[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3540 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3540

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2021

  Mr. Sarbanes (for himself, Mr. Scott of Virginia, Mr. Wittman, Mr. 
  Connolly, Mr. Brown, Mr. Ruppersberger, Ms. Wexton, Mr. Hoyer, Ms. 
    Blunt Rochester, Mr. Cartwright, Mrs. Luria, Mr. McEachin, Ms. 
     Spanberger, Mr. Raskin, Ms. Norton, Mr. Mfume, and Mr. Trone) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 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 2021''.

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 Act.''; 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 clause (vi), by striking 
                                ``and'' at the end; and
                                    (II) by adding at the end the 
                                following:
                            ``(viii) coastal hazards and climate 
                        change;
                            ``(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 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 2021;
                            ``(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.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section--
            ``(1) $17,000,000 for fiscal year 2022;
            ``(2) $18,700,000 for fiscal year 2023;
            ``(3) $20,570,000 for fiscal year 2024; and
            ``(4) $22,627,000 for fiscal year 2025.''.
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