II 

Calendar No. 272 

111TH CONGRESS 

2D SESSION S. 1224 

[Report No. 111–126] 

To reauthorize the Chesapeake Bay Office of the National Oceanic and 

Atmospheric Administration, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 10, 2009 

Mr. WARNER (for himself, Ms. MIKULSKI, Mr. CARDIN, and Mr. WEBB) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

FEBRUARY 23, 2010 

Reported by Mr. ROCKEFELLER, with an amendment 

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

A BILL 

To reauthorize the Chesapeake Bay Office of the National 

Oceanic and Atmospheric Administration, and for other 

purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Chesapeake Bay 

3 Science, Education, and Ecosystem Enhancement Act of 

4 2009’’. 

5 SEC. 2. REAUTHORIZATION OF CHESAPEAKE BAY OFFICE 

6 OF NATIONAL OCEANIC AND ATMOSPHERIC 

7 ADMINISTRATION. 

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)— 

13 (i) by striking ‘‘(1) The Secretary’’ 

14 and inserting the following: 

15 ‘‘(1) IN GENERAL.—The Secretary’’; and 

16 (ii) by striking ‘‘(in this section’’ and 

17 all that follows and inserting a period; 

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

19 follows: 

20 ‘‘(2) DIRECTOR.— 

21 ‘‘(A) IN GENERAL.—The Office shall be 

22 headed by a Director who shall be selected by 

23 the Secretary of Commerce from among individ24 uals who have knowledge and experience in re25 search or resource management efforts in the 

26 Chesapeake Bay. 


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1 ‘‘(B) DUTIES.—The duties of the Director 

2 are as follows: 

3 ‘‘(i) Administration and operation of 

4 the Office. 

5 ‘‘(ii) Carrying out the provisions of 

6 this section.’’; and 

7 (C) by striking paragraph (3); 

8 (2) in subsection (b)— 

9 (A) by striking the matter preceding para10 graph (1) and inserting the following: 

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

12 focus the relevant science, research, and resource manage13 ment capabilities of the National Oceanic and Atmospheric 

14 Administration as they apply to the Chesapeake Bay and 

15 to utilize the Office to—’’; 

16 (B) in paragraph (2), by striking ‘‘Sec17 retary of Commerce’’ and inserting ‘‘Adminis18 trator’’; 

19 (C) in paragraph (3)— 

20 (i) by striking the matter preceding 

21 subparagraph (A) and inserting the fol22 lowing: 

23 ‘‘(3) coordinate with the programs and activi24 ties of the various organizations within the National 

25 Oceanic and Atmospheric Administration in furtherVerDate Nov 24 2008 23:20 Feb 23, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1224.RS S1224

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1 ance of such administration’s coastal resource stew2 ardship mission, including—’’; 

3 (ii) in subparagraph (A)— 

4 (I) in clause (vi), by striking ‘‘; 

5 and’’ and inserting a semicolon; and 

6 (II) by inserting after clause (vii) 

7 the following: 

8 ‘‘(viii) coastal hazards and climate 

9 change; and’’; and 

10 (iii) in subparagraph (B)— 

11 (I) in clause (iii), by striking ‘‘; 

12 and’’ and inserting a semicolon; 

13 (II) in clause (iv), by adding 

14 ‘‘and’’ at the end; and 

15 (III) by adding at the end the 

16 following: 

17 ‘‘(v) integrated ecosystem assess18 ments;’’; 

19 (D) in paragraph (4), by inserting before 

20 the semicolon at the end the following: ‘‘as ap21 propriate to further the purposes of this sec22 tion’’; 

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

24 (F) by redesignating paragraph (6) as 

25 paragraph (5); 


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1 (G) in paragraph (5), as redesignated by 

2 subparagraph (F), by adding ‘‘and’’ at the end; 

3 and 

4 (H) by adding at the end the following: 

5 ‘‘(6) perform such functions as may be nec6 essary to support the programs referred to in para7 graph (3)’’; and 

8 (3) by striking subsection (c) and all that fol9 lows through the end of the section and inserting the 

10 following: 

11 ‘‘(c) PROGRAM ACTIVITIES.— 

12 ‘‘(1) IN GENERAL.—The Director shall imple13 ment the program activities required by this sub14 section to support the activity of the Chesapeake Ex15 ecutive Council and to further the purposes of this 

16 section. 

