[House Report 111-271]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-271
======================================================================
CHESAPEAKE BAY SCIENCE, EDUCATION, AND ECOSYSTEM ENHANCEMENT ACT OF
2009
_______
September 29, 2009.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 1771]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 1771) to reauthorize the Chesapeake Bay Office of
the National Oceanic and Atmospheric Administration, and for
other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chesapeake Bay Science, Education, and
Ecosystem Enhancement Act of 2009''.
SEC. 2. REAUTHORIZATION OF NOAA CHESAPEAKE BAY OFFICE.
Section 307 of the National Oceanic and Atmospheric Administration
Authorization Act of 1992 (15 U.S.C. 1511d) is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``(in this section''
and all that follows and inserting a period;
(B) by amending paragraph (2) to read as follows:
``(2) The Office shall be headed by a Director, who--
``(A) shall have knowledge and experience in research
or resource management efforts in the Chesapeake Bay;
and
``(B) shall be responsible for the administration and
operation of the office and the implementation of this
Act.''; and
(C) by striking paragraph (3);
(2) in subsection (b)--
(A) by striking so much as precedes paragraph (1) and
inserting the following:
``(b) Purpose.--The purpose of this section is to focus the relevant
science, research, and resource management capabilities of the National
Oceanic and Atmospheric Administration as they apply to the Chesapeake
Bay and to utilize the Office to--'';
(B) in paragraph (2), by striking ``Secretary of
Commerce'' and inserting ``Administrator'';
(C) in paragraph (3)--
(i) by striking the matter preceding
subparagraph (A) and inserting the following:
``(3) coordinate the programs and activities of the various
organizations within the National Oceanic and Atmospheric
Administration in furtherance of such administration's coastal
resource stewardship mission, including--'';
(ii) in subparagraph (A), by striking ``and''
after the semicolon at the end of clause (vi),
and by inserting after clause (vii) the
following:
``(viii) coastal hazards and climate change;
and''; and
(iii) in subparagraph (B), by striking
``and'' after the semicolon at the end of
clause (iii), by inserting ``and'' after the
semicolon at the end of clause (iv), and by
adding at the end the following:
``(v) integrated ecosystem assessments;'';
(D) in paragraph (4)--
(i) by striking ``Environmental Protection
Agency'' and inserting ``Chesapeake Executive
Council''; and
(ii) by inserting before the semicolon at the
end the following: ``as appropriate to further
purposes of this section'';
(E) by striking paragraphs (5) and (7);
(F) by redesignating paragraph (6) as paragraph (5);
and
(G) by adding at the end the following:
``(6) perform any functions necessary to support the programs
referred to in paragraph (3).''; and
(3) by striking subsection (c) and all that follows through
the end of the section and inserting the following:
``(c) Program Activities.--
``(1) In general.--The Administrator, through the Director,
shall implement the program activities authorized by this
subsection to support the activity of the Chesapeake Executive
Council and to further the purposes of this section.
``(2) Ensuring scientific and technical merit.--The Director
shall--
``(A) establish and utilize an effective and
transparent mechanism to ensure that projects funded
under this section have undergone appropriate peer
review; and
``(B) provide other appropriate means to determine
that such projects have acceptable scientific and
technical merit for the purpose of achieving maximum
utilization of available funds and resources to benefit
the Chesapeake Bay area.
``(3) Consultation with chesapeake executive council.--The
Director shall, in the implementation of the program activities
authorized under this section, consult with the Chesapeake
Executive Council, to ensure that the activities of the Office
are consistent with the purposes and priorities of the
Chesapeake Bay Agreement and plans developed pursuant to the
Agreement.
``(4) Integrated coastal observations.--
``(A) In general.--The Administrator, through the
Director, may collaborate with scientific and academic
institutions, State and Federal agencies, non-
governmental organizations, and other constituents in
the Chesapeake Bay watershed, to support an integrated
observations system for the Chesapeake Bay consistent
with the purposes of subtitle C of title XII of Public
Law 111-11 (33 U.S.C. 3601 et seq.).
