[House Report 117-573]
[From the U.S. Government Publishing Office]


117th Congress     }                                  {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                  {      117-573

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

 
  CHESAPEAKE BAY SCIENCE, EDUCATION, AND ECOSYSTEM ENHANCEMENT ACT OF 
                                  2021

                                _______
                                

 November 16, 2022.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 3540]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3540) to reauthorize the Chesapeake Bay Office 
of the National Oceanic and Atmospheric Administration, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment and recommends 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 2021''.

SEC. 2. SENSE OF CONGRESS.

  It is the sense of Congress that the National Oceanic and Atmospheric 
Administration's Chesapeake Bay Office should be the primary 
representative of the National Oceanic and Atmospheric Administration 
in the Chesapeake Bay watershed.

SEC. 3. REAUTHORIZATION OF THE NATIONAL OCEANIC AND ATMOSPHERIC 
                    ADMINISTRATION 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 
        section.''; and
                  (C) by striking paragraph (3);
          (2) in subsection (b)--
                  (A) in paragraph (2), by striking ``Secretary of 
                Commerce'' and inserting ``Administrator'';
                  (B) in paragraph (3)--
                          (i) by inserting ``with and represent'' after 
                        ``coordinate'';
                          (ii) by striking ``, the Chesapeake Bay 
                        Regional Sea Grant Programs, and the Chesapeake 
                        Bay units of the National Estuarine Research 
                        Reserve System,'' and inserting ``for the 
                        Chesapeake Bay Program and that relate to the 
                        Chesapeake Bay watershed in furtherance of such 
                        Administration's coastal resource stewardship 
                        mission,'';
                          (iii) in subparagraph (A)--
                                  (I) in clauses (vi) and (vii), by 
                                striking ``and'' at the end; and
                                  (II) by adding at the end the 
                                following:
                          ``(viii) coastal hazards and climate change; 
                        and
                          ``(ix) education; and''; and
                          (iv) in subparagraph (B)--
                                  (I) in clause (iii), by striking 
                                ``and'' at the end;
                                  (II) in clause (iv), by inserting 
                                ``and'' after the semicolon; and
                                  (III) by adding at the end the 
                                following:
                          ``(v) integrated ecosystem assessments;'';
                  (C) 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 
                        the purposes of this section'';
                  (D) by striking paragraphs (5) and (7);
                  (E) by redesignating paragraph (6) as paragraph (5); 
                and
                  (F) by adding at the end the following:
          ``(6) perform any functions necessary to support the programs 
        referred to in paragraph (3).'';
          (3) by striking subsections (c), (d), and (e); and
          (4) by adding at the end the following:
  ``(c) Program Activities.--
          ``(1) In general.--The Administrator, through the Director, 
        shall implement the program activities authorized by this 
        section 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 use 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 
                use 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 
        such 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 the Integrated Coastal and Ocean 
                Observation System Act of 2009 (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 monitoring with Federal and 
                        State agencies in the tidal portions of the 
                        Chesapeake Bay to understand impacts of water 
                        quality on living marine resources;
                          ``(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; and
                          ``(iv) 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 and associated 
                monitoring assets to improve weather and ecological 
                forecasts, monitor habitat conditions for living marine 
                resources, 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 observational data 
                        from 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 2021;
                          ``(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 education and career pathway 
                        internships; and
                          ``(iv) meet the educational goals of the 
                        Chesapeake Bay Watershed 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 meaningful 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; and
                          ``(vi) build the capacity of school districts 
                        and their partners to deliver high quality 
                        environmental education programs.
                  ``(C) Coordination.--The Director shall implement the 
                education and training program in coordination with the 
                heads of other Federal agencies, as the Director 
                determines appropriate.
          ``(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, 
                submerged aquatic vegetation, and economically and 
                ecologically important fish species such as striped 
                bass and menhaden.
                  ``(B) Activities.--Under the Chesapeake Bay Coastal 
                Living Resources Management and Habitat Program, the 
                Director may carry out or enter into grants, contracts, 
                and cooperative agreements and provide technical 
                assistance to support--
                          ``(i) native oyster research and 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 restoration programs;
                          ``(iv) the development of programs that 
                        restore, protect, and build the resilience of 
                        critical coastal habitats and communities;
                          ``(v) habitat mapping, characterization, and 
                        assessment techniques necessary to identify, 
                        assess, and monitor Chesapeake Bay conditions 
                        and 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;
                          ``(viii) ecologically and economically 
                        important fish and shellfish research; and
                          ``(ix) other activities that the director 
                        determines are appropriate to carry out the 
                        purposes of such program.
  ``(d) Delegation.--
          ``(1) Authority.--The Administrator shall delegate to the 
        Director such authority as may be necessary to carry out this 
        section.
          ``(2) Staff.--The Administrator shall delegate to the 
        Director appropriate staff representing expertise that covers 
        the breadth of the duties of the Office.
  ``(e) 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 Bay 
                Agreement and subsequent agreements.
  ``(f) Agreements.--
          ``(1) In general.--The Administrator, through the Director, 
        may 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 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 Tribe, 
        or of any political subdivision thereof.
  ``(g) Definitions.--In this section, the following definitions apply:
          ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
          ``(2) Chesapeake bay agreement; chesapeake bay ecosystem; 
        chesapeake bay program; chesapeake executive council.--The 
        terms `Chesapeake Bay Agreement', `Chesapeake Bay ecosystem', 
        `Chesapeake Bay Program', and `Chesapeake Executive Council' 
        have the meanings given those terms in section 117(a) of the 
        Federal Water Pollution Control Act (33 U.S.C. 1267(a)).
          ``(3) Director.--The term `Director' means the Director of 
        the Office.
          ``(4) Office.--The term `Office' means the Chesapeake Bay 
        Office established under this section.
  ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section--
          ``(1) $17,000,000 for fiscal year 2022;
          ``(2) $18,700,000 for fiscal year 2023;
          ``(3) $20,570,000 for fiscal year 2024; and
          ``(4) $22,627,000 for fiscal year 2025.''.