17 ‘‘(2) ENSURING SCIENTIFIC AND TECHNICAL

18 MERIT.—The Director shall— 

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

20 transparent mechanism to ensure that projects 

21 funded under this section have undergone ap22 propriate peer review, using, to the extent prac23 ticable, the capabilities of the Maryland and 

24 Virginia Sea Grant Program; 


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1 ‘‘(B) provide other appropriate means to 

2 determine that such projects have acceptable 

3 scientific and technical merit for the purpose of 

4 achieving maximum utilization of available 

5 funds and resources to benefit the Chesapeake 

6 Bay area; and 

7 ‘‘(C) ensure that all data and other prod8 ucts generated by any project funded under this 

9 section be provided to the Director. 

10 ‘‘(3) CONSULTATION WITH CHESAPEAKE EXEC11 UTIVE COUNCIL.—The Director shall, in the imple12 mentation of the program activities authorized under 

13 this section, consult with the Chesapeake Executive 

14 Council to ensure that the activities of the Office are 

15 consistent with the purposes and priorities of the 

16 Chesapeake Bay Agreement and plans developed 

17 pursuant to the Agreement. 

18 ‘‘(4) INTEGRATED COASTAL OBSERVATIONS.— 

19 ‘‘(A) IN GENERAL.—The Director shall col20 laborate with scientific and academic institu21 tions, State and Federal agencies, nongovern22 mental organizations, and other constituents in 

23 the Chesapeake Bay watershed, to support the 

24 development of an integrated observations sys25 tem for the Chesapeake Bay. 


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1 ‘‘(B) SPECIFIC REQUIREMENTS.—To sup2 port the system referred to in subparagraph (A) 

3 and provide a complete set of environmental in4 formation for the Chesapeake Bay, the Director 

5 shall— 

6 ‘‘(i) coordinate existing monitoring 

7 and observing activities in the Chesapeake 

8 Bay; 

9 ‘‘(ii) identify new data collection needs 

10 and deploy new technologies, as appro11 priate; 

12 ‘‘(iii) facilitate the collection and anal13 ysis of the scientific information necessary 

14 for the management of living marine re15 sources and the marine habitat associated 

16 with such resources; 

17 ‘‘(iv) coordinate with regional partners 

18 to manage and interpret the information 

19 described in clause (iii); and 

20 ‘‘(v) support regional partners to en21 sure the information described in clause 

22 (iii) is organized into products that are 

23 useful to policy makers, resource man24 agers, scientists, and the public. 


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1 ‘‘(C) CHESAPEAKE BAY INTERPRETIVE

2 BUOY SYSTEM.—To further the development 

3 and implementation of the Chesapeake Bay In4 terpretive Buoy System, the Director shall— 

5 ‘‘(i) support the establishment and 

6 implementation of the Captain John Smith 

7 Chesapeake National Historic Trail; 

8 ‘‘(ii) delineate key waypoints along the 

9 trail and provide appropriate real-time 

10 data and information for trail users; 

11 ‘‘(iii) interpret data and information 

12 for use by educators and students to in13 spire stewardship of Chesapeake Bay; and 

14 ‘‘(iv) incorporate the Chesapeake Bay 

15 Interpretive Buoy System into the Inte16 grated Ocean Observing System regional 

17 network of observatories. 