``(B) Specific requirements.--To support the system
referred to in subparagraph (A) and provide a complete
set of environmental information for the Chesapeake
Bay, the Director shall--
``(i) coordinate existing monitoring and
observing activities in the Chesapeake Bay;
``(ii) identify new data collection needs and
deploy new technologies, as appropriate;
``(iii) collect and analyze the scientific
information necessary for the management of
living marine resources and the marine habitat
associated with such resources;
``(iv) manage and interpret the information
described in clause (iii); and
``(v) organize the information described in
clause (iii) into products that are useful to
policy makers, resource managers, scientists,
and the public.
``(C) Chesapeake bay interpretive buoy system.--To
further the development and implementation of the
Chesapeake Bay Interpretive Buoy System, the Director
may--
``(i) support the establishment and
implementation of the Captain John Smith
Chesapeake National Historic Trail;
``(ii) delineate key waypoints along the
trail and provide appropriate real-time data
and information for trail users;
``(iii) interpret data and information for
use by educators and students to inspire
stewardship of Chesapeake Bay; and
``(iv) incorporate the Chesapeake Bay
Interpretive Buoy System into the Integrated
Ocean Observing System regional network of
observatories.
``(5) Chesapeake bay watershed education and training
program.--
``(A) In general.--The Administrator, through the
Director, may establish a Chesapeake Bay watershed
education and training program. The program shall--
``(i) continue and expand the Chesapeake Bay
watershed education programs offered by the
Office immediately before the enactment of the
Chesapeake Bay Science, Education, and
Ecosystem Enhancement Act of 2009;
``(ii) improve the understanding of
elementary and secondary school students and
teachers of the living resources of the
ecosystem of the Chesapeake Bay;
``(iii) provide community education to
improve watershed protection; and
``(iv) meet the educational goals of the
Chesapeake 2000 Agreement.
``(B) Grant program.--The Director may award grants
for the purposes of this paragraph. Grants awarded
under this subparagraph may be used to support
education and training projects that enhance
understanding and assessment of a specific
environmental problem in the Chesapeake Bay watershed
or a goal of the Chesapeake Bay Program, or protect or
restore living resources of the Chesapeake Bay
watershed, including projects that--
``(i) provide classroom education, including
the development and use of distance learning
and other innovative technologies, related to
the Chesapeake Bay watershed;
``(ii) provide watershed educational
experiences in the Chesapeake Bay watershed;
``(iii) provide professional development for
teachers related to the Chesapeake Bay
watershed and the dissemination of pertinent
education materials oriented to varying grade
levels;
``(iv) demonstrate or disseminate
environmental educational tools and materials
related to the Chesapeake Bay watershed;
``(v) demonstrate field methods, practices,
and techniques including assessment of
environmental and ecological conditions and
analysis of environmental problems;
``(vi) build the capacity of organizations to
deliver high quality environmental education
programs; and
``(vii) educate local land use officials and
decision makers on the relationship of land use
to natural resource and watershed protection.
``(C) Collaboration.--The Director shall implement
the education and training program in collaboration
with the heads of other relevant Federal agencies.
``(6) Coastal and living resources management and habitat
program.--
``(A) In general.--The Administrator, through the
Director, may establish a Chesapeake Bay coastal living
resources management and habitat program to support
coordinated management, protection, characterization,
and restoration of priority Chesapeake Bay habitats and
living resources, including oysters, blue crabs, and
submerged aquatic vegetation.
``(B) Activities.--Under the program, the Director
may, subject to the availability of appropriations,
carry out or enter into grants, contracts, and
cooperative agreements and provide technical assistance
to support--
``(i) native oyster restoration;
``(ii) fish and shellfish aquaculture that is
carried out in accordance with a valid Federal
or State permit;
``(iii) establishment of submerged aquatic
vegetation propagation programs;
``(iv) the development of programs that
protect and restore critical coastal habitats;
``(v) habitat mapping, characterization, and
assessment techniques necessary to identify,
assess, and monitor restoration actions;
``(vi) application and transfer of applied
scientific research and ecosystem management
tools to fisheries and habitat managers;
``(vii) collection, synthesis, and sharing of
information to inform and influence coastal and
living resource management issues; and
``(viii) other activities that the Director
determines are appropriate to carry out the
purposes of such program.
