[House Report 107-33]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-33
======================================================================
TO REAUTHORIZE THE CHESAPEAKE BAY OFFICE OF THE NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION
_______
April 3, 2001.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources submitted the following
R E P O R T
[To accompany H.R. 642]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 642) to reauthorize the Chesapeake Bay Office of the
National Oceanic and Atmospheric Administration, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. CHESAPEAKE BAY OFFICE.
(a) Reauthorization of Office.--Section 307 of the National Oceanic
and Atmospheric Administration Authorization Act of 1992 (15 U.S.C.
1511d) is amended to read as follows:
``SEC. 307. CHESAPEAKE BAY OFFICE.
``(a) Establishment.--(1) The Secretary of Commerce shall establish,
within the National Oceanic and Atmospheric Administration, an office
to be known as the Chesapeake Bay Office (in this section referred to
as the `Office').
``(2) The Office shall be headed by a Director who shall be appointed
by the Secretary of Commerce, in consultation with the Chesapeake
Executive Council. Any individual appointed as Director shall have
knowledge and experience in research or resource management efforts in
the Chesapeake Bay.
``(3) The Director may appoint such additional personnel for the
Office as the Director determines necessary to carry out this section.
``(b) Functions.--The Office, in consultation with the Chesapeake
Executive Council, shall--
``(1) provide technical assistance to the Administrator, to
other Federal departments and agencies, and to State and local
government agencies in--
``(A) assessing the processes that shape the
Chesapeake Bay system and affect its living resources;
``(B) identifying technical and management
alternatives for the restoration and protection of
living resources and the habitats they depend upon; and
``(C) monitoring the implementation and effectiveness
of management plans;
``(2) develop and implement a strategy for the National
Oceanic and Atmospheric Administration that integrates the
science, research, monitoring, data collection, regulatory, and
management responsibilities of the Secretary of Commerce in
such a manner as to assist the cooperative, intergovernmental
Chesapeake Bay Program to meet the commitments of the
Chesapeake Bay Agreement;
``(3) coordinate the programs and activities of the various
organizations within the National Oceanic and Atmospheric
Administration, the Chesapeake Bay Regional Sea Grant Programs,
and the Chesapeake Bay units of the National Estuarine Research
Reserve System, including--
``(A) programs and activities in--
``(i) coastal and estuarine research,
monitoring, and assessment;
``(ii) fisheries research and stock
assessments;
``(iii) data management;
``(iv) remote sensing;
``(v) coastal management;
``(vi) habitat conservation and restoration;
and
``(vii) atmospheric deposition; and
``(B) programs and activities of the Cooperative
Oxford Laboratory of the National Ocean Service with
respect to--
``(i) nonindigenous species;
``(ii) estuarine and marine species
pathology;
``(iii) human pathogens in estuarine and
marine environments; and
``(iv) ecosystem health;
``(4) coordinate the activities of the National Oceanic and
Atmospheric Administration with the activities of the
Environmental Protection Agency and other Federal, State, and
local agencies;
``(5) establish an effective mechanism which shall ensure
that projects have undergone appropriate peer review and
provide other appropriate means to determine that projects have
acceptable scientific and technical merit for the purpose of
achieving maximum utilization of available funds and resources
to benefit the Chesapeake Bay area;
``(6) remain cognizant of ongoing research, monitoring, and
management projects and assist in the dissemination of the
results and findings of those projects; and
``(7) submit a biennial report to the Congress and the
Secretary of Commerce with respect to the activities of the
Office and on the progress made in protecting and restoring the
living resources and habitat of the Chesapeake Bay, which
report shall include an action plan consisting of--
``(A) a list of recommended research, monitoring, and
data collection activities necessary to continue
implementation of the strategy described in paragraph
(2); and
``(B) proposals for--
``(i) continuing any new National Oceanic and
Atmospheric Administration activities in the
Chesapeake Bay; and
``(ii) the integration of those activities
with the activities of the partners in the
Chesapeake Bay Program to meet the commitments
of the Chesapeake 2000 agreement and subsequent
agreements.
