[Congressional Record Volume 155, Number 138 (Tuesday, September 29, 2009)]
[House]
[Pages H10009-H10012]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  CHESAPEAKE BAY SCIENCE, EDUCATION, AND ECOSYSTEM ENHANCEMENT ACT OF 
                                  2009

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1771) to reauthorize the Chesapeake Bay Office of the 
National Oceanic and Atmospheric Administration, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1771

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Chesapeake Bay Science, 
     Education, and Ecosystem Enhancement Act of 2009''.

     SEC. 2. REAUTHORIZATION OF NOAA CHESAPEAKE BAY OFFICE.

       Section 307 of the National Oceanic and Atmospheric 
     Administration Authorization Act of 1992 (15 U.S.C. 1511d) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1) by striking ``(in this section'' and 
     all that follows and inserting a period;
       (B) by amending paragraph (2) to read as follows:
       ``(2) The Office shall be headed by a Director, who--
       ``(A) shall have knowledge and experience in research or 
     resource management efforts in the Chesapeake Bay; and
       ``(B) shall be responsible for the administration and 
     operation of the office and the implementation of this 
     Act.''; and
       (C) by striking paragraph (3);
       (2) in subsection (b)--
       (A) by striking so much as precedes paragraph (1) and 
     inserting the following:
       ``(b) Purpose.--The purpose of this section is to focus the 
     relevant science, research, and resource management 
     capabilities of the National Oceanic and Atmospheric 
     Administration as they apply to the Chesapeake Bay and to 
     utilize the Office to--'';
       (B) in paragraph (2), by striking ``Secretary of Commerce'' 
     and inserting ``Administrator'';
       (C) in paragraph (3)--
       (i) by striking the matter preceding subparagraph (A) and 
     inserting the following:
       ``(3) coordinate the programs and activities of the various 
     organizations within the National Oceanic and Atmospheric 
     Administration in furtherance of such administration's 
     coastal resource stewardship mission, including--'';
       (ii) in subparagraph (A), by striking ``and'' after the 
     semicolon at the end of clause (vi), and by inserting after 
     clause (vii) the following:
       ``(viii) coastal hazards and climate change; and''; and
       (iii) in subparagraph (B), by striking ``and'' after the 
     semicolon at the end of clause (iii), by inserting ``and'' 
     after the semicolon at the end of clause (iv), and by adding 
     at the end the following:
       ``(v) integrated ecosystem assessments;'';
       (D) in paragraph (4)--
       (i) by striking ``Environmental Protection Agency'' and 
     inserting ``Chesapeake Executive Council''; and
       (ii) by inserting before the semicolon at the end the 
     following: ``as appropriate to further purposes of this 
     section'';
       (E) by striking paragraphs (5) and (7);
       (F) by redesignating paragraph (6) as paragraph (5); and
       (G) by adding at the end the following:
       ``(6) perform any functions necessary to support the 
     programs referred to in paragraph (3).''; and
       (3) by striking subsection (c) and all that follows through 
     the end of the section and inserting the following:
       ``(c) Program Activities.--
       ``(1) In general.--The Administrator, through the Director, 
     shall implement the program activities authorized by this 
     subsection to support the activity of the Chesapeake 
     Executive Council and to further the purposes of this 
     section.
       ``(2) Ensuring scientific and technical merit.--The 
     Director shall--
       ``(A) establish and utilize an effective and transparent 
     mechanism to ensure that projects funded under this section 
     have undergone appropriate peer review; and
       ``(B) provide other appropriate means to determine that 
     such projects have acceptable scientific and technical merit 
     for the purpose of achieving maximum utilization of available 
     funds and resources to benefit the Chesapeake Bay area.
       ``(3) Consultation with chesapeake executive council.--The 
     Director shall, in the implementation of the program 
     activities authorized under this section, consult with the 
     Chesapeake Executive Council, to ensure that the activities 
     of the Office are consistent with the purposes and priorities 
     of the Chesapeake Bay Agreement and plans developed pursuant 
     to the Agreement.
       ``(4) Integrated coastal observations.--
       ``(A) In general.--The Administrator, through the Director, 
     may collaborate with scientific and academic institutions, 
     State and Federal agencies, non-governmental organizations, 
     and other constituents in the Chesapeake Bay watershed, to 
     support an integrated observations system for the Chesapeake 
     Bay consistent with the purposes of subtitle C of title XII 
     of Public Law 111-11 (33 U.S.C. 3601 et seq.).
       ``(B) Specific requirements.--To support the system 
     referred to in subparagraph (A) and provide a complete set of 
     environmental information for the Chesapeake Bay, the 
     Director shall--
       ``(i) coordinate existing monitoring and observing 
     activities in the Chesapeake Bay;
       ``(ii) identify new data collection needs and deploy new 
     technologies, as appropriate;
       ``(iii) collect and analyze the scientific information 
     necessary for the management of living marine resources and 
     the marine habitat associated with such resources;
       ``(iv) manage and interpret the information described in 
     clause (iii); and
       ``(v) organize the information described in clause (iii) 
     into products that are useful to policy makers, resource 
     managers, scientists, and the public.
       ``(C) Chesapeake bay interpretive buoy system.--To further 
     the development and implementation of the Chesapeake Bay 
     Interpretive Buoy System, the Director may--
       ``(i) support the establishment and implementation of the 
     Captain John Smith Chesapeake National Historic Trail;
       ``(ii) delineate key waypoints along the trail and provide 
     appropriate real-time data and information for trail users;
       ``(iii) interpret data and information for use by educators 
     and students to inspire stewardship of Chesapeake Bay; and

[[Page H10010]]

       ``(iv) incorporate the Chesapeake Bay Interpretive Buoy 
     System into the Integrated Ocean Observing System regional 
     network of observatories.
       ``(5) Chesapeake bay watershed education and training 
     program.--
       ``(A) In general.--The Administrator, through the Director, 
     may establish a Chesapeake Bay watershed education and 
     training program. The program shall--
       ``(i) continue and expand the Chesapeake Bay watershed 
     education programs offered by the Office immediately before 
     the enactment of the Chesapeake Bay Science, Education, and 
     Ecosystem Enhancement Act of 2009;
       ``(ii) improve the understanding of elementary and 
     secondary school students and teachers of the living 
     resources of the ecosystem of the Chesapeake Bay;
       ``(iii) provide community education to improve watershed 
     protection; and
       ``(iv) meet the educational goals of the Chesapeake 2000 
     Agreement.
       ``(B) Grant program.--The Director may award grants for the 
     purposes of this paragraph. Grants awarded under this 
     subparagraph may be used to support education and training 
     projects that enhance understanding and assessment of a 
     specific environmental problem in the Chesapeake Bay 
     watershed or a goal of the Chesapeake Bay Program, or protect 
     or restore living resources of the Chesapeake Bay watershed, 
     including projects that--
       ``(i) provide classroom education, including the 
     development and use of distance learning and other innovative 
     technologies, related to the Chesapeake Bay watershed;
       ``(ii) provide watershed educational experiences in the 
     Chesapeake Bay watershed;
       ``(iii) provide professional development for teachers 
     related to the Chesapeake Bay watershed and the dissemination 
     of pertinent education materials oriented to varying grade 
     levels;
       ``(iv) demonstrate or disseminate environmental educational 
     tools and materials related to the Chesapeake Bay watershed;
       ``(v) demonstrate field methods, practices, and techniques 
     including assessment of environmental and ecological 
     conditions and analysis of environmental problems;
       ``(vi) build the capacity of organizations to deliver high 
     quality environmental education programs; and
       ``(vii) educate local land use officials and decision 
     makers on the relationship of land use to natural resource 
     and watershed protection.
       ``(C) Collaboration.--The Director shall implement the 
     education and training program in collaboration with the 
     heads of other relevant Federal agencies.
       ``(6) Coastal and living resources management and habitat 
     program.--
       ``(A) In general.--The Administrator, through the Director, 
     may establish a Chesapeake Bay coastal living resources 
     management and habitat program to support coordinated 
     management, protection, characterization, and restoration of 
     priority Chesapeake Bay habitats and living resources, 
     including oysters, blue crabs, and submerged aquatic 
     vegetation.
       ``(B) Activities.--Under the program, the Director may, 
     subject to the availability of appropriations, carry out or 
     enter into grants, contracts, and cooperative agreements and 
     provide technical assistance to support--
       ``(i) native oyster restoration;
       ``(ii) fish and shellfish aquaculture that is carried out 
     in accordance with a valid Federal or State permit;
       ``(iii) establishment of submerged aquatic vegetation 
     propagation programs;
       ``(iv) the development of programs that protect and restore 
     critical coastal habitats;
       ``(v) habitat mapping, characterization, and assessment 
     techniques necessary to identify, assess, and monitor 
     restoration actions;
       ``(vi) application and transfer of applied scientific 
     research and ecosystem management tools to fisheries and 
     habitat managers;
       ``(vii) collection, synthesis, and sharing of information 
     to inform and influence coastal and living resource 
     management issues; and
       ``(viii) other activities that the Director determines are 
     appropriate to carry out the purposes of such program.
       ``(d) Reports.--
       ``(1) In general.--The Administrator, through the Director, 
     shall submit a biennial report to the Congress and the 
     Secretary of Commerce on the activities of the Office and on 
     progress made in protecting and restoring the living 
     resources and habitat of the Chesapeake Bay.
       ``(2) Action plan.--Each such report shall include an 
     action plan for the 2-year period following submission of the 
     report, consisting of--
       ``(A) a list of recommended research, monitoring, and data 
     collection activities necessary to continue implementation of 
     the strategy under subsection (b)(2); and
       ``(B) recommendations to integrate National Oceanic and 