                          Purpose of the Bill

    The purpose of H.R. 3540 is to reauthorize and enhance the 
Chesapeake Bay Office of the National Oceanic and Atmospheric 
Administration.

                  Background and Need for Legislation

    The Chesapeake Bay is the largest estuary in the United 
States, with a 64,000 square mile watershed.\1\ Eighteen 
million people live in the watershed shared by Delaware, the 
District of Columbia, Maryland, New York, Pennsylvania, 
Virginia, and West Virginia. The Bay supports thriving fishing, 
tourism, and real estate industries, generating billions in GDP 
annually. However, declines in water quality from agricultural 
runoff and industrial and sewage sources have shrunk vital fish 
and wildlife populations, including economically important 
species such as oysters and blue crabs. Other challenges to the 
health of Bay habitats include overfishing, loss of coastal 
habitats, and coastal development.
---------------------------------------------------------------------------
    \1\See Pervaze A. Sheikh & Laura Gatz, CRS, IF10627, In Focus, 
Ecosystem Restoration of the Chesapeake Bay (updated July 5, 2017), 
https://www.crs.gov/reports/pdf/IF10627/IF10627.pdf--of which the above 
text is partly excerpts.
---------------------------------------------------------------------------
    In 1992, Congress established a National Oceanic and 
Atmospheric Administration (NOAA) Chesapeake Bay Estuarine 
Research Office, housed within the National Marine Fisheries 
Service (NMFS), to coordinate NOAA research and restoration 
efforts in the Chesapeake Bay.\2\ Congress last reauthorized 
the office in 2002,\3\ and its reauthorization expired in 2006, 
although Congress has continued to appropriate funding for the 
office.
---------------------------------------------------------------------------
    \2\National Oceanic and Atmospheric Administration Authorization 
Act of 1992, Pub. L. No. 102-567, Sec. 307, 106 Stat. 4270, 4284, 
https://uscode.house.gov/statviewer.htm?volume=106&page=4284 (codified 
as amended as 15 U.S.C. Sec. 1511d).
    \3\Act of Dec. 19, 2002, Pub. L. No. 107-372, Sec. 401(a), 116 
Stat. 3078, 3096, https://uscode.house.gov/
statviewer.htm?volume=116&page=3096 (codified as 15 U.S.C. Sec. 1511d).
---------------------------------------------------------------------------
    In addition, NOAA provides competitive Chesapeake Bay 
Watershed Education and Training (B-WET) grants.\4\ Eligible 
entities include K-12 schools, higher education institutions, 
nonprofits, and state and local governments. Chesapeake B-WET 
grants aim to fund educational experiences that help students 
learn about the Chesapeake Bay and develop the skills needed to 
protect it.\5\ B-WET receives annual appropriations from 
Congress through the NOAA Office of Education,\6\ but Congress 
has never explicitly authorized the program.
---------------------------------------------------------------------------
    \4\NOAA Chesapeake Bay-Watershed Education and Training Program, 
NMFS (last updated Nov. 18, 2021), https://www.fisheries.noaa.gov/
grant/noaa-chesapeake-bay-watershed-education-and-training-program; see 
also Bay Watershed Education and Training (B-WET), NOAA Off. of Educ. 
(last updated May 12, 2022), https://www.noaa.gov/office-education/
bwet.
    \5\Resources for Prospective Chesapeake Bay B-WET Grantees, NOAA 
Chesapeake Bay Off. (last updated Oct. 25, 2022), https://
www.fisheries.noaa.gov/content/resources-prospective-chesapeake-bay-b-
wet-grantees.
    \6\NOAA, Budget Estimates: Fiscal Year 2022 at MS-24 (pdf page 
986), https://www.noaa.gov/sites/default/files/2021-06/
NOAA%20FY22%20CJ.pdf.
---------------------------------------------------------------------------
    H.R. 3540 would amend Section 307 of the National Oceanic 
and Atmospheric Administration Authorization Act of 1992, which 
established the Chesapeake Bay Office, to allow the office to 
better collaborate with universities, nonprofits, and other 
stakeholders to carry out science, monitoring, and observation 
activities, and to support coordinated management, science, and 
conservation of Chesapeake Bay habitats, fish and wildlife, and 
other resources. It also authorizes the Chesapeake B-WET grant 
program for restoration education. H.R. 3540 would reauthorize 
the NOAA Chesapeake Bay Office through 2025, with authorization 
levels starting at $17,000,000 in FY22 and increasing by 1% 
each year.

