[Congressional Record Volume 151, Number 103 (Tuesday, July 26, 2005)]
[Senate]
[Pages S8951-S8959]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SARBANES (for himself, Ms. Mikulski, Mr. Warner, and Mr. 
        Allen):
  S. 1494. A bill to amend the National Oceanic and Atmospheric 
Administration Authorization Act of 1992 to establish programs to 
enhance protection of the Chesapeake Bay, and for other purposes; to 
the Committee on Commerce, Science, and Transportation.
  Mr. SARBANES. Mr. President, today I am introducing a package of five 
measures to sustain and indeed renew the Federal commitment to 
restoring the water quality and living resources of the Chesapeake Bay 
watershed. Joining me in sponsoring one or more of these measures are 
my colleagues from Virginia, Pennsylvania, and Maryland, Senators 
Warner, Allen, Mikulski, and Santorum.
  In his 1984 State of the Union message, President Ronald Reagan 
called the Chesapeake Bay a ``special national resource'' and pledged 
$10 million a year for 4 years to ``begin the long, necessary effort to 
clean up'' the Bay. Today, despite more than 2 decades of effort and 
the investment of hundreds of millions of dollars on the part of 
Federal, State, and local governments and the private sector, the goal 
of a clean, restored Bay appears elusive. For the past 3 years, the 
Chesapeake Bay Foundation has given the Chesapeake Bay a failing grade 
of 27 out of 100 on its annual report card--far short of the ``70'' 
level believed necessary for the Bay to be declared ``saved.'' The 
continued flood of sediments and nutrient pollution from sewage 
treatment plants, farms, urban runoff, and air deposition, combined 
with continued rapid growth in population and development in the 
watershed, is offsetting the progress that has been made to date in 
restoring the Bay. The Bay remains an ``impaired water body'' under the 
Clean Water Act, and Chesapeake Bay Program scientists are forecasting 
another summer of very low oxygen levels in the deep waters of the Bay, 
further stressing oysters, crabs, and other living resources. As author 
and naturalist Tom Horton points out in a recent National Geographic 
article,

[[Page S8952]]

``No one had illusions that the work of the Chesapeake Bay Program, a 
massive Federal-State restoration effort, begun in 1983 and unmatched 
anywhere in the world, would be quick or easy. But no one anticipated 
that 22 years later we would still be struggling.''
  If the Bay is to be restored, we must redouble our efforts. Nitrogen 
pollution from all sources will have to be substantially reduced, 
thousands of acres of watershed property must be preserved, significant 
efforts must be made to restore living resources, and buffer zones to 
protect rivers and streams need to be created. Likewise, assistance to 
community organizations, local governments, and educational 
institutions at all levels must be expanded dramatically to help foster 
local stewardship and entice more of the 16 million residents who live 
in the watershed to play active roles in the efforts to restore the 
Bay.
  The five measures that we are introducing are an important part of, 
but by no means the entire, solution for addressing the Bay's problems. 
Earlier in this Congress, Members from the Bay-area States, from both 
parties, joined with me in a letter to President Bush, urging him to 
make restoration of Chesapeake Bay a top environmental priority and to 
commit $1 billion in his budget as a down-payment towards restoring the 
Bay's water quality. We called upon the Secretary of Agriculture to 
release $100 million provided under the 2002 Farm Bill for farmers to 
test new, innovative techniques for reducing agricultural nutrient 
pollution in the Chesapeake Bay watershed. Under Senator Warner's 
leadership, we succeeded in getting a provision in the Senate-passed 
SAFETEA legislation, which would provide more than $70 million for the 
Bay area States and local governments to mitigate the impacts of storm-
water runoff from highways and related impervious surfaces. We have 
fought to prevent a significant cut in funding for the Clean Water 
State Revolving Fund. And we have continued to press the Administrator 
of the Environmental Protection Agency to ensure that the Clean Water 
Act is fully enforced. All these are critical components of a more 
comprehensive effort on the part of the Federal, State and local 
governments and the private sector that will be needed over the course 
of the next few years to restore the health of the Chesapeake Bay.

  The first measure, the Chesapeake Bay Program Reauthorization and 
Environmental Accountability Act of 2005, would reauthorize and enhance 
EPA's Chesapeake Bay Program and would increase the program's 
accountability for improving the health of the Bay. The Chesapeake Bay 
Program, which has guided the clean-up effort for the past two decades, 
expires this year and must be reauthorized. Originally authorized in 
the Water Quality Act of 1987 and reauthorized in the Estuaries and 
Clean Water Act of 2000, the Chesapeake Bay Program provides support 
and coordination for Federal, State, and local efforts in developing 
strategies and action plans, conducting system-wide monitoring and 
assessment, implementing projects to restore and protect the Bay and 
its living resources, and communicating with the public about the Bay 
and efforts to restore and protect it.
  Last year, Senator Mikulski, Senator Warner, and I asked the 
Government Accountability Office to conduct a review of the Bay Program 
that would assess the overall restoration progress reported for the 
Bay; determine how progress is measured in the Bay watershed; and 
evaluate the effectiveness of Chesapeake Bay Program efforts to ensure 
that proper measures are being used. That study is nearing completion. 
Its preliminary findings recommend a number of improvements to the 
Program, which we have incorporated in this measure. The Chesapeake 
2000 Agreement provides goals for the Bay, but the GAO found that EPA 
has not developed a plan to achieve these goals. Bay restoration has 
also been hampered by a lack of interim goals and time frames against 
which progress can be assessed. The legislation we are introducing 
today requires the EPA Administrator to develop an implementation plan 
for reaching the goals of the Chesapeake 2000 Agreement, including a 
timeline with specific annual goals for nutrient and sediment 
reduction, associated costs, and measures for assessing progress, and 
to prepare an annual report for Congress that describes the 
accomplishments of the previous year and the reductions likely to occur 
in the future. The legislation also directs the Administrator to 
publish and widely circulate annual ``tributary report cards'' that 
describe the progress made in achieving the nutrient and sediment 
reduction goals for each major tributary or tributary segment in the 
Bay watershed. These ``report cards'' will provide the public with a 
clear and accurate picture of the progress toward restoring the Bay, 
which is currently lacking. In addition, the Director of the Office of 
Management and Budget is to submit an annual report on Chesapeake Bay 
Program funding.
  The second measure, the Chesapeake Bay Watershed Nutrient Removal 
Assistance Act, would establish a grants program in the Environmental 
Protection Agency to support the installation of nutrient reduction 
technologies at major wastewater treatment facilities in the Chesapeake 
Bay watershed. I first introduced this measure during the 107th 
Congress, and provisions of the legislation were included as part of S. 
1961, the Water Investment Act of 2002, reported favorably by the 
Senate Environment and Public Works Committee. Unfortunately, no 
further action was taken on that legislation.

  Despite important water quality improvements over the past decade, 
the overabundance of the nutrients nitrogen and phosphorus continues to 
rob the Bay of life-sustaining oxygen. Recent modeling of EPA's Bay 
Program has found that total nutrient discharges must be reduced by 
more than 40 percent from current levels to restore the Chesapeake Bay 
and its major tributaries to health. To do so, nitrogen discharges from 
all sources must be reduced drastically below current levels. Annual 
nitrogen discharges into the Bay will need to be cut by at least 100 
million pounds from the current 275 million pounds to less than 175 
million pounds. Municipal wastewater treatment plants, in particular, 
will have to reduce nitrogen discharges by nearly 75 percent.
  In December 2004, the Chesapeake Bay Commission issued a report 
entitled ``Cost-Effective Strategies for the Bay''; of the six most 
cost-effective strategies listed in that report, upgrading wastewater 
treatment plants is Number One. There are more than 300 significant 
municipal wastewater treatment plants in the Chesapeake Bay watershed. 
These plants contribute almost 60 million pounds of nitrogen per year--
one-fifth--of the total load of nitrogen to the Bay. Upgrading these 
plants with nutrient removal technologies to achieve nitrogen levels of 
3 mg/liter would remove as much as 30 million pounds of nitrogen in the 
Bay each year, or 30 percent of the total nitrogen reductions needed. 
Nutrient removal technologies have other benefits, as well. They 
provide significant savings in energy usage, 20-30 percent, in chemical 
usage, more than 50 percent, and in the amount of sludge produced, 5-15 
percent. Furthermore, the benefits from upgrading sewage treatment 
plants have an immediate result on the Bay's water quality, unlike 
other methods that primarily affect nutrients in ground water and may 
take years to produce results. This legislation would provide grants 
for 55 percent of the capital cost of upgrading the plants with state-
of-the-art nutrient removal technologies capable of achieving nitrogen 
levels of 3 mg/liter. Any publicly owned wastewater treatment plant 
which has a permitted design capacity to treat an annual average of 0.5 
million gallons per day within the Chesapeake Bay watershed portion of 
New York, Pennsylvania, Maryland, West Virginia, Delaware, Virginia, 
and the District of Columbia would be eligible to receive these grants. 
As a signatory to the Chesapeake Bay Agreement, the EPA has an 
important responsibility to assist the states with financing these 
water infrastructure needs.
  The third measure, the Chesapeake Bay Environmental Education Pilot 
Program Act, would establish a new environmental education program in 
the U.S. Department of Education for elementary and secondary school 
students and teachers within the Chesapeake Bay watershed. There is a 
growing consensus that a major commitment to education to promoting an 
ethic of responsible stewardship and