     Atmospheric Administration activities with the activities of 
     the partners in the Chesapeake Bay Program to meet the 
     commitments of the Chesapeake 2000 agreement and subsequent 
     agreements.
       ``(e) Agreements.--
       ``(1) In general.--The Administrator, through the Director, 
     may, subject to the availability of appropriations, enter 
     into and perform such contracts, leases, grants, or 
     cooperative agreements as may be necessary to carry out the 
     purposes of this Act.
       ``(2) Use of other resources.--For purposes related to the 
     understanding, protection, and restoration of Chesapeake Bay, 
     the Director may use, with their consent and with or without 
     reimbursement, the land, services, equipment, personnel, and 
     facilities of any Department, agency, or instrumentality of 
     the United States, or of any State, local government, Indian 
     tribal government, or of any political subdivision thereof.
       ``(3) Donations.--The Director may accept donations of 
     funds, other property, and services for use in understanding, 
     protecting, and restoring the Chesapeake Bay. Donations 
     accepted under this section shall be considered as a gift or 
     bequest to or for the use of the United States.
       ``(f) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       ``(2) Chesapeake bay agreement.--The term `Chesapeake Bay 
     Agreement' means the formal, voluntary agreements executed to 
     achieve the goal of restoring and protecting the Chesapeake 
     Bay ecosystem and the living resources of the Chesapeake Bay 
     ecosystem and are signed by the Chesapeake Executive Council.
       ``(3) Chesapeake executive council.--The term `Chesapeake 
     Executive Council' means the representatives from the 
     Commonwealth of Virginia, the State of Maryland, the 
     Commonwealth of Pennsylvania, the Environmental Protection 
     Agency, the District of Columbia, and the Chesapeake Bay 
     Commission, who are signatories to the Chesapeake Bay 
     Agreement, and any future signatories to that agreement.
       ``(4) Director.--The term `Director' means the Director of 
     the Office.
       ``(5) Office.--The term `Office' means the Chesapeake Bay 
     Office established under this section.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this 
     section--
       ``(1) $17,000,000 for fiscal year 2011;
       ``(2) $18,700,000 for fiscal year 2012;
       ``(3) $20,570,000 for fiscal year 2013; and
       ``(4) $22,627,000 for fiscal year 2014.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from Virginia (Mr. Wittman) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Mr. Speaker, the Chesapeake Bay Office of the National 
Oceanic and Atmospheric Administration has taken bold steps to meet the 
bay's emerging challenges with ecosystem-based science, new coastal 
management techniques, and an effective environmental literacy program. 
However, these new priorities are not reflected in the office's 
existing authorizing statute.
  The pending measure, introduced by Mr. Sarbanes of Maryland, would 
realign the office and improve its ability to support ecosystem-based 
management, research science and education, all of which are very 
essential in our efforts to restore the Chesapeake Bay.
  I ask Members on both sides to support passage of this legislation.
  I reserve the balance of my time.
  Mr. WITTMAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, today I rise in support of H.R. 1771, the Chesapeake Bay 
Science, Education, and Ecosystem Enhancement Act of 2009, which will 
authorize a number of programs within the Chesapeake Bay program. I am 
a cosponsor of H.R. 1771 and strongly support the efforts of my friend, 
Mr. Sarbanes from Maryland. He has been a true leader on bay issues in 
this effort to improve and extend popular programs in the Chesapeake 
Bay watershed, which is a tremendous advancement in the effort to 
preserve the bay.
  For example, the bill supports efforts to move forward with the 
Captain John Smith Chesapeake National Historic Trail. This, the 
Nation's first all-water historic trail, traces John Smith's 17th-
century voyages of discovery in the bay from Jamestown in my district.
  The bill also furthers efforts to extend NOAA's smart buoy system 
that provides real-world weather data and historical interpretation of 
points of interest along the Captain John Smith Trail. My district 
includes two of these high-tech buoys. One buoy is located just 
offshore from the site of the first permanent English settlement in the 
New World at Jamestown. The second buoy is located off Sting Ray Point 
in the Rappahannock River. This marks the site where Captain John Smith 
nearly died from the toxic sting of a sting ray.
  Mr. Speaker, these programs highlight the historical and recreational 
significance of the bay and are extraordinarily important to many of 
our constituents here in the bay watershed. And, again, I would like to 
thank Mr. Sarbanes for his leadership on bay

[[Page H10011]]

issues and thank him for all of his efforts to preserve the bay.
  I reserve the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I yield to the gentleman from Maryland 
(Mr. Sarbanes), the author of this legislation, such time as he may 
consume.
  Mr. SARBANES. Mr. Speaker, I want to thank Chairperson Bordallo for 
yielding her time.
  I strongly urge, as one would imagine as the original sponsor of this 
bill, that the Chesapeake Bay Science, Education, and Ecosystem 
Enhancement Act of 2009 be adopted by the Chamber.
  I want to thank Congressman Wittman for his cosponsorship of this 
bill. Congressmen Kratovil and Connolly as well have been strong 
supporters of it. But I do want to emphasize Congressman Wittman's 
commitment to the Chesapeake Bay. He and I have gotten in the habit of, 
we sort of have a mutual admiration society going here in terms of our 
commitment to the bay. I think it demonstrates how the health of the 
Chesapeake Bay and its protection and preservation going forward is 
really a bipartisan concern. We hope to continue to work together with 
each other and with other Members in this Chamber to make sure that the 
Chesapeake Bay is preserved.
  Now, the NOAA Chesapeake Bay office that this would reauthorize 
provides very important and vital scientific research and data, habitat 
restoration and environmental education, which all play a very critical 
role in the health of the Chesapeake Bay and its restoration.