                            Committee Action

    H.R. 3540 was introduced on May 25, 2021, by Representative 
John P. Sarbanes (D-MD). The bill was referred solely to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Water, Oceans, and Wildlife. On January 20, 
2022, the Subcommittee held a hearing on the bill. On February 
16, 2022, the Natural Resources Committee met to consider the 
bill. The Subcommittee was discharged by unanimous consent. 
Chair Raul M. Grijalva (D-AZ) offered an amendment designated 
Grijalva #081. The amendment was agreed to by voice vote. By 
unanimous consent, Ranking Member Bruce Westerman (R-AR) 
offered an amendment designated Moore #1 on behalf of Rep. 
Blake Moore (R-UT). The amendment was not agreed to by voice 
vote. The bill, as amended, was adopted and ordered favorably 
reported to the House of Representatives by voice vote.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Water, Oceans, and Wildlife held 
on January 20, 2022.

            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.

           Compliance With House Rule XIII and Congressional 
                               Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, as well as clause 3(d) of rule XIII of the Rules of the 
House of Representatives, the Committee has received the 
following estimate for the bill from the Director of the 
Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 27, 2022.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3540, the 
Chesapeake Bay Science, Education, and Ecosystem Enhancement 
Act of 2021.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 3540 would authorize appropriations totaling $79 
million over the 2022-2025 period for the National Oceanic and 
Atmospheric Administration (NOAA) to operate its Chesapeake Bay 
Office. That office works on restoring oyster habitat and 
education and training programs and the bill would expand those 
activities. In 2021, NOAA allocated about $8 million to the 
office.
    For this estimate, CBO assumes that the bill will be 
enacted late in fiscal year 2022 and that the authorized 
amounts will be appropriated each year. On that basis, CBO 
expects that any spending from amounts appropriated for 2022 
would begin in 2023. Using information on historical spending 
patterns for the office's activities, CBO estimates that 
implementing H.R. 3540 would cost $78 million over the 2022-
2027 period and $1million after 2027, assuming appropriation of 
the authorized amounts.
    The bill also would authorize NOAA to enter into leases as 
necessary to carry out the office's programs. Because signing a 
lease agreement would commit NOAA to pay the lessor to use a 
property over multiple years and in advance of appropriations 
for those future years, CBO considers the costs associated with 
such a lease to be direct spending. Based on similar authority 
provided for other NOAA activities and the relatively narrow 
focus of the Chesapeake Bay Office, CBO expects NOAA would use 
this authority to enter into one 30-year lease for additional 
lab facilities at some point during the 2022-2032 period.
    Using information from the General Services Administration 
on the costs of NOAA's current leases, CBO estimates that the 
lifetime cost of such a lease would be $2 million, which would 
be recorded in the year the authority is granted. Because CBO 
cannot predict when NOAA would enter into a lease agreement 
under the bill, we estimate there is an equal chance that the 
agreement is initiated in every year over the 2022-2032 period. 
Using historical spending patterns for similar activities, CBO 
estimates that spending on the additional lease would be less 
than $500,000 in each year and total $2 million over the 2022-
2032 period.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 300 (natural resources and environment).

                                                   TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 3540
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     By fiscal year, millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2022   2023   2024   2025   2026   2027   2028   2029   2030   2031   2032  2022-2027  2022-2032
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Increases in Direct Spending
 
Estimated Budget Authority...........................      2      0      0      0      0      0      0      0      0      0      0         2          2
Estimated Outlays....................................      0      *      *      *      *      *      *      *      *      *      *         1          2
 
                                                     Increases in Spending Subject to Appropriation
 
Authorization........................................     17     19     21     23      0      0      0      0      0      0      0        79         79
Estimated Outlays....................................      0     25     18     23      9      4      1      0      0      0      0        78         79
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = between zero and $500,000.

