[Congressional Record Volume 147, Number 47 (Tuesday, April 3, 2001)]
[House]
[Pages H1357-H1360]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CHESAPEAKE BAY OFFICE OF NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION AUTHORIZATION
Mr. GILCHREST. Madam Speaker, I move to suspend the rules and pass
the bill (H.R. 642) to reauthorize the Chesapeake Bay Office of the
National Oceanic and Atmospheric Administration, and for other
purposes, as amended.
The Clerk read as follows:
H.R. 642
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CHESAPEAKE BAY OFFICE.
(a) Reauthorization of Office.--Section 307 of the National
Oceanic and Atmospheric Administration Authorization Act of
1992 (15 U.S.C. 1511d) is amended to read as follows:
``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.
``(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
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--
``(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
``(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;
``(4) coordinate the activities of the National Oceanic and
Atmospheric Administration with the activities of the
Environmental Protection Agency and other Federal, State, and
local agencies;
``(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) 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.
``(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
[[Page H1358]]
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) Budget Line Item.--The Secretary of Commerce shall
identify, in the President's annual budget to the Congress,
the funding request for the Office.
``(e) 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.
``(f) 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.''.
(b) Conforming Amendment.--Section 2 of the National
Oceanic and Atmospheric Administration Marine Fisheries
Program Authorization Act (Public Law 98-210; 97 Stat. 1409)
is amended by striking subsection (e).
(c) Multiple Species Management Strategy.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the Chesapeake Bay
Office of the National Oceanic and Atmospheric Administration
shall begin a 5-year study, in cooperation with the
scientific community of the Chesapeake Bay, appropriate State
and interstate resource management entities, and appropriate
Federal agencies--
(A) to determine and expand the understanding of the role
and response of living resources in the Chesapeake Bay
ecosystem; and
(B) to develop a multiple species management strategy for
the Chesapeake Bay.
(2) Required elements of study.--In order to improve the
understanding necessary for the development of the strategy
under paragraph (1)(B), the study shall--
(A) determine the current status and trends of fish and
shellfish that live in the Chesapeake Bay and its tributaries
and are selected for study;
(B) evaluate and assess interactions among the fish and
shellfish referred to in subparagraph (A) and other living
resources, with particular attention to the impact of changes
within and among trophic levels; and
(C) recommend management actions to optimize the return of
a healthy and balanced ecosystem for the Chesapeake Bay.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Gilchrest) and the gentleman from Guam (Mr. Underwood)
each will control 20 minutes.
The Chair recognizes the gentleman from Maryland (Mr. Gilchrest).
Mr. GILCHREST. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I want to say up front that the staff on both sides of
the aisle, the Democrat and Republican staff, both in our personal
offices and the committee, have done excellent work on this bill to
make it a bipartisan bill supported by everybody. It is also an
excellent piece of legislation.
I also want to thank the ranking member, the gentleman from Guam (Mr.
Underwood), for his support of the legislation and for working with us
to make sure that this bill passed the committee and will now pass the
House and eventually become law.
I know the bill does not deal with Guam exclusively, it deals with
the Chesapeake Bay region and the China watershed, but his tireless
efforts to support this legislation bodes well for his professionalism.
Madam Speaker, H.R. 642 reauthorizes the National Oceanic and
Atmospheric Administration's Chesapeake Bay Office and clarifies its
role in coordinating NOAA's bay activities. This legislation is similar
to a measure we introduced last year. It is also similar to separate
legislation introduced last year by my colleague, the gentleman from
Maryland (Mr. Cardin). Those bills were the subject of a committee
hearing last fall. H.R. 642 is a result of that hearing and is
supported by the entire Maryland delegation.
In addition to reauthorizing the NOAA Chesapeake Bay Office, H.R. 642
would create two new very interesting requirements. The first would be
a 5-year study leading to the development of a multiple-species living
marine resources management strategy for the Chesapeake Bay.
I do not want to go over that too fast. It is a multiple-species
living marine resources management strategy. What exactly does that
mean? Let me give just a small example.
In the Chesapeake Bay, we have sunlight and we have nutrients. The
sunlight is the engine behind what gives the Chesapeake Bay life. So to
a certain extent, the sunlight and nutrients generate a microorganism,
something called phytoplankton, a little tiny microorganism, which is
then eaten by another tiny microorganism called zooplankton. The
zooplankton is then eaten by a little fish called menhaden. The
menhaden is eaten by a bigger fish called rockfish, or striped bass.
