An Act to establish and develop the Chesapeake and Ohio Canal National Historical Park, and for other purposes
PL 91-664 (H.R.19342), enacted 01/08/1971

1978 
PUBLIC LAW 91-664-JAN. 8, 1971 
[84 STAT. 
GUARANTEE FEES 
SEC. 9. The Secretary shall prescribe a guarantee fee in connection 
with each loan guaranteed under this Act which shall be collected from 
the railroad upon repayment of the loan guaranteed. Such fee shall 
be in an amount that the Secretary estimates to be necessary to cover 
the administrative costs of carrying out the provisions of this Act with 
respect to such loan. Sums realized from such fees shall be deposited 
in the Treasury as miscellaneous receipts. 
Annual 
reports to 
President 
and Congress 
REPORTS 
SEC. 10. The Secretary shall make an annual report to the President 
and the Congress with respect to his activities pursuant to this Act, 
including an evaluation of the financial conditions of railroads which 
have outstanding certificates guaranteed under this Act. The Secre-
tary shall also make a report to the President and the Congress on the 
financial condition of each railroad having a loan guaranteed under 
this Act ninety days after the making of such guarantee and annually 
thereafter throughout the existence of such loan. 
Approved January 8, 1971. 
Public Law 91-664 
January 8, 1971 
[H. R. 19342] 
Chesapeake and 
Ohio Canal 
Development 
Act. 
AN ACT 
To esteblish and develop the Chesapeake and Ohio Canal National Historical 
Park, and for other purposes. 
Be it enacted hy 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''. 
DEFINITIONS 
SEC. 2. As used in this Act— 
(a) "Park" means the Chesapeake and Ohio Canal National His-
torical Park, as herein established. 
(b) "Canal" means the Chesapeake and Ohio Canal, including its 
towpath. 
(c) "Secretary" means the Secretary of the Interior. 
(d) "State" means any State, and includes the District of Columbia. 
(e) "Local government" means any political subdivision of a State, 
including a county, municipality, city, town, township, or a school or 
other special district created pursuant to State law. 
(f) "Person" means any individual, partnership, corporation, pri-
vate nonprofit organization, or club. 
(g) "Landowner" means any person, local government, or State 
owning, or on reasonable grounds professing to own, lands or interests 
in lands adjacent to or in the vicinity of the park. 
Boundaries. 
ESTABLISHMENT OF PARK 
SEC. 3. (a) In order to preserve and interpret the historic and 
scenic features of the Chesapeake and Ohio Canal, and to develop 
the potential of the canal for public recreation, including such 
restoration as may be needed, there is hereby established the Chesa-
S
sake and Ohio Canal National Historical Park, in the States of 
aryland and West Virginia and in the District of Columbia. The 
park as initially established shall comprise those particular prop-
erties in Federal ownership, containing approximately five thousand 
84 STAT. ] 
PUBLIC LAW 91-664-JAN. 8, 1971 
1979 
two hundred and fifty acres, including those properties along the 
line of the Chesapeake and Ohio Canal in the State of Maryland 
and appurtenances in the State of West Virginia designated as the 
Chesapeake and Ohio Canal National Monument, and those prop-
erties along the line of the Chesapeake and Ohio Canal between Rock 
Creek in the District of Columbia and the terminus of the Chesapeake 
and Ohio Canal National Monument near the mouth of Seneca Creek 
in the State of Maryland. The boundaries of the park shall be as 
generally depicted on the drawing entitled "Boundary Map, Pro-
posed dhesapeake and Ohio Canal National Historical Park," in 
five sheets, numbered CHOH 91,000, and dated October 1969, which 
is on file and available for public inspection in the offices of the 
National Park Service, Department of the Interior: Provided^ That 
no lands owned by any State shall be included in the boundaries 
of the park— 
(1) unless they are donated to the United States, or 
(2) until a written cooperative agreement is negotiated by 
the Secretary which assures the administration of such lands in 
accordance w^ith established administrative policies for national 
parks, and 
(3) until the terms and conditions of such donation or coopera-
tive agreement have been forwarded to the Committees on 
Interior and Insular Affairs of the United States House of Repre-
sentatives and Senate at least sixty days prior to being executed. 
The exact boundaries of the park shall be established, published, and 
otherwise publicized within eighteen months after the date of this 
Act and the owners of property other than property lying between 
the canal and the Potomac River shall be notified within said period 
as to the extent of their property included in the park. 
(b) Within the boundaries of the park, the Secretary is authorized 
to acquire lands and interests therein by donation, purchase with 
donated or appropriated funds, or exchange, but he shall refrain from 
acquiring, for two years from the date of the enactment of this Act, 
any lands designated on the boundary map for acquisition by any 
State if he has negotiated and consummated a written cooperative 
agreement with such State pursuant to subsection (a) of this section. 
COOPERATIVE AGREEMENTS 
SEC. 4. The Secretary shall take into account comprehensive local or 
State development, land use, or recreational plans affecting or relating 
to areas in the vicinity of the canal, and shall, wherever practicable, 
consistent with the purposes of this Act, exercise the authority granted 
by this Act in a manner which he finds will not conflict with such local 
or State plans. 
ACCESS 
SEC. 5. (a) The enactment of this Act shall not affect adversely any 
valid rights heretofore existing, or any valid permits heretofore issued, 
within or relating to areas authorized for inclusion in the park. 
(b) Other uses of park lands, and utility, highway, and railway 
crossings, may be authorized under permit by the Secretary, if such 
uses and crossings are not in conflict with the purposes of the park and 
are in accord with any requirements found necessary to preserve park 
values. 
(c) Authority is hereby granted for individuals to cross the park 
by foot at locations designated by the Secretary for the purpose of 
gaining access to the Potomac River or to non-Federal lands for 
hunting purposes: Provided^ That while such individuals are within 
1980 
PUBLIC LAW 91-664-JAN. 8, 1971 
[84 STAT. 
the boundaries of the park firearms shall be unloaded, bows unstrung, 
and dogs on leash. 
ADVISORY COMMISSIOX 
Establishment, 
SEC. 6. (a) Therc is hereby established a Chesapeake and Ohio 
Canal National Historical Park Commission (hereafter in this sec-
tion 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 membei-s to be appointed f 
I'om recommendations sub-
mitted 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 sub-
mitted by the Governor of the State of Maryland, the Governor 
of the State of West Virginia, the Governor of the Common-
wealth of Virginia, and the Commissioner of the District of 
Columbia, of which two members shall be appointed from rec-
ommendations 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. 
(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 develop-
ment 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 ten years from the effective 
date of this Act. 
ADMINISTRATION 
AND 
APPROPRIATIONS 
SEC. 7. The Chesapeake and Ohio Canal National Historical Park 
shall be administered by the Secretary of the Interior in accordance 
39 Stat. 535. 
^ith the Act of August 25, 1916 (30 Stat. 535; 16 U.S.C. 1, 2-A), as 
amended and supplemented. 
SEC. 8. (a) Any funds that may be available for purposes of admin-
istration of the Chesapeake and Ohio Canal property may hereafter 
be used by the Secretary for the purposes of the park. 
(b) There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act, not to exceed 
$20,400,000 for land acquisition and not to exceed $17,000,000 (1970 
prices) for development, plus or minus such amounts, if any, as may 
be justified by reason of ordinary fluctuations in construction costs as 
indicated by engineering cost indices applicable to the types of con-
struction involved herein. 
Approved January 8, 1971.