``(c) Chesapeake Bay Fishery and Habitat Restoration Small Watershed
Grants Program.--
``(1) In general.--The Director of the Chesapeake Bay Office
of the National Oceanic and Atmospheric Administration (in this
section referred to as the `Director'), in cooperation with the
Chesapeake Executive Council, shall carry out a community-based
fishery and habitat restoration small grants and technical
assistance program in the Chesapeake Bay watershed.
``(2) Projects.--
``(A) Support.--The Director shall make grants under
this subsection to pay the Federal share of the cost of
projects that are carried out by entities eligible
under paragraph (3) for the restoration of fisheries
and habitats in the Chesapeake Bay.
``(B) Federal share.--The Federal share under
subparagraph (A) shall not exceed 75 percent.
``(C) Types of projects.--Projects for which grants
may be made under this subsection include--
``(i) the improvement of fish passageways;
``(ii) the creation of natural or artificial
reefs or substrata for habitats;
``(iii) the restoration of wetland or sea
grass;
``(iv) the production of oysters for
restoration projects; and
``(v) the prevention, identification, and
control of nonindigenous species.
``(3) Eligible entities.--The following entities are eligible
to receive grants under this subsection:
``(A) The government of a political subdivision of a
State in the Chesapeake Bay watershed, and the
government of the District of Columbia.
``(B) An organization in the Chesapeake Bay watershed
(such as an educational institution or a community
organization)--
``(i) that is described in section 501(c) of
the Internal Revenue Code of 1986 and is exempt
from taxation under section 501(a) of that
Code; and
``(ii) that will administer such grants in
coordination with a government referred to in
subparagraph (A).
``(4) Additional requirements.--The Director may prescribe
any additional requirements, including procedures, that the
Director considers necessary to carry out the program under
this subsection.
``(d) Budget Line Item.--The Secretary of Commerce shall identify, in
the President's annual budget to the Congress, the funding request for
the Office.
``(e) Chesapeake Executive Council.--For purposes of this section,
`Chesapeake Executive Council' means the representatives from the
Commonwealth of Virginia, the State of Maryland, the Commonwealth of
Pennsylvania, the Environmental Protection Agency, the District of
Columbia, and the Chesapeake Bay Commission, who are signatories to the
Chesapeake Bay Agreement, and any future signatories to that Agreement.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of Commerce for the Chesapeake Bay
Office $6,000,000 for each of fiscal years 2002 through 2006.''.
(b) Conforming Amendment.--Section 2 of the National Oceanic and
Atmospheric Administration Marine Fisheries Program Authorization Act
(Public Law 98-210; 97 Stat. 1409) is amended by striking subsection
(e).
(c) Multiple Species Management Strategy.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the Chesapeake Bay
Office of the National Oceanic and Atmospheric Administration
shall begin a 5-year study, in cooperation with the scientific
community of the Chesapeake Bay, appropriate State and
interstate resource management entities, and appropriate
Federal agencies--
(A) to determine and expand the understanding of the
role and response of living resources in the Chesapeake
Bay ecosystem; and
(B) to develop a multiple species management strategy
for the Chesapeake Bay.
(2) Required elements of study.--In order to improve the
understanding necessary for the development of the strategy
under paragraph (1)(B), the study shall--
(A) determine the current status and trends of fish
and shellfish that live in the Chesapeake Bay and its
tributaries and are selected for study;
(B) evaluate and assess interactions among the fish
and shellfish referred to in subparagraph (A) and other
living resources, with particular attention to the
impact of changes within and among trophic levels; and
(C) recommend management actions to optimize the
return of a healthy and balanced ecosystem for the
Chesapeake Bay.
Purpose of the Bill
The purpose of H.R. 642 is to reauthorize the Chesapeake
Bay Office of the National Oceanic and Atmospheric
Administration, and for other purposes.