[[Page S8953]]

citizenship among the 16 million people who live in the watershed is 
necessary if all of the other efforts to save the Bay are to succeed. 
Expanding environmental education and training opportunities will lead 
not only to a healthier Chesapeake Bay ecosystem but also to a more 
educated and informed citizenry, with a deeper understanding of and 
appreciation for the environment, their community, and their role in 
society as responsible citizens.
  One of the principal commitments of the Chesapeake 2000 Agreement is 
to ``provide a meaningful Bay or stream outdoor experience for every 
school student in the watershed before graduation from high school'' 
beginning with the class of 2005. There are more than 3.3 million K-12 
students in the watershed, and despite important efforts by Bay area 
states and not-for-profit organizations, only a very small percentage 
of these students have had the opportunity to engage in meaningful 
outdoor experiences or receive classroom environmental instruction. 
Many of the school systems in the Bay watershed are only at the 
beginning stages in developing and implementing environmental education 
into their curriculum, let alone exposing students to outdoor watershed 
experiences. What's lacking is not the desire or will, but the 
resources and training to undertake more comprehensive environmental 
education programs.
  This legislation would authorize $6 million a year over the next four 
years in Federal grant assistance to help close the resource and 
training gap for students in the elementary and secondary levels in the 
Chesapeake Bay watershed. It would require a 50 percent non-Federal 
match, thus leveraging $12 million in assistance. The funding could be 
used to help design, demonstrate or disseminate environmental curricula 
and field practices, train teachers or other educational personnel, and 
support on-the-ground activities or Chesapeake Bay or stream outdoor 
educational experiences involving students and teachers, among other 
things. The program would complement the NOAA Bay Watershed Education 
and Training Program that we established several years ago.
  The fourth measure, the Chesapeake Bay Watershed Forestry Act, would 
continue and enhance the USDA Forest Service's role in the restoration 
of the Chesapeake Bay watershed. Forest loss and fragmentation are 
occurring rapidly in the Chesapeake Bay region and are among the most 
important issues facing the Bay and forest management today. According 
to the National Resources Inventory, the States closest to the Bay lost 
350,000 acres of forest between 1987 and 1997--almost 100 acres per 
day. More and more rural areas are being converted to suburban 
developments, resulting in smaller contiguous forest tracts. These 
trends are leading to a regional forest land base that is more 
vulnerable to conversion, is less likely to be economically viable in 
the future, and is losing its capacity to protect watershed health and 
other ecological benefits, such as controlling stormwater runoff, 
erosion and air pollution. Restoring and conserving forests is 
essential to sustaining the Bay ecosystem.
  Since 1990, the USDA Forest Service has been an important part of the 
Chesapeake Bay Program. The Service has worked closely with Federal, 
State, and local partners in the six-state Chesapeake Bay region to 
demonstrate how forest protection, restoration, and stewardship 
activities can contribute to achieving the Bay restoration goals. With 
the signing of the Chesapeake 2000 Agreement, the role of the USDA 
Forest Service has become more important than ever. Among other 
provisions, this Agreement requires the signatories to conserve 
existing forests along all streams and shoreline; to promote the 
expansion and connection of contiguous forests; to assess the Bay's 
forest lands; and to provide technical and financial assistance to 
local governments to plan for or revise plans, ordinances, and 
subdivision regulations to provide for the conservation and sustainable 
use of the forest and agricultural lands.
  This legislation codifies the role and responsibilities of the USDA 
Forest Service to the Bay restoration effort. It requires an evaluation 
of the urban and rural forests in the watershed. It strengthens 
existing coordination, technical assistance, forest resource 
assessment, and planning efforts for urban, suburban and rural areas of 
the Chesapeake Bay watershed. It authorizes a small grants program to 
support local agencies, watershed associations, and citizen groups in 
conducting on-the-ground conservation projects. It establishes a 
regional applied forestry research and training program to enhance 
urban, suburban and rural forests in the watershed. Finally it 
authorizes $3.5 million for each of fiscal years 2004 through 2010, a 
modest increase in view of the six-State, 64,000-square-mile watershed.
  The fifth measure, the NOAA Chesapeake Bay Watershed Monitoring, 
Education, Training, and Restoration Act, would enhance the authorities 
of the Chesapeake Bay Office of the National Oceanic and Atmospheric 
Administration, NOAA, to address the goals and commitments of the 
Chesapeake 2000 Agreement with regard to living-resource restoration 
and education and training. It builds upon provisions contained in the 
Hydrographic Services Improvement Act Amendments of 2002, and addresses 
several urgent and unmet needs in the watershed. To help meet Bay-wide 
living resource education and training goals, it codifies the Bay 
Watershed Education and Training, or B-WET, Program--the first 
federally funded environmental education program focused solely on the 
Chesapeake Bay watershed--that we initiated in the Fiscal 2002 
Commerce, Justice, State Appropriations bill; it establishes an 
aquaculture education program to assist with oyster and blue crab 
hatchery production; and it codifies the ongoing oyster restoration 
program and authorizes a new restoration program for submerged aquatic 
vegetation.
  To better coordinate and organize the substantial amounts of weather, 
tide, habitat, water-quality and other data collected and compiled by 
Federal, State, and local government agencies and academic institutions 
and to make this information more useful to resource managers, 
scientists, and the public, this bill also establishes an integrated 
observing system for the Chesapeake Bay. This system will build on and 
coordinate existing monitoring and observing activities in the Bay and 
its watershed, and will include development of an internet-based system 
for integrating and disseminating the vast amounts of information 
available.
  These measures would provide an important boost to our efforts to 
restore the Chesapeake Bay. They are strongly supported by the 
Chesapeake Bay Commission and the Chesapeake Bay Foundation. I ask 
unanimous consent that the text of the bills and supporting letters be 
printed in the Record. I urge my colleagues to join with us in 
supporting the measures and continue the momentum contributing to the 
improvement and enhancement of our Nation's most valuable and treasured 
natural resource.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1490

       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 Program 
     Reauthorization and Environmental Accountability Act of 
     2005''.

     SEC. 2. CHESAPEAKE BAY ENVIRONMENTAL ACCOUNTABILITY AND 
                   REPORTING REQUIREMENTS.

       Section 117 of the Federal Water Pollution Control Act (33 
     U.S.C. 1267) is amended--
       (1) by redesignating subsection (j) as subsection (l);
       (2) in subsection (e)(7), by inserting ``by the Federal 
     Government or a State government'' after ``funded'' each 
     place it appears; and
       (3) by inserting after subsection (i) the following:
       ``(j) Environmental Accountability.--
       ``(1) Implementation plan.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this paragraph, the Administrator shall 
     complete a plan for achieving the nutrient and sediment 
     reduction goals described in the agreement entered into by 
     the Chesapeake Executive Council entitled `Chesapeake 2000' 
     and dated June 28, 2000.
       ``(B) Inclusions.--The plan shall include--
       ``(i) a timeline identifying--

       ``(I) annual goals for achieving the overall nutrient and 
     sediment reduction goals; and
       ``(II) the estimated annual costs of reaching the annual 
     goals identified under subclause (I);

[[Page S8954]]

       ``(ii) a description of any measure, including monitoring 
     or modeling, that the Administrator will use to assess 
     progress made toward achieving a goal described in 
     subparagraph (A) in--

       ``(I) each jurisdictional tributary strategy basin of the 
     Chesapeake Bay; and
       ``(II) the Chesapeake Bay watershed as a whole; and

