H. Rept. 118-434 - CHESAPEAKE BAY SCIENCE, EDUCATION, AND ECOSYSTEM ENHANCEMENT ACT OF 2023118th Congress (2023-2024)
Committee Report
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| Accompanies: | H.R.4770 |
| Committees: | House Natural Resources Committee |
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118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-434
======================================================================
CHESAPEAKE BAY SCIENCE, EDUCATION, AND ECOSYSTEM ENHANCEMENT ACT OF
2023
_______
April 2, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 4770]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4770) to reauthorize the Chesapeake Bay Office
of the National Oceanic and Atmospheric Administration, and for
other purposes, having considered the same, reports favorably
thereon with an amendment and recommends 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 2023''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the National Oceanic and Atmospheric
Administration's Chesapeake Bay Office should be the primary
representative of the National Oceanic and Atmospheric Administration
in the Chesapeake Bay watershed.
SEC. 3. REAUTHORIZATION OF THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION 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
section.''; and
(C) by striking paragraph (3);
(2) in subsection (b)--
(A) in paragraph (2), by striking ``Secretary of
Commerce'' and inserting ``Administrator'';
(B) in paragraph (3)--
(i) by inserting ``with and represent'' after
``coordinate'';
(ii) by striking ``, the Chesapeake Bay
Regional Sea Grant Programs, and the Chesapeake
Bay units of the National Estuarine Research
Reserve System,'' and inserting ``for the
Chesapeake Bay Program and that relate to the
Chesapeake Bay watershed in furtherance of such
Administration's coastal resource stewardship
mission,'';
(iii) in subparagraph (A)--
(I) in clauses (vi) and (vii), by
striking ``and'' at the end; and
(II) by adding at the end the
following:
``(viii) coastal hazards and climate change;
and
``(ix) education; and''; and
(iv) in subparagraph (B)--
(I) in clause (iii), by striking
``and'' at the end;
(II) in clause (iv), by inserting
``and'' after the semicolon; and
(III) by adding at the end the
following:
``(v) integrated ecosystem assessments;'';
(C) 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
the purposes of this section'';
(D) by striking paragraphs (5) and (7);
(E) by redesignating paragraph (6) as paragraph (5);
and
(F) by adding at the end the following:
``(6) perform any functions necessary to support the programs
referred to in paragraph (3).'';
(3) by striking subsections (c), (d), and (e); and
(4) by adding at the end the following:
``(c) Program Activities.--
``(1) In general.--The Administrator, through the Director,
shall implement the program activities authorized by this
section 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 use 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
use 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
such 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 the Integrated Coastal and Ocean
Observation System Act of 2009 (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 monitoring with Federal and
State agencies in the tidal portions of the
Chesapeake Bay to understand impacts of water
quality on living marine resources;
``(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; and
``(iv) 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 and associated
monitoring assets to improve weather and ecological
forecasts, monitor habitat conditions for living marine
resources, 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 observational data
from the Chesapeake Bay Interpretive Buoy
System into the Integrated Ocean Observing
System regional observing system network.
``(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 2023;
``(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 education and career pathway
internships; and
``(iv) meet the educational goals of the
Chesapeake Bay Watershed 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 meaningful 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; and
``(vi) build the capacity of school districts
and their partners to deliver high quality
environmental education programs.
``(C) Coordination.--The Director shall implement the
education and training program in coordination with the
heads of other Federal agencies, as the Director
determines appropriate.
``(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,
submerged aquatic vegetation, and economically and
ecologically important fish species such as striped
bass and menhaden.
``(B) Activities.--Under the Chesapeake Bay Coastal
Living Resources Management and Habitat Program, the
Director may carry out or enter into grants, contracts,
and cooperative agreements and provide technical
assistance to support--
``(i) native oyster research and 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 restoration programs;
``(iv) the development of programs that
restore, protect, and build the resilience of
critical coastal habitats and communities;
``(v) habitat mapping, characterization, and
assessment techniques necessary to identify,
assess, and monitor Chesapeake Bay conditions
and 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;
``(viii) ecologically and economically
important fish and shellfish research; and
``(ix) other activities that the director
determines are appropriate to carry out the
purposes of such program.
``(d) Delegation.--
``(1) Authority.--The Administrator shall delegate to the
Director such authority as may be necessary to carry out this
section.
``(2) Staff.--The Administrator shall delegate to the
Director appropriate staff representing expertise that covers
the breadth of the duties of the Office.
``(e) 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 Bay
Agreement and subsequent agreements.
``(f) Agreements.--
``(1) In general.--The Administrator, through the Director,
may 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 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 Tribe,
or of any political subdivision thereof.
``(g) Definitions.--In this section, the following definitions apply:
``(1) Administrator.--The term `Administrator' means the
Administrator of the National Oceanic and Atmospheric
Administration.
``(2) Chesapeake bay agreement; chesapeake bay ecosystem;
chesapeake bay program; chesapeake executive council.--The
terms `Chesapeake Bay Agreement', `Chesapeake Bay ecosystem',
`Chesapeake Bay Program', and `Chesapeake Executive Council'
have the meanings given those terms in section 117(a) of the
Federal Water Pollution Control Act (33 U.S.C. 1267(a)).