``(d) Reports.--
``(1) In general.--The Administrator, through the Director,
shall submit a biennial report to the Congress and the
Secretary of Commerce on the activities of the Office and on
progress made in protecting and restoring the living resources
and habitat of the Chesapeake Bay.
``(2) Action plan.--Each such report shall include an action
plan for the 2-year period following submission of the report,
consisting of--
``(A) a list of recommended research, monitoring, and
data collection activities necessary to continue
implementation of the strategy under subsection (b)(2);
and
``(B) recommendations to integrate National Oceanic
and Atmospheric Administration activities with the
activities of the partners in the Chesapeake Bay
Program to meet the commitments of the Chesapeake 2000
agreement and subsequent agreements.
``(e) Agreements.--
``(1) In general.--The Administrator, through the Director,
may, subject to the availability of appropriations, enter into
and perform such contracts, leases, grants, or cooperative
agreements as may be necessary to carry out the purposes of
this Act.
``(2) Use of other resources.--For purposes related to the
understanding, protection, and restoration of Chesapeake Bay,
the Director may use, with their consent and with or without
reimbursement, the land, services, equipment, personnel, and
facilities of any Department, agency, or instrumentality of the
United States, or of any State, local government, Indian tribal
government, or of any political subdivision thereof.
``(3) Donations.--The Director may accept donations of funds,
other property, and services for use in understanding,
protecting, and restoring the Chesapeake Bay. Donations
accepted under this section shall be considered as a gift or
bequest to or for the use of the United States.
``(f) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the National Oceanic and Atmospheric
Administration.
``(2) Chesapeake bay agreement.--The term `Chesapeake Bay
Agreement' means the formal, voluntary agreements executed to
achieve the goal of restoring and protecting the Chesapeake Bay
ecosystem and the living resources of the Chesapeake Bay
ecosystem and are signed by the Chesapeake Executive Council.
``(3) Chesapeake executive council.--The term `Chesapeake
Executive Council' means the representatives from the
Commonwealth of Virginia, the State of Maryland, the
Commonwealth of Pennsylvania, the Environmental Protection
Agency, the District of Columbia, and the Chesapeake Bay
Commission, who are signatories to the Chesapeake Bay
Agreement, and any future signatories to that agreement.
``(4) Director.--The term `Director' means the Director of
the Office.
``(5) Office.--The term `Office' means the Chesapeake Bay
Office established under this section.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section--
``(1) $17,000,000 for fiscal year 2011;
``(2) $18,700,000 for fiscal year 2012;
``(3) $20,570,000 for fiscal year 2013; and
``(4) $22,627,000 for fiscal year 2014.''.
Purpose of the Bill
The purpose of H.R. 1771 is to reauthorize the Chesapeake
Bay Office of the National Oceanic and Atmospheric
Administration, and for other purposes.
Background and Need for Legislation
The original partners of the Chesapeake Bay Program and
signatories of the 1983 Chesapeake Bay Agreement (Maryland,
Virginia and Pennsylvania; the District of Columbia; the
Environmental Protection Agency (EPA); and the Chesapeake Bay
Commission) form the Chesapeake Executive Council, which meets
annually to assess federal/state efforts to restore the
environmental health of the Bay. In 1984, the National Oceanic
and Atmospheric Administration (NOAA) signed a memorandum of
agreement with the EPA establishing NOAA as a federal partner
of the Chesapeake Bay Program. To provide focus for NOAA's
multiple programmatic capabilities and activities that support
Chesapeake Bay restoration, in 2002 Congress authorized within
NOAA a Chesapeake Bay Office (NCBO) as part of Public Law 107-
372.