       ``(iii) a description of any Federal or non-Federal 
     activity necessary to achieve the nutrient and sediment 
     reduction goals, including an identification of any party 
     that is responsible for carrying out the activity.
       ``(2) Annual tributary health report card.--
       ``(A) In general.--Not later than January 31 of each year, 
     the Administrator shall publish and widely circulate a 
     `tributary health report card' to evaluate, based on 
     monitoring and modeling data, progress made during the 
     preceding year (including any practice implemented during the 
     year), and overall progress made, in achieving and 
     maintaining nutrient and sediment reduction goals for each 
     major tributary of the Chesapeake Bay and each separable 
     segment of such a tributary.
       ``(B) Baseline.--The baseline for the report card (referred 
     to in this paragraph as the `baseline') shall be the 
     tributary cap load allocation agreement numbered EPA 903-R-
     03-007, dated December 2003, and entitled `Setting and 
     Allocating the Chesapeake Bay Basin Nutrient and Sediment 
     Loads: The Collaborative Process, Technical Tools and 
     Innovative Approaches'.
       ``(C) Inclusions.--The report card shall include, for each 
     jurisdictional tributary strategy basin of the Chesapeake 
     Bay--
       ``(i) an identification of the total allocation of 
     nutrients and sediments under the baseline;
       ``(ii) the monitored and modeled quantities of nitrogen, 
     phosphorus, and sediment reductions achieved during the 
     preceding year, expressed numerically and as a percentage of 
     reduction;
       ``(iii) a list (organized from least to most progress made) 
     that ranks the comparative progress made, based on the 
     percentage of reduction under clause (ii), by each 
     jurisdictional tributary strategy basin toward meeting the 
     annual allocation goal of that jurisdictional tributary 
     strategy basin for nitrogen, phosphorus, and sediment; and
       ``(iv) to the maximum extent practicable, an identification 
     of the principal sources of pollutants of the tributaries, 
     including airborne sources of pollutants.
       ``(D) Use of data; consideration.--In preparing the report, 
     the Administrator shall--
       ``(i) use monitoring data and data submitted under 
     paragraph (3)(A); and
       ``(ii) take into consideration drought and wet weather 
     conditions.
       ``(3) Actions by states.--
       ``(A) Submission of information.--Not later than December 
     31 of each year, each of the States of Delaware, Maryland, 
     New York, Pennsylvania, Virginia, and West Virginia and the 
     District of Columbia shall submit to the Administrator 
     information describing, for each jurisdictional tributary 
     strategy basin of the Chesapeake Bay located in the State or 
     District, for the preceding year--
       ``(i) the nutrient and sediment cap load allocation of the 
     jurisdictional tributary strategy basin;
       ``(ii) the principal sources of nutrients and sediment in 
     the jurisdictional tributary strategy basin, by category;
       ``(iii) for each category of pollutant source, the 
     technologies or practices used to achieve reductions, 
     including levels of best management practices implementation 
     and sewage treatment plant upgrades; and
       ``(iv) any Federal, State, or non-Federal funding used to 
     implement a technology or practice described in clause (iii).
       ``(B) Audit.--Not later than 1 year after the date of 
     enactment of this subparagraph, and triennially thereafter, 
     the Inspector General of the Environmental Protection Agency 
     shall audit the information submitted by States under 
     subparagraph (A) for accuracy.
       ``(C) Failure to act.--The Administrator shall not make a 
     grant to a State under this Act if the State fails to submit 
     any information in accordance with subparagraph (A).
       ``(k) Reporting Requirements.--
       ``(1) Office of management and budget.--
       ``(A) Initial report.--Not later than 180 days after the 
     date of enactment of this subsection, the Director of the 
     Office of Management and Budget shall submit to the 
     appropriate committees of the Senate and the House of 
     Representatives a report describing the feasibility and 
     advisability of--
       ``(i) combining into a single fund certain or all funds 
     (including formula and grant funds) made available to each 
     Federal agency to carry out restoration activities relating 
     to the Chesapeake Bay; and
       ``(ii) notwithstanding any issue relating to jurisdiction, 
     distributing amounts from that fund in accordance with the 
     priority of water quality improvement activities identified 
     under the Chesapeake Bay Program.
       ``(B) Annual report.--Not later than February 15 of each 
     year, the Director of the Office of Management and Budget 
     shall submit to the appropriate committees of the Senate and 
     the House of Representatives a report containing--
       ``(i) an interagency crosscut budget that displays the 
     proposed budget for use by each Federal agency in carrying 
     out restoration activities relating to the Chesapeake Bay for 
     the following fiscal year; and
       ``(ii) a detailed accounting of all funds received and 
     obligated by Federal and State governments (including formula 
     and grant funds, such as State revolving loan funds and 
     agriculture conservation funds) to achieve the objectives of 
     the Chesapeake Bay Program during the preceding fiscal year.
       ``(2) Environmental protection agency.--Not later than 
     April 15 of each year, the Administrator, in cooperation with 
     appropriate Federal agencies, as determined by the 
     Administrator, shall submit to the appropriate committees of 
     the Senate and the House of Representatives a report 
     containing--
       ``(A)(i) an estimate of the reduction in levels of 
     nutrients and sediments in the Chesapeake Bay and its 
     tributaries; and
       ``(ii) a comparison of each estimated reduction under 
     clause (i) and the appropriate annual goal described in the 
     implementation plan under subsection (j)(1);
       ``(B) based on review by the Administrator of the budget 
     and implementation plans of each Federal agency, and any 
     tributary strategy of an appropriate State agency--
       ``(i) an estimate of the reductions in pollutants likely to 
     occur as a result of each program of an agency under this 
     section during the subsequent 1-year and 5-year periods, 
     including--

       ``(I) an analysis of the success or failure of each program 
     in achieving nutrient and sediment reduction; and
       ``(II) an estimated timeline during which a reduction in 
     nutrient and sediment pollution will occur; and

       ``(ii) accounting for other trend data, an estimate of the 
     actual reduction in the quantities of nutrients and sediments 
     in the Chesapeake Bay and its tributaries from all sources 
     that has occurred over the preceding 1-year and 5-year 
     periods; and
       ``(C) the technical basis and reliability of each estimate 
     under this paragraph.''.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

       Section 117 of the Federal Water Pollution Control Act (33 
     U.S.C. 1267) is amended by striking subsection (l) (as 
     redesignated by section 2) and inserting the following:
       ``(l) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000 for 
     each of fiscal years 2006 through 2010, to remain available 
     until expended.''.

                                S. 1491

       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 Watershed 
     Nutrient Removal Assistance Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) nutrient pollution from point sources and nonpoint 
     sources continues to be the most significant water quality 
     problem in the Chesapeake Bay watershed;
       (2) a key commitment of the Chesapeake 2000 agreement, an 
     interstate agreement among the Administrator, the Chesapeake 
     Bay Commission, the District of Columbia, and the States of 
     Maryland, Virginia, and Pennsylvania, is to achieve the goal 
     of correcting the nutrient-related problems in the Chesapeake 
     Bay by 2010;
       (3) by correcting those problems, the Chesapeake Bay and 
     its tidal tributaries may be removed from the list of 
     impaired bodies of water designated by the Administrator of 
     the Environmental Protection Agency under section 303(d) of 
     the Federal Water Pollution Control Act (33 U.S.C. 1313(d));
       (4) more than 300 major sewage treatment plants located in 
     the Chesapeake Bay watershed annually discharge approximately 
     60,000,000 pounds of nitrogen, or the equivalent of 20 
     percent of the total nitrogen load, into the Chesapeake Bay; 
     and
       (5) nutrient removal technology is 1 of the most reliable, 
     cost-effective, and direct methods for reducing the flow of 
     nitrogen from point sources into the Chesapeake Bay.
       (b) Purposes.--The purposes of this Act are--
       (1) to authorize the Administrator of the Environmental 
     Protection Agency to provide financial assistance to States 
     and municipalities for use in upgrading publicly-owned 
     wastewater treatment plants in the Chesapeake Bay watershed 
     with nutrient removal technologies; and
       (2) to further the goal of restoring the water quality of 
     the Chesapeake Bay to conditions that are protective of human 
     health and aquatic living resources.

     SEC. 3. SEWAGE CONTROL TECHNOLOGY GRANT PROGRAM.

       The Federal Water Pollution Control Act (33 U.S.C. 1251 et 
     seq.) is amended by adding at the end the following:

                       ``TITLE VII--MISCELLANEOUS

     ``SEC. 701. SEWAGE CONTROL TECHNOLOGY GRANT PROGRAM.

