I 

112TH CONGRESS 

1ST SESSION H. R. 1650 

To reauthorize the Chesapeake Bay Office of the National Oceanic and 

Atmospheric Administration, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2011 

Mr. SARBANES introduced the following bill; which was referred to the 

Committee on Natural Resources 

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, 

3 SECTION 1. SHORT TITLE. 

4 This act may be cited as the ‘‘Chesapeake Bay 

5 Science, Education, and Ecosystem Enhancement Act of 

6 2011’’. 


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1 SEC. 2. REAUTHORIZATION OF NOAA CHESAPEAKE BAY OF2 FICE. 

3 Section 307 of the National Oceanic and Atmospheric 

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

5 1511d) is amended— 

6 (1) in subsection (a)— 

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

8 section’’ and all that follows and inserting a pe9 riod; 

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

11 follows: 

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

13 who— 

14 ‘‘(A) shall have knowledge and experience 

15 in research or resource management efforts in 

16 the Chesapeake Bay; and 

17 ‘‘(B) shall be responsible for the adminis18 tration and operation of the office and the im19 plementation of this Act’’; and 

20 (C) by striking paragraph (3); 

21 (2) in subsection (b)— 

22 (A) by striking so much as precedes para23 graph (1) and inserting the following: 

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

25 focus the relevant science, research, and resource manage26 ment capabilities of the National Oceanic and Atmospheric 


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1 Administration as they apply to the Chesapeake Bay and 

2 to utilize the Office to—’’; 

3 (B) in paragraph (2), by striking ‘‘Sec4 retary of Commerce’’ and inserting ‘‘Adminis5 trator’’; 

6 (C) in paragraph (3)— 

7 (i) by striking the matter preceding 

8 subparagraph (A) and inserting the fol9 lowing: 

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

11 the various organizations within the National Oce12 anic and Atmospheric Administration in furtherance 

13 of such administrations’ coastal resource steward14 ship mission, including—’’; 

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

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

17 clause (vi), and by inserting after clause 

18 (vii) the following: 

19 ‘‘(i) coastal hazards and climate 

20 change; and’’; and 

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

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

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

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

25 adding at the end the following: 


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1 ‘‘(v) integrated ecosystem assess2 ments;’’; 

3 (D) in paragraph (4)— 

4 (i) by striking ‘‘Environmental Pro5 tection Agency’’ and inserting ‘‘Chesapeake 

6 Executive Council’’; and 

7 (ii) by inserting before the semicolon 

8 at the end the following: ‘‘as appropriate to 

9 further purposes of this section’’; 

10 (E) by striking paragraph (5) and (7); 

11 (F) by redesignating paragraph (6) as 

12 paragraph (5); and 

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

14 ‘‘(6) perform any functions necessary to sup15 port the programs referred to in paragraph (3)’’; 

16 and 

17 (3) by striking subsection (c) and all that fol18 lows through the end of the section and inserting the 

19 following: 

20 ‘‘(c) PROGRAM ACTIVITIES.— 

21 ‘‘(1) IN GENERAL.—The Administrator, 

22 through the Director, shall implement the program 

23 activities authorized by this subsection to support 

24 the activity of the Chesapeake Executive Council and 

25 to further the purposes of this section. 


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1 ‘‘(2) ENSURING SCIENTIFIC AND TECHNICAL

2 MERIT.—The director shall— 

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

4 transparent mechanism to ensure that projects 

5 funded under this section have undergone ap6 propriate peer review; and 

7 ‘‘(B) provide other appropriate means to 

8 determine that such projects have acceptable 

9 scientific and technical merit for the purpose of 

10 achieving maximum utilization of available 

11 funds and resources to benefit the Chesapeake 

12 Bay area. 

13 ‘‘(3) CONSULTATION WITH CHESAPEAKE EXEC14 UTIVE COUNCIL.—The Director shall, in the imple15 mentation of the program activities authorized under 

16 this section, consult with the Chesapeake Executive 

17 Council, to ensure that the activities of the Office 

18 are consistent with the purposes and priorities of the 

19 Chesapeake Bay Agreement and plans developed 

20 pursuant to the Agreement. 

