IB 

Union Calendar No. 152 

111TH CONGRESS 

1ST SESSION H. R. 1771 

[Report No. 111–271] 

To reauthorize the Chesapeake Bay Office of the National Oceanic and 

Atmospheric Administration, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2009 

Mr. SARBANES (for himself, Mr. WITTMAN, and Mr. KRATOVIL) introduced 

the following bill; which was referred to the Committee on Natural Resources 

SEPTEMBER 29, 2009 

Additional sponsor: Mr. CONNOLLY of Virginia 

SEPTEMBER 29, 2009 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 26, 2009] 


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A BILL 

To reauthorize the Chesapeake Bay Office of the National 

Oceanic and Atmospheric Administration, and for other 

purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Chesapeake Bay Science, 

5 Education, and Ecosystem Enhancement Act of 2009’’. 

6 SEC. 2. REAUTHORIZATION OF NOAA CHESAPEAKE BAY OF7 FICE. 

8 Section 307 of the National Oceanic and Atmospheric 

9 Administration Authorization Act of 1992 (15 U.S.C. 

10 1511d) is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (1) by striking ‘‘(in this 

13 section’’ and all that follows and inserting a pe14 riod; 

15 (B) by amending paragraph (2) to read as 

16 follows: 

17 ‘‘(2) The Office shall be headed by a Director, 

18 who— 

19 ‘‘(A) shall have knowledge and experience in 

20 research or resource management efforts in the 

21 Chesapeake Bay; and 

22 ‘‘(B) shall be responsible for the administra23 tion and operation of the office and the imple24 mentation of this Act.’’; and 

25 (C) by striking paragraph (3); 


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1 (2) in subsection (b)— 

2 (A) by striking so much as precedes para3 graph (1) and inserting the following: 

4 ‘‘(b) PURPOSE.—The purpose of this section is to focus 

5 the relevant science, research, and resource management ca6 pabilities of the National Oceanic and Atmospheric Admin7 istration as they apply to the Chesapeake Bay and to utilize 

8 the Office to—’’; 

9 (B) in paragraph (2), by striking ‘‘Sec10 retary of Commerce’’ and inserting ‘‘Adminis11 trator’’; 

12 (C) in paragraph (3)— 

13 (i) by striking the matter preceding 

14 subparagraph (A) and inserting the fol15 lowing: 

16 ‘‘(3) coordinate the programs and activities of 

17 the various organizations within the National Oce18 anic and Atmospheric Administration in furtherance 

19 of such administration’s coastal resource stewardship 

20 mission, including—’’; 

21 (ii) in subparagraph (A), by striking 

22 ‘‘and’’ after the semicolon at the end of 

23 clause (vi), and by inserting after clause 

24 (vii) the following: 


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1 ‘‘(viii) coastal hazards and climate 

2 change; and’’; and 

3 (iii) in subparagraph (B), by striking 

4 ‘‘and’’ after the semicolon at the end of 

5 clause (iii), by inserting ‘‘and’’ after the 

6 semicolon at the end of clause (iv), and by 

7 adding at the end the following: 

8 ‘‘(v) integrated ecosystem assess9 ments;’’; 

10 (D) in paragraph (4)— 

11 (i) by striking ‘‘Environmental Protec12 tion Agency’’ and inserting ‘‘Chesapeake 

13 Executive Council’’; and 

14 (ii) by inserting before the semicolon at 

15 the end the following: ‘‘as appropriate to 

16 further purposes of this section’’; 

17 (E) by striking paragraphs (5) and (7); 

18 (F) by redesignating paragraph (6) as 

19 paragraph (5); and 

20 (G) by adding at the end the following: 

21 ‘‘(6) perform any functions necessary to support 

22 the programs referred to in paragraph (3).’’; and 

23 (3) by striking subsection (c) and all that follows 

24 through the end of the section and inserting the fol25 lowing: 


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1 ‘‘(c) PROGRAM ACTIVITIES.— 

2 ‘‘(1) IN GENERAL.—The Administrator, through 

3 the Director, shall implement the program activities 

4 authorized by this subsection to support the activity 

5 of the Chesapeake Executive Council and to further 

6 the purposes of this section. 