       ``(a) Definition of Eligible Facility.--In this section, 
     the term `eligible facility' means a municipal wastewater 
     treatment plant that--
       ``(1) as of the date of enactment of this title, has a 
     permitted design capacity to treat an annual average of at 
     least 500,000 gallons of wastewater per day; and
       ``(2) is located within the Chesapeake Bay watershed in any 
     of the States of Delaware, Maryland, New York, Pennsylvania, 
     Virginia, or West Virginia or in the District of Columbia.
       ``(b) Grant Program.--
       ``(1) Establishment.--Not later than 1 year after the date 
     of enactment of this title, the

[[Page S8955]]

     Administrator shall establish a program within the 
     Environmental Protection Agency to provide grants to States 
     and municipalities to upgrade eligible facilities with 
     nutrient removal technologies.
       ``(2) Priority.--In providing a grant under paragraph (1), 
     the Administrator shall--
       ``(A) consult with the Chesapeake Bay Program Office;
       ``(B) give priority to eligible facilities at which 
     nutrient removal upgrades would--
       ``(i) produce the greatest nutrient load reductions at 
     points of discharge; or
       ``(ii) result in the greatest environmental benefits to 
     local bodies of water surrounding, and the main stem of, the 
     Chesapeake Bay; and
       ``(iii) take into consideration the geographic distribution 
     of the grants.
       ``(3) Application.--
       ``(A) In general.--On receipt of an application from a 
     State or municipality for a grant under this section, if the 
     Administrator approves the request, the Administrator shall 
     transfer to the State or municipality the amount of 
     assistance requested.
       ``(B) Form.--An application submitted by a State or 
     municipality under subparagraph (A) shall be in such form and 
     shall include such information as the Administrator may 
     prescribe.
       ``(4) Use of funds.--A State or municipality that receives 
     a grant under this section shall use the grant to upgrade 
     eligible facilities with nutrient removal technologies that 
     are designed to reduce total nitrogen in discharged 
     wastewater to an average annual concentration of 3 milligrams 
     per liter.
       ``(5) Cost sharing.--
       ``(A) Federal share.--The Federal share of the cost of 
     upgrading any eligible facility as described in paragraph (1) 
     using funds provided under this section shall not exceed 55 
     percent.
       ``(B) Non-federal share.--The non-Federal share of the 
     costs of upgrading any eligible facility as described in 
     paragraph (1) using funds provided under this section may be 
     provided in the form of funds made available to a State or 
     municipality under--
       ``(i) any provision of this Act other than this section 
     (including funds made available from a State revolving fund 
     established under title VI); or
       ``(ii) any other Federal or State law.
       ``(c) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section $132,000,000 for each of fiscal 
     years 2006 through 2010, to remain available until expended.
       ``(2) Administrative costs.--The Administrator may use not 
     to exceed 4 percent of any amount made available under 
     paragraph (1) to pay administrative costs incurred in 
     carrying out this section.''.

                                S. 1492

       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 Environmental 
     Education Pilot Program Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) increasing public environmental awareness and 
     understanding through formal environmental education and 
     meaningful bay or stream field experiences are vital parts of 
     the effort to protect and restore the Chesapeake Bay 
     ecosystem;
       (2) using the Chesapeake Bay watershed as an integrating 
     context for learning can help--
       (A) advance student learning skills;
       (B) improve academic achievement in core academic subjects; 
     and
       (C)(i) encourage positive behavior of students in school; 
     and
       (ii) encourage environmental stewardship in school and in 
     the community; and
       (3) the Federal Government, acting through the Secretary of 
     Education, should work with the Under Secretary for Oceans 
     and Atmosphere, the Chesapeake Executive Council, State 
     educational agencies, elementary schools and secondary 
     schools, and nonprofit educational and environmental 
     organizations to support development of curricula, teacher 
     training, special projects, and other activities, to increase 
     understanding of the Chesapeake Bay watershed and to improve 
     awareness of environmental problems.

     SEC. 3. CHESAPEAKE BAY ENVIRONMENTAL EDUCATION AND TRAINING 
                   GRANT PILOT PROGRAM.

       Title IV of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end 
     the following:

  ``PART D--CHESAPEAKE BAY ENVIRONMENTAL EDUCATION AND TRAINING GRANT 
                             PILOT PROGRAM

     ``SEC. 4401. DEFINITIONS.

       ``In this part:
       ``(1) Bay watershed state.--The term `Bay Watershed State' 
     means each of the States of Delaware, Maryland, New York, 
     Pennsylvania, Virginia, and West Virginia, and the District 
     of Columbia.
       ``(2) Chesapeake executive council.--The term `Chesapeake 
     Executive Council' has the meaning given the term in section 
     307(d) of the National Oceanic and Atmospheric Administration 
     Authorization Act of 1992 (15 U.S.C. 1511d(d)).
       ``(3) Eligible institution.--The term `eligible 
     institution' means--
       ``(A) a public elementary school or secondary school 
     located in a Bay Watershed State; and
       ``(B) a nonprofit environmental or educational organization 
     located in a Bay Watershed State.
       ``(4) Program.--The term `Program' means the Chesapeake Bay 
     Environmental Education and Training Grant Pilot Program 
     established under section 4402.

     ``SEC. 4402. CHESAPEAKE BAY ENVIRONMENTAL EDUCATION AND 
                   TRAINING GRANT PILOT PROGRAM.

       ``(a) In General.--The Secretary shall establish a grant 
     program, to be known as the `Chesapeake Bay Environmental 
     Education and Training Grant Pilot Program', to make grants 
     to eligible institutions to pay the Federal share of the cost 
     of developing, demonstrating, or disseminating information on 
     practices, methods, or techniques relating to environmental 
     education and training in the Chesapeake Bay watershed.
       ``(b) Federal Share.--The Federal share referred to in 
     subsection (a) shall be 50 percent.
       ``(c) Administration.--The Secretary may offer to enter 
     into a cooperative agreement or contract with the National 
     Fish and Wildlife Foundation established by the National Fish 
     and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et 
     seq.), the Under Secretary for Oceans and Atmosphere, a State 
     educational agency, or a nonprofit organization that carries 
     out environmental education and training programs, for 
     administration of the Program.
       ``(d) Use of Funds.--An eligible institution that receives 
     a grant under the Program shall use the funds made available 
     through the grant to carry out a project consisting of--
       ``(1) design, demonstration, or dissemination of 
     environmental curricula, including development of educational 
     tools or materials;
       ``(2) design or demonstration of field practices, methods, 
     or techniques, including--
       ``(A) assessments of environmental or ecological 
     conditions; and
       ``(B) analyses of environmental pollution or other natural 
     resource problems;
       ``(3) understanding and assessment of a specific 
     environmental issue or a specific environmental problem;
       ``(4) provision of training or related education for 
     teachers or other educational personnel, including provision 
     of programs or curricula to meet the needs of students in 
     various age groups or at various grade levels;
       ``(5) provision of an environmental education seminar, 
     teleconference, or workshop for environmental education 
     professionals or environmental education students, or 
     provision of a computer network for such professionals and 
     students;
       ``(6) provision of on-the-ground activities involving 
     students and teachers, such as--
       ``(A) riparian forest buffer restoration; and
       ``(B) volunteer water quality monitoring at schools;
       ``(7) provision of a Chesapeake Bay or stream outdoor 
     educational experience; or
       ``(8) development of distance learning or other courses or 
     workshops that are acceptable in all Bay Watershed States and 
     apply throughout the Chesapeake Bay watershed.
       ``(e) Required Elements of Program.--In carrying out the 
     Program, the Secretary shall--
       ``(1) solicit applications for projects;
       ``(2) select suitable projects from among the projects 
     proposed;
       ``(3) supervise projects;
       ``(4) evaluate the results of projects; and
       ``(5) disseminate information on the effectiveness and 
     feasibility of the practices, methods, and techniques 
     addressed by the projects.
       ``(f) Solicitation of Applications.--Not later than 90 days 
     after the date on which amounts are first made available to 
     carry out this part, and each year thereafter, the Secretary 
     shall publish a notice of solicitation for applications for 
     grants under the Program that specifies the information to be 
     included in each application.
       ``(g) Applications.--To be eligible to receive a grant 
     under the Program, an eligible institution shall submit an 
     application to the Secretary at such time, in such form, and 
     containing such information as the Secretary may require.
       ``(h) Priority in Selection of Projects.--In making grants 
     under the Program, the Secretary shall give priority to an 
     applicant that proposes a project that will develop--
       ``(1) a new or significantly improved environmental 
     education practice, method, or technique, in multiple 
     disciplines, or a program that assists appropriate entities 
     and individuals in meeting Federal or State academic 
     standards relating to environmental education;
       ``(2) an environmental education practice, method, or 
     technique that may have wide application; and
       ``(3) an environmental education practice, method, or 
     technique that addresses a skill or scientific field 
     identified as a priority by the Chesapeake Executive Council.
       ``(i) Maximum Amount of Grants.--Under the Program, the 
     maximum amount of a grant shall be $50,000.
       ``(j) Notification.--Not later than 3 days before making a 
     grant under this part, the Secretary shall provide 
     notification of the grant to the appropriate committees of 
     Congress.
       ``(k) Regulations.--Not later than 1 year after the date of 
     enactment of the Chesapeake Bay Environmental Education Pilot 
     Program Act, the Secretary shall promulgate regulations 
     concerning implementation of the Program.

