IB 

Union Calendar No. 229 

111TH CONGRESS 

2D SESSION H. R. 3644 

[Report No. 111–392] 

To direct the National Oceanic and Atmospheric Administration to establish 

education and watershed programs which advance environmental literacy, 

including preparedness and adaptability for the likely impacts of climate 

change in coastal watershed regions. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 24, 2009 

Mrs. CAPPS (for herself, Mr. EHLERS, and Mr. FARR) introduced the 

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

JANUARY 12, 2010 

Additional sponsors: Ms. BORDALLO, Ms. KILPATRICK of Michigan, Mr. 

BLUMENAUER, Mr. GRIJALVA, Mrs. CHRISTENSEN, Ms. RICHARDSON, 

Mr. THOMPSON of California, Mr. SABLAN, Ms. LEE of California, Mr. 

PIERLUISI, Ms. PINGREE of Maine, Mr. CONNOLLY of Virginia, Ms. 

HIRONO, Ms. SHEA-PORTER, Mr. MCNERNEY, Mr. LIPINSKI, Mr. ABERCROMBIE, Mr. FALEOMAVAEGA, Mr. MORAN of Virginia, Mr. HOLT, Mr. 

PALLONE, Mr. HINCHEY, Mrs. MILLER of Michigan, Mr. SARBANES, Mr. 

INSLEE, Mrs. NAPOLITANO, Mr. POLIS of Colorado, and Mr. FILNER

JANUARY 12, 2010 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

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

[For text of introduced bill, see copy of bill as introduced on September 24, 2009] 

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A BILL 

To direct the National Oceanic and Atmospheric Administration to establish education and watershed programs 

which advance environmental literacy, including preparedness and adaptability for the likely impacts of climate change in coastal watershed regions. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ocean, Coastal, and Wa5 tershed Education Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—The Congress finds the following: 

8 (1) The United States faces major challenges, 

9 such as mitigating and adapting to the impacts of 

10 climate change, stewarding critical coastal and ma11 rine resources including fish and wildlife habitat 

12 while sustaining the commercial and recreational ac13 tivities that depend on these resources, and improving 

14 resilience to natural disasters, that collectively threat15 en human health, economic development, environ16 mental quality, and national security. 

17 (2) Communities in coastal watersheds are par18 ticularly vulnerable to these increasingly urgent, 

19 interconnected, and complex challenges and need sup20 port for teacher professional development and experi21 ential learning among students of all ages. 

22 (3) These challenges can be met with the help of 

23 comprehensive programs specifically targeted to en24 gage coastal watershed communities, schoolchildren, 

25 and the general public to develop engaged and envimstockstill on DSKH9S0YB1PROD with BILLS

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1 ronmentally literate citizens who are better able to 

2 understand complex environmental issues, assess risk, 

3 evaluate proposed plans, and understand how indi4 vidual decisions affect the environment at local, re5 gional, national, and global scales. 

6 (4) The intrinsic social and conservation values 

7 of wildlife-dependent and other outdoor recreation can 

8 play an important role in outdoor educational pro9 grams that address the myriad of coastal and ocean 

10 concerns, as well as instill a sustainable conservation 

11 ethic that will enable them to face those challenges to 

12 the betterment of both the environment and coastal 

13 communities. 

14 (b) PURPOSE.—The purpose of this Act is to advance 

15 environmental literacy, develop public awareness and ap16 preciation of the economic, social, recreational, and envi17 ronmental benefits of coastal watersheds, and emphasize 

18 stewardship of critical coastal and marine resources, in19 cluding an understanding of how climate change is impact20 ing those resources, through the establishment of— 

21 (1) an Environmental Literacy Grant Program; 

22 and 

23 (2) regional programs under the B-WET Pro24 gram. 

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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the National Oce5 anic and Atmospheric Administration. 

6 (2) BAY-WATERSHED EDUCATION.—The term 

7 ‘‘bay-watershed education’’ means environmental edu8 cation focused on watersheds, with an emphasis on 

9 stewardship of critical coastal and marine resources, 

10 including an understanding of how climate change is 

11 impacting those resources. 

12 (3) B-WET PROGRAM.—The term ‘‘B-WET Pro13 gram’’ means the Bay-Watershed Education and 

14 Training Program of the National Oceanic and At15 mospheric Administration, as in effect immediately 

16 before the enactment of this Act and modified under 

17 this Act or any subsequently enacted Act. 

18 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti19 ty’’ means a State agency, local agency, school dis20 trict, institution of higher education, or for-profit or 

21 non-profit nongovernmental organization, consortium, 

22 or other entity that the Administrator finds has dem23 onstrated expertise and experience in the development 

24 of the institutional, intellectual, or policy resources to 

25 help environmental education become more effective 

26 and widely practiced. 

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1 (5) ENVIRONMENTAL EDUCATION.—The term 

2 ‘‘environmental education’’ means interdisciplinary 

3 formal and informal learning about the relevant 

4 interrelationships between dynamic environmental 

5 and human systems, and which results in increasing 

6 the learner’s capacity for decisionmaking and stew7 ardship regarding natural and community resources. 

8 (6) ENVIRONMENTAL LITERACY.—The term ‘‘en9 vironmental literacy’’ means the capacity to perceive 

10 and interpret the relative health of environmental sys11 tems and the interrelationships between natural and 

12 social systems and technology, and to assess options 

13 and take appropriate action to maintain, restore, or 

14 improve the health of those systems. 

15 (7) HIGH-LEVERAGE PROJECTS.—The term 

16 ‘‘high-leverage projects’’ means projects supported by 

17 grants authorized under this Act that use Federal, 

18 State and nongovernmental financial, technical, and 

19 other resources in such a manner that the potential 

20 beneficial outcomes are highly magnified or enhanced. 

21 (8) STATE.—The term ‘‘State’’ means each of the 

22 several States of the United States, the District of Co23 lumbia, the Commonwealth of Puerto Rico, the Virgin 

24 Islands, Guam, American Samoa, the Commonwealth 

25 of the Northern Mariana Islands, any other territory 

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1 or possession of the United States, and any Indian 

2 tribe. 

3 SEC. 4. ENVIRONMENTAL LITERACY GRANT PROGRAM. 

4 (a) IN GENERAL.—The Administrator shall establish 

5 a national competitive grant program, to be known as the 

6 ‘‘Environmental Literacy Grant Program’’, under which 

7 the Administrator shall provide, subject to the availability 

8 of appropriations, financial assistance to— 

9 (1) expand the adoption of coastal, ocean, Great 

10 Lakes, and climate on all time scales education; 

11 (2) build administrative and technical capacity 

12 with coastal, ocean, and watershed communities and 

13 stakeholