[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1771 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 1771


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 1, 2009

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


 
 To reauthorize the Chesapeake Bay Office of the National Oceanic and 
          Atmospheric Administration, and for other purposes.

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

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.''.

            Passed the House of Representatives September 30, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.