The NCBO operates under a broad mission of understanding,
predicting and explaining changes in the Chesapeake Bay's
environment and also promotes conserving and managing coastal
and estuarine resources to meet the region's economic, social
and environmental needs. Through field offices in Maryland
(Annapolis and Oxford) and Virginia (Norfolk and Gloucester
Point), the NCBO has evolved to fulfill three primary
functions: (1) ecosystem science; (2) coastal and living
resources management; and (3) environmental literacy. This
relatively new internal alignment of priorities has replaced
the former emphasis on fisheries, habitat, integrated coastal
observations, and education, and better integrates NOAA's
assets to both facilitate ecosystem-based management and
support the Council's restoration goals. The current
authorizing statute does not reflect this new NCBO programmatic
configuration.
Committee Action
H.R. 1771 was introduced on March 26, 2009 by Rep. John
Sarbanes (D-MD). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Insular Affairs, Oceans and Wildlife. On July 7, 2009, the
Subcommittee held a hearing on the bill. On July 29, 2009, the
Subcommittee was discharged from further consideration of H.R.
1771 and the full Natural Resources Committee met to consider
the bill. Rep. Sarbanes offered an amendment in the nature of a
substitute to make technical and clarifying changes to the
bill. The amendment was adopted by unanimous consent. The bill,
as amended, was then ordered favorably reported to the House of
Representatives by unanimous consent.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides that this Act may be cited as the
``Chesapeake Bay Science, Education, and Ecosystem Enhancement
Act of 2009.
Section 2. Reauthorization of NOAA Chesapeake Bay Office
Section 2 amends Section 307 of the National Oceanic and
Atmospheric Administration Authorization Act of 1992 to realign
the relevant science, research and resource management
capabilities of the NOAA Chesapeake Bay Office, and designates
specific program activities. The authorized program activities
include Integrated Coastal Observations, which incorporates the
Chesapeake Bay Interpretive Buoy System; a Chesapeake Bay
Watershed Education and Training Program; and a Coastal and
Living Resources Management and Habitat Program. These new
authorized program activities replace the previous Chesapeake
Bay fishery and habitat restoration small watershed grants
program and more accurately reflect the ongoing priorities and
future activities of the NOAA Chesapeake Bay Office.
This section also directs the NOAA Administrator to submit
a biennial report to Congress and allows the Administrator to
enter into cooperative agreements, contracts, leases and
grants. Finally, this section authorizes appropriations for
fiscal year 2011 through fiscal year 2014.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d) (2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to reauthorize the Chesapeake Bay
Office of the National Oceanic and Atmospheric Administration,
and for other purposes.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 1771--Chesapeake Bay Science, Education, and Ecosystem Enhancement
Act of 2009
Summary: H.R. 1771 would reauthorize the Chesapeake Bay
Office of the National Oceanic and Atmospheric Administration
(NOAA). The bill would authorize appropriations totalling $79
million over the 2011-2014 period to support certain activities
carried out by the Chesapeake Bay Office. The bill also would
authorize the Chesapeake Bay Office to accept donations of
funds, property and services for use in implementing its
programs.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 1771 would cost $68 million
over the 2010-2014 period and $11 million after 2014. Enacting
the legislation would have no net impact on revenues or direct
spending.
H.R. 1771 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on State, local, or tribal
governments.
Estimated Cost to the Federal Government: The estimated
budgetary impact of H.R. 1771 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------
2010 2011 2012 2013 2014 2010-2014
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level.......................................... 0 17 19 21 23 79
Estimated Outlays............................................ 0 11 16 19 22 68
----------------------------------------------------------------------------------------------------------------
Note.--Numbers in table do not add to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes the bill
will be enacted near the end of fiscal year 2009 and that the
authorized amounts will be appropriated each year. Estimated
outlays are based on historical spending patterns for similar
NOAA programs.
H.R. 1771 would authorize appropriations totaling $79
million over the 2011-2014 period for the Chesapeake Bay Office
of NOAA. The bill would authorize the Chesapeake Bay Office to
expand grant programs that promote the protection and
restoration of the Chesapeake Bay watershed. The bill also
would authorize the director of the Chesapeake Bay Office to
carry out certain activities that would enhance watershed
monitoring. Finally, the bill would require the Chesapeake Bay
Office to prepare a biennial report that identifies progress
made in protecting and restoring the Chesapeake Bay.
Additionally, H.R. 1771 would authorize the Chesapeake Bay
Office to accept donations of funds, property, and services for
use in implementing its programs. Based on information from
NOAA, CBO expects that most of those donations would be in-kind
support from other federal agencies. CBO estimates that
monetary donations received by the Chesapeake Bay Office would
not exceed $500,000 per year.
Authorization for the Chesapeake Bay Office expired in
2006. In fiscal years 2007 through 2009, the Chesapeake Bay
Office received appropriations ranging from $12 million to $19
million annually, including $15 million in fiscal year 2009.
Intergovernmental and private-sector impact: H.R. 1771
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Jeff LaFave, Impact on
State, Local, and Tribal Governments: Ryan Miller, Impact on
the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 1771 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AUTHORIZATION ACT OF
1992
* * * * * * *
TITLE III--NOAA MARINE FISHERY PROGRAMS
* * * * * * *
SEC. 307. CHESAPEAKE BAY OFFICE.
(a) Establishment.--(1) The Secretary of Commerce shall
establish, within the National Oceanic and Atmospheric
Administration, an office to be known as the Chesapeake Bay
Office [(in this section referred to as the ``Office'').].
[(2) The Office shall be headed by a Director who shall be
appointed by the Secretary of Commerce, in consultation with
the Chesapeake Executive Council. Any individual appointed as
Director shall have knowledge and experience in research or
resource management efforts in the Chesapeake Bay.
[(3) The Director may appoint such additional personnel for
the Office as the Director determines necessary to carry out
this section.]
(2) The Office shall be headed by a Director, who--
(A) shall have knowledge and experience in research
or resource management efforts in the Chesapeake Bay;
and
(B) shall be responsible for the administration and
operation of the office and the implementation of this
Act.
[(b) Functions.--The Office, in consultation with the
Chesapeake Executive Council, shall--]
(b) Purpose.--The purpose of this section is to focus the
relevant science, research, and resource management
capabilities of the National Oceanic and Atmospheric
Administration as they apply to the Chesapeake Bay and to
utilize the Office to--
(1) * * *
(2) develop and implement a strategy for the National
Oceanic and Atmospheric Administration that integrates
the science, research, monitoring, data collection,
regulatory, and management responsibilities of the
[Secretary of Commerce] Administrator in such a manner
as to assist the cooperative, intergovernmental
Chesapeake Bay Program to meet the commitments of the
Chesapeake Bay Agreement;
[(3) coordinate the programs and activities of the
various organizations within the National Oceanic and
Atmospheric Administration, the Chesapeake Bay Regional
Sea Grant Programs, and the Chesapeake Bay units of the
National Estuarine Research Reserve System, including--
]
(3) coordinate the programs and activities of the
various organizations within the National Oceanic and
Atmospheric Administration in furtherance of such
administration's coastal resource stewardship mission,
including--
(A) programs and activities in--
(i) * * *
* * * * * * *
(vi) habitat conservation and
restoration; [and]
* * * * * * *
(viii) coastal hazards and climate
change; and
(B) programs and activities of the
Cooperative Oxford Laboratory of the National
Ocean Service with respect to--
(i) * * *
* * * * * * *
(iii) human pathogens in estuarine
and marine environments; [and]
(iv) ecosystem health; and
(v) integrated ecosystem assessments;
(4) coordinate the activities of the National Oceanic
and Atmospheric Administration with the activities of
the [Environmental Protection Agency] Chesapeake
Executive Council and other Federal, State, and local
agencies as appropriate to further purposes of this
section;
[(5) establish an effective mechanism which shall
ensure that projects have undergone appropriate peer
review and provide other appropriate means to determine
that projects have acceptable scientific and technical
merit for the purpose of achieving maximum utilization
of available funds and resources to benefit the
Chesapeake Bay area;]
[(6)] (5) remain cognizant of ongoing research,
monitoring, and management projects and assist in the
dissemination of the results and findings of those
projects; and
(6) perform any functions necessary to support the
programs referred to in paragraph (3).