Background and Need for Legislation
The Chesapeake Bay Estuarine Resources Office was
established in 1992 through the National Oceanic and
Atmospheric Administration (NOAA) Authorization Act of 1992
(Title III, section 307 of Public Law 102-567; 106 Stat. 4284)
within NOAA. The office was created to provide a focus for
NOAA's multiple capabilities and activities in the Chesapeake
Bay and coordinate NOAA's efforts within the multi-state/
federal partnership that comprises the Chesapeake Bay Program
(CBP). Its function is to represent all NOAA line offices and
to provide a clear focal point within NOAA for Chesapeake Bay
initiatives. It is also charged with involving all relevant
NOAA entities in Bay restoration efforts, managing peer-
reviewed research funded by the Chesapeake Bay Office, and
strengthening NOAA's interactions with Chesapeake Bay partners.
In addition to reauthorizing the Office, this legislation
would place two new requirements on the Office. The first
requirement would be to conduct a five-year study leading to
the development of a multiple species management strategy for
the Chesapeake Bay. The study would determine the current
status and trends of selected fish and shellfish that live in
the Chesapeake Bay estuaries, evaluate and assess interactions
among the multiple species, and make recommendations for
management actions to optimize the return to a healthy
ecosystem for the Bay. The second requirement is to establish
and administer a community-based fishery and habitat
restoration small grants and technical assistance program. The
program would pay the federal share, up to 75 percent, of
projects that are carried out by eligible entities for the
restoration of fisheries and habitats in the Chesapeake Bay
watershed.
To fund the Office and the improvements, H.R. 642
authorizes $6 million to be appropriated for each of Fiscal
Years 2002 through 2006. In the past, the Office was authorized
at $2.5 million for each of Fiscal Years 1997 and 1998.
Committee Action
H.R. 642 was introduced on February 14, 2001, by
Congressman Wayne T. Gilchrest (R-MD). The bill was cosponsored
by Congressman Benjamin L. Cardin (D-MD), Congresswoman
Constance A. Morella (R-MD), Congressman Elijah E. Cummings (D-
MD), Congressman Albert Russell Wynn (D-MD), Congressman Robert
L. Ehrlich, Jr. (R-MD), Congressman Steny H. Hoyer (D-MD), and
Congressman Roscoe G. Bartlett (R-MD). The bill was referred to
the Committee on Resources, and within the Committee to the
Subcommittee on Fisheries Conservation, Wildlife and Oceans.
Although no hearings were held on this bill during the 107th
Congress, on September 21, 2000, the Subcommittee held a
hearing on H.R. 5133, legislation introduced in the 106th
Congress that was very similar to H.R. 642. On March 28, 2001,
the Full Resources Committee met to consider H.R. 642. The
Subcommittee was discharged from further consideration of the
bill by unanimous consent. An amendment authored by Mr.
Gilchrest was adopted by unanimous consent. The Gilchrest
amendment clarifies the type of work done by the Chesapeake Bay
Office and expands the types of projects that can be funded by
the grants program to include projects that prevent, identify
or control nonindigenous species. The bill, as amended, was
favorably reported to the House of Representatives by unanimous
consent.
Section-by-Section Analysis
Section 1. Chesapeake Bay Office
Subsection (a). Reauthorization of Office.--This section
amends and recodifies Section 307 of the National Oceanic and
Atmospheric Administration Authorization Act of 1992 (15 U.S.C.
1511d) to reauthorize the Chesapeake Bay Office.
Section 307(a) establishes the Chesapeake Bay Office (the
Office) within the National Oceanic and Atmospheric
Administration. The Office will have a director who is
appointed by the Secretary of Commerce in consultation with the
Chesapeake Executive Council, and will be staffed by the
Director.