18 ‘‘(5) CHESAPEAKE BAY WATERSHED EDU19 CATION AND TRAINING PROGRAM.— 

20 ‘‘(A) IN GENERAL.—The Director shall es21 tablish a Chesapeake Bay watershed education 

22 and training program. The program shall— 

23 ‘‘(i) continue and expand the Chesa24 peake Bay watershed education programs 

25 offered by the Office on the day before the 


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1 date of the enactment of the Chesapeake 

2 Bay Science, Education, and Ecosystem 

3 Enhancement Act of 2009; 

4 ‘‘(ii) improve the understanding of el5 ementary and secondary school students 

6 and teachers of the living resources of the 

7 ecosystem of the Chesapeake Bay; 

8 ‘‘(iii) provide community education to 

9 improve watershed protection; and 

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

11 most recent Chesapeake Bay Agreement. 

12 ‘‘(B) GRANT PROGRAM.—The Director 

13 may award grants to support education and 

14 training projects that enhance understanding 

15 and assessment of a specific environmental 

16 problem in the Chesapeake Bay watershed or a 

17 goal of the Chesapeake Bay Program, or pro18 tect or restore living resources of the Chesa19 peake Bay watershed, including projects that— 

20 ‘‘(i) provide classroom education, in21 cluding the development and use of dis22 tance learning and other innovative tech23 nologies, related to the Chesapeake Bay 

24 watershed; 


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1 ‘‘(ii) provide watershed educational 

2 experiences in the Chesapeake Bay water3 shed; 

4 ‘‘(iii) provide professional development 

5 for teachers related to the Chesapeake Bay 

6 watershed and the dissemination of perti7 nent education materials oriented to vary8 ing grade levels; 

9 ‘‘(iv) demonstrate or disseminate envi10 ronmental educational tools and materials 

11 related to the Chesapeake Bay watershed; 

12 ‘‘(v) demonstrate field methods, prac13 tices, and techniques including assessment 

14 of environmental and ecological conditions 

15 and analysis of environmental problems; 

16 ‘‘(vi) build the capacity of organiza17 tions to deliver high quality environmental 

18 education programs; and 

19 ‘‘(vii) educate local land use officials 

20 and decision makers on the relationship of 

21 land use to natural resource and watershed 

22 protection. 

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

24 provide technical assistance to support the edu25 cation and training program established under 


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1 subparagraph (A) in collaboration with the 

2 heads of other relevant Federal agencies. 

3 ‘‘(6) COASTAL AND LIVING RESOURCES MAN4 AGEMENT AND HABITAT PROGRAM.— 

5 ‘‘(A) IN GENERAL.—The Director shall es6 tablish a Chesapeake Bay coastal living re7 sources management and habitat program to 

8 support coordinated management, protection, 

9 characterization, and restoration of priority 

10 Chesapeake Bay habitats and living resources, 

11 including oysters, blue crabs, and submerged 

12 aquatic vegetation. 

13 ‘‘(B) ACTIVITIES.—Under the program re14 quired by subparagraph (A), the Director may, 

15 subject to the availability of appropriations, 

16 carry out or enter into grants, contracts, and 

17 cooperative agreements and provide technical 

18 assistance to support— 

19 ‘‘(i) native oyster restoration; 

20 ‘‘(ii) fish and shellfish aquaculture; 

21 ‘‘(iii) establishment of submerged 

22 aquatic vegetation propagation programs; 

23 ‘‘(iv) the development of programs 

24 that protect and restore critical coastal 

25 habitats; 


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1 ‘‘(v) habitat mapping, characteriza2 tion, and assessment techniques necessary 

3 to identify, assess, and monitor restoration 

4 actions; 

5 ‘‘(vi) application and transfer of ap6 plied scientific research and ecosystem 

7 management tools to fisheries and habitat 

8 managers; 

9 ‘‘(vii) collection, synthesis, and shar10 ing of information to inform and influence 

11 coastal and living resource management 

12 issues; and 

13 ‘‘(viii) such other activities as the Di14 rector considers appropriate to carry out 

15 the program established under subpara16 graph (A). 