[(7) submit a biennial report to the Congress and the
Secretary of Commerce with respect to the activities of
the Office and on the progress made in protecting and
restoring the living resources and habitat of the
Chesapeake Bay, which report shall include an action
plan consisting of--
[(A) a list of recommended research,
monitoring, and data collection activities
necessary to continue implementation of the
strategy described in paragraph (2); and
[(B) proposals for--
[(i) continuing any new National
Oceanic and Atmospheric Administration
activities in the Chesapeake Bay; and
[(ii) the integration of those
activities with the activities of the
partners in the Chesapeake Bay Program
to meet the commitments of the
Chesapeake 2000 agreement and
subsequent agreements.]
[(c) Chesapeake Bay Fishery and Habitat Restoration Small
Watershed Grants Program.--
[(1) In general.--The Director of the Chesapeake Bay
Office of the National Oceanic and Atmospheric
Administration (in this section referred to as the
``Director''), in cooperation with the Chesapeake
Executive Council, shall carry out a community-based
fishery and habitat restoration small grants and
technical assistance program in the Chesapeake Bay
watershed.
[(2) Projects.--
[(A) Support.--The Director shall make grants
under this subsection to pay the Federal share
of the cost of projects that are carried out by
entities eligible under paragraph (3) for the
restoration of fisheries and habitats in the
Chesapeake Bay.
[(B) Federal share.--The Federal share under
subparagraph (A) shall not exceed 75 percent.
[(C) Types of projects.--Projects for which
grants may be made under this subsection
include--
[(i) the improvement of fish
passageways;
[(ii) the creation of natural or
artificial reefs or substrata for
habitats;
[(iii) the restoration of wetland or
sea grass;
[(iv) the production of oysters for
restoration projects; and
[(v) the prevention, identification,
and control of nonindigenous species.
[(3) Eligible entities.--The following entities are
eligible to receive grants under this subsection:
[(A) The government of a political
subdivision of a State in the Chesapeake Bay
watershed, and the government of the District
of Columbia.
[(B) An organization in the Chesapeake Bay
watershed (such as an educational institution
or a community organization)--
[(i) that is described in section
501(c) of the Internal Revenue Code of
1986 and is exempt from taxation under
section 501(a) of that Code; and
[(ii) that will administer such
grants in coordination with a
government referred to in subparagraph
(A).
[(4) Additional requirements.--The Director may
prescribe any additional requirements, including
procedures, that the Director considers necessary to
carry out the program under this subsection.
[(d) Chesapeake Executive Council.--For purposes of this
section, ``Chesapeake Executive Council'' means the
representatives from the Commonwealth of Virginia, the State of
Maryland, the Commonwealth of Pennsylvania, the Environmental
Protection Agency, the District of Columbia, and the Chesapeake
Bay Commission, who are signatories to the Chesapeake Bay
Agreement, and any future signatories to that Agreement.
[(e) Authorization of Appropriations.--There is authorized to
be appropriated to the Department of Commerce for the
Chesapeake Bay Office $6,000,000 for each of fiscal years 2002
through 2006.]
(c) Program Activities.--
(1) In general.--The Administrator, through the
Director, shall implement the program activities
authorized by this subsection to support the activity
of the Chesapeake Executive Council and to further the
purposes of this section.