[[Page S8956]]

     ``SEC. 4403. EVALUATION AND REPORT.

       ``(a) Evaluation.--Not later than December 31, 2009, the 
     Secretary shall enter into a contract with an entity that is 
     not the recipient of a grant under this part to conduct a 
     detailed evaluation of the Program. In conducting the 
     evaluation, the Secretary shall determine whether the quality 
     of content, delivery, and outcome of the Program warrant 
     continued support of the Program.
       ``(b) Report.--Not later than December 31, 2010, the 
     Secretary shall submit a report to the appropriate committees 
     of Congress containing the results of the evaluation.

     ``SEC. 4404. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There is authorized to be appropriated 
     to carry out this part $6,000,000 for each of fiscal years 
     2006 through 2009.
       ``(b) Administrative Expenses.--Of the amounts made 
     available under subsection (a) for each fiscal year, not more 
     than 10 percent may be used for administrative expenses.''.

                                S. 1493

       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 Watershed 
     Forestry Program Act of 2005''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) trees and forests are critical to the long-term health 
     and proper ecological functioning of the Chesapeake Bay and 
     the Chesapeake Bay watershed;
       (2) the Chesapeake Bay States are losing forest land to 
     urban and suburban growth at a rate of nearly 100 acres per 
     day;
       (3) the Forest Service has a vital role to play in 
     assisting States, local governments, and nonprofit 
     organizations in carrying out forest conservation, 
     restoration, and stewardship projects and activities; and
       (4) existing programs do not ensure the support necessary 
     to meet Chesapeake Bay forest goals.
       (b) Purposes.--The purposes of this Act are--
       (1) to expand and strengthen cooperative efforts to 
     protect, restore, and manage forests in the Chesapeake Bay 
     watershed; and
       (2) to contribute to the achievement of the goals of the 
     Chesapeake Bay Agreement.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Chesapeake bay agreement.--The term ``Chesapeake Bay 
     Agreement'' means the formal, voluntary agreements--
       (A) executed to achieve the goal of restoring and 
     protecting the Chesapeake Bay ecosystem and the living 
     resources of the Chesapeake Bay ecosystem; and
       (B) signed by the Council.
       (2) Chesapeake bay state.--The term ``Chesapeake Bay 
     State'' means each of the States of Delaware, Maryland, New 
     York, Pennsylvania, Virginia, and West Virginia and the 
     District of Columbia.
       (3) Coordinator.--The term ``Coordinator'' means the 
     Coordinator of the program designated under section 
     4(b)(1)(B).
       (4) Council.--The term ``Council'' means the Chesapeake Bay 
     Executive Council.
       (5) Program.--The term ``program'' means the Chesapeake Bay 
     watershed forestry program carried out under section 4(a).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service and the Coordinator.

     SEC. 4. CHESAPEAKE BAY WATERSHED FORESTRY PROGRAM.

       (a) In General.--The Secretary shall carry out a Chesapeake 
     Bay watershed forestry program under which the Secretary 
     shall make grants and provide technical assistance to 
     eligible entities to restore and conserve forests in the 
     Chesapeake Bay watershed, including grants and assistance--
       (1) to promote forest conservation, restoration, and 
     stewardship efforts in urban, suburban, and rural areas of 
     the Chesapeake Bay watershed;
       (2) to accelerate the restoration of riparian forest 
     buffers in the Chesapeake Bay watershed;
       (3) to assist in developing and carrying out projects and 
     partnerships in the Chesapeake Bay watershed;
       (4) to promote the protection and sustainable management of 
     forests in the Chesapeake Bay watershed;
       (5) to develop communication and education resources that 
     enhance public understanding of the value of forests in the 
     Chesapeake Bay watershed;
       (6) to conduct research, assessment, and planning 
     activities to restore and protect forest land in the 
     Chesapeake Bay watershed; and
       (7) to contribute to the achievement of the goals of the 
     Chesapeake Bay Agreement.
       (b) Office; Coordinator.--
       (1) In general.--The Secretary shall--
       (A) maintain an office within the Forest Service to carry 
     out the program; and
       (B) designate an employee of the Forest Service as 
     Coordinator of the program.
       (2) Duties.--As part of the program, the Coordinator, in 
     cooperation with the Secretary and the Chesapeake Bay 
     Program, shall--
       (A) provide grants and technical assistance to restore and 
     protect forests in the Chesapeake Bay watershed;
       (B) enter into partnerships to carry out forest restoration 
     and conservation activities at a watershed scale using the 
     resources and programs of the Forest Service;
       (C) in collaboration with other units of the Forest 
     Service, other Federal agencies, and State forestry agencies, 
     carry out activities that contribute to the goals of the 
     Chesapeake Bay Agreement;
       (D) work with units of the National Forest System in the 
     Chesapeake Bay watershed to ensure that the units are managed 
     in a manner that--
       (i) protects water quality; and
       (ii) sustains watershed health;
       (E) represent the Forest Service in deliberations of the 
     Chesapeake Bay Program; and
       (F) support and collaborate with the Forestry Work Group 
     for the Chesapeake Bay Program in planning and implementing 
     program activities.
       (c) Eligible Entities.--To be eligible to receive 
     assistance under the program, an entity shall be--
       (1) a Chesapeake Bay State;
       (2) a political subdivision of a Chesapeake Bay State;
       (3) a university or other institution of higher education;
       (4) an organization operating in the Chesapeake Bay 
     watershed 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; or
       (5) any other person in the Chesapeake Bay watershed that 
     the Secretary determines to be eligible.
       (d) Grants.--
       (1) In general.--The Secretary shall make grants to 
     eligible entities under the program to carry out projects to 
     protect, restore, and manage forests in the Chesapeake Bay 
     watershed.
       (2) Federal share.--The Federal share of a grant made under 
     the program shall not exceed 75 percent, as determined by the 
     Secretary.
       (3) Types of projects.--The Secretary may make a grant to 
     an eligible entity for a project in the Chesapeake Bay 
     watershed that--
       (A) improves habitat and water quality through the 
     establishment, protection, or stewardship of riparian or 
     wetland forests or stream corridors;
       (B) builds the capacity of State forestry agencies and 
     local organizations to implement forest conservation, 
     restoration, and stewardship actions;
       (C) develops and implements watershed management plans 
     that--
       (i) address forest conservation needs; and
       (ii) reduce urban and suburban runoff;
       (D) provides outreach and assistance to private landowners 
     and communities to restore or conserve forests in the 
     watershed;
       (E) implements communication, education, or technology 
     transfer programs that broaden public understanding of the 
     value of trees and forests in sustaining and restoring the 
     Chesapeake Bay watershed;
       (F) coordinates and implements community-based watershed 
     partnerships and initiatives that--
       (i) focus on--

       (I) the expansion of the urban tree canopy; and
       (II) the restoration or protection of forest land; or

       (ii) integrate the delivery of Forest Service programs for 
     restoring or protecting watersheds;
       (G) provides enhanced forest resource data to support 
     watershed management;
       (H) enhances upland forest health to reduce risks to 
     watershed function and water quality; or
       (I) conducts inventory assessment or monitoring activities 
     to measure environmental change associated with projects 
     carried out under the program.
       (4) Chesapeake bay watershed foresters.--Funds made 
     available under section 6 may be used by a Chesapeake Bay 
     State to employ a State watershed forester to work with the 
     Coordinator to carry out activities and watershed projects 
     relating to the program.
       (e) Study.--
       (1) In general.--The Secretary, in consultation with the 
     Council, shall conduct a study of urban and rural forests in 
     the Chesapeake Bay watershed, including--
       (A) an evaluation of the state, and threats to the 
     sustainability, of forests in the Chesapeake Bay watershed;
       (B) an assessment of forest loss and fragmentation in the 
     Chesapeake Bay watershed;
       (C) an identification of forest land within the Chesapeake 
     Bay watershed that should be restored or protected; and
       (D) recommendations for expanded and targeted actions or 
     programs needed to achieve the goals of the Chesapeake Bay 
     Agreement.
       (2) Report.--Not later than 1 year after amounts are first 
     made available under section 6, the Secretary shall submit to 
     the Committee on Agriculture of the House of Representatives 
     and the Committee on Agriculture, Nutrition, and Forestry of 
     the Senate a report that describes the results of the study.