                              {time}  1445

  There are a number of important provisions; some have been alluded 
to.
  Just to reiterate, this will enhance the Chesapeake Bay 
Interpretative Buoy System, which provides real-time weather and 
environmental information like wind speed, temperature, and wave 
heights to the public, especially to boaters and researchers.
  It's got an historical and cultural component as well. I just emailed 
my staff so they could remind me of the toll free number (877) BUOY-BAY 
if you want to call and tap into this information on a real-time basis, 
or you can go to www.buoybay.org. This is an incredible resource for 
people, particularly for the next generation.
  That is another thing this reauthorization will do. It will bolster 
the Chesapeake Bay watershed education and training program, which we 
know as the B-WET program which provides hands-on environmental 
education and teaches young people about how their everyday actions 
affect the health of the bay.
  I'm an author of the No Child Left Inside Act, which is designed to 
get people, young people, outdoors and into nature. This is the kind of 
information and data that is then made available to them so that they 
can really engage firsthand in this effort on behalf of the bay.
  And there are many other dimensions of this that strengthen the NOAA 
Chesapeake Bay office, but let me just close by acknowledging again my 
real thanks and appreciation for Chairman Rahall, for Chairperson 
Bordallo, for their assistance in getting this through the Natural 
Resources Committee. Again, a salute to Congressman Wittman for his 
continuing efforts on behalf of the bay.
  We're going to turn the corner on the Chesapeake Bay--I have no 
doubt--and it's because of the data and the information and statistics 
and other things that are provided by the NOAA office. So reauthorizing 
that component of the Chesapeake Bay program is absolutely vital to the 
enterprise, and I urge my colleagues to support the bill today.
  Ms. BORDALLO. Mr. Speaker, I would like to yield to the gentleman 
from Maryland (Mr. Kratovil) such time as he may consume.
  Mr. KRATOVIL. Mr. Speaker, I rise in support of H.R. 1771, the 
Chesapeake Bay Science, Education and Ecosystem Enhancement Act, and 
also, with your permission, Mr. Speaker, H.R. 1053, the Chesapeake Bay 
Accountability and Recovery Act of 2009, which I believe is next up on 
the calendar.
  Both bills will protect the beauty and utility of the Chesapeake Bay 
for future generations while building the economic base of districts 
like Maryland's First District, my district, whose local economies are 
dependent on the health of the Chesapeake Bay.
  By reauthorizing much-needed funding, the Chesapeake Bay Science, 
Education and Ecosystem Enhancement Act will allow NOAA's Chesapeake 
Bay office to continue to play a vital role in the management and 
restoration of the bay.
  Additionally, H.R. 1771 will formally authorize NOAA's Bay Watershed 
Education and Training, B-WET, program that you heard Congressman 
Sarbanes discuss. Since first being established in 2002, this program 
has provided critical assistance for hands-on watershed education for 
thousands of students and teachers.
  When educators are given the necessary tools to engage their 
students, the curriculum can foster a lifelong understanding about the 
importance of the bay and create future generations of stewards 
committed to its health and beauty.
  In the short term, the bill will expand the technical assistance that 
NOAA can offer watermen who practice emerging aquaculture techniques. 
Many watermen have found success with aquaculture that has led to an 
increase in both the clam and oyster populations. This bill will build 
on these successes, keeping the seafood industry viable and protecting 
the overall ecosystem of the Chesapeake Bay.
  Support of the legislation will help ensure the vitality of our 
natural resources throughout the bay in the long term, and I thank 
again my colleague from Maryland, Congressman Sarbanes, for introducing 
this bill.
  Similarly, H.R. 1053, the Chesapeake Bay Accountability and Recovery 
Act, is legislation that will protect one of our national treasures and 
North America's largest estuary while applying financial responsibility 
and accountability practices to the funds that we appropriate to do so, 
and I want to thank Congressman Wittman for his leadership on this. As 
Congressman Sarbanes said, he's been a leader on a number of issues 
related to the bay, and I congratulate him on it.
  This legislation institutes performance-based measures to ensure that 
dollars spent on restoration activities are producing results. Every 
dollar we spend on the bay is money well spent, but not if we fail to 
track these dollars in order to determine best practices and eliminate 
waste and duplicity.
  The bill would require the adoption of two methods: crosscut 
budgeting by the Office of Management and Budget; and adaptive 
management by the Environmental Protection Agency. These initiatives 
will provide a comprehensive accounting of all bay restoration 
activities and would be available to everyone, including Congress. By 
sharing this information, stakeholders can make better-informed funding 
decisions.
  Adaptive management will provide a means to evaluate the success and 
efficiency of bay restoration programs. It will increase coordination, 
reduce overlap, and improve decisionmaking. Financial responsibility is 
a theme we should apply to every dollar we spend, and that includes 
protection of the bay. We aren't doing future generations any favors if 
we protect the health of the Chesapeake Bay but, at the same time, 
neglect to protect the health of our economy as a whole.
  And again, I want to congratulate and thank Congressman Wittman from 
Virginia for introducing the bill.
  Mr. Speaker, I urge support of both H.R. 1771 and H.R. 1053.
  Mr. WITTMAN. Mr. Speaker, I yield myself 2 minutes.
  Mr. Speaker, I'd like to recognize Mr. Kratovil for his work, too. He 
is very much a partner in making sure that we restore the bay and put 
forth the efforts that we need to.
  We know that Maryland's First District and Virginia's First District 
are very, very similar. They have many, many resources in common; they 
have many needs in common. We all realize that restoring the bay is a 
good environmental effort, but it's also a good economic effort. We 
know it's an economic driver. We know the jobs that the bay creates. We 
know a healthy bay creates more jobs and creates a more vibrant 
economy, both for our seafood industry and for our tourism industry.
  So I appreciate his effort to partner to make sure that we get things 
done with the bay, and I think it's a great partnership that should 
stand as an example of how you can, across State

[[Page H10012]]

lines and across party lines, work to get things done in the best 
interests of our natural resources.
  Mr. Speaker, we have no further speakers, and I yield back the 
balance of my time.
  Ms. BORDALLO. Mr. Speaker, I again urge Members to support this 
important piece of legislation, and I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BROUN of Georgia. Mr. 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.

                          ____________________