16 U.S.C. § 410y–4: Chesapeake and Ohio Canal…

Summary

Creates the Chesapeake and Ohio Canal National Historical Park Commission with nineteen members who serve five-year terms. Eight members are chosen from recommendations by the county boards or councils of Montgomery, Frederick, Washington, and Allegany Counties, Maryland (two from each). Eight more are chosen from recommendations by the Governor of Maryland, the Governor of West Virginia, the Governor of Virginia, and the Mayor of the District of Columbia (two from each). The Secretary appoints three members, one of whom is the Chair, and two must be from established conservation organizations. Vacancies are filled the same way the original appointment was made, and a member may stay until a successor takes office. Commission members do not get paid, but the Secretary may pay reasonable expenses if the Chair signs the voucher. The Secretary or a delegate must meet with the Commission at least once a year to discuss park policy and plans. The Commission acts by a majority vote and stops existing on October 1, 2031.

Title 16, §410y–4

Conservation, Source: USLM XML via OLRC

(a)Establishment

There is hereby established a Chesapeake and Ohio Canal National Historical Park Commission (hereafter in this section referred to as the “Commission”).

(b)Membership; appointment; term

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 Mayor of the District of Columbia, of which two members shall be appointed from recommendations submitted by each such Governor or Mayor, 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)Vacancies

Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. A member may serve after the expiration of his term until his successor has taken office.

(d)Compensation and payment of expenses

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 subchapter.

(e)Consultation by Secretary

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)Majority vote

The Commission shall act and advise by affirmative vote of a majority of the members thereof.

(g)Termination

The Commission shall cease to exist on October 1, 2031.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2024—Subsec. (g). Pub. L. 118–163, which directed the substitution of “on

October 1, 2031.” for “ ‘40’ and all that follows through the period at the end”, was executed by substituting “on

October 1, 2031.” for “on

December 20, 2024.” to reflect the probable intent of Congress and the intervening amendment by Pub. L. 118–83. See below. Pub. L. 118–83 substituted “on

December 20, 2024.” for “40 years from

January 8, 1971.” 2000—Subsec. (g). Pub. L. 106–554 substituted “40” for “thirty”. 1990—Subsec. (c). Pub. L. 101–320, § 1(a), inserted at end “A member may serve after the expiration of his term until his successor has taken office.” Subsec. (g). Pub. L. 101–320, § 1(b), substituted “thirty” for “twenty”. 1980—Subsec. (g). Pub. L. 96–555 substituted “twenty” for “ten”.

Statutory Notes and Related Subsidiaries

Transfer of Functions

Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198. Accordingly, “Mayor” substituted in subsec. (b)(2) for “Commissioner” in two places. Chesapeake and Ohio Canal National Historical Park Commission Pub. L. 113–178, § 1, Sept. 26, 2014, 128 Stat. 1912, provided that: “The Chesapeake and Ohio Canal National Historical Park Commission (referred to in this Act [enacting this note] 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 [Sept. 26, 2014].”

§410y–4 Chesapeake and Ohio Canal National Historical Park Commission