U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

89–010 

" ! SENATE 

111TH CONGRESS

2d Session 

REPORT

2010

111–126 

Calendar No. 272 

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 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED ELEVENTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JOHN ENSIGN, Nevada 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

GEORGE S. LEMIEUX, Florida 

JOHNNY ISAKSON, Georgia 

DAVID VITTER, Louisiana 

SAM BROWNBACK, Kansas 

MIKE JOHANNS, Nebraska 

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 


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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 

R E P O R T 

[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 shellVerDate Nov 24 2008 04:52 Feb 24, 2010 Jkt 089010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6601 E:\HR\OC\SR126.XXX SR126

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fish 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. 


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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. 


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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 Level 1 ............................................................... 0 17 19 21 23 79 

Estimated Outlays .................................................................. 0 11 16 19 22 68 

1 Numbers 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. 


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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 


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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.— 

ø(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 ø(in this section referred to as the ‘‘Office’’).¿. 

ø(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. 

ø(3) The Director may appoint such additional personnel for 

the Office as the Director determines necessary to carry out 

this section.¿ 

ø(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; 


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(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 øSecretary 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; 

ø(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; øand¿ 

(vii) atmospheric deposition; øand¿ 

(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 

environmentsø; 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; 

ø(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;¿ 

ø(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 


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(6) perform such functions as may be necessary to support the 

programs referred to in paragraph (3). 

ø(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— 

ø(A) a list of recommended research, monitoring, and 

data collection activities necessary to continue implementation of the strategy described in paragraph (2); and 

ø(B) proposals for— 

ø(i) continuing any new National Oceanic and Atmospheric Administration activities in the Chesapeake 

Bay; and 

ø(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. 

ø(c) CHESAPEAKE BAY FISHERY AND HABITAT RESTORATION SMALL

WATERSHED GRANTS PROGRAM.— 

ø(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. 

ø(2) PROJECTS.— 

ø(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. 

ø(B) FEDERAL SHARE.—The Federal share under subparagraph (A) shall not exceed 75 percent. 

ø(C) TYPES OF PROJECTS.—Projects for which grants may 

be made under this subsection include— 

ø(i) the improvement of fish passageways; 

ø(ii) the creation of natural or artificial reefs or substrata for habitats; 

ø(iii) the restoration of wetland or sea grass; 

ø(iv) the production of oysters for restoration 

projects; and 

ø(v) the prevention, identification, and control of 

nonindigenous species. 

ø(3) ELIGIBLE ENTITIES.—The following entities are eligible 

to receive grants under this subsection: 

ø(A) The government of a political subdivision of a State 

in the Chesapeake Bay watershed, and the government of 

the District of Columbia. 

ø(B) An organization in the Chesapeake Bay watershed 

(such as an educational institution or a community organization)— 


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ø(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 

ø(ii) that will administer such grants in coordination 

with a government referred to in subparagraph (A). 

ø(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. 

ø(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. 

ø(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. 


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(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 

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standing 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; 


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(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. 


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(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. 

Æ 


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