     SEC. 5. WATERSHED FORESTRY RESEARCH PROGRAM.

       (a) In General.--The Secretary, in cooperation with the 
     Council, shall establish a watershed forestry research 
     program for the Chesapeake Bay watershed.
       (b) Administration.--In carrying out the watershed forestry 
     research program established under subsection (a), the 
     Secretary shall--

[[Page S8957]]

       (1) use a combination of applied research, modeling, 
     demonstration projects, implementation guidance, strategies 
     for adaptive management, training, and education to meet the 
     needs of the residents of the Chesapeake Bay States for 
     managing forests in urban, developing, and rural areas;
       (2) solicit input from local managers and Federal, State, 
     and private researchers, with respect to air and water 
     quality, social and economic implications, environmental 
     change, and other Chesapeake Bay watershed forestry issues in 
     urban and rural areas;
       (3) collaborate with the Chesapeake Bay Program Scientific 
     and Technical Advisory Committee and universities in the 
     Chesapeake Bay States to--
       (A) address issues in the Chesapeake Bay Agreement; and
       (B) support modeling and informational needs of the 
     Chesapeake Bay program; and
       (4) manage activities of the watershed forestry research 
     program in partnership with the Coordinator.
       (c) Watershed Forestry Research Strategy.--Not later than 1 
     year after the date of enactment of this Act, the Secretary, 
     in collaboration with the Northeastern Forest Research 
     Station and the Southern Forest Research Station, shall 
     submit to Congress a strategy for research to address 
     Chesapeake Bay watershed goals, including recommendations for 
     implementation and leadership of the program.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out the 
     program $3,500,000 for each of fiscal years 2006 through 
     2012, of which--
       (1) not more than $500,000 shall be used to conduct the 
     study required under section 4(e); and
       (2) not more than $1,000,000 for any fiscal year shall be 
     used to carry out the watershed forestry research program 
     under section 5.

     SEC. 7. REPORT.

       Not later than December 31, 2007, and annually thereafter, 
     the Secretary shall submit to Congress a comprehensive report 
     that describes the costs, accomplishments, and outcomes of 
     the activities carried out under the program.

                                S. 1494

       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 ``NOAA Chesapeake Bay 
     Watershed Monitoring, Education, Training, and Restoration 
     Act''.

     SEC. 2. CHESAPEAKE BAY OFFICE PROGRAMS.

       Section 307 of the National Oceanic and Atmospheric 
     Administration Authorization Act of 1992 (15 U.S.C. 1511d) is 
     amended--
       (1) by redesignating subsections (d) and (e), as 
     subsections (h) and (i), respectively; and
       (2) by inserting after subsection (c), the following new 
     subsections:
       ``(d) Chesapeake Bay Integrated Observing System.--
       ``(1) Establishment.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the NOAA Chesapeake Bay Watershed Monitoring, 
     Education, Training, and Restoration Act, the Director shall 
     collaborate with scientific and academic institutions, 
     Federal agencies, State and nongovernmental organizations, 
     and other constituents located in the Chesapeake Bay 
     watershed to establish a Chesapeake Bay Integrated Observing 
     System (in this section referred to as the `System').
       ``(B) Purpose.--The purpose of the System is to provide 
     information needed to restore the health of the Chesapeake 
     Bay, on such topics as land use, environmental quality of the 
     Bay and its shoreline, coastal erosion, ecosystem health and 
     performance, aquatic living resources and habitat conditions, 
     and weather, tides, currents, and circulation.
       ``(C) Elements of system.--The System shall coordinate 
     existing monitoring and observing activities in the 
     Chesapeake Bay watershed, identify new data collection needs, 
     and deploy new technologies to provide a complete set of 
     environmental information for the Chesapeake Bay, including 
     the following activities:
       ``(i) Collecting and analyzing the scientific information 
     related to the Chesapeake Bay that is necessary for the 
     management of living marine resources and the marine habitat 
     associated with such resources.
       ``(ii) Managing and interpreting the information described 
     in clause (i).
       ``(iii) Organizing the information described in clause (i) 
     into products that are useful to policy makers, resource 
     managers, scientists, and the public.
       ``(iv) Developing or supporting the development of an 
     Internet-based information system for integrating, 
     interpreting, and disseminating coastal information, 
     products, and forecasts concerning the Chesapeake Bay 
     watershed related to--

       ``(I) climate;
       ``(II) land use;
       ``(III) coastal pollution and environmental quality;
       ``(IV) coastal hazards;
       ``(V) ecosystem health and performance;
       ``(VI) aquatic living resources and habitat conditions and 
     management;
       ``(VII) economic and recreational uses; and
       ``(VIII) weather, tides, currents, and circulation that 
     affect the distribution of sediments, nutrients, organisms, 
     coastline erosion, and related physical and chemical events 
     and processes.

       ``(D) Agreements to provide data, information, and 
     support.--The Director may enter into agreements with other 
     entities of the National Oceanic and Atmospheric 
     Administration, other Federal, State, or local government 
     agencies, academic institutions, or organizations described 
     in subsection (e)(2)(A)(i) to provide and interpret data and 
     information, and may provide appropriate support to such 
     agencies, institutions, or organizations to fulfill the 
     purposes of the System.
       ``(E) Agreements relating to information products.--The 
     Director may enter into grants, contracts, and interagency 
     agreements with eligible entities for the collection, 
     processing, analysis, and interpretation of data and 
     information and for electronic publication of information 
     products.
       ``(e) Chesapeake Bay Watershed Education and Training 
     Program.--
       ``(1) Establishment.--
       ``(A) In general.--The Director, in cooperation with the 
     Chesapeake Executive Council, shall establish a Chesapeake 
     Bay watershed education and training program.
       ``(B) Purposes.--The program established under subparagraph 
     (A) shall continue and expand the Chesapeake Bay watershed 
     education programs offered by the Chesapeake Bay Office for 
     the purposes of--
       ``(i) improving the understanding of elementary and 
     secondary school students and teachers of the living 
     resources of the ecosystem of the Chesapeake Bay;
       ``(ii) providing community education to improve watershed 
     protection; and
       ``(iii) meeting the educational goals of the Chesapeake 
     2000 agreement.
       ``(2) Grant program.--
       ``(A) Authorization.--The Director is authorized to award 
     grants to pay the Federal share of the cost of a project 
     described in subparagraph (C) to--
       ``(i) a nongovernmental organization in the Chesapeake Bay 
     watershed 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;
       ``(ii) a consortium of institutions described in clause 
     (i);
       ``(iii) an elementary or secondary school located within 
     the Chesapeake Bay watershed;
       ``(iv) a teacher at a school described in clause (iii); or
       ``(v) a department of education of a State if any part of 
     such State is within the Chesapeake Bay watershed.
       ``(B) Criteria.--The Director shall consider, in awarding 
     grants under this subsection, the experience of the applicant 
     in providing environmental education and training projects 
     regarding the Chesapeake Bay watershed to a range of 
     participants and in a range of settings.
       ``(C) Functions and activities.--Grants awarded under this 
     subsection may be used to support education and training 
     projects that--
       ``(i) provide classroom education, including the use of 
     distance learning technologies, on the issues, science, and 
     problems of the living resources of the Chesapeake Bay 
     watershed;
       ``(ii) provide meaningful outdoor experience on the 
     Chesapeake Bay, or on a stream or in a local watershed of the 
     Chesapeake Bay, in the design and implementation of field 
     studies, monitoring and assessments, or restoration 
     techniques for living resources;
       ``(iii) provide professional development for teachers 
     related to the science of 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) develop or disseminate projects designed to--

       ``(I) enhance understanding and assessment of a specific 
     environmental problem in the Chesapeake Bay watershed or of a 
     goal of the Chesapeake Bay Program;
       ``(II) protect or restore living resources of the 
     Chesapeake Bay watershed; or
       ``(III) educate local land use officials and decision 
     makers on the relationship of land use to natural resource 
     and watershed protection.