21 ‘‘(4) INTEGRATED COASTAL OBSERVATIONS.— 

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

23 through the Director, may collaborate with sci24 entific and academic institutions, State and 

25 Federal agencies, non-governmental organizaVerDate Mar 15 2010 23:41 Apr 21, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1650.IH H1650

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1 tions, and other constituents in the Chesapeake 

2 Bay watershed, to support an integrated obser3 vations system for the Chesapeake Bay con4 sistent with the purposes of subtitle C of title 

5 XII of Public Law 111–11 (33 U.S.C. 3601 et 

6 seq.). 

7 ‘‘(B) SPECIFIC REQUIREMENTS.—To sup8 port the system referred to in subparagraph (A) 

9 and provide a complete set of environmental in10 formation for the Chesapeake Bay, the Director 

11 shall— 

12 ‘‘(i) coordinate existing monitoring 

13 and observing activities in the Chesapeake 

14 Bay; 

15 ‘‘(ii) identify new data collection needs 

16 and deploy new technologies, as appro17 priate; 

18 ‘‘(iii) collect and analyze the scientific 

19 information necessary for the management 

20 of living marine resources and the marine 

21 habitat associated with such resources; 

22 ‘‘(iv) manage and interpret the infor23 mation described in clause (iii); and 

24 ‘‘(v) organize the information de25 scribed in clause (iii) into products that 


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1 are useful to policy makers, resource man2 agers, scientists, and the public. 

3 ‘‘(C) CHESAPEAKE BAY INTERPRETIVE

4 BUOY SYSTEM.—To further the development 

5 and implementation of the Chesapeake Bay In6 terpretive Buoy System, the Director may— 

7 ‘‘(i) support the establishment and 

8 implementation of the Captain John Smith 

9 Chesapeake National Historic Trail; 

10 ‘‘(ii) delineate key waypoints along the 

11 trail and provide appropriate real-time 

12 data and information for trail users; 

13 ‘‘(iii) interpret data and information 

14 for use by educators and students to in15 spire stewardship of Chesapeake Bay; and 

16 ‘‘(iv) incorporate the Chesapeake Bay 

17 Interpretive Buoy System into the Inte18 grated Ocean Observing System regional 

19 network of observatories. 

20 ‘‘(5) CHESAPEAKE BAY WATERSHED EDU21 CATION AND TRAINING PROGRAM.— 

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

23 through the Director, may establish a Chesa24 peake Bay watershed education and training 

25 program. The program shall— 


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1 ‘‘(i) continue and expand the Chesa2 peake Bay watershed education programs 

3 offered by the Office immediately before 

4 the enactment of the Chesapeake Bay 

5 Science, Education, and Ecosystem En6 hancement Act of 2011; 

7 ‘‘(ii) improve the understanding of el8 ementary and secondary school students 

9 and teachers of the living resources of the 

10 ecosystem of the Chesapeake Bay; 

11 ‘‘(iii) provide community education to 

12 improve watershed protection; and 

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

14 Chesapeake 2000 Agreement. 

15 ‘‘(B) GRANT PROGRAM.—The Director 

16 may award grants for the purposes of this para17 graph. Grants awarded under this subpara18 graph may be used to support education and 

19 training projects that enhance understanding 

20 and assessment of a specific environmental 

21 problem in the Chesapeake Bay watershed or a 

22 goal of the Chesapeake Bay Program, or pro23 tect or restore living resources of the Chesa24 peake Bay watershed, including projects that— 


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1 ‘‘(i) provide classroom education, in2 cluding the development and use of dis3 tance learning and other innovative tech4 nologies, related to the Chesapeake Bay 

5 watershed; 

6 ‘‘(ii) provide watershed educational 

7 experiences in the Chesapeake Bay water8 shed; 

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 implement the education and training program 

5 in collaboration with the heads of other relevant 

6 Federal agencies. 

7 ‘‘(6) COASTAL AND LIVING RESOURCES MAN8 AGEMENT AND HABITAT PROGRAM.— 

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

10 through the Director, may establish a Chesa11 peake Bay coastal living resources management 

12 and habitat program to support coordinated 

13 management, protection, characterization, and 

14 restoration of priority Chesapeake Bay habitats 

15 and living resources, including oysters, blue 

16 crabs, and submerged aquatic vegetation. 

