[House Report 111-271]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-271

======================================================================



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

                                _______
                                

 September 29, 2009.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1771]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 1771) 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. 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
                          ``(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.''.

                          Purpose of the Bill

    The purpose of H.R. 1771 is to reauthorize the Chesapeake 
Bay Office of the National Oceanic and Atmospheric 
Administration, and for other purposes.

                  Background and Need for Legislation

    The original partners of the Chesapeake Bay Program and 
signatories of the 1983 Chesapeake Bay Agreement (Maryland, 
Virginia and Pennsylvania; the District of Columbia; the 
Environmental Protection Agency (EPA); and the Chesapeake Bay 
Commission) form the Chesapeake Executive Council, which meets 
annually to assess federal/state efforts to restore the 
environmental health of the Bay. In 1984, the National Oceanic 
and Atmospheric Administration (NOAA) signed a memorandum of 
agreement with the EPA establishing NOAA as a federal partner 
of the Chesapeake Bay Program. To provide focus for NOAA's 
multiple programmatic capabilities and activities that support 
Chesapeake Bay restoration, in 2002 Congress authorized within 
NOAA a Chesapeake Bay Office (NCBO) as part of Public Law 107-
372.
    The NCBO operates under a broad mission of understanding, 
predicting and explaining changes in the Chesapeake Bay's 
environment and also promotes conserving and managing coastal 
and estuarine resources to meet the region's economic, social 
and environmental needs. Through field offices in Maryland 
(Annapolis and Oxford) and Virginia (Norfolk and Gloucester 
Point), the NCBO has evolved to fulfill three primary 
functions: (1) ecosystem science; (2) coastal and living 
resources management; and (3) environmental literacy. This 
relatively new internal alignment of priorities has replaced 
the former emphasis on fisheries, habitat, integrated coastal 
observations, and education, and better integrates NOAA's 
assets to both facilitate ecosystem-based management and 
support the Council's restoration goals. The current 
authorizing statute does not reflect this new NCBO programmatic 
configuration.

                            Committee Action

    H.R. 1771 was introduced on March 26, 2009 by Rep. John 
Sarbanes (D-MD). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Insular Affairs, Oceans and Wildlife. On July 7, 2009, the 
Subcommittee held a hearing on the bill. On July 29, 2009, the 
Subcommittee was discharged from further consideration of H.R. 
1771 and the full Natural Resources Committee met to consider 
the bill. Rep. Sarbanes offered an amendment in the nature of a 
substitute to make technical and clarifying changes to the 
bill. The amendment was adopted by unanimous consent. The bill, 
as amended, was then ordered favorably reported to the House of 
Representatives by unanimous consent.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides that this Act may be cited as the 
``Chesapeake Bay Science, Education, and Ecosystem Enhancement 
Act of 2009.

Section 2. Reauthorization of NOAA Chesapeake Bay Office

    Section 2 amends Section 307 of the National Oceanic and 
Atmospheric Administration Authorization Act of 1992 to realign 
the relevant science, research and resource management 
capabilities of the NOAA Chesapeake Bay Office, and designates 
specific program activities. The authorized program activities 
include Integrated Coastal Observations, which incorporates the 
Chesapeake Bay Interpretive Buoy System; a Chesapeake Bay 
Watershed Education and Training Program; and a Coastal and 
Living Resources Management and Habitat Program. These new 
authorized program activities replace the previous Chesapeake 
Bay fishery and habitat restoration small watershed grants 
program and more accurately reflect the ongoing priorities and 
future activities of the NOAA Chesapeake Bay Office.
    This section also directs the NOAA Administrator to submit 
a biennial report to Congress and allows the Administrator to 
enter into cooperative agreements, contracts, leases and 
grants. Finally, this section authorizes appropriations for 
fiscal year 2011 through fiscal year 2014.

