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[Senate Report 111-126]
[From the U.S. Government Publishing Office]

                                                    Calendar No. 272
111th Congress 
 2d Session                      SENATE                          Report
                                                                111-126
_______________________________________________________________________

                                     

                                                       

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

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1224

                                     

               February 23, 2010.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred eleventh congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        JOHN ENSIGN, Nevada
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      GEORGE S. LeMIEUX, Florida
MARK PRYOR, Arkansas                 JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri           DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota             SAM BROWNBACK, Kansas
TOM UDALL, New Mexico                MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
                     Ellen Doneski, Chief of Staff
                   James Reid, Deputy Chief of Staff
                     Bruce Andrews, General Counsel
             Ann Begeman, Acting Republican Staff Director
              Brian Hendricks, Republican General Counsel
                Todd Bertoson, Republican Senior Counsel

                                                       Calendar No. 272

111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-126

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

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

                                _______
                                

               February 23, 2010.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                                 REPORT

                         [To accompany S. 1224]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1224) 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 (in the 
nature of a substitute) and recommends that the bill (as 
amended) do pass.

                          Purpose of the Bill

  The purpose of S. 1224, the Chesapeake Bay Science, 
Education, and Ecosystem Enhancement Act of 2009, is to 
reauthorize the National Oceanic and Atmospheric Administration 
(NOAA) Chesapeake Bay Office; to improve Chesapeake Bay 
monitoring; to strengthen the Chesapeake Bay Watershed 
education support; and to encourage public/private partnerships 
to restore finfish and shellfish populations, submerged aquatic 
vegetation, and other critical coastal habitat.

                          Background and Needs

  The Chesapeake Bay is the largest estuary in the United 
States. Its watershed stretches across more than 64,000 square 
miles and includes parts of six states--Delaware, Maryland, New 
York, Pennsylvania, Virginia and West Virginia--and the entire 
District of Columbia. The Bay and its rivers, wetlands, and 
forests provide habitat, food, and protection for more than 
3,600 species of plants, fish and animals, including 348 
species of finfish, 173 species of shellfish and over 2,700 
plant species. The Chesapeake is a commercial and recreational 
resource for the more than 16 million people who live in its 
watershed. The Bay produces about 500 million pounds of seafood 
per year.
  In 1983, the states of Maryland, Virginia, and Pennsylvania, 
the District of Columbia, and the Environmental Protection 
Agency (EPA) signed the Chesapeake Bay Agreement and formed the 
Chesapeake Executive Council, which meets annually to assess 
Federal/State efforts to restore the environmental health of 
the Bay. In 1984, NOAA signed a memorandum of agreement with 
the EPA establishing NOAA as a Federal partner of the 
Chesapeake Bay Program (CBP). In 1992, Congress formally 
authorized the Chesapeake Bay Estuarine Resource Office within 
NOAA (P.L. 98-210). In 2002, to provide focus for NOAA's 
multiple programmatic capabilities and activities that support 
Chesapeake Bay restoration, Congress reauthorized section 307 
of the National Oceanic and Atmospheric Administration 
Authorization Act of 1992 and created the NOAA Chesapeake Bay 
Office (NCBO) as part of Public Law 107-372. That authority 
expired in 2006.
  The NCBO operates under a broad mission of understanding, 
predicting and explaining changes in the Chesapeake Bay's 
environment and conserving and managing coastal and estuarine 
resources to meet the region's economic, social and 
environmental needs. Its mission is focusing NOAA capabilities 
in science, service, and stewardship to protect and restore the 
Chesapeake Bay. NCBO represents all NOAA line offices, 
including the National Marine Fisheries Service (NMFS), the 
Office of Oceanic and Atmospheric Research (OAR), the National 
Ocean Service (NOS), the National Weather Service (NWS), and 
the National Environmental Satellite, Data, and Information 
Service (NESDIS). It provides a focal point within NOAA for 
Chesapeake Bay initiatives, involves all relevant NOAA entities 
in Bay restoration efforts, manages peer-reviewed NCBO-funded 
research, and strengthens NOAA's interactions with Chesapeake 
Bay partners that comprise the Chesapeake Bay Program. NCBO has 
offices within Maryland and Virginia to better coordinate with 
constituents and partners.
  Over the years, NOAA's work in the Chesapeake Bay has focused 
on three critical and interrelated areas: ecosystem science, 
coastal and living resources management, and environmental 
education. The agency's science and research programs, 
conducted in collaboration with major academic institutions, 
help decision-makers survey and assess trends in living 
resources, understand and evaluate the responses of these 
resources to changes in their environment, and establish 
management goals and progress indicators. Through the 
Chesapeake Bay Observing System and the next-generation 
Chesapeake Bay Integrated Buoy System, NOAA is providing 
monitoring data on environmental conditions and water quality 
in the Bay necessary to track Bay restoration progress. The 
NCBO's fish, shellfish and habitat restoration programs are 
helping to restore native oysters, blue crabs, and bay grasses 
throughout the watershed. NOAA's Bay Watershed Education and 
Training (B-WET) program is making hands-on watershed education 
and training available to students and teachers throughout the 
watershed, bringing marine and weather sciences into the 
classroom and helping to foster stewardship of the Bay.