Section 307(b) outlines the functions that the Office
undertakes in consultation with the Executive Council. The
Office will provide technical assistance to NOAA and to other
federal, State and local government agencies; develop and
implement a strategy for NOAA that integrates the various
responsibilities of the Secretary; coordinate the programs and
activities of the various organizations within NOAA, the
Chesapeake Bay Regional Sea Grant Programs, and the Chesapeake
Bay units of the National Estuarine Research Reserve System;
and coordinate the activities of NOAA with the activities of
the Environmental Protection Agency and other federal, State,
and local agencies. The Office will also establish an effective
mechanism to ensure that projects have acceptable scientific
and technical merit for the purpose of achieving maximum
utilization of available funds and resources to benefit the
Chesapeake Bay area. In addition, the Office will remain
cognizant of ongoing research, monitoring, and management
projects and assist in the dissemination of the results and
findings of those projects. Lastly, the Office will submit a
biennial report to Congress and the Secretary of Commerce with
respect to the activities of the Office and on the progress
made in protecting and restoring the living resources and
habitat of the Chesapeake Bay.
Section 307(c) establishes and describes the Chesapeake Bay
fishery and habitat restoration small watershed grants program.
The Director, in cooperation with the Chesapeake Executive
Council, will establish and administer a community-based
fishery and habitat restoration small grants and technical
assistance program in the Chesapeake Bay watershed. The
Director shall make grants under this subsection to pay the
federal share of the cost, not to exceed 75 percent, of
projects that are carried out by entities eligible for the
restoration of fisheries and habitats in the Chesapeake Bay.
Projects for which grants may be made under this subsection
include the improvement of fishpassageways; the creation of
natural or artificial reefs or substrata for habitats; the restoration
of wetland or sea grass; the production of oysters for restoration
projects; and the prevention, identification, and control of
nonindigenous species. Under this subsection, governments of a
political subdivision of a State in the Chesapeake Bay watershed, the
government of the District of Columbia and tax-exempt organizations in
the Chesapeake Bay watershed are eligible to receive grants. This
subsection also states that the Director may prescribe any additional
requirements, including procedures, that the Director considers
necessary to carry out the program under this subsection.
Section 307(d) states that the Secretary shall identify, in
the President's annual budget to Congress, the funding request
for the Office.
Section 307(e) defines, for purposes of Section 307, the
Chesapeake Executive Council as 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.
Section 307(f) authorizes to be appropriated to the
Department of Commerce for the Chesapeake Bay Office $6 million
for each of Fiscal Years 2002 through 2006.
Subsection (b). Conforming Amendment.--This subsection
includes a conforming amendment regarding the Marine Fisheries
Program Authorization Act.
Subsection (c). Multiple Species Management Strategy.--
Within six months of the enactment of this Act, the Director of
the Office will begin a 5-year study to determine and expand
the understanding of the role and response of living marine
resources in the Chesapeake Bay ecosystem and to develop a
multiple species management strategy for the Chesapeake Bay.
This will be done in cooperation with the Chesapeake Bay
scientific community, appropriate State and interstate resource
management entities, and appropriate federal agencies. To
improve the understanding necessary for the development of the
strategy, the study shall determine the current status and
trends of fish and shellfish that live in the Chesapeake Bay
estuaries and are selected for study. The study will also
evaluate and assess interactions among the fish and shellfish
and other living resources, with particular attention to the
impact of changes within and among trophic levels, and the
study will recommend management actions to optimize the return
of a healthy and balanced ecosystem for the Chesapeake Bay.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance with House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to reauthorize the Chesapeake Bay
Office of the National Oceanic and Atmospheric Administration.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 29, 2001.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 642, a bill to
reauthorize the Chesapeake Bay Office of the National Oceanic
and Atmospheric Administration, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson,
(For Dan L. Crippen, Director).
Enclosure.
H.R. 642--A bill to reauthorize the Chesapeake Bay Office of the
National Oceanic and Atmospheric Administration, and for other
purposes
Summary: H.R. 642 would reauthorize the Chesapeake Bay
Office within the National Oceanic and Atmospheric
Administration (NOAA). The bill would establish a program to
provide grants and technical assistance to state, local, and
nonprofit entities for the restoration of fisheries and habitat
in the Chesapeake Bay watershed. It also would direct NOAA to
conduct a five-year study of living resources in the bay and to
develop a management strategy for them. For these purposes, the
bill would authorize the appropriation of $6 million annually
for fiscal years 2002 through 2006.
