[PUBLIC LAW 618—80TH CONGRESS]
[CHAPTER 435—2D SESSION]
[H. R. 5155]

AN ACT

To authorize the Secretary of the Interior to have made by the Public Roads Administration and the National Park Service a joint reconnaissance survey of the Chesapeake and Ohio Canal between Great Falls, Maryland, and Cumberland, Maryland, and to report to the Congress upon the advisability and practicability of constructing thereon a parkway, and for other purposes.

Be it enacted by the Senate and House of Reesentatives of the United States of America in Congress assembled, That there is hereby authorized to be expended from the appropriations made to the National Park Service for parkways the sum of $40,000 for the purpose of making a joint reconnaissance study by the Public Roads Administration and the National Park Service of the federally owned Chesapeake and Ohio Canal between Great Falls, Maryland, and Cumberland, Maryland, to determine the advisability and practicability of constructing a parkway along the route of the Chesapeake and Ohio Canal including a report of estimated cost.

Approved June 10, 1948.

[PUBLIC LAW 811—81ST CONGRESS]
[CHAPTER 987—2D SESSION]
[H. R. 8534]

AN ACT

To authorize the acceptance of donations of land to supplement present parkway lands, along the line of the Chesapeake and Ohio Canal between Great Falls and Cumberland, Maryland.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized to accept on behalf of the United States donations of land and interests in land in the State of Maryland as additions to present parkway lands along the line of the Chesapeake and Ohio Canal, between Great Falls and Cumberland, Maryland. The lands to be acquired shall be sufficient to increase the present parkway width to an average of one hundred acres per mile for the entire length of the parkway. The title to real property acquired pursuant to this Act shall be satisfactory to the Attorney General of the United States.

SEC. 2. The Secretary is also authorized to accept land and interests in land for the parkway and, in his discretion, to convey in exchange therefor former Chesapeake and Ohio Canal property now under his administrative jurisdiction or other property accepted by him for the purposes of this Act. In any land exchanges consummated pursuant to this Act, the value of the federally owned property conveyed shall not exceed the value of the property accepted by the Secretary.

SEC. 3. All property acquired pursuant to this Act shall be administered by the Secretary in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U. S. C., 1946 edition, sec. 1—3), entitled "An Act to establish a National Park Service, and for other purposes".

Approved September 22, 1950.

Public Law 184 - 83d Congress
Chapter 310 - 1st Session
H. R. 5804

AN ACT

To authorize the Secretary of the Interior to grant easements for rights-of-way through, over, and under the parkway land along the line of the Chesapeake and Ohio Canal, and to authorize an exchange of lands with other Federal departments and agencies, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled That the Secretary of the Interior is hereby authorized and directed to grant perpetual easements, subject to such reasonable conditions as are necessary for the protection of the Federal interests, for rights-of-way through, over, or under the parkway lands along the line of the Chesapeake and Ohio Canal, now or hereafter acquired, for the purposes of electric, telephone, and telegraph lines or conduits, gas, oil, and water pipelines, tunnels, and water conduits, or for other utility purposes incident to industrial, commercial or agricultural use, or to the supply of water for domestic, public, or any other beneficial use, where it is intended to use such rights-of-way for any one or more of the purposes herein above named.

SEC. 2. No part of said easements shall be used for any other than the purposes for which they are granted, and in the event of any breach of this restriction, or in the event of any failure to observe the conditions in said easements, either of which shall continue for a period of ninety days after notice thereof, or in the event the said easement is abandoned for the purposes granted, the entire interest herein authorized to be granted shall, upon a declaration to that effect by the Secretary of the Interior, revert to the United States.

SEC. 3. The Secretary of the Interior shall cause an appraisal to be made of the fair market value of the said easements, including the resulting damage, if any, to the residue of the parkway lands, which appraisal, after approval by the Secretary of the Interior, shall be paid in cash by the grantees requesting the easement as the consideration for said easements when granted by the United States.

SEC. 4. The Secretary of the Interior is further authorized, in his discretion, to grant perpetual easements, subject to such conditions as are necessary for the protection of the Federal interest, for rights of-way through, over, or under the parkway lands along the Chesapeake and Ohio Canal, now or hereafter acquired, for railroad tracks or for other utility purposes: Provided, That such easements may be granted in exchange for the relinquishment of existing easements across land now or hereafter in Federal ownership within the park way: Provided further, That the Secretary may cause an appraisal to be made of the value of such easements and may require payment to be made by the grantee as provided in section 3 of this Act: Provided further, That no part of said easements shall be used for any other than the purposes for which they are granted, and in the event of any breach of this restriction, or in the event of any failure to observe the conditions in said easements, either of which shall continue for a period of ninety days after notice thereof, or in the event the said easement is abandoned for the purposes granted, the entire interest herein authorized to be granted, upon a declaration to that effect by the Secretary, shall revert to the United States.