``(3) Director.--The term `Director' means the Director of
the Office.
``(4) Office.--The term `Office' means the Chesapeake Bay
Office established under this section.''.
Purpose of the Legislation
The purpose of H.R. 4770 is to reauthorize the Chesapeake
Bay Office of the National Oceanic and Atmospheric
Administration, and for other purposes.
Background and Need for Legislation
The National Oceanic and Atmospheric Administration (NOAA)
created the Chesapeake Bay Office in 1992 to help coordinate
NOAA's research efforts across the Chesapeake Bay watershed.
The watershed--spanning 64,000 square miles across six states
and the District of Columbia--plays a critical role in
supporting the fishing industry across the region and is an
important source of economic activity and outdoor recreation.
As Dr. Allison Colden of the Chesapeake Bay Foundation noted in
testimony before the Committee, commercial and recreational
fishing supported more than 60,000 jobs and nearly $2 billion
in income in Maryland and Virginia over the course of 2020.\1\
Given the tremendous value of this natural resource, cutting-
edge research, monitoring, and restoration efforts are needed
to ensure that best practices are deployed to protect the
Chesapeake Bay.
---------------------------------------------------------------------------
\1\``Written Testimony of Allison Colden, PH.D.'' House Committee
on Natural Resources, Subcommittee on Water, Wildlife and Fisheries.
October 18, 2023. https://naturalresources.house.gov/uploadedfiles/
testimony_colden.pdf.
---------------------------------------------------------------------------
Additionally, effective coordination is key to ensuring
that the most up to science and data is shared across
jurisdictions. NOAA's Chesapeake Bay Office is critical to this
effort in leveraging NOAA's existing partnerships,
relationships, and expertise in the private sector and
academia. The Chesapeake Bay Office was last reauthorized in
2002 and its funding authorization expired in 2006. H.R. 4770,
the ``Chesapeake Bay Science, Education, and Ecosystem
Enhancement Act of 2023'' reauthorizes NOAA's Chesapeake Bay
Office, ensuring that NOAA will continue to play a leading role
in coordinating research and restoration efforts across the
Chesapeake Bay watershed.
Committee Action
H.R. 4770 was introduced on July 20, 2023, by Rep. John
Sarbanes (D-MD). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Water, Wildlife and Fisheries. On October 18, 2023, the
Subcommittee on Water, Wildlife and Fisheries held a hearing on
the bill. On October 25-26, 2023, the Committee on Natural
Resources met to consider the bill. The Subcommittee on Water,
Wildlife and Fisheries was discharged from further
consideration of H.R. 4770 by unanimous consent. Chairman Bruce
Westerman (R-AR) offered an amendment designated Westerman #1.
The amendment was adopted by unanimous consent. The bill, as
amended, was ordered favorably reported to the House of
Representatives by unanimous consent.
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Water, Wildlife and Fisheries
held on October 18, 2023.
Section-by-Section Analysis
Section 1. Short title
This Act may be cited as the ``Chesapeake Bay Science,
Education, and Ecosystem Enhancement Act of 2023.''
Section 2. Sense of Congress
Expresses the sense of Congress that the National Oceanic
and Atmospheric Administration's Chesapeake Bay Office should
be its primary representative in the Chesapeake Bay watershed.
Section 3. Reauthorization of the National Oceanic and Atmospheric
Administration Chesapeake Bay Office
The legislation amends Section 307 of the National Oceanic
and Atmospheric Administration Authorization Act of 1992 to
reauthorize the National Oceanic and Atmospheric Administration
Chesapeake Bay Office. The legislation requires that the
Director of the Office be responsible for office operations to
support the Chesapeake Executive Council. The bill encourages
the Office Director to collaborate on research and monitoring
efforts such as coastal observations, the Chesapeake Bay
Interpretive Buoy System, and the Coastal and Living Resources
Management and Habitat Program. It also allows NOAA to work
with K-12 students through the Chesapeake Bay Watershed
Education and Training Program and includes a grant program to
support those classroom efforts. It also requires a report to
Congress and the Secretary of Commerce every two years on the
Office activities and their progress in restoring Chesapeake
Bay, along with an Action Plan for the next two years to
further restoration efforts.
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.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 4770 would reauthorize existing programs within the
Chesapeake Bay Office of the National Oceanic and Atmospheric
Administration (NOAA). That office works on managing and
restoring habitat and providing educational opportunities in
the Chesapeake Bay area. In 2023, NOAA allocated about $10
million to the office.
The bill also would authorize NOAA to enter into leases as
necessary to carry out the office's programs. Because signing a
lease agreement would commit NOAA to pay the lessor to use a
property over multiple years and in advance of appropriations
for those future years, CBO considers the costs associated with
such a lease to be direct spending. Based on similar authority
provided for other NOAA activities and the relatively narrow
focus of the Chesapeake Bay Office, CBO expects NOAA would use
this authority to enter into one 30-year lease for additional
lab facilities at some point during the 2024-2033 period.