    The CBO staff contact for this estimate is Robert Reese. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to reauthorize and enhance the 
Chesapeake Bay Office of the National Oceanic and Atmospheric 
Administration.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    According to CBO, this bill contains no unfunded mandates 
as defined by the Unfunded Mandates Reform Act.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program. Such program was not included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139. The most recent Catalog of 
Federal Domestic Assistance published pursuant to 31 U.S.C. 
Sec. 6104 does not identify other programs as related to the 
Chesapeake Bay Studies program (CFDA No. 11.457) reauthorized 
and revised by this bill. The Chesapeake Bay Watershed 
Education and Training program established by this bill is 
currently encompassed in the same Chesapeake Bay Studies 
listing (CFDA No. 11.457). The Chesapeake Bay Coastal Living 
Resources Management and Habitat Program established by this 
bill would likely be encompassed within the same listing.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         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 italics, and 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 
        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] 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 with and represent 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,] for the Chesapeake Bay Program and 
        that relate to the Chesapeake Bay watershed in 
        furtherance of such Administration's coastal resource 
        stewardship mission, 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]
                          (viii) coastal hazards and climate 
                        change; and
                          (ix) education; 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; 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 the 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
          [(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.]
          (6) perform any functions necessary to support the 
        programs referred to in paragraph (3).
  [(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 section 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 use 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 use 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 such 
        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 the Integrated 
                Coastal and Ocean Observation System Act of 
                2009 (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 monitoring with 
                        Federal and State agencies in the tidal 
                        portions of the Chesapeake Bay to 
                        understand impacts of water quality on 
                        living marine resources;
                          (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; and
                          (iv) 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 and associated 
                monitoring assets to improve weather and 
                ecological forecasts, monitor habitat 
                conditions for living marine resources, 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 observational 
                        data from 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 2021;
                          (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 education and career 
                        pathway internships; and
                          (iv) meet the educational goals of 
                        the Chesapeake Bay Watershed 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 meaningful 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; and
                          (vi) build the capacity of school 
                        districts and their partners to deliver 
                        high quality environmental education 
                        programs.
                  (C) Coordination.--The Director shall 
                implement the education and training program in 
                coordination with the heads of other Federal 
                agencies, as the Director determines 
                appropriate.
          (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, 
                submerged aquatic vegetation, and economically 
                and ecologically important fish species such as 
                striped bass and menhaden.
                  (B) Activities.--Under the Chesapeake Bay 
                Coastal Living Resources Management and Habitat 
                Program, the Director may carry out or enter 
                into grants, contracts, and cooperative 
                agreements and provide technical assistance to 
                support--
                          (i) native oyster research and 
                        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 restoration 
                        programs;
                          (iv) the development of programs that 
                        restore, protect, and build the 
                        resilience of critical coastal habitats 
                        and communities;
                          (v) habitat mapping, 
                        characterization, and assessment 
                        techniques necessary to identify, 
                        assess, and monitor Chesapeake Bay 
                        conditions and 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;
                          (viii) ecologically and economically 
                        important fish and shellfish research; 
                        and
                          (ix) other activities that the 
                        director determines are appropriate to 
                        carry out the purposes of such program.
  (d) Delegation.--
          (1) Authority.--The Administrator shall delegate to 
        the Director such authority as may be necessary to 
        carry out this section.
          (2) Staff.--The Administrator shall delegate to the 
        Director appropriate staff representing expertise that 
        covers the breadth of the duties of the Office.
  (e) 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 Bay Agreement and 
                subsequent agreements.
  (f) Agreements.--
          (1) In general.--The Administrator, through the 
        Director, may 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 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 Tribe, or of any 
        political subdivision thereof.
  (g) Definitions.--In this section, the following definitions 
apply:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the National Oceanic and 
        Atmospheric Administration.
          (2) Chesapeake bay agreement; chesapeake bay 
        ecosystem; chesapeake bay program; chesapeake executive 
        council.--The terms ``Chesapeake Bay Agreement'', 
        ``Chesapeake Bay ecosystem'', ``Chesapeake Bay 
        Program'', and ``Chesapeake Executive Council'' have 
        the meanings given those terms in section 117(a) of the 
        Federal Water Pollution Control Act (33 U.S.C. 
        1267(a)).
          (3) Director.--The term ``Director'' means the 
        Director of the Office.
          (4) Office.--The term ``Office'' means the Chesapeake 
        Bay Office established under this section.
  (h) Authorization of Appropriations.--There is authorized to 
be appropriated to the Secretary to carry out this section--
          (1) $17,000,000 for fiscal year 2022;
          (2) $18,700,000 for fiscal year 2023;
          (3) $20,570,000 for fiscal year 2024; and
          (4) $22,627,000 for fiscal year 2025.

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        Supplemental, Minority, Additional, or Dissenting Views

    None.

                                  [all]