SEC. 5. The Secretary of the Interior is hereby authorized, in his Conveyances, discretion, when in the best interest of the United States, to convey, at the fair market value, to counties and municipalities for roads, streets, highways, or other municipal facilities, by proper deed or instrument, any lands or interests in lands of the United States within the parkway along the line of the Chesapeake and Ohio Canal, under the jurisdiction of the Department of the Interior and located within the boundaries of such county or municipality, which are not needed for parkway purposes, but not to the extent of severing in any manner the continuity of the parkway lands from Great Falls to and including the city of Cumberland, Maryland.

SEC. 6. The Secretary of the Interior, and the heads of other departments and agencies of the Federal Government administering lands along or adjacent to the line of the Chesapeake and Ohio Canal, are here by authorized, for the purpose of facilitating the development, administration, and maintenance of said parkway, to transfer jurisdiction between their respective departments and agencies over such portions of the lands under their respective jurisdictions along or adjacent to the line of said canal as are surplus to their respective needs, without reimbursement, and under such conditions as may be mutually agreed upon by the Secretary of the Interior and the head of the other department or agency concerned; and such transfer of jurisdiction by any department or agency of the Federal Government in possession of such lands is hereby authorized.

Approved August 1, 1953.

Title 3—THE PRESIDENT
Proclamation 3391

ESTABLISHING THE CHESAPEAKE AND OHIO CANAL NATIONAL MONUMENT, MARYLAND

By the President of the United States of America

A Proclamation

WHEREAS by deed of September 23, 1938, the United States acquired from the Receivers of the Chesapeake and Ohio Canal Company certain lands, together with all appurtenances thereunto belonging, known as the Chesapeake and Ohio Canal; and

WHEREAS since September 23, 1938, such lands have been administered and protected by the Department of the Interior through the National Park Service; and

WHEREAS, by section 2 of the act of Congress approved June 8, 1906 (34 Stat. 225), the President of the United States is authorized "in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected"; and

WHEREAS the Chesapeake and Ohio Canal is of historic and scientific interest, and historic structures and objects of scientific interest are situated upon the lands thereof:

NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, by virtue of the authority vested in me by section 2 of the act of June 8, 1906, 34 Stat. 225 (16 U.S.C. 421), do proclaim that, subject to valid existing rights, there is hereby reserved and set apart as a national monument, to be known as the Chesapeake and Ohio Canal National Monument, that portion of the property now owned by the United States and acquired by it under the said deed of September 23, 1928, which extends from Cumberland, Maryland, to a location 100 feet downstream from the first culvert above the Seneca agreement, the monument hereby established containing approximately 4,800 acres.

The said deed of September 23, 1938, is recorded in the land records of the County of Allegany, Maryland, in Book R.J. No. 181 at Folio 603, of the County of Washington, Maryland, in Book No. 207 at Folio 575, of the County of Frederick, Maryland, in Book No. 414 at Folio 245 fc., and of the County of Montgomery, Maryland, in Book No. 638 at Folio 76. Detailed maps of the Chesapeake and Ohio Canal property, consisting of 15 rolls prepared by B. F. Mackall, are on file with the Director, National Park Service, Washington, D.C., and the Superintendent of the Chesapeake and Ohio Canal Project in Hagerstown, Maryland.

Warning is hereby given to all unauthorized persons not to appropriate, injure, destroy, deface, or remove any feature of this monument and not to locate or settle upon any of the lands reserved by this proclamation.

The Chesapeake and Ohio Canal National Monument shall be supervised, managed, and controlled in accordance with the act of Congress entitled "An Act To Establish a National Park Service, and for Other Purposes," approved August 25, 1916 (39 Stat. 535), and acts supplementary thereto and amendatory thereof, including the act of September 22, 1950 (64 Stat. 905), and the act of August 1, 1953 (67 Stat. 359).

Nothing in this proclamation is intended to prejudice the use of the Chesapeake and Ohio Canal National Monument for such works as the Congress may hereafter authorize for municipal and domestic water supply, navigation, flood control, drainage, recreation, or other beneficial purposes.

IN WITNESS WHEREOF, I have here unto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this eighteenth day of January in the year of our Lord nineteen hundred and sixty-one and of the Independence of the United States of America the one hundred and eighty-fifth.

DWIGHT D. EISENHOWER

By the President:
   CHRISTIAN A. HERTER,
      Secretary of State.

[F.R. Doc. 61-???; Filed, Jan. 18, 1961; 10:36 a.m.]

Public Law 91-664
91st Congress. H. R. 19342
January 8, 1971

AN ACT

To establish and develop the Chesapeake and Ohio Canal National Historical Park, and for other purposes.