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

18 the Director may, subject to the availability of 

19 appropriations, carry out or enter into grants, 

20 contracts, and cooperative agreements and pro21 vide technical assistance to support— 

22 ‘‘(i) native oyster restoration; 

23 ‘‘(ii) fish and shellfish aquaculture 

24 that is carried out in accordance with a 

25 valid Federal or State permit; 


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1 ‘‘(iii) establishment of submerged 

2 aquatic vegetation propogation programs; 

3 ‘‘(iv) the development of programs 

4 that protect and restore critical coastal 

5 habitats; 

6 ‘‘(v) habitat mapping, characteriza7 tion, and assessment techniques necessary 

8 to identify, assess, and monitor restoration 

9 actions; 

10 ‘‘(vi) application and transfer of ap11 plied scientific research and ecosystem 

12 management tools to fisheries and habitat 

13 managers; 

14 ‘‘(vii) collection, synthesis, and shar15 ing of information to inform and influence 

16 coastal and living resource management 

17 issues; and 

18 ‘‘(viii) other activities that the director 

19 determines are appropriate to carry out 

20 the purposes of such program. 

21 ‘‘(d) REPORTS.— 

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

23 through the Director, shall submit a biennial report 

24 to the Congress and the Secretary of Commerce on 

25 the activities of the Office and on progress made in 


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1 protecting and restoring the living resources and 

2 habitat of the Chesapeake Bay. 

3 ‘‘(2) ACTION PLAN.—Each such report shall in4 clude an action plan for the 2-year period following 

5 submission of the report, consisting of— 

6 ‘‘(A) a list of recommended research, moni7 toring, and data collection activities necessary 

8 to continue implementation of the strategy 

9 under subsection (b)(2); and 

10 ‘‘(B) recommendations to integrate Na11 tional Oceanic and Atmospheric Administration 

12 activities with the activities of the partners in 

13 the Chesapeake Bay Program to meet the com14 mitments of the Chesapeake 2000 agreement 

15 and subsequent agreements. 

16 ‘‘(e) AGREEMENTS.— 

17 ‘‘(1) IN GENERAL.—The Administrator, 

18 through the Director, may, subject to the availability 

19 of appropriations, enter into and perform such con20 tracts, leases, grants, or cooperative agreements as 

21 may be necessary to carry out the purposes of this 

22 Act. 

23 ‘‘(2) USE OF OTHER RESOURCES.—For pur24 poses related to the understanding, protection, and 

25 restoration of Chesapeake Bay, the Director may 


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1 use, with their consent and with or without reim2 bursement, 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. 

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 EXECUTIVE COUNCIL.—The 

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1 resentatives from the Commonwealth of Virginia, the 

2 State of Maryland, the Commonwealth of Pennsyl3 vania, the Environmental Protection Agency, the 

4 District of Columbia, and the Chesapeake Bay Com5 mission, who are signatories to the Chesapeake Bay 

6 Agreement, and any future signatories to that agree7 ment. 

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

9 the Director of the Office. 

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

11 Chesapeake Bay Office established under this sec12 tion. 

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

14 is authorized to be appropriated to the Secretary to carry 

15 out this section— 

16 ‘‘(1) $17,000,000 for fiscal year 2012; 

17 ‘‘(2) $18,700,000 for fiscal year 2013; 

18 ‘‘(3) $20,570,000 for fiscal year 2014; and 

19 ‘‘(4) $22,627,000 for fiscal year 2015.’’. 

Æ 


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