17 ‘‘(d) REPORTS.— 

18 ‘‘(1) IN GENERAL.—The Director shall, not less 

19 frequently than once every 2 years, submit to Con20 gress a report on— 

21 ‘‘(A) the activities of the Office; and 

22 ‘‘(B) progress made in protecting and re23 storing the living resources and habitat of the 

24 Chesapeake Bay. 


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1 ‘‘(2) ACTION PLAN.—Each report submitted 

2 under paragraph (1) shall include an action plan for 

3 the 2-year period following submission of the report, 

4 consisting of— 

5 ‘‘(A) a list of recommended research, moni6 toring, and data collection activities necessary 

7 to continue implementation of the strategy 

8 under subsection (b)(2); and 

9 ‘‘(B) recommendations to integrate the ac10 tivities of the National Oceanic and Atmos11 pheric Administration with the activities of the 

12 partners in the Chesapeake Bay Program in 

13 order to meet the commitments of the Chesa14 peake Bay Agreement. 

15 ‘‘(e) AGREEMENTS.— 

16 ‘‘(1) IN GENERAL.—The Director may, subject 

17 to the availability of appropriations, enter into and 

18 perform such contracts, leases, grants, or coopera19 tive agreements as may be necessary to carry out 

20 the provisions of this section. 

21 ‘‘(2) USE OF OTHER RESOURCES.—For pur22 poses of understanding, protecting, and restoring the 

23 Chesapeake Bay, the Director may use, with or 

24 without reimbursement, the land, services, equip25 ment, personnel, and facilities of any Department, 


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1 agency, or instrumentality of the United States, or 

2 of any State, local government, Indian tribal govern3 ment, or of any political subdivision thereof if the 

4 Director receives consent from the Department, 

5 agency, instrumentality, State, government, or polit6 ical subdivision concerned for such use. 

7 ‘‘(3) DONATIONS.—The Director may accept 

8 donations of funds, other property, and services for 

9 use in understanding, protecting, and restoring the 

10 Chesapeake Bay. Donations accepted under this sec11 tion shall be considered as a gift or bequest to or for 

12 the use of the United States. 

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

14 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis15 trator’ means the Administrator of the National 

16 Oceanic and Atmospheric Administration. 

17 ‘‘(2) CHESAPEAKE BAY AGREEMENT.—The 

18 term ‘Chesapeake Bay Agreement’ means the for19 mal, voluntary agreements executed to achieve the 

20 goal of restoring and protecting the Chesapeake Bay 

21 ecosystem and the living resources of the Chesa22 peake Bay ecosystem and are signed by the Chesa23 peake Executive Council. 

24 ‘‘(3) CHESAPEAKE BAY PROGRAM.—The term 

25 ‘Chesapeake Bay Program’ means the regional 


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1 Chesapeake Bay restoration partnership that in2 cludes Maryland, Pennsylvania, Virginia, the Dis3 trict of Columbia, the Chesapeake Bay Commission, 

4 the Environmental Protection Agency, other appro5 priate Federal agencies, and participating citizen 

6 and local elected official advisory groups. 

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

8 term ‘Chesapeake Executive Council’ means the rep9 resentatives from the Commonwealth of Virginia, the 

10 State of Maryland, the Commonwealth of Pennsyl11 vania, the Environmental Protection Agency, the 

12 District of Columbia, and the Chesapeake Bay Com13 mission, who are signatories to the Chesapeake Bay 

14 Agreement, and any future signatories to that agree15 ment. 

16 ‘‘(5) DIRECTOR.—The term ‘Director’ means 

17 the Director of the Chesapeake Bay Office. 

18 ‘‘(6) OFFICE.—The term ‘Office’ means the 

19 Chesapeake Bay Office established under subsection 

20 (a). 

21 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

22 is authorized to be appropriated to the Secretary to carry 

23 out this section— 

24 ‘‘(1) $17,000,000 for fiscal year 2011; 

25 ‘‘(2) $18,700,000 for fiscal year 2012; 


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1 ‘‘(3) $20,570,000 for fiscal year 2013; and 

2 ‘‘(4) $22,627,000 for fiscal year 2014.’’. 