            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 Natural 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, 
and for other purposes.
    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:

H.R. 1771--Chesapeake Bay Science, Education, and Ecosystem Enhancement 
        Act of 2009

    Summary: H.R. 1771 would reauthorize the Chesapeake Bay 
Office of the National Oceanic and Atmospheric Administration 
(NOAA). The bill would authorize appropriations totalling $79 
million over the 2011-2014 period to support certain activities 
carried out by the Chesapeake Bay Office. The bill also would 
authorize the Chesapeake Bay Office to accept donations of 
funds, property and services for use in implementing its 
programs.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 1771 would cost $68 million 
over the 2010-2014 period and $11 million after 2014. Enacting 
the legislation would have no net impact on revenues or direct 
spending.
    H.R. 1771 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. 1771 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                              --------------------------------------------------
                                                                2010    2011    2012    2013    2014   2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level..........................................       0      17      19      21      23        79
Estimated Outlays............................................       0      11      16      19      22       68
----------------------------------------------------------------------------------------------------------------
Note.--Numbers in table do not add to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes the bill 
will be enacted near the end of fiscal year 2009 and that the 
authorized amounts will be appropriated each year. Estimated 
outlays are based on historical spending patterns for similar 
NOAA programs.
    H.R. 1771 would authorize appropriations totaling $79 
million over the 2011-2014 period for the Chesapeake Bay Office 
of NOAA. The bill would authorize the Chesapeake Bay Office to 
expand grant programs that promote the protection and 
restoration of the Chesapeake Bay watershed. The bill also 
would authorize the director of the Chesapeake Bay Office to 
carry out certain activities that would enhance watershed 
monitoring. Finally, the bill would require the Chesapeake Bay 
Office to prepare a biennial report that identifies progress 
made in protecting and restoring the Chesapeake Bay.
    Additionally, H.R. 1771 would authorize the Chesapeake Bay 
Office to accept donations of funds, property, and services for 
use in implementing its programs. Based on information from 
NOAA, CBO expects that most of those donations would be in-kind 
support from other federal agencies. CBO estimates that 
monetary donations received by the Chesapeake Bay Office would 
not exceed $500,000 per year.
    Authorization for the Chesapeake Bay Office expired in 
2006. In fiscal years 2007 through 2009, the Chesapeake Bay 
Office received appropriations ranging from $12 million to $19 
million annually, including $15 million in fiscal year 2009.
    Intergovernmental and private-sector impact: H.R. 1771 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Jeff LaFave, Impact on 
State, Local, and Tribal Governments: Ryan Miller, Impact on 
the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 1771 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                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):

 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AUTHORIZATION ACT OF 
1992

           *       *       *       *       *       *       *


TITLE III--NOAA MARINE FISHERY PROGRAMS

           *       *       *       *       *       *       *


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.]
  (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.
  [(b) Functions.--The Office, in consultation with the 
Chesapeake Executive Council, shall--]
  (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--
          (1) * * *
          (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] Administrator 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--
        ]
          (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--
                  (A) programs and activities in--
                          (i) * * *

           *       *       *       *       *       *       *

                          (vi) habitat conservation and 
                        restoration; [and]

           *       *       *       *       *       *       *

                          (viii) coastal hazards and climate 
                        change; and
                  (B) programs and activities of the 
                Cooperative Oxford Laboratory of the National 
                Ocean Service with respect to--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii) human pathogens in estuarine 
                        and marine environments; [and]
                          (iv) ecosystem health; and
                          (v) integrated ecosystem assessments;
          (4) coordinate the activities of the National Oceanic 
        and Atmospheric Administration with the activities of 
        the [Environmental Protection Agency] Chesapeake 
        Executive Council and other Federal, State, and local 
        agencies as appropriate to further purposes of this 
        section;
          [(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)] (5) remain cognizant of ongoing research, 
        monitoring, and management projects and assist in the 
        dissemination of the results and findings of those 
        projects; and
          (6) perform any functions necessary to support the 
        programs referred to in paragraph (3).
          [(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) 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.
  [(e) 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.]
  (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
                          (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.

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