Now, to a small extent, that is an example of a food web, or
something we refer to today as an ecosystem. In the bill, it talks
about a multiple-species management strategy.
What has happened in the Chesapeake Bay, and the reason there is a
need for this legislation, is that we have sunlight and nutrients now,
but now we have too many nutrients. That means we have too much of the
first microorganism, or phytoplankton. When we have too much of that
phytoplankton, the zooplankton cannot eat enough of it, so a lot of the
phytoplankton, that microorganism, falls to the bottom after it dies.
It uses a lot of oxygen as it decays.
As a result of that loss of oxygen, we do not have a good-quality
environment for the phytoplankton anymore, and we come up with another
microorganism called the dynoflagellate. Because the dynoflagellate can
prosper in low oxygen, it is not nearly as good a quality food for the
zooplankton. Then the zooplankton are not as nutritious. Then the
menhaden that eat the zooplankton, they begin to fail, not only because
the quality of their environment is reduced, but because they are
overharvested by way too many times.
So what does that do to the rockfish at the top of the food web? The
rockfish do not have enough menhaden to eat. So what do the rockfish
do? They go after the crabs.
What I am trying to explain here is as soon as human activity, which
causes too many nutrients in the Chesapeake Bay, interrupts or disrupts
the ecosystem or the food web, we need to employ some quality
legislation to understand the mechanics of the natural processes. That
is what this bill does.
The second requirement of this bill would be to establish a
community-based fishery and habitat restoration small grant program for
the Chesapeake Bay watershed, a small grant program for activities to
understand the nature of the food web that we have disrupted.
How do we get back in to bring that food web back into originally
what it was designed for? It was designed; it has a design to it.
Sometimes we refer to it in the Chesapeake Bay region as the mechanics
of creation. If we can understand that, we can fix these problems.
{time} 1415
So the small watershed grants will plant grass to improve the quality
of the water; build oyster reefs to filter out some of those nutrients;
stabilize shore lines, I think the way they are supposed to be
stabilized so they can be habitat for other wildlife; and spawning
areas for fish.
As a representative of the district that surrounds the Chesapeake
Bay, I am well aware of and appreciate the quality of the work done by
the Chesapeake Bay office. I commend Judith Freeman, director of the
Chesapeake Bay Office, for her efforts to improve the environmental
quality and public stewardship of the bay.
The Chesapeake Bay is vitally important to our district and the mid-
Atlantic States. Every corner of Maryland's first district is dependent
in one way or other on the health of the Chesapeake Bay. From the State
capital in Annapolis, home of constituents as diverse as the United
States Naval Academy, recreational boaters, to the Eastern Shore, where
thousands of watermen rely on the health of the bay to sustain their
families, the Chesapeake Bay is a focal point of life for my
constituents; therefore, the success of the Chesapeake Bay Office is of
critical concern to them and myself.
Madam Speaker, I want to quote one more person in this dialogue we
are having here, and that is Rachael Carson, the author of the book
that exploded the idea that the environment is important in her book
``Silent Spring.'' Rachael Carson always found it a
[[Page H1359]]
strange phenomenon that individual people when you talk to them about
science consider the only people concerned with the details and the
mechanics of natural processes or science were scientists locked away
in some obscure laboratory, and they very rarely ever left that
scientific perspective.
Madam Speaker, science is a wonderful form of dialogue and
conversation not only for us, but certainly for young children in
school. To understand what keeps life on this planet alive is an
extraordinary thing that all of us should talk about a little bit more.
Madam Speaker, I urge an aye vote on this important legislation.
Madam Speaker, I also want to thank my colleagues from Maryland and
the gentleman from Guam (Mr. Underwood) for their support.
Madam Speaker, I reserve the balance of my time.
Mr. UNDERWOOD. Madam Speaker, I yield myself such time as I may
consume.
(Mr. UNDERWOOD asked and was given permission to revise and extend
his remarks.)
Madam Speaker, I support H.R. 642, a noncontroversial bill, which
would reauthorize the Chesapeake Bay Office of the National Oceanic and
Atmospheric Administration, and as indicated by the gentleman from
Maryland (Mr. Gilchrest), chairman of the Subcommittee on Fisheries
Conservation, Wildlife and Oceans, who has aptly demonstrated not only
his commitment to this particular piece of legislation, but certainly
his knowledge about the mechanics of it and the necessity for it.
Since 1992, the Chesapeake Bay Office has functioned effectively to
incorporate NOAA's impressive scientific research and marine resource
management programs into the comprehensive Federal and multi-state
effort to restore the Chesapeake Bay ecosytem. It is one of the best
examples I know of that demonstrates how NOAA brings science and
service together.