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 CHESAPEAKE BAY OFFICE 

7 OF NATIONAL OCEANIC AND ATMOSPHERIC 

8 ADMINISTRATION. 

9 Section 307 of the National Oceanic and Atmospheric 

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

11 1511d) is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1)— 

14 (i) by striking ‘‘(1) The Secretary’’ 

15 and inserting the following: 

16 ‘‘(1) IN GENERAL.—The Secretary’’; and 

17 (ii) by striking ‘‘(in this section’’ and 

18 all that follows and inserting a period; 

19 (B) by striking paragraph (2) and inserting 

20 the following: 

21 ‘‘(2) DIRECTOR.— 

22 ‘‘(A) IN GENERAL.—The Office shall be 

23 headed by a Director who shall be selected by the 

24 Secretary of Commerce from among individuals 

25 who have knowledge and experience in research 


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1 or resource management efforts in the Chesa2 peake Bay. 

3 ‘‘(B) DUTIES.—The duties of the Director 

4 are as follows: 

5 ‘‘(i) Administration and operation of 

6 the Office. 

7 ‘‘(ii) Carrying out the provisions of 

8 this section.’’; and 

9 (C) by striking paragraph (3); 

10 (2) in subsection (b)— 

11 (A) by striking the matter preceding para12 graph (1) and inserting the following: 

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

14 the relevant science, research, and resource management ca15 pabilities of the National Oceanic and Atmospheric Admin16 istration as they apply to the Chesapeake Bay and to utilize 

17 the Office to—’’; 

18 (B) in paragraph (2), by striking ‘‘Sec19 retary of Commerce’’ and inserting ‘‘Adminis20 trator’’; 

21 (C) in paragraph (3)— 

22 (i) by striking the matter preceding 

23 subparagraph (A) and inserting the fol24 lowing: 


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1 ‘‘(3) coordinate with the programs and activities 

2 of the National Oceanic and Atmospheric Administra3 tion in furtherance of its coastal and ocean resource 

4 stewardship mission, including—’’; 

5 (ii) in subparagraph (A)— 

6 (I) by striking ‘‘and’’ after the 

7 semicolon in clauses (vi) and (vii); and 

8 (II) by inserting after clause (vii) 

9 the following: 

10 ‘‘(viii) coastal hazards, resilient coastal 

11 communities, and climate change; and 

12 ‘‘(ix) research, scientific assessment, 

13 and adaptation to climate change; and’’; 

14 and 

15 (iii) in subparagraph (B)— 

16 (I) in clause (iii), by striking ‘‘; 

17 and’’ and inserting a semicolon; 

18 (II) in clause (iv), by adding 

19 ‘‘and’’ at the end; and 

20 (III) by adding at the end the fol21 lowing: 

22 ‘‘(v) integrated ecosystem assess23 ments;’’; 


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1 (D) in paragraph (4), by inserting before 

2 the semicolon at the end the following: ‘‘as ap3 propriate to further the purposes of this section’’; 

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

5 (F) by redesignating paragraph (6) as 

6 paragraph (5); and 

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

8 ‘‘(6) perform such functions as may be necessary 

9 to support the programs referred to in paragraph 

10 (3).’’; and 

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

12 through the end of the section and inserting the fol13 lowing: 

14 ‘‘(c) PROGRAM ACTIVITIES.— 

15 ‘‘(1) IN GENERAL.—The Director shall imple16 ment the program activities required by this sub17 section to support the activity of the Chesapeake Exec18 utive Council and to further the purposes of this sec19 tion. 

20 ‘‘(2) ENSURING SCIENTIFIC AND TECHNICAL

21 MERIT.—The Director shall— 

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

23 transparent mechanism to ensure that projects 

24 funded under this section have undergone appro25 priate peer review, using, to the extent pracVerDate Nov 24 2008 23:20 Feb 23, 2010 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\S1224.RS S1224

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1 ticable, the capabilities of the Maryland and Vir2 ginia Sea Grant Program; 

3 ‘‘(B) provide other appropriate means to 

4 determine that such projects have acceptable sci5 entific and technical merit for the purpose of 

6 achieving maximum utilization of available 

7 funds and resources to benefit the Chesapeake 

8 Bay area; and 

9 ‘‘(C) ensure that all data and other prod10 ucts generated by any project funded under this 

11 section be provided to the Director. 