(2) Ensuring scientific and technical merit.--The
Director shall--
(A) establish and utilize an effective and
transparent mechanism to ensure that projects
funded under this section have undergone
appropriate peer review; and
(B) provide other appropriate means to
determine that such projects have acceptable
scientific and technical merit for the purpose
of achieving maximum utilization of available
funds and resources to benefit the Chesapeake
Bay area.
(3) Consultation with chesapeake executive council.--
The Director shall, in the implementation of the
program activities authorized under this section,
consult with the Chesapeake Executive Council, to
ensure that the activities of the Office are consistent
with the purposes and priorities of the Chesapeake Bay
Agreement and plans developed pursuant to the
Agreement.
(4) Integrated coastal observations.--
(A) In general.--The Administrator, through
the Director, may collaborate with scientific
and academic institutions, State and Federal
agencies, non-governmental organizations, and
other constituents in the Chesapeake Bay
watershed, to support an integrated
observations system for the Chesapeake Bay
consistent with the purposes of subtitle C of
title XII of Public Law 111-11 (33 U.S.C. 3601
et seq.).
(B) Specific requirements.--To support the
system referred to in subparagraph (A) and
provide a complete set of environmental
information for the Chesapeake Bay, the
Director shall--
(i) coordinate existing monitoring
and observing activities in the
Chesapeake Bay;
(ii) identify new data collection
needs and deploy new technologies, as
appropriate;
(iii) collect and analyze the
scientific information necessary for
the management of living marine
resources and the marine habitat
associated with such resources;
(iv) manage and interpret the
information described in clause (iii);
and
(v) organize the information
described in clause (iii) into products
that are useful to policy makers,
resource managers, scientists, and the
public.
(C) Chesapeake bay interpretive buoy
system.--To further the development and
implementation of the Chesapeake Bay
Interpretive Buoy System, the Director may--
(i) support the establishment and
implementation of the Captain John
Smith Chesapeake National Historic
Trail;
(ii) delineate key waypoints along
the trail and provide appropriate real-
time data and information for trail
users;
(iii) interpret data and information
for use by educators and students to
inspire stewardship of Chesapeake Bay;
and
(iv) incorporate the Chesapeake Bay
Interpretive Buoy System into the
Integrated Ocean Observing System
regional network of observatories.
(5) Chesapeake bay watershed education and training
program.--
(A) In general.--The Administrator, through
the Director, may establish a Chesapeake Bay
watershed education and training program. The
program shall--
(i) continue and expand the
Chesapeake Bay watershed education
programs offered by the Office
immediately before the enactment of the
Chesapeake Bay Science, Education, and
Ecosystem Enhancement Act of 2009;
(ii) improve the understanding of
elementary and secondary school
students and teachers of the living
resources of the ecosystem of the
Chesapeake Bay;
(iii) provide community education to
improve watershed protection; and
(iv) meet the educational goals of
the Chesapeake 2000 Agreement.
(B) Grant program.--The Director may award
grants for the purposes of this paragraph.
Grants awarded under this subparagraph may be
used to support education and training projects
that enhance understanding and assessment of a
specific environmental problem in the
Chesapeake Bay watershed or a goal of the
Chesapeake Bay Program, or protect or restore
living resources of the Chesapeake Bay
watershed, including projects that--
(i) provide classroom education,
including the development and use of
distance learning and other innovative
technologies, related to the Chesapeake
Bay watershed;
(ii) provide watershed educational
experiences in the Chesapeake Bay
watershed;
(iii) provide professional
development for teachers related to the
Chesapeake Bay watershed and the
dissemination of pertinent education
materials oriented to varying grade
levels;
(iv) demonstrate or disseminate
environmental educational tools and
materials related to the Chesapeake Bay
watershed;
(v) demonstrate field methods,
practices, and techniques including
assessment of environmental and
ecological conditions and analysis of
environmental problems;
(vi) build the capacity of
organizations to deliver high quality
environmental education programs; and
(vii) educate local land use
officials and decision makers on the
relationship of land use to natural
resource and watershed protection.