H.R. 642 would provide a much-deserved increase in funding for this
office. The bill would also authorize some new activities, many of
which have been outlined already by the gentleman from Maryland (Mr.
Gilchrest), most notably a local fishery and habitat restoration grant
program, which will promote new opportunities for NOAA to contribute
throughout the bay.
The legislation has received strong bipartisan support from the
entire Maryland Congressional delegation. The administration also
supports H.R. 642, and I urge an aye vote on this common sense good
piece of legislation.
Madam Speaker, I reserve the balance of my time.
Mr. GILCHREST. Madam Speaker, I yield 4 minutes to the gentlewoman
from Maryland (Mrs. Morella).
Mrs. MORELLA. Madam Speaker, I, first of all, want to thank the
gentleman from Maryland (Mr. Gilchrest), the sponsor of this
legislation for yielding the time to me and obviously for sponsoring
the legislation.
Madam Speaker, I rise in strong support of H.R. 642, the NOAA
Chesapeake Bay Office Reauthorization. The gentleman from Maryland (Mr.
Gilchrest), my good friend, should be commended for this fine
legislation. In addition, I offer my congratulations to the gentleman
as he embarks as the chairman of the Subcommittee on Fisheries
Conservation, Wildlife and Oceans.
It is only appropriate that the first legislation considered by his
subcommittee is this bill, which will benefit and improve the
Chesapeake Bay.
I want to also thank my colleagues from Maryland, I see the gentleman
from Maryland (Mr. Cardin) over there and I see the gentleman from Guam
(Mr. Underwood), and I want to thank the others who have supported this
legislation.
The Chesapeake Bay, our Nation's largest estuary, is an incredibly
complex ecosytem. The bay is one of our Nation's most valuable natural
resources. Its rich ecosytem, with rivers, wetlands, trees, and the
bay, itself, supports and provides a natural habitat for over 3,600
species of plants, fish, and animals.
We know that about 15 million people now live in the bay watershed,
which include parts of six States and the entire District of Columbia.
These persons are at all times just a few steps from one or more of the
100,000 stream and river tributaries ultimately draining into the bay.
Every person, plant and animal within this watershed depends on each
other to help the Chesapeake Bay system thrive and function properly.
These complex relationships are countless.
NOAA's Chesapeake Bay Office was first created in 1992 to coordinate
NOAA's efforts under the Chesapeake Bay Program, which was a unique
regional partnership of State and Federal Government agencies that has
been encouraging and directing the restoration of the bay since 1983.
I am pleased that important progress has been made in renewing the
bay since the Chesapeake Bay Agreement was signed in 1983. Restoration
efforts, led in part by the dedicated sciences at NOAA, have had a
profound impact on the health and vitality of the bay. Scientific
research has led to a better understanding of the bay, including how it
works, and what must be done to continue its restoration.
The NOAA's Chesapeake Bay Office brings incredible scientific
knowledge and expertise. They are involved in protecting and preserving
the Chesapeake Bay in many ways, from rebuilding oyster reefs to
restoring critically important subaquatic vegetation.
However, we still have a long way to go before we reach our goals for
a completely restored Chesapeake Bay. Many questions about the future
of the bay remain unanswered. For example, blue crabs, perhaps the
best-known and most important resource of the bay, have been below the
long-term average level for several years.
The oyster harvest has declined dramatically. Further efforts to
reduce nutrient and sediment pollution are needed.
Madam Speaker, I am pleased that this legislation today will help us
address these concerns. It will allow us to move towards the goal of a
restored Chesapeake Bay. H.R. 642 will provide the NOAA's Chesapeake
Bay Office with the necessary resources and authorization to continue
to lead the way towards long-lasting environmental restoration of the
bay.
Madam Speaker, we must preserve and protect the Chesapeake Bay, and I
do support H.R. 642. I urge its swift passage.
Mr. UNDERWOOD. Madam Speaker, to prove this is not simply a Maryland
State concern, I yield 2 minutes to the gentleman from Virginia (Mr.
Scott).
Mr. SCOTT. Madam Speaker, I thank the gentleman from Guam (Mr.
Underwood) for yielding the time.
Madam Speaker, I want to thank also the gentleman from Maryland (Mr.
Gilchrest), because he and I cochair the Chesapeake Bay Watershed Task
Force, and I want to thank him and the gentleman from Guam (Mr.
Underwood) for their dedication to protecting the Chesapeake Bay.