12 ‘‘(3) CONSULTATION WITH CHESAPEAKE EXECU13 TIVE COUNCIL.—The Director shall, in the implemen14 tation of the program activities authorized under this 

15 section, consult with the Chesapeake Executive Coun16 cil to ensure that the activities of the Office are con17 sistent with the purposes and priorities of the Chesa18 peake Bay Agreement and plans developed pursuant 

19 to the Agreement. 

20 ‘‘(4) INTEGRATED COASTAL OBSERVATIONS AND

21 MAPPING.— 

22 ‘‘(A) IN GENERAL.—The Director shall col23 laborate with scientific and academic institu24 tions, State and Federal agencies, nongovern25 mental organizations, and other constituents in 


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1 the Chesapeake Bay watershed, to incorporate 

2 Chesapeake Bay observations into the U.S. inte3 grated Ocean Observation System, and to coordi4 nate coastal mapping requirements and projects. 

5 ‘‘(B) SPECIFIC REQUIREMENTS.—To sup6 port the actions described in subparagraph (A) 

7 and provide a complete set of environmental in8 formation for the Chesapeake Bay, the Director 

9 shall— 

10 ‘‘(i) coordinate existing monitoring, 

11 observing, and mapping activities in the 

12 Chesapeake Bay; 

13 ‘‘(ii) identify new data collection needs 

14 and deploy new technologies, as appro15 priate; 

16 ‘‘(iii) facilitate the collection and anal17 ysis of the scientific information necessary 

18 for the management of living marine re19 sources and the marine habitat associated 

20 with such resources; 

21 ‘‘(iv) coordinate with regional partners 

22 to manage and interpret the information 

23 described in clause (iii); and 

24 ‘‘(v) support regional partners to en25 sure the information described in clause 


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1 (iii) is organized into products that are use2 ful to policy makers, resource managers, sci3 entists, and the public. 

4 ‘‘(C) CHESAPEAKE BAY INTERPRETIVE BUOY

5 SYSTEM.—To further the development and imple6 mentation of the Chesapeake Bay Interpretive 

7 Buoy System, the Director shall— 

8 ‘‘(i) support the establishment and im9 plementation of the Captain John Smith 

10 Chesapeake National Historic Trail; 

11 ‘‘(ii) delineate key waypoints along the 

12 trail and provide appropriate real-time 

13 data and information for trail users; 

14 ‘‘(iii) interpret data and information 

15 for use by educators and students to inspire 

16 stewardship of Chesapeake Bay; and 

17 ‘‘(iv) incorporate the Chesapeake Bay 

18 Interpretive Buoy System into the Inte19 grated Ocean Observing System regional 

20 network of observatories, in keeping with the 

21 purposes of the Integrated Coastal and 

22 Ocean Observation System Act of 2009 (33 

23 U.S.C. 3601 et seq.). 

24 ‘‘(5) CHESAPEAKE BAY WATERSHED EDUCATION

25 AND TRAINING PROGRAM.— 


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1 ‘‘(A) IN GENERAL.—The Director shall es2 tablish a Chesapeake Bay watershed education 

3 and training program. The program shall— 

4 ‘‘(i) continue and expand the Chesa5 peake Bay watershed education programs 

6 offered by the Office on the day before the 

7 date of the enactment of the Chesapeake Bay 

8 Science, Education, and Ecosystem En9 hancement Act of 2009; 

10 ‘‘(ii) improve the understanding of ele11 mentary and secondary school students and 

12 teachers of the living resources of the eco13 system of the Chesapeake Bay; 

14 ‘‘(iii) provide community education to 

15 improve watershed protection; and 

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

17 most recent Chesapeake Bay Agreement. 

