PolicyBrief
S. 1408
119th CongressApr 10th 2025
Chesapeake National Recreation Area Act of 2025
IN COMMITTEE

This Act establishes the Chesapeake National Recreation Area in Maryland and Virginia to protect and interpret the natural and historical resources of the Chesapeake Bay watershed, managed by the Secretary of the Interior with local advisory input.

Chris Van Hollen
D

Chris Van Hollen

Senator

MD

LEGISLATION

New Chesapeake Bay Park: Federal Land Acquisition Banned on State Property; Advisory Commission Set for 7 Years

The Chesapeake National Recreation Area Act of 2025 officially establishes a new federal park unit in Maryland and Virginia, making the Chesapeake National Recreation Area (CNRA) part of the National Park System. The goal is to protect and increase public access to historical, cultural, and natural spots connected to the Bay. It’s not an instant park, though; the Secretary of the Interior must first determine that enough land and property rights have been acquired to make the park viable before publishing a notice in the Federal Register to officially open the doors (Sec. 3).

The Land Deal: No Forced Sales

For anyone worried about the federal government seizing property, this bill has a major restriction built in. The Secretary is expressly forbidden from using eminent domain—the power to force a sale—to acquire any land for the CNRA (Sec. 4). This applies to private property owners, but it’s even stronger for state and local governments: the federal government cannot buy or condemn land already owned by a state or county within the proposed boundaries. The only way the feds can get that land is if the state or local government donates it. This means the park's final shape is entirely dependent on willing sellers, donations, and land swaps, offering a significant protection for existing landowners and local governments.

Who Manages the Details?

To make sure this new park plays well with existing conservation efforts, the Secretary must coordinate the CNRA’s management with the established Chesapeake Gateways program and the broader Chesapeake Bay Program (Sec. 5). For people who enjoy fishing, crabbing, or oyster farming, the bill is clear: it doesn't change any existing state or federal laws regarding navigation, commercial, or recreational fishing, or aquaculture. Furthermore, the bill explicitly states that it does not grant the federal government any new authority over states regarding the management of fish and wildlife (Sec. 5).

The Advisory Commission: Your Seat at the Table

Within 180 days of the bill becoming law, the Secretary must establish the Chesapeake National Recreation Area Advisory Commission (Sec. 9). This group is key because its main job is to advise the Secretary on developing the park's management plan, which must be completed within three years of funding being available (Sec. 8). This commission is designed to bring diverse, local voices into the process, including representatives from commercial fishing, agriculture, and federally or state-recognized Indian Tribes. Crucially, the Commission also includes a youth representative from both Maryland and Virginia—someone under 22 years old—to ensure the next generation's voice is heard in the planning.

The Fine Print: Implementation Challenges

While the bill is largely focused on conservation and public access, there are a few implementation points to watch. First, there’s a required land transfer at Fort Monroe National Monument, where the Army Secretary must transfer control of a specific North Beach area to the National Park Service once it’s deemed clean and ready (Sec. 3). Until that transfer happens, the Army remains in charge, potentially creating a temporary administrative headache. Second, the bill changes the funding authorization for the existing Chesapeake Gateways program to "such sums as are necessary" (Sec. 7). This language is common but vague, meaning Congress can appropriate whatever amount it deems fit, which gives the program flexibility but offers taxpayers no specific spending ceiling or cap to track.