The bill before us today reauthorizes the National Oceanic and
Atmospheric Administration Chesapeake Bay Office through 2006. The
Chesapeake Bay Office was established in 1992 to provide a focal point
for NOAA's efforts and those efforts undertaken by partners of the
Chesapeake Bay Program.
For nearly 10 years now, the Chesapeake Bay Office has played a vital
role in coordinating efforts between NOAA and Federal and State
governments in the Chesapeake Bay watershed. It has acted as a positive
force in managing and preserving this unique natural treasure.
This legislation before us not only authorizes the appropriations for
the Chesapeake Bay Office, but it also begins a new small grant
program. Local governments and organizations, such as educational
institutions or community organizations within the Chesapeake Bay
watershed would be eligible for grants which may make improvements to
fish passageways, create natural or artificial reefs for habitats,
restore wetlands or sea grass or produce oysters for restoration
projects.
These projects could advance the essential knowledge and information
that is necessary in order for us to restore our Nation's most
cherished waterway, the Chesapeake Bay, which not only has significant
environmental impact on Virginia and many other States, but also
contributes enormously to our recreational activities and to our
economy. I, therefore,
[[Page H1360]]
Madam Speaker, urge my colleagues to support the bill.
Mr. UNDERWOOD. Madam Speaker, I yield 2 minutes to the gentleman from
Maryland (Mr. Cardin).
Mr. CARDIN. Madam Speaker, I thank the gentleman from Guam (Mr.
Underwood), my friend, for yielding this time to me and for his
leadership in moving this legislation, and also the gentleman from
Maryland (Mr. Gilchrest), my colleague, in working together to bring
forward this very important reauthorization legislation that will help
continue the Federal partnership in restoring the Chesapeake Bay, the
largest estuary in our Nation.
In 1991, original authorizations for NOAA's participation was passed
by this Congress, and since that time, NOAA has been an instrumental
partner in our efforts that involve not only the State of Maryland, but
our surrounding States; not just State government, but local
governments; not just government, but the private sector. We have
worked together in partnership and have made tremendous progress in
restoring the Chesapeake Bay.
This legislation not only reauthorizes NOAA's participation, but
establishes small grant programs to local governments, community
organizations, educational institutions to restore fisheries and
habitats.
Madam Speaker, I say personally I know the groups that qualify for
these funds. They are out there every day helping us restoring the
waters and stirring the banks, cleaning up the waters, helping us in a
major way. This legislation will mean that there will be additional
resources available to these local groups to help them.
The legislation also provides for a 5-year study, which I think is
extremely important on the multispecies management plan. For too long,
we have been looking at individual species. This legislation will allow
us to look at all the species within the bay as to how they interact
with each other.
We increase the authorization to $6 million through fiscal year 2006;
and in combination, this legislation will increase NOAA's participation
in partnership to restore the bay.
Madam Speaker, I congratulate all for moving this legislation so
early. It will help us in our efforts not only in Maryland, not only in
the communities that surround the Chesapeake Bay, but as a model for
our Nation as to the right way to clean up a major body, a
multijurisdictional body of water.
Madam Speaker, I urge my colleagues to support the legislation.
Mr. UNDERWOOD. Madam Speaker, I yield myself such time as I may
consume to urge everyone to vote aye on this, and also to congratulate
the gentleman from Maryland (Mr. Gilchrest) for this very fine piece of
legislation.
Madam Speaker, I yield back the balance of my time.
Mr. GILCHREST. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I thank the gentleman from Guam (Mr. Underwood) once
again, and certainly the gentleman from Maryland (Mr. Cardin) for
helping us with this legislation.
One last very brief comment on the Chesapeake Bay watershed. The
Chesapeake Bay itself, about 100 years ago, at the turn of the century,
we took out of the bay on an annual basis up to 15 million bushels of
oysters, 15 million. It was the engine that drove the economy of the
State of Maryland and Virginia and, to some extent, Pennsylvania, for
the commercial harvest, for the recreational activities, for all the
spin-off economic resources that depended on the Chesapeake Bay, 15
million bushels the oysters. We are, in a good year now, in a very good
year, down to 300,000 bushels of oysters.
With this legislation, we can understand the nature of the mechanics
of the ecosytem, how the food web works. Human activity degraded the
bay; human ingenuity will restore it.
I urge an aye vote on H.R. 642.
Mr. GILCHREST. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Emerson). The question is on the motion
offered by the gentleman from Maryland (Mr. Gilchrest) that the House
suspend the rules and pass the bill, H.R. 642, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. GILCHREST. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________