       ``(D) Federal share.--The Federal share of the cost of a 
     project funded with a grant awarded under this subsection 
     shall not exceed 75 percent of the total cost of that 
     project.
       ``(f) Stock Enhancement and Habitat Restoration Program.--
       ``(1) Establishment.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the NOAA Chesapeake Bay Watershed Monitoring, 
     Education, Training, and Restoration Act, the Director, in 
     cooperation with the Chesapeake Executive Council, shall 
     establish a Chesapeake Bay watershed stock enhancement and 
     habitat restoration program.
       ``(B) Purpose.--The purpose of the program established in 
     subparagraph (A) is to support the restoration of oysters and 
     submerged aquatic vegetation in the Chesapeake Bay.
       ``(2) Activities.--To carry out the purpose of the program 
     established under paragraph (1)(A), the Director is 
     authorized to enter into grants, contracts, and cooperative 
     agreements with an eligible entity to support--
       ``(A) the establishment of oyster hatcheries;

[[Page S8958]]

       ``(B) the establishment of submerged aquatic vegetation 
     propagation programs; and
       ``(C) other activities that the Director determines are 
     appropriate to carry out the purposes of such program.
       ``(g) Chesapeake Bay Aquaculture Education.--The Director 
     is authorized to make grants and enter into contracts with an 
     institution of higher education, including a community 
     college, for the purpose of--
       ``(1) supporting education in Chesapeake Bay aquaculture 
     sciences and technologies; and
       ``(2) developing aquaculture processes and technologies to 
     improve production, efficiency, and sustainability of 
     disease-free oyster spat and submerged aquatic vegetation.''.

     SEC. 3. REPORT.

       Section 307(b)(7) of the National Oceanic and Atmospheric 
     Administration Authorization Act of 1992 (15 U.S.C. 
     1511d(b)(7)), is amended to read as follows:
       ``(7) submit a biennial report to the Congress and the 
     Secretary of Commerce with respect to the activities of the 
     Office, including--
       ``(A) a description of the progress made in protecting and 
     restoring the living resources and habitat of the Chesapeake 
     Bay;
       ``(B) a description of each grant awarded under this 
     section since the submission of the most recent biennial 
     report, including the amount of such grant and the activities 
     funded with such grant; and
       ``(C) an action plan consisting of--
       ``(i) a list of recommended research, monitoring, and data 
     collection activities necessary to continue implementation of 
     the strategy described in paragraph (2); and
       ``(ii) proposals for--

       ``(I) continuing any new National Oceanic and Atmospheric 
     Administration activities in the Chesapeake Bay; and
       ``(II) 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.''.

     SEC. 4. DEFINITIONS.

       Subsection (h) of section 307 of the National Oceanic and 
     Atmospheric Administration Authorization Act of 1992 (15 
     U.S.C. 1511d), as redesignated by section 2(1), is amended to 
     read as follows:
       ``(h) Definitions.--In this section:
       ``(1) 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.
       ``(2) Chesapeake 2000 agreement.--The term `Chesapeake 2000 
     agreement' means the agreement between the United States, 
     Maryland, Pennsylvania, Virginia, the District of Columbia, 
     and the Chesapeake Bay Commission entered into on June 28, 
     2000.
       ``(3) Eligible entity.--Except as provided in subsection 
     (c), the term `eligible entity' means--
       ``(A) the government of a State in the Chesapeake Bay 
     watershed or the government of the District of Columbia;
       ``(B) the government of a political subdivision of a State 
     in the Chesapeake Bay watershed, or a political subdivision 
     of the government of the District of Columbia;
       ``(C) an institution of higher education, including a 
     community college;
       ``(D) a nongovernmental organization in the Chesapeake Bay 
     watershed 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; or
       ``(E) a private entity that the Director determines to be 
     appropriate.''.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       Subsection (i) of section 307 of the National Oceanic and 
     Atmospheric Administration Authorization Act of 1992 (15 
     U.S.C. 1511d), as redesignated by section 2(1), is amended to 
     read as follows:
       ``(i) Authorization of Appropriations.--
       ``(1) FY 2002 through 2005.--There are authorized to be 
     appropriated to the Department of Commerce for the Chesapeake 
     Bay Office $6,000,000 for each of the fiscal years 2002 
     through 2005.
       ``(2) FY 2006 through 2010.--There are authorized to be 
     appropriated to the Department of Commerce for the Chesapeake 
     Bay Office $26,000,000 for each of the fiscal years 2006 
     through 2010. Of the amount appropriated pursuant to such 
     authorization of appropriations--
       ``(A) for each of the fiscal years 2006 through 2010, 
     $1,000,000 is authorized to be made available to carry out 
     the provisions of subsection (d);
       ``(B) for each of the fiscal years 2006 through 2010, 
     $6,000,000 is authorized to be made available to carry out 
     the provisions of subsection (e);
       ``(C) for each of the fiscal years 2006 through 2010, 
     $10,000,000 is authorized to be made available to carry out 
     the provisions of subsection (f);
       ``(D) for each of the fiscal years 2006 through 2010, 
     $1,000,000 to carry out the provisions of subsection (g).''.
                                  ____



                                    Chesapeake Bay Foundation,

                                                    June 28, 2005.
     Senator Paul S. Sarbanes,
     U.S. Senate,
     Washington, DC.
       Dear Senator Sarbanes: The Chesapeake Bay Foundation (CBF) 
     wishes to submit this letter in support of the package of 
     proposed legislation that you have prepared to further the 
     ongoing efforts to restore the Chesapeake Bay and the 
     tributaries that feed it. We believe that the series of 
     legislative proposals you are submitting, in conjunction with 
     the infusion of new and critical federal funding support, are 
     key elements of reinvigorating the Bay restoration effort.
       The bills we have reviewed and support are the following:
       The Chesapeake Bay Watershed Nutrient Removal Assistance 
     Act. A bill to amend the Federal Water Pollution Control Act 
     to provide assistance for nutrient removal technologies to 
     States in the Chesapeake Bay watershed.
       Nitrogen and phosphorus pollution are the two largest 
     problems threatening the water quality of the Chesapeake Bay 
     and its rivers and streams. Consequently, in the Chesapeake 
     2000 Agreement (C2K), the Bay states committed to reduce 
     nutrient pollution (nitrogen and phosphorus pollution) by 
     millions of pounds each year. One of the most effective tools 
     in reducing this pollution is upgrading sewage treatment 
     plants with modern, nutrient pollution removal technologies. 
     Pennsylvania, Maryland and Virginia have all provided new and 
     additional funding to assist in the implementation of these 
     technologies; however, proposed cuts to existing federal 
     funds designated for wastewater treatment upgrades 
     jeopardizes the success of these state initiatives.
       The federal government must make a greater commitment to 
     funding. Grant funding, as proposed in this bill, to assist 
     in the design, construction, and operation of these 
     technologies is a critical part of successfully achieving the 
     C2K pollution reduction goals and restoring the Bay.
       The Chesapeake Bay Program Reauthorization and 
     Environmental Accountability Act of 2005. A bill to amend the 
     Federal Water Pollution Control Act to require environmental 
     accountability and reporting and to reauthorize the 
     Chesapeake Bay Program.
       There has been much criticism and questioning in recent 
     years about the implementation of the multijurisdictional 
     Chesapeake Bay Program. There is no doubt that the members of 
     the Program, from state partners to the federal Environmental 
     Protection Agency (EPA), have not moved forward as 
     aggressively as the resource demands, failing to meet 
     deadlines for water quality improvement actions that the 
     signatories themselves established in C2K. In contrast, the 
     Program has provided essential technical data and the 
     underlying science critical to our understanding of the 
     problems facing the Bay and the watershed rivers and streams. 
     The Chesapeake Bay Program Reauthorization and Environmental 
     Accountability Act of 2005 places a clear mandate on EPA to 
     develop and implement a plan for achieving the nutrient 
     pollution reduction goals of C2K and measure progress through 
     actual water quality improvements. The legislation also 
     requires Bay watershed states to report annually on their 
     progress implementing the plan. Finally, the legislation 
     provides for a much needed assessment by the Office of 
     Management and Budget on the potential benefits of federal 
     monies dedicated to the restoration effort combining into a 
     single fund. This assessment complements the current 
     financing authority efforts of the C2K signatories, an effort 
     looking to develop a vehicle to not only better leverage 
     state and federal monies, but also obtain additional funds. 
     Absent a substantial increase in investment in the Bay, 
     restoration efforts are likely to fail.
       The Chesapeake Bay Environmental Education Pilot Program 
     Act: A bill to amend the Elementary and Secondary Education 
     Act of 1965 to establish a pilot program to make grants to 
     eligible institutions to develop, demonstrate, or disseminate 
     information on practices, methods, or techniques relating to 
     environmental education and training in the Chesapeake Bay 
     watershed.
       We cannot expect the next generation to be responsible 
     stewards of the Bay and the rivers and streams that 
     crisscross its watershed unless we invest in education. We 
     must provide our youth with the knowledge and tools that 
     enable them to choose to be stewards of our natural 
     resources. C2K recognized this need and set a goal of 
     providing every student in the Bay watershed a meaningful 
     field experience before he or she graduates from high school. 
     One single experience alone with the Bay or a river or 
     stream, however, is not adequate to educate students on 
     environmental issues and instill in them a sense of 
     stewardship. The Chesapeake Bay Environmental Education Pilot 
     Program Act will help to accomplish this goal by providing 
     much needed funding for designing and implementing 
     environmental curricula, participation in on-the-ground 
     restoration projects, interactive opportunities with among 
     students, and outdoor educational experiences. These tools 
     and others are key to increasing public environmental 
     awareness and developing educated and responsible stewards of 
     the Bay.
       The NOAA Chesapeake Bay Watershed Monitoring, Education, 
     Training and Restoration Act. A bill to establish programs to 
     enhance protection of the Chesapeake Bay, and for other 
     purposes.
       This legislation proposes a series of important initiatives 
     from the integration of data