Assuming appropriation of the authorized amounts, CBO
estimates that the federal government would spend $4 million in
fiscal year 2002 and a total of $30 million over the 2002-2006
period on the activities authorized by H.R. 642. The bill would
not affect direct spending or receipts; therefore, pay-as-you-
go procedures would not apply.
H.R. 642 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 642 is shown in the following table.
For purposes of this estimate, CBO assumes that the bill will
be enacted during fiscal year 2001 and that the entire amounts
authorized will be appropriated for each fiscal year. Estimated
outlays are based on information provided by NOAA. The costs of
this legislation fall within budget function 300 (natural
resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------
2001 2002 2003 2004 2005 2006
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law
Budget Authority \1\........................................ 3 0 0 0 0 0
Estimated Outlays........................................... 3 1 0 0 0 0
Proposed Changes
Authorization Level......................................... 0 6 6 6 6 6
Estimated Outlays........................................... 0 4 6 6 7 7
Spending Under H.R. 642
Authorization Level \1\..................................... 3 6 6 6 6 6
Estimated Outlays........................................... 3 5 6 6 7 7
----------------------------------------------------------------------------------------------------------------
\1\ The 2001 level is the amount appropriated for that year.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 642
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Eligible local governments could benefit
from the grant funds authorized by this bill, which would fund
up to 75 percent of the cost of certain restoration projects.
Any costs incurred by those governments to match the federal
funds would be voluntary.
Estimate prepared by: Federal Costs: Deborah Reis. Impact
on State, Local, and Tribal Governments: Marjorie Miller.
Impact on the Private Sector: Lauren Marks.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 307 OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
AUTHORIZATION ACT OF 1992
[SEC. 307. CHESAPEAKE BAY ESTUARINE RESOURCES OFFICE.
[(a) Establishment.--(1) The Secretary of Commerce shall
establish, within the National Oceanic and Atmospheric
Administration, an office to be known as the Chesapeake Bay
Estuarine Resources Office (hereinafter referred to as the
``Office'').
[(2) The Office shall be headed by a Director who shall be
appointed by the Secretary of Commerce, in consultation with
the Chesapeake Bay Executive Council. Any individual appointed
as Director shall have knowledge and experience in research or
resource management efforts in the Chesapeake Bay.
[(3) The Director may appoint such additional personnel for
the Office as the Director determines necessary to carry out
this section.
[(b) Functions.--The Office, in consultation with the
Chesapeake Bay Executive Council, shall--
[(1) provide technical assistance to the
Administrator, to other Federal departments and
agencies, and to State and local government agencies
in--
[(A) assessing the processes that shape the
Chesapeake Bay system and affect its living
resources;
[(B) identifying technical and management
alternatives for the restoration and protection
of living resources and the habitats they
depend upon; and
[(C) monitoring the implementation and
effectiveness of management plans;
[(2) develop and implement a strategy for the
National Oceanic and Atmospheric Administration that
integrates the science, research, monitoring, data
collection, regulatory, and management responsibilities
of the Secretary of Commerce in such a manner as to
assist the cooperative, intergovernmental Chesapeake
Bay Program to meet the commitments of the Chesapeake
Bay Agreement;
[(3) coordinate the programs and activities of the
various organizations within the National Oceanic and
Atmospheric Administration and the Chesapeake Bay
Regional Sea Grant Programs (including programs and
activities in coastal and estuarine research,
monitoring, and assessment; fisheries research and
stock assessments; data management; remote sensing;
coastal management; and habitat conservation);
[(4) coordinate the activities of the National
Oceanic and Atmospheric Administration with the
activities of the Environmental Protection Agency and
other Federal, State, and local agencies;
[(5) establish an effective mechanism which shall
ensure that projects have undergone appropriate peer
review and provide other appropriate means to determine
that projects have acceptable scientific and technical
merit for the purpose of achieving maximum utilization
of available funds and resources to benefit the
Chesapeake Bay area;
[(6) remain cognizant of ongoing research,
monitoring, and management projects and assist in the
dissemination of the results and findings of those
projects; and
[(7) submit a biennial report to the Congress and the
Secretary of Commerce with respect to the activities of
the Office and on the progress made in protecting and
restoring the living resources and habitat of the
Chesapeake Bay.