18 ‘‘(B) GRANT PROGRAM.—The Director shall, 

19 subject to the availability of appropriations, 

20 award grants to support education and training 

21 projects that enhance understanding and assess22 ment of a specific environmental problem in the 

23 Chesapeake Bay watershed or a goal of the 

24 Chesapeake Bay Program, or protect or restore 


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1 living resources of the Chesapeake Bay water2 shed, including projects that— 

3 ‘‘(i) provide classroom education, in4 cluding the development and use of distance 

5 learning and other innovative technologies, 

6 related to the Chesapeake Bay watershed; 

7 ‘‘(ii) provide watershed educational ex8 periences in the Chesapeake Bay watershed; 

9 ‘‘(iii) provide professional development 

10 for teachers related to the Chesapeake Bay 

11 watershed and the dissemination of perti12 nent education materials oriented to vary13 ing grade levels; 

14 ‘‘(iv) demonstrate or disseminate envi15 ronmental educational tools and materials 

16 related to the Chesapeake Bay watershed; 

17 ‘‘(v) demonstrate field methods, prac18 tices, and techniques including assessment 

19 of environmental and ecological conditions 

20 and analysis of environmental problems; 

21 ‘‘(vi) build the capacity of organiza22 tions to deliver high quality environmental 

23 education programs; and 

24 ‘‘(vii) educate local land use officials 

25 and decision makers on the relationship of 


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1 land use to natural resource and watershed 

2 protection. 

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

4 provide technical assistance to support the edu5 cation and training program established under 

6 subparagraph (A) in collaboration with the 

7 heads of other relevant Federal agencies. 

8 ‘‘(6) COASTAL AND LIVING RESOURCES MANAGE9 MENT AND HABITAT PROGRAM.— 

10 ‘‘(A) IN GENERAL.—The Director shall es11 tablish a Chesapeake Bay coastal living resources 

12 management and habitat program to support co13 ordinated management, protection, characteriza14 tion, and restoration of priority Chesapeake Bay 

15 habitats and living resources, including oysters, 

16 blue crabs, and submerged aquatic vegetation. 

17 ‘‘(B) ACTIVITIES.—Under the program re18 quired by subparagraph (A), the Director may, 

19 subject to the availability of appropriations, 

20 carry out or enter into grants, contracts, and co21 operative agreements and provide technical as22 sistance to support— 

23 ‘‘(i) native oyster restoration; 

24 ‘‘(ii) fish and shellfish aquaculture; 


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1 ‘‘(iii) establishment of submerged 

2 aquatic vegetation propagation programs; 

3 ‘‘(iv) the development of programs that 

4 protect and restore critical coastal habitats; 

5 ‘‘(v) habitat mapping, characteriza6 tion, and assessment techniques necessary to 

7 identify, assess, and monitor restoration ac8 tions; 

9 ‘‘(vi) application and transfer of ap10 plied scientific research and ecosystem man11 agement tools to fisheries and habitat man12 agers; 

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

14 of information to inform and influence 

15 coastal and living resource management 

16 issues; and 

17 ‘‘(viii) such other activities as the Di18 rector considers appropriate to carry out 

19 the program established under subpara20 graph (A). 

21 ‘‘(d) REPORTS.— 

22 ‘‘(1) IN GENERAL.—The Director shall, not less 

23 frequently than once every 2 years, submit to Con24 gress a report on— 

25 ‘‘(A) the activities of the Office; and 


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•S 1224 RS

1 ‘‘(B) progress made in protecting and re2 storing the living resources and habitat of the 

3 Chesapeake Bay. 

4 ‘‘(2) ACTION PLAN.—Each report submitted 

5 under paragraph (1) shall include an action plan for 

6 the 2-year period following submission of the report, 

7 consisting of— 

8 ‘‘(A) a list of recommended research, moni9 toring, and data collection activities necessary to 

10 continue implementation of the strategy under 

11 subsection (b)(2); and 

12 ‘‘(B) recommendations to integrate the ac13 tivities of the National Oceanic and Atmospheric 

14 Administration with the activities of the part15 ners in the Chesapeake Bay Program in order to 

16 meet the commitments of the Chesapeake Bay 

17 Agreement. 

18 ‘‘(e) AGREEMENTS.— 

19 ‘‘(1) IN GENERAL.—The Director may, subject to 

20 the availability of appropriations, enter into and per21 form such contracts, leases, grants, or cooperative 

22 agreements as may be necessary to carry out the pro23 visions of this section. 