[[Page S8959]]

     to the establishment of an oyster and submerged aquatic 
     vegetation restoration program. In addition, a critical 
     element is the establishment of the watershed education and 
     training program, which complements the initiatives contained 
     in the Chesapeake Bay Environmental Education Pilot Program 
     Act.
       The Chesapeake Bay Watershed Forestry Program Act of 2005. 
     A bill to require the Secretary of Agriculture to establish a 
     program to expand and strengthen cooperative efforts to 
     restore and protect forests in the Chesapeake Bay watershed, 
     and for other purposes.
       Forests provide habitat for wildlife, filter polluted 
     runoff, and help moderate stream water temperature. Because 
     of their importance in improving water quality, the Bay 
     states have committed to restoring thousands of acres of 
     forested buffers in the watershed. In addition, they are one 
     of the most cost-effective ways to reduce nitrogen and 
     phosphorus pollutions. Yet, the Chesapeake Bay watershed is 
     continuing to lose forests, in both urban and rural areas, at 
     alarming rates. Preservation and restoration of forests and 
     forest buffers, as encouraged by this legislation, are 
     critical elements in Bay restoration efforts.
       This package of legislative initiatives will do much to 
     strengthen and reinvigorate our efforts to Save the Bay. CBF 
     is grateful to you, Senator, for your constant and unwavering 
     commitment to the restoration of waters of the Bay watershed 
     and for your long and distinguished leadership on these 
     issues.
       If CBF can provide you with any additional assistance with 
     the important initiatives evidenced by these bills, please 
     let me know.
       With sincere appreciation for all you have done for the 
     Bay, I am,
           Very truly yours,

                                              Roy A. Hoagland,

                                     Vice President, Environmental
     Protection & Restoration.
                                  ____



                                    Chesapeake Bay Commission,

                                                     July 5, 2005.
     Hon. Paul Sarbanes,
     Senate Office Building,
     Washington, DC.
       Dear Senator Sarbanes: Federal funding has played a crucial 
     role in supporting the Chesapeake Bay restoration. Thanks in 
     large part to your efforts, federal funds have supported 
     nearly one-fifth of the pojects currently underway and served 
     as a catalyst for countless more.
       In October 2004, the Chesapeake Bay Watershed Blue Ribbon 
     Finance Panel issued a report that underscored the enormous 
     challenge facing the Chesapeake and concluded, `` . . . 
     restoring the Chesapeake Bay will require a large-scale 
     national and regional approach, capitalized by federal and 
     state governments and directed according to a watershed-wide 
     strategy.'' The report called for a $15 billion federal and 
     state investment over the next four years to restore the Bay. 
     While $15 billion is an enormous sum, failure to take action 
     and to make the investments needed to restore the health of 
     our nation's largest and most productive estuary will be even 
     more costly. A commitment of this size will require the 
     substantial involvement of all partners, including the 
     federal, state, and local governments and the private sector.
       With this financial need firmly in focus, we are writing to 
     convey our tri-state Commission's strong support for your 
     Chesapeake Bay legislative package. Together, these five 
     bills promote the kinds of enhanced funding and technical 
     assistance that are needed to meet the goals of the, 
     Chesapeake 2000 agreement (C2K) and restore the Bay. We hope 
     that the 109th Congress will join us in our support of:
       1. The Chesapeake Bay Program Reauthorization and 
     Environmental Accountability Act.
       2. The Chesapeake Bay Watershed Nutrient Removal Assistance 
     Act
       3. The Chesapeake Bay Environmental Education Pilot Program 
     Act
       4. The Chesapeake Bay Watershed Forestry Act
       5. The NOAA Chesapeake Bay Watershed Monitoring, Education, 
     Training, and Restoration Act
       The Chesapeake Bay Watershed Nutrient Removal Assistance 
     Act is of particular interest to this Commission. As a 
     signatory to C2K, we have committed to reducing the Bay's 
     nitrogen loads by 110 million pounds. Meeting this goal will 
     restore the Bay waters to conditions that are clean, clear, 
     and productive. Last December, the Commission issued a report 
     entitled ``Cost-Effective Strategies for the Bay''; of the 
     six most cost-effective strategies listed in that report, 
     upgrading wastewater treatment plants is Number One. The Act 
     provides grants to upgrade the major wastewater treatment 
     plants in the Bay's six-state watershed with modern 
     nutrient removal technologies. It will allow the region to 
     demonstrate that state-of-the-art nutrient removal is 
     possible on a large scale. It will result in the removal 
     of as much as 30 million pounds of nitrogen each year, or 
     30 percent of the reduction that is needed. Furthermore, 
     the benefits from upgrading sewage treatment plants have 
     an immediate result on the Bay's water quality, unlike 
     other methods that primarily affect nutrients in ground 
     water and may take years to produce results in the Bay. 
     Only the Federal government is in the position to trigger 
     such remarkable reductions. It is an opportunity that must 
     not be ignored.
       Reauthorizing the Environmental Protection Agency's 
     Chesapeake Bay Program is critical to the success of efforts 
     to restore the Bay. This program provides support and 
     coordination for Federal, state, and local efforts developing 
     strategies and actions plans, assessing progress throughout 
     the watershed, implementing projects to protect the Bay and 
     its living resources, and communicating with the public.
       The Chesapeake Bay Watershed Forestry Act will help to 
     control pollution by establishing forests and riparian 
     buffers that can filter and absorb sediment and nutrient 
     runoff while providing valuable habitat for animals and birds 
     and food and shelter for fish. Enhanced support for the Bay 
     Program of the Forest Service will ramp up its ability to 
     provide interstate coordination, technical assistance, and 
     forest assessment and planning services that are otherwise 
     limited or unavailable in our region.
       Finally, let us emphasize the important support for 
     education that this package provides. Sustaining our hard-won 
     progress in the restoration of the Bay will ultimately rest 
     in the hands of citizens and communities throughout the 
     watershed. Expanding environmental education and training 
     opportunities for a variety of ages, from kindergarten to 
     adult community education and outreach, will lead to a 
     healthier Bay and to a more educated and informed citizenry, 
     yet these kinds of activities are woefully underfunded. The 
     monies provided by the Chesapeake Bay Environmental Education 
     Pilot Program Act and the NOAA Chesapeake Bay Watershed 
     Monitoring, Education, Training, and Restoration Act will 
     substantially improve our ability to keep our commitments on 
     track and reach the C2K goals.
       The federal government has been a strong partner in efforts 
     to restore the Bay, and your five-bill package maintains and 
     enhances the federal commitment to the Bay. The Commission 
     commends your dedication now and over the past two decades to 
     the health of the Chesapeake Bay. Please instruct us as to 
     how we can further support these measures.
           Sincerely,
                                               Senator Mike Waugh,
                                                         Chairman.
                                 ______