[(c) Budget Line Item.--The Secretary of Commerce shall
identify, in the President's annual budget to the Congress, the
funding request for the Office.
[(d) Authorization of Appropriations.--Section 2 of the
National Oceanic and Atmospheric Administration Marine
Fisheries Program Authorization Act (Public Law 98-210; 97
Stat. 1409), as amended by section 302 of this Act, is further
amended by adding at the end the following new subsection:
[``(e) Of the sums authorized under subsection (a) of this
section, no more than $2,500,000 are authorized to be
appropriated for each of the fiscal years 1992 and 1993 to
enable the National Oceanic and Atmospheric Administration to
establish the Chesapeake Bay Estuarine Resources Office under
section 306 of the National Oceanic and Atmospheric
Administration Authorization Act of 1991. No more than 20
percent of the amount appropriated under the authorization in
this subsection shall be used for administrative purposes.''.
[(e) Chesapeake Executive Council.--For purposes of this
section, ``Chesapeake Executive Council'' means the
representatives from the Commonwealth of Virginia, the State of
Maryland, the Commonwealth of Pennsylvania, the Environmental
Protection Agency, the District of Columbia, and the Chesapeake
Bay Commission, who are signatories to the Chesapeake Bay
Agreement, and any future signatories to that Agreement.]
SEC. 307. CHESAPEAKE BAY OFFICE.
(a) Establishment.--(1) The Secretary of Commerce shall
establish, within the National Oceanic and Atmospheric
Administration, an office to be known as the Chesapeake Bay
Office (in this section referred to as the ``Office'').
(2) The Office shall be headed by a Director who shall be
appointed by the Secretary of Commerce, in consultation with
the Chesapeake Executive Council. Any individual appointed as
Director shall have knowledge and experience in research or
resource management efforts in the Chesapeake Bay.
(3) The Director may appoint such additional personnel for
the Office as the Director determines necessary to carry out
this section.
(b) Functions.--The Office, in consultation with the
Chesapeake Executive Council, shall--
(1) provide technical assistance to the
Administrator, to other Federal departments and
agencies, and to State and local government agencies
in--
(A) assessing the processes that shape the
Chesapeake Bay system and affect its living
resources;
(B) identifying technical and management
alternatives for the restoration and protection
of living resources and the habitats they
depend upon; and
(C) monitoring the implementation and
effectiveness of management plans;
(2) develop and implement a strategy for the National
Oceanic and Atmospheric Administration that integrates
the science, research, monitoring, data collection,
regulatory, and management responsibilities of the
Secretary of Commerce in such a manner as to assist the
cooperative, intergovernmental Chesapeake Bay Program
to meet the commitments of the Chesapeake Bay
Agreement;
(3) coordinate the programs and activities of the
various organizations within the National Oceanic and
Atmospheric Administration, the Chesapeake Bay Regional
Sea Grant Programs, and the Chesapeake Bay units of the
National Estuarine Research Reserve System, including--
(A) programs and activities in--
(i) coastal and estuarine research,
monitoring, and assessment;
(ii) fisheries research and stock
assessments;
(iii) data management;
(iv) remote sensing;
(v) coastal management;
(vi) habitat conservation and
restoration; and
(vii) atmospheric deposition; and
(B) programs and activities of the
Cooperative Oxford Laboratory of the National
Ocean Service with respect to--
(i) nonindigenous species;
(ii) estuarine and marine species
pathology;
(iii) human pathogens in estuarine
and marine environments; and
(iv) ecosystem health;
(4) coordinate the activities of the National Oceanic
and Atmospheric Administration with the activities of
the Environmental Protection Agency and other Federal,
State, and local agencies;
(5) establish an effective mechanism which shall
ensure that projects have undergone appropriate peer
review and provide other appropriate means to determine
that projects have acceptable scientific and technical
merit for the purpose of achieving maximum utilization
of available funds and resources to benefit the
Chesapeake Bay area;
(6) remain cognizant of ongoing research, monitoring,
and management projects and assist in the dissemination
of the results and findings of those projects; and
(7) submit a biennial report to the Congress and the
Secretary of Commerce with respect to the activities of
the Office and on the progress made in protecting and
restoring the living resources and habitat of the
Chesapeake Bay, which report shall include an action
plan consisting of--
(A) a list of recommended research,
monitoring, and data collection activities
necessary to continue implementation of the
strategy described in paragraph (2); and
(B) proposals for--
(i) continuing any new National
Oceanic and Atmospheric Administration
activities in the Chesapeake Bay; and
(ii) the integration of those
activities with the activities of the
partners in the Chesapeake Bay Program
to meet the commitments of the
Chesapeake 2000 agreement and
subsequent agreements.