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

25 of understanding, protecting, and restoring the ChesaVerDate Nov 24 2008 23:20 Feb 23, 2010 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\S1224.RS S1224

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•S 1224 RS

1 peake Bay, the Director may use, with or without re2 imbursement, the land, services, equipment, personnel, 

3 and facilities of any Department, agency, or instru4 mentality of the United States, or of any State, local 

5 government, Indian tribal government, or of any po6 litical subdivision thereof if the Director receives con7 sent from the Department, agency, instrumentality, 

8 State, government, or political subdivision concerned 

9 for such use. 

10 ‘‘(3) DONATIONS.—The Director may accept do11 nations of funds, other property, and services for use 

12 in understanding, protecting, and restoring the 

13 Chesapeake Bay. Donations accepted under this sec14 tion shall be considered as a gift or bequest to or for 

15 the use of the United States. 

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

17 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis18 trator’ means the Administrator of the National Oce19 anic and Atmospheric Administration. 

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

21 ‘Chesapeake Bay Agreement’ means the formal, vol22 untary agreements executed to achieve the goal of re23 storing and protecting the Chesapeake Bay ecosystem 

24 and the living resources of the Chesapeake Bay ecoVerDate Nov 24 2008 23:20 Feb 23, 2010 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\S1224.RS S1224

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1 system and are signed by the Chesapeake Executive 

2 Council. 

3 ‘‘(3) CHESAPEAKE BAY PROGRAM.—The term 

4 ‘Chesapeake Bay Program’ means the regional Chesa5 peake Bay restoration partnership that includes 

6 Maryland, Pennsylvania, Virginia, the District of Co7 lumbia, the Chesapeake Bay Commission, the Envi8 ronmental Protection Agency, other appropriate Fed9 eral agencies, and participating citizen and local 

10 elected official advisory groups. 

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

12 term ‘Chesapeake Executive Council’ means the rep13 resentatives from the Commonwealth of Virginia, the 

14 State of Maryland, the Commonwealth of Pennsyl15 vania, the Environmental Protection Agency, the Dis16 trict of Columbia, and the Chesapeake Bay Commis17 sion, who are signatories to the Chesapeake Bay 

18 Agreement, and any future signatories to that agree19 ment. 

20 ‘‘(5) DIRECTOR.—The term ‘Director’ means the 

21 Director of the Chesapeake Bay Office. 

22 ‘‘(6) OFFICE.—The term ‘Office’ means the 

23 Chesapeake Bay Office established under subsection 

24 (a). 


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

2 authorized to be appropriated to the Secretary to carry out 

3 this section— 

4 ‘‘(1) $17,000,000 for fiscal year 2011; 

5 ‘‘(2) $18,700,000 for fiscal year 2012; 

6 ‘‘(3) $20,570,000 for fiscal year 2013; and 

7 ‘‘(4) $22,627,000 for fiscal year 2014.’’. 


hsrobinson on DSK69SOYB1PROD with BILLS

hsrobinson on DSK69SOYB1PROD with BILLS
Calendar No. 272 

111TH CONGRESS 

2D SESSION S. 1224 

[Report No. 111–126] 

A BILL 

To reauthorize the Chesapeake Bay Office of the 

tion, and for other purposes. National Oceanic and Atmospheric AdministraFEBRUARY 23, 2010 

Reported with an amendment 


hsrobinson on DSK69SOYB1PROD with BILLS