                         Summary of Provisions

  The bill's major provisions would: (1) increase collaboration 
between the various programs and activities at NOAA to further 
the agency's coastal and marine resource stewardship mission; 
(2) improve Bay monitoring capabilities through support of an 
integrated observations system and the Chesapeake Bay 
Interpretative Buoy System; (3) strengthen the B-WET program; 
(4) support and encourage public/private partnerships to 
restore finfish and shellfish populations, submerged aquatic 
vegetation and other critical coastal habitat through 
aquaculture, stock enhancements, propagation, and other 
programs; and (5) ensure that Federal funds are spent on 
projects that have scientific and technical merit and are peer 
reviewed.

                          Legislative History

  On June 10, 2009, the Chesapeake Bay Science, Education, and 
Ecosystem Enhancement Act of 2009 was introduced by Senator 
Warner. Senators Mikulski, Cardin, and Webb are cosponsors of 
the legislation. The Senate Committee on Commerce, Science, and 
Transportation reported favorably the bill with a substitute 
amendment on November 19, 2009.
  Staff assigned to this legislation are Kristen Sarri, 
Democratic Professional Staff, and Todd Bertoson, Republican 
Senior Counsel.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                                 November 30, 2009.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1224, the Chesapeake 
Bay Science, Education, and Ecosystem Enhancement Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 1224--Chesapeake Bay Science, Education, and Ecosystem Enhancement 
        Act of 2009

    Summary: S. 1224 would reauthorize the Chesapeake Bay 
Office of the National Oceanic and Atmospheric Administration 
(NOAA). The bill would authorize appropriations totaling $79 
million over the 2011-2014 period to support certain activities 
carried out by the Chesapeake Bay Office. The bill also would 
authorize that 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 S. 1224 would cost $68 million over 
the 2011-2014 period and $11 million after 2014. Enacting the 
legislation would have no net impact on revenues or direct 
spending.
    S. 1224 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 S. 1224 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 Level1...................................        0       17       19       21       23          79
Estimated Outlays......................................        0       11       16       19       22         68
----------------------------------------------------------------------------------------------------------------
1Numbers in table do not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes the bill 
will be enacted early in calendar year 2010 and that the 
authorized amounts will be appropriated each year. Estimated 
outlays are based on historical spending patterns for NOAA's 
Chesapeake Bay Office.
    S. 1224 would authorize appropriations totaling $79 million 
over the 2011-2014 period for the Chesapeake Bay Office of 
NOAA. The bill would authorize that 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 office to carry out certain activities that 
would enhance watershed monitoring. Finally, the bill would 
require the office to prepare a biennial report for the 
Congress that identifies progress made in protecting and 
restoring the Bay.
    Additionally, S. 1224 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 office would not exceed 
$500,000 per year.
    Authorization for the Chesapeake Bay Office expired in 
2006. In fiscal years 2007 through 2009, the office received 
appropriations ranging from $12 million to $19 million 
annually, including $15 million in fiscal year 2009. It has not 
yet received a full-year appropriation for 2010.
    Intergovernmental and private-sector impact: S. 1224 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Previous CBO estimate: On August 20, 2009, CBO transmitted 
a cost estimate for H.R. 1771, the Chesapeake Bay Science, 
Education, and Ecosystem Enhancement Act of 2009, as ordered 
reported by the House Committee on Natural Resources on July 
29, 2009. The two bills are similar, and the CBO cost estimates 
are the same.
    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.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  The reported bill would not authorize any new regulations and 
therefore will not subject any individuals or businesses to new 
regulations.

                            ECONOMIC IMPACT

  The bill, as reported, is expected to have a positive impact 
on the nation's economy by improving stewardship of the 
Chesapeake Bay and increasing economic productivity.

                                PRIVACY

  The reported bill would not have any adverse impact on the 
personal privacy of individuals.

                               PAPERWORK

  The reported bill would not increase paperwork requirements 
for the private sector.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Short title

  This section would title the bill the Chesapeake Bay Science, 
Education, and Ecosystem Enhancement Act of 2009.

Section 2. Reauthorization of Chesapeake Bay Office of National Oceanic 
        and Atmospheric Administration

  Section 2 would amend section 307 of the National Oceanic and 
Atmospheric Administration Authorization Act of 1992 to 
reauthorize the NOAA Chesapeake Bay Office, and designate 
specific program activities. The authorized program activities 
would 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 newly authorized program activities would 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 would also direct the NOAA Administrator to 
submit a biennial report to Congress and allow the 
Administrator to enter into cooperative agreements, contracts, 
leases and grants. Finally, this section would authorize 
appropriations for fiscal year 2011 through fiscal year 2014.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, 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 material 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.