(c) Chesapeake Bay Fishery and Habitat Restoration Small
Watershed Grants Program.--
(1) In general.--The Director of the Chesapeake Bay
Office of the National Oceanic and Atmospheric
Administration (in this section referred to as the
``Director''), in cooperation with the Chesapeake
Executive Council, shall carry out a community-based
fishery and habitat restoration small grants and
technical assistance program in the Chesapeake Bay
watershed.
(2) Projects.--
(A) Support.--The Director shall make grants
under this subsection to pay the Federal share
of the cost of projects that are carried out by
entities eligible under paragraph (3) for the
restoration of fisheries and habitats in the
Chesapeake Bay.
(B) Federal share.--The Federal share under
subparagraph (A) shall not exceed 75 percent.
(C) Types of projects.--Projects for which
grants may be made under this subsection
include--
(i) the improvement of fish
passageways;
(ii) the creation of natural or
artificial reefs or substrata for
habitats;
(iii) the restoration of wetland or
sea grass;
(iv) the production of oysters for
restoration projects; and
(v) the prevention, identification,
and control of nonindigenous species.
(3) Eligible entities.--The following entities are
eligible to receive grants under this subsection:
(A) The government of a political subdivision
of a State in the Chesapeake Bay watershed, and
the government of the District of Columbia.
(B) An organization in the Chesapeake Bay
watershed (such as an educational institution
or a community organization)--
(i) that is described in section
501(c) of the Internal Revenue Code of
1986 and is exempt from taxation under
section 501(a) of that Code; and
(ii) that will administer such grants
in coordination with a government
referred to in subparagraph (A).
(4) Additional requirements.--The Director may
prescribe any additional requirements, including
procedures, that the Director considers necessary to
carry out the program under this subsection.
(d) Budget Line Item.--The Secretary of Commerce shall
identify, in the President's annual budget to the Congress, the
funding request for the Office.
(e) Chesapeake Executive Council.--For purposes of this
section, ``Chesapeake Executive Council'' means the
representatives from the Commonwealth of Virginia, the State of
Maryland, the Commonwealth of Pennsylvania, the Environmental
Protection Agency, the District of Columbia, and the Chesapeake
Bay Commission, who are signatories to the Chesapeake Bay
Agreement, and any future signatories to that Agreement.
(f) Authorization of Appropriations.--There is authorized to
be appropriated to the Department of Commerce for the
Chesapeake Bay Office $6,000,000 for each of fiscal years 2002
through 2006.
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SECTION 2 OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION MARINE
FISHERIES PROGRAM AUTHORIZATION ACT
Fisheries Information Collection and Analysis
Sec. 2. (a) * * *
* * * * * * *
[(e) Of the sums authorized under subsection (a) of this
section, no more than $2,500,000 are authorized to be
appropriated for each of the fiscal years 1992 and 1993 to
enable the National Oceanic and Atmospheric Administration to
establish the Chesapeake Bay Estuarine Resources Office under
section 306 of the National Oceanic and Atmospheric
Administration Authorization Act of 1991. No more than 20
percent of the amount appropriated under the authorization in
this subsection shall be used for administrative purposes.]