(C) Collaboration.--The Director shall
implement the education and training program in
collaboration with the heads of other relevant
Federal agencies.
(6) Coastal and living resources management and
habitat program.--
(A) In general.--The Administrator, through
the Director, may establish a Chesapeake Bay
coastal living resources management and habitat
program to support coordinated management,
protection, characterization, and restoration
of priority Chesapeake Bay habitats and living
resources, including oysters, blue crabs, and
submerged aquatic vegetation.
(B) Activities.--Under the program, the
Director may, subject to the availability of
appropriations, carry out or enter into grants,
contracts, and cooperative agreements and
provide technical assistance to support--
(i) native oyster restoration;
(ii) fish and shellfish aquaculture
that is carried out in accordance with
a valid Federal or State permit;
(iii) establishment of submerged
aquatic vegetation propagation
programs;
(iv) the development of programs that
protect and restore critical coastal
habitats;
(v) habitat mapping,
characterization, and assessment
techniques necessary to identify,
assess, and monitor restoration
actions;
(vi) application and transfer of
applied scientific research and
ecosystem management tools to fisheries
and habitat managers;
(vii) collection, synthesis, and
sharing of information to inform and
influence coastal and living resource
management issues; and
(viii) other activities that the
Director determines are appropriate to
carry out the purposes of such program.
(d) Reports.--
(1) In general.--The Administrator, through the
Director, shall submit a biennial report to the
Congress and the Secretary of Commerce on the
activities of the Office and on progress made in
protecting and restoring the living resources and
habitat of the Chesapeake Bay.
(2) Action plan.--Each such report shall include an
action plan for the 2-year period following submission
of the report, consisting of--
(A) a list of recommended research,
monitoring, and data collection activities
necessary to continue implementation of the
strategy under subsection (b)(2); and
(B) recommendations to integrate National
Oceanic and Atmospheric Administration
activities with the activities of the partners
in the Chesapeake Bay Program to meet the
commitments of the Chesapeake 2000 agreement
and subsequent agreements.
(e) Agreements.--
(1) In general.--The Administrator, through the
Director, may, subject to the availability of
appropriations, enter into and perform such contracts,
leases, grants, or cooperative agreements as may be
necessary to carry out the purposes of this Act.
(2) Use of other resources.--For purposes related to
the understanding, protection, and restoration of
Chesapeake Bay, the Director may use, with their
consent and with or without reimbursement, the land,
services, equipment, personnel, and facilities of any
Department, agency, or instrumentality of the United
States, or of any State, local government, Indian
tribal government, or of any political subdivision
thereof.
(3) Donations.--The Director may accept donations of
funds, other property, and services for use in
understanding, protecting, and restoring the Chesapeake
Bay. Donations accepted under this section shall be
considered as a gift or bequest to or for the use of
the United States.
(f) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the National Oceanic and
Atmospheric Administration.
(2) Chesapeake bay agreement.--The term ``Chesapeake
Bay Agreement'' means the formal, voluntary agreements
executed to achieve the goal of restoring and
protecting the Chesapeake Bay ecosystem and the living
resources of the Chesapeake Bay ecosystem and are
signed by the Chesapeake Executive Council.
(3) Chesapeake executive council.--The term
``Chesapeake Executive Council'' means the
representatives from the Commonwealth of Virginia, the
State of Maryland, the Commonwealth of Pennsylvania,
the Environmental Protection Agency, the District of
Columbia, and the Chesapeake Bay Commission, who are
signatories to the Chesapeake Bay Agreement, and any
future signatories to that agreement.
(4) Director.--The term ``Director'' means the
Director of the Office.
(5) Office.--The term ``Office'' means the Chesapeake
Bay Office established under this section.
(g) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary to carry out this section--
(1) $17,000,000 for fiscal year 2011;
(2) $18,700,000 for fiscal year 2012;
(3) $20,570,000 for fiscal year 2013; and
(4) $22,627,000 for fiscal year 2014.
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