[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.
                              ----------                              


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.]

                                
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