7 ‘‘(2) ENSURING SCIENTIFIC AND TECHNICAL

8 MERIT.—The Director shall— 

9 ‘‘(A) establish and utilize an effective and 

10 transparent mechanism to ensure that projects 

11 funded under this section have undergone appro12 priate peer review; and 

13 ‘‘(B) provide other appropriate means to 

14 determine that such projects have acceptable sci15 entific and technical merit for the purpose of 

16 achieving maximum utilization of available 

17 funds and resources to benefit the Chesapeake 

18 Bay area. 

19 ‘‘(3) CONSULTATION WITH CHESAPEAKE EXECU20 TIVE COUNCIL.—The Director shall, in the implemen21 tation of the program activities authorized under this 

22 section, consult with the Chesapeake Executive Coun23 cil, to ensure that the activities of the Office are con24 sistent with the purposes and priorities of the ChesaVerDate Nov 24 2008 22:10 Sep 29, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1771.RH H1771

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1 peake Bay Agreement and plans developed pursuant 

2 to the Agreement. 

3 ‘‘(4) INTEGRATED COASTAL OBSERVATIONS.— 

4 ‘‘(A) IN GENERAL.—The Administrator, 

5 through the Director, may collaborate with sci6 entific and academic institutions, State and 

7 Federal agencies, non-governmental organiza8 tions, and other constituents in the Chesapeake 

9 Bay watershed, to support an integrated observa10 tions system for the Chesapeake Bay consistent 

11 with the purposes of subtitle C of title XII of 

12 Public Law 111–11 (33 U.S.C. 3601 et seq.). 

13 ‘‘(B) SPECIFIC REQUIREMENTS.—To sup14 port the system referred to in subparagraph (A) 

15 and provide a complete set of environmental in16 formation for the Chesapeake Bay, the Director 

17 shall— 

18 ‘‘(i) coordinate existing monitoring 

19 and observing activities in the Chesapeake 

20 Bay; 

21 ‘‘(ii) identify new data collection needs 

22 and deploy new technologies, as appro23 priate; 

24 ‘‘(iii) collect and analyze the scientific 

25 information necessary for the management 


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1 of living marine resources and the marine 

2 habitat associated with such resources; 

3 ‘‘(iv) manage and interpret the infor4 mation described in clause (iii); and 

5 ‘‘(v) organize the information described 

6 in clause (iii) into products that are useful 

7 to policy makers, resource managers, sci8 entists, and the public. 

9 ‘‘(C) CHESAPEAKE BAY INTERPRETIVE BUOY

10 SYSTEM.—To further the development and imple11 mentation of the Chesapeake Bay Interpretive 

12 Buoy System, the Director may— 

13 ‘‘(i) support the establishment and im14 plementation of the Captain John Smith 

15 Chesapeake National Historic Trail; 

16 ‘‘(ii) delineate key waypoints along the 

17 trail and provide appropriate real-time 

18 data and information for trail users; 

19 ‘‘(iii) interpret data and information 

20 for use by educators and students to inspire 

21 stewardship of Chesapeake Bay; and 

22 ‘‘(iv) incorporate the Chesapeake Bay 

23 Interpretive Buoy System into the Inte24 grated Ocean Observing System regional 

25 network of observatories. 


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1 ‘‘(5) CHESAPEAKE BAY WATERSHED EDUCATION

2 AND TRAINING PROGRAM.— 

3 ‘‘(A) IN GENERAL.—The Administrator, 

4 through the Director, may establish a Chesapeake 

5 Bay watershed education and training program. 

6 The program shall— 

7 ‘‘(i) continue and expand the Chesa8 peake Bay watershed education programs 

9 offered by the Office immediately before the 

10 enactment of the Chesapeake Bay Science, 

11 Education, and Ecosystem Enhancement 

12 Act of 2009; 

13 ‘‘(ii) improve the understanding of ele14 mentary and secondary school students and 

15 teachers of the living resources of the eco16 system of the Chesapeake Bay; 

17 ‘‘(iii) provide community education to 

18 improve watershed protection; and 

19 ‘‘(iv) meet the educational goals of the 

20 Chesapeake 2000 Agreement. 

21 ‘‘(B) GRANT PROGRAM.—The Director may 

22 award grants for the purposes of this paragraph. 

23 Grants awarded under this subparagraph may 

24 be used to support education and training 

25 projects that enhance understanding and assessVerDate Nov 24 2008 22:10 Sep 29, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H1771.RH H1771

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1 ment of a specific environmental problem in the 

2 Chesapeake Bay watershed or a goal of the 

3 Chesapeake Bay Program, or protect or restore 

4 living resources of the Chesapeake Bay water5 shed, including projects that— 

6 ‘‘(i) provide classroom education, in7 cluding the development and use of distance 

8 learning and other innovative technologies, 

9 related to the Chesapeake Bay watershed; 

10 ‘‘(ii) provide watershed educational ex11 periences in the Chesapeake Bay watershed; 

12 ‘‘(iii) provide professional development 

13 for teachers related to the Chesapeake Bay 

14 watershed and the dissemination of perti15 nent education materials oriented to vary16 ing grade levels; 

17 ‘‘(iv) demonstrate or disseminate envi18 ronmental educational tools and materials 

19 related to the Chesapeake Bay watershed; 

20 ‘‘(v) demonstrate field methods, prac21 tices, and techniques including assessment 

22 of environmental and ecological conditions 

23 and analysis of environmental problems; 


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1 ‘‘(vi) build the capacity of organiza2 tions to deliver high quality environmental 

3 education programs; and 

4 ‘‘(vii) educate local land use officials 

5 and decision makers on the relationship of 

6 land use to natural resource and watershed 

7 protection. 

8 ‘‘(C) COLLABORATION.—The Director shall 

9 implement the education and training program 

10 in collaboration with the heads of other relevant 

11 Federal agencies. 

12 ‘‘(6) COASTAL AND LIVING RESOURCES MANAGE13 MENT AND HABITAT PROGRAM.— 

14 ‘‘(A) IN GENERAL.—The Administrator, 

15 through the Director, may establish a Chesapeake 

16 Bay coastal living resources management and 

17 habitat program to support coordinated manage18 ment, protection, characterization, and restora19 tion of priority Chesapeake Bay habitats and 

20 living resources, including oysters, blue crabs, 

21 and submerged aquatic vegetation. 

22 ‘‘(B) ACTIVITIES.—Under the program, the 

23 Director may, subject to the availability of ap24 propriations, carry out or enter into grants, conVerDate Nov 24 2008 22:10 Sep 29, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H1771.RH H1771

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1 tracts, and cooperative agreements and provide 

2 technical assistance to support— 

3 ‘‘(i) native oyster restoration; 

4 ‘‘(ii) fish and shellfish aquaculture that 

5 is carried out in accordance with a valid 

6 Federal or State permit; 

7 ‘‘(iii) establishment of submerged 

8 aquatic vegetation propagation programs; 

9 ‘‘(iv) the development of programs that 

10 protect and restore critical coastal habitats; 

11 ‘‘(v) habitat mapping, characteriza12 tion, and assessment techniques necessary to 

13 identify, assess, and monitor restoration ac14 tions; 

15 ‘‘(vi) application and transfer of ap16 plied scientific research and ecosystem man17 agement tools to fisheries and habitat man18 agers; 

19 ‘‘(vii) collection, synthesis, and sharing 

20 of information to inform and influence 

21 coastal and living resource management 

22 issues; and 

23 ‘‘(viii) other activities that the Director 

24 determines are appropriate to carry out the 

25 purposes of such program. 


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1 ‘‘(d) REPORTS.— 

2 ‘‘(1) IN GENERAL.—The Administrator, through 

3 the Director, shall submit a biennial report to the 

4 Congress and the Secretary of Commerce on the ac5 tivities of the Office and on progress made in pro6 tecting and restoring the living resources and habitat 

7 of the Chesapeake Bay. 

8 ‘‘(2) ACTION PLAN.—Each such report shall in9 clude an action plan for the 2-year period following 

10 submission of the report, consisting of— 

11 ‘‘(A) a list of recommended research, moni12 toring, and data collection activities necessary to 

13 continue implementation of the strategy under 

14 subsection (b)(2); and 

15 ‘‘(B) recommendations to integrate National 

16 Oceanic and Atmospheric Administration activi17 ties with the activities of the partners in the 

18 Chesapeake Bay Program to meet the commit19 ments of the Chesapeake 2000 agreement and 

20 subsequent agreements. 

21 ‘‘(e) AGREEMENTS.— 

22 ‘‘(1) IN GENERAL.—The Administrator, through 

23 the Director, may, subject to the availability of ap24 propriations, enter into and perform such contracts, 


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1 leases, grants, or cooperative agreements as may be 

2 necessary to carry out the purposes of this Act. 

3 ‘‘(2) USE OF OTHER RESOURCES.—For purposes 

4 related to the understanding, protection, and restora5 tion of Chesapeake Bay, the Director may use, with 

6 their consent and with or without reimbursement, the 

7 land, services, equipment, personnel, and facilities of 

8 any Department, agency, or instrumentality of the 

9 United States, or of any State, local government, In10 dian tribal government, or of any political subdivi11 sion thereof. 

12 ‘‘(3) DONATIONS.—The Director may accept do13 nations of funds, other property, and services for use 

14 in understanding, protecting, and restoring the 

15 Chesapeake Bay. Donations accepted under this sec16 tion shall be considered as a gift or bequest to or for 

17 the use of the United States. 

18 ‘‘(f) DEFINITIONS.—In this section: 

19 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis20 trator’ means the Administrator of the National Oce21 anic and Atmospheric Administration. 

22 ‘‘(2) CHESAPEAKE BAY AGREEMENT.—The term 

23 ‘Chesapeake Bay Agreement’ means the formal, vol24 untary agreements executed to achieve the goal of re25 storing and protecting the Chesapeake Bay ecosystem 


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1 and the living resources of the Chesapeake Bay eco2 system and are signed by the Chesapeake Executive 

3 Council. 

4 ‘‘(3) CHESAPEAKE EXECUTIVE COUNCIL.—The 

5 term ‘Chesapeake Executive Council’ means the rep6 resentatives from the Commonwealth of Virginia, the 

7 State of Maryland, the Commonwealth of Pennsyl8 vania, the Environmental Protection Agency, the Dis9 trict of Columbia, and the Chesapeake Bay Commis10 sion, who are signatories to the Chesapeake Bay 

11 Agreement, and any future signatories to that agree12 ment. 

13 ‘‘(4) DIRECTOR.—The term ‘Director’ means the 

14 Director of the Office. 

15 ‘‘(5) OFFICE.—The term ‘Office’ means the 

16 Chesapeake Bay Office established under this section. 

17 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to the Secretary to carry out 

19 this section— 

20 ‘‘(1) $17,000,000 for fiscal year 2011; 

21 ‘‘(2) $18,700,000 for fiscal year 2012; 

22 ‘‘(3) $20,570,000 for fiscal year 2013; and 

23 ‘‘(4) $22,627,000 for fiscal year 2014.’’. 


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Union Calendar No. 152 

111TH CONGRESS 

1ST SESSION H. R. 1771 

[Report No. 111–271] 

A BILL 

To reauthorize the Chesapeake Bay Office of the 

tion, and for other purposes. National Oceanic and Atmospheric AdministraSEPTEMBER 29, 2009 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


srobinson on DSKHWCL6B1PROD with BILLS