Using information from the General Services Administration
on the costs of NOAA's current leases, CBO estimates that the
lifetime cost of such a lease would be $2 million; budget
authority equal to that amount would be recorded in the year
the authority is granted. Because CBO cannot predict when NOAA
would enter into a lease agreement under the bill, we estimate
there is an equal chance that the agreement is initiated in
every year over the 2024-2034 period. On that basis, and using
historical spending patterns for similar leases, CBO estimates
that outlays for the additional lease would be less than
$500,000 in each year and total $2 million over the 2024-2034
period.
The CBO staff contacts for this estimate are Emma Uebelhor
and Aurora Swanson. The estimate was reviewed by H. Samuel
Papenfuss, Deputy Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
2. 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.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
According to the Congressional Budget Office, H.R. 4770
contains no unfunded mandates as defined in the Unfunded
Mandates Reform Act.
Existing Programs
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
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 italics, and 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.]
(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
section.
[(3) The Director may appoint such additional personnel for
the Office as the Director determines necessary to carry out
this section.]
(b) Functions.--The Office, in consultation with the
Chesapeake Executive Council, shall--
(1) provide technical assistance to the
Administrator, to other Federal departments and
agencies, and to State and local government agencies
in--
(A) assessing the processes that shape the
Chesapeake Bay system and affect its living
resources;
(B) identifying technical and management
alternatives for the restoration and protection
of living resources and the habitats they
depend upon; and
(C) monitoring the implementation and
effectiveness of management plans;
(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 with and represent 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,] for the Chesapeake Bay Program and
that relate to the Chesapeake Bay watershed in
furtherance of such Administration's coastal resource
stewardship mission, including--
(A) programs and activities in--
(i) coastal and estuarine research,
monitoring, and assessment;
(ii) fisheries research and stock
assessments;
(iii) data management;
(iv) remote sensing;
(v) coastal management;
(vi) habitat conservation and
restoration; [and]
(vii) atmospheric deposition; [and]
(viii) coastal hazards and climate
change; and
(ix) education; and
(B) programs and activities of the
Cooperative Oxford Laboratory of the National
Ocean Service with respect to--
(i) nonindigenous species;
(ii) estuarine and marine species
pathology;
(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 the 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
[(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.]
(6) perform any functions necessary to support the
programs referred to in paragraph (3).
[(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 section 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 use 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 use 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 such
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 the Integrated
Coastal and Ocean Observation System Act of
2009 (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 monitoring with
Federal and State agencies in the tidal
portions of the Chesapeake Bay to
understand impacts of water quality on
living marine resources;
(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; and
(iv) 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 and associated
monitoring assets to improve weather and
ecological forecasts, monitor habitat
conditions for living marine resources, 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 observational
data from the Chesapeake Bay
Interpretive Buoy System into the
Integrated Ocean Observing System
regional observing system network.
(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 2023;
(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 education and career
pathway internships; and
(iv) meet the educational goals of
the Chesapeake Bay Watershed 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 meaningful 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; and
(vi) build the capacity of school
districts and their partners to deliver
high quality environmental education
programs.
(C) Coordination.--The Director shall
implement the education and training program in
coordination with the heads of other Federal
agencies, as the Director determines
appropriate.
(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,
submerged aquatic vegetation, and economically
and ecologically important fish species such as
striped bass and menhaden.
(B) Activities.--Under the Chesapeake Bay
Coastal Living Resources Management and Habitat
Program, the Director may carry out or enter
into grants, contracts, and cooperative
agreements and provide technical assistance to
support--
(i) native oyster research and
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 restoration
programs;
(iv) the development of programs that
restore, protect, and build the
resilience of critical coastal habitats
and communities;
(v) habitat mapping,
characterization, and assessment
techniques necessary to identify,
assess, and monitor Chesapeake Bay
conditions and 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;
(viii) ecologically and economically
important fish and shellfish research;
and
(ix) other activities that the
director determines are appropriate to
carry out the purposes of such program.
(d) Delegation.--
(1) Authority.--The Administrator shall delegate to
the Director such authority as may be necessary to
carry out this section.
(2) Staff.--The Administrator shall delegate to the
Director appropriate staff representing expertise that
covers the breadth of the duties of the Office.
(e) 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 Bay Agreement and
subsequent agreements.
(f) Agreements.--
(1) In general.--The Administrator, through the
Director, may 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 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 Tribe, or of any
political subdivision thereof.
(g) Definitions.--In this section, the following definitions
apply:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the National Oceanic and
Atmospheric Administration.
(2) Chesapeake bay agreement; chesapeake bay
ecosystem; chesapeake bay program; chesapeake executive
council.--The terms ``Chesapeake Bay Agreement'',
``Chesapeake Bay ecosystem'', ``Chesapeake Bay
Program'', and ``Chesapeake Executive Council'' have
the meanings given those terms in section 117(a) of the
Federal Water Pollution Control Act (33 U.S.C.
1267(a)).
(3) Director.--The term ``Director'' means the
Director of the Office.
(4) Office.--The term ``Office'' means the Chesapeake
Bay Office established under this section.
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