Be it enacted by 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 Historical 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, private 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.

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 Chesapeake and Ohio Canal National Historical Park, in the States of Maryland and West Virginia and in the District of Columbia. The park as initially established shall comprise those particular properties in Federal ownership, containing approximately five thousand two hundred and fifty acres, including these 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 properties 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, Proposed Chesapeake 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 with established administrative policies for national parks, and

(3) until the terms and conditions of such donation or cooperative agreement have been forwarded to the Committees on Interior and Insular Affairs of the United States House of Representatives 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 the boundaries of the park firearms shall be unloaded, bows unstrung, and dogs on leash.

ADVISORY COMMISSION

SEC. 6. (a) There is hereby established a Chesapeake and Ohio Canal National Historical Park Commission (hereafter in this section 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 members to be appointed from recommendations submitted 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 submitted by the Governor of the State of Maryland, the Governor of the State of West Virginia, the Governor of the Commonwealth of Virginia, and the Commissioner of the District of Columbia, of which two members shall be appointed from recommendations 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 development 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 he administered by the Secretary of the Interior in accordance with the Act of August 25, 1916 (30 Stat. 535; 16 U.S.C. 1, 2—4), as amended and supplemented.

SEC. 8. (a) Any funds that may be available for purposes of administration 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 construction involved herein.

Approved January 8, 1971.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 91—1553 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 91—1512 (Comm. on Interior and Insular Affairs),
CONGRESSIONAL RECORD, Vol. 116 (1970):
     Oct. 5, considered and passed House.
     Dec. 22, considered and passed Senate.

An Act to dedicate the canal and towpath of the Chesapeake and Ohio Canal National Historical Park to Justice William O. Douglas, and for other purposes. (91 Stat. 21) (P.L. 95—11)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Canal and towpath of the Chesapeake and Ohio Canal National Historical Park are hereby dedicated to Justice William O. Douglas in grateful recognition of his long outstanding service as a prominent American conservationist and for his efforts to preserve and protect the canal and towpath from development.

SEC. 2. In order to carry out the provisions of this Act, the Secretary of the Interior is authorized and directed to provide such identification by signs, including, but not limited to changes in existing signs, materials, maps, markers, interpretive programs or other means as will appropriately inform the public of the contributions of Justice William O. Douglas.

SEC. 3.; The Secretary of the Interior is further authorized and directed to cause to be erected and maintained, within the exterior boundaries of the Chesapeake and Ohio Canal National Historical Park, an appropriate memorial to Justice William O. Douglas. Such memorial shall be of such design and be located at such place within the park as the Secretary shall determine.

SEC. 4. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

Approved March 15, 1977.

Legislative History:
House Report No. 95—38 (Comm. on Interior and Insular Affairs).
Congressional Record, Vol. 123 (1977):
   Feb. 24, considered and passed Senate.
   Mar. 2, considered and passed House.

An Act to authorize additional appropriations for the acquisition of lands and interests in lands within the Sawtooth National Recreation Area in Idaho. (92 Stat. 3467) (P.L. 95—625)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE III—CHESAPEAKE AND OHIO CANAL
NATIONAL HISTORICAL PARK

* * * * * * * * * *

SEC. 320. Section 8(b) of the Act of January 8, 1971 (84 Stat. 1978) is amended by changing "$20,400,000" to "$28,400,000". The boundaries of the park are revised to include approximately 600 additional acres: Provided, however, That such additions shall not include any properties located between 30th Street and Thomas Jefferson Street in the northwest section of the District of Columbia.

* * * * * * * * * *

Approved November 10, 1978.

PUBLIC LAW 99-456—OCT. 8, 1936

Public Law 99—456
99th Congress

An Act

To designate the Cumberland terminus of the Chesapeake and Ohio Canal National Historical Park in honor of J. Glenn Beall, Sr.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Cumberland terminus of the Chesapeake and Ohio Canal National Historical Park is hereby dedicated to J. Glenn Beall, Sr. in grateful recognition of his outstanding efforts to preserve and protect the canal and towpath from development.

(b) In order to carry out the provisions of this Act, the Secretary of the Interior is authorized and directed to provide such identification by signs, including changes in existing signs, materials, maps, markers, or other means as will appropriately inform the public of the contributions of J. Glenn Beall, Sr.

(c) The Secretary of the Interior is further authorized and directed to cause to be erected and maintained, within the exterior boundaries of the Cumberland terminus of the Chesapeake and Ohio Canal National Historical Park, an appropriate memorial to J. Glenn Beall, Sr. Such memorial shall be of such design and be located at such place as the Secretary shall determine.

(d) There are authorized to be appropriated up to $25,000 to carry out the purposes of this Act.

Approved October 8, 1986.