that the land-based re-
source meets all applicable environmental quality stand-
ards. 
SEC. 7. ADMINISTRATION. 
(a) IN GENERAL.—The Secretary shall administer 
the Recreation Area in accordance with— 
(1) this section; and 
(2) the laws generally applicable to units of the 
National Park System, including title 54, United 
States Code. 
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(b) HEADQUARTERS.—To facilitate coordination of 
the Recreation Area with Chesapeake Gateways and the 
Bay Program, the headquarters of the Recreation Area 
shall be located at the Chesapeake Bay Office of the Na-
tional Park Service of the Department of the Interior. 
(c) COMMERCIAL AND RECREATIONAL FISHING.— 
Nothing in this Act impacts or otherwise affects statutory 
or regulatory authority with respect to navigation or regu-
lation of commercial or recreational fishing activities or 
shellfish aquaculture in the Chesapeake Bay or tributaries 
of the Chesapeake Bay. 
(d) STATE JURISDICTION.—Nothing in this Act en-
larges or diminishes the jurisdiction of a State, including 
the jurisdiction or authority of a State with respect to fish 
and wildlife management. 
(e) COORDINATION.— 
(1) IN GENERAL.—Consistent with the purposes 
of the Recreation Area, the Secretary shall seek to 
coordinate the programming and management of ac-
tivities of the Recreation Area with the goals of 
Chesapeake Gateways and the Chesapeake Bay 
Agreement (as defined in section 117(a) of the Fed-
eral Water Pollution Control Act (33 U.S.C. 
1267(a))). 
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(2) COORDINATION
WITH
NATIONAL
PARK 
SERVICE SITES AND PARTNER SITES.—As a compo-
nent of the management plan required under section 
10, the Secretary shall, to the maximum extent prac-
ticable, coordinate the development of an implemen-
tation plan for onsite interpretation of resources and 
other means of enhancing public understanding of 
the Bay at participating National Park Service sites 
and partner sites to tell the story of the outstanding, 
remarkable, and nationally significant resources of 
the Bay. 
SEC. 8. AGREEMENTS AND MATCHING FUNDS. 
(a) COOPERATIVE AGREEMENTS.— 
(1) IN GENERAL.—To accomplish the purposes 
of the Recreation Area, the Secretary may enter into 
cooperative agreements with a State, a political sub-
division of a State, an educational institution, a 
Tribal government, a nonprofit organization, or 
other interested party that contributes to— 
(A) the development of the Recreation 
Area; or 
(B) the implementation of the management 
plan for the Recreation Area prepared under 
section 10(a). 
(2) MATCHING FUNDS.— 
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(A) IN GENERAL.—The Secretary shall re-
quire that any Federal funds made available 
under an agreement entered into under para-
graph (1) shall be matched on a 1-to-1 basis by 
non-Federal funds. 
(B) IN-KIND
CONTRIBUTION.—With the 
approval of the Secretary, the non-Federal 
share required under subparagraph (A) may be 
in the form of property, goods, or services from 
a non-Federal source, fairly valued. 
(3) EFFECT.—Nothing in this subsection af-
fects any existing cooperative agreement authority 
applicable to Chesapeake Gateways. 
(b) PARTNER SITE AGREEMENTS.— 
(1) IN GENERAL.—The Secretary, under such 
terms and conditions as the Secretary considers to 
be appropriate, may enter into a partner site agree-
ment with an eligible entity described in paragraph 
(2) that owns or manages an eligible site described 
in paragraph (3), which shall provide for the inclu-
sion of the partner site in the Recreation Area. 
(2) DESCRIPTION OF ELIGIBLE ENTITY.—An el-
igible entity referred to in paragraph (1) is— 
(A) a Federal entity; 
(B) a State or local government; 
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(C) a Tribal government; 
(D) a private nonprofit organization; or 
(E) a private landowner. 
(3) DESCRIPTION OF ELIGIBLE SITE.—An eligi-
ble site referred to in paragraph (1) is land that the 
Secretary has determined— 
(A) contains a nationally significant nat-
ural, recreational, historical, or cultural re-
source; 
(B) ensures public access to the applicable 
resource; and 
(C) meaningfully contributes to the pur-
poses of the Recreation Area. 
(4) CRITERIA FOR INCLUSION IN THE RECRE-
ATION AREA.—On the establishment of the Advisory 
Commission, the Secretary shall, establish any addi-
tional criteria for inclusion of partner sites in the 
Recreation Area, taking into consideration the rec-
ommendations of the Advisory Commission under 
section 11(b)(2). 
(5) COOPERATIVE MANAGEMENT OF PARTNER 
SITES.—Under a partner site agreement entered into 
paragraph (1), the Secretary may acquire from, and 
provide to, the owner or manager of the partner site 
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goods and services to be used in the cooperative 
management of the applicable partner site. 
(6) PROHIBITION.—The Secretary may not 
transfer administrative responsibilities for the Recre-
ation Area to the owner or operator of a partner 
site. 
(c) TERMS AND CONDITIONS OF AGREEMENTS.—Any 
agreement entered into under subsection (a) or (b) may 
include any terms and conditions that are determined to 
be necessary by the Secretary to ensure that— 
(1) in the case of an agreement relating to a 
partner site, the partner site complies with the terms 
and conditions of the applicable agreement; 
(2) the Secretary has the right of access at all 
reasonable times, and as specified in the applicable 
agreement, to all public portions of the properties 
covered by the agreement or grant for the purposes 
of— 
(A) conducting visitors through the prop-
erties or providing public recreational access; 
(B) interpreting the properties for the pub-
lic; and 
(C) research, inventory, monitoring, and 
resource management; 
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