SEC. 307. CHESAPEAKE BAY OFFICE.

                           [15 U.S.C. 1511d]

  (a) Establishment.--
          [(1) The Secretary] (1) In general.--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.]
          (2) Director.--
                  (A) In general.--The Office shall be headed 
                by a Director who shall be selected by the 
                Secretary of Commerce from among individuals 
                who have knowledge and experience in research 
                or resource management efforts in the 
                Chesapeake Bay.
                  (B) Duties.--The duties of the Director are 
                as follows:
                          (i) Administration and operation of 
                        the Office.
                          (ii) Carrying out the provisions of 
                        this section.
          [(3) The Director may appoint such additional 
        personnel for the Office as the Director determines 
        necessary to carry out this section.]
  [(b) Functions.--The Office, in consultation with the 
Chesapeake Executive Council, shall--]
  (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) 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 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 with the programs and activities of 
        the National Oceanic and Atmospheric Administration in 
        furtherance of its coastal and ocean 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, resilient 
                        coastal communities, and climate 
                        change; and
                          (ix) research, scientific assessment, 
                        and adaptation to climate change; 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 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
          (6) perform such functions as may be 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 Director shall implement the 
        program activities required 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, using, to the extent 
                practicable, the capabilities of the Maryland 
                and Virginia Sea Grant Program;
                  (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; and
                  (C) ensure that all data and other products 
                generated by any project funded under this 
                section be provided to the Director.
          (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 and mapping.--
                  (A) In general.--The Director shall 
                collaborate with scientific and academic 
                institutions, State and Federal agencies, 
                nongovernmental organizations, and other 
                constituents in the Chesapeake Bay watershed, 
                to incorporate Chesapeake Bay observations into 
                the U.S. integrated Ocean Observation System, 
                and to coordinate coastal mapping requirements 
                and projects.
                  (B) Specific requirements.--To support the 
                actions described in subparagraph (A) and 
                provide a complete set of environmental 
                information for the Chesapeake Bay, the 
                Director shall--
                          (i) coordinate existing monitoring, 
                        observing, and mapping activities in 
                        the Chesapeake Bay;
                          (ii) identify new data collection 
                        needs and deploy new technologies, as 
                        appropriate;
                          (iii) facilitate the collection and 
                        analysis of the scientific information 
                        necessary for the management of living 
                        marine resources and the marine habitat 
                        associated with such resources;
                          (iv) coordinate with regional 
                        partners to manage and interpret the 
                        information described in clause (iii); 
                        and
                          (v) support regional partners to 
                        ensure the information described in 
                        clause (iii) is organized 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 shall--
                          (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, in 
                        keeping with the purposes of the 
                        Integrated Coastal and Ocean 
                        Observation System Act of 2009 (33 
                        U.S.C. 3601 et seq.).
          (5) Chesapeake bay watershed education and training 
        program.--
                  (A) In general.--The Director shall 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 on the 
                        day before the date of 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 most recent Chesapeake Bay 
                        Agreement.
                  (B) Grant program.--The Director shall, 
                subject to the availability of appropriations, 
                award grants 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 
                provide technical assistance to support the 
                education and training program established 
                under subparagraph (A) in collaboration with 
                the heads of other relevant Federal agencies.
          (6) Coastal and living resources management and 
        habitat program.--
                  (A) In general.--The Director shall 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 required 
                by subparagraph (A), 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;
                          (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) such other activities as the 
                        Director considers appropriate to carry 
                        out the program established under 
                        subparagraph (A).
  (d) Reports.--
          (1) In general.--The Director shall, not less 
        frequently than once every 2 years, submit to Congress 
        a report on--
                  (A) the activities of the Office; and
                  (B) progress made in protecting and restoring 
                the living resources and habitat of the 
                Chesapeake Bay.
          (2) Action plan.--Each report submitted under 
        paragraph (1) 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 the 
                activities of the National Oceanic and 
                Atmospheric Administration with the activities 
                of the partners in the Chesapeake Bay Program 
                in order to meet the commitments of the 
                Chesapeake Bay Agreement.
  (e) Agreements.--
          (1) In general.--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 
        provisions of this section.
          (2) Use of other resources.--For purposes of 
        understanding, protecting, and restoring the Chesapeake 
        Bay, the Director may use, 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 if the Director receives 
        consent from the Department, agency, instrumentality, 
        State, government, or political subdivision concerned 
        for such use.
          (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 bay program.--The term ``Chesapeake 
        Bay Program'' means the regional Chesapeake Bay 
        restoration partnership that includes Maryland, 
        Pennsylvania, Virginia, the District of Columbia, the 
        Chesapeake Bay Commission, the Environmental Protection 
        Agency, other appropriate Federal agencies, and 
        participating citizen and local elected official 
        advisory groups.
          (4) 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.
          (5) Director.--The term ``Director'' means the 
        Director of the Chesapeake Bay Office.
          (6) Office.--The term ``Office'' means the Chesapeake 
        Bay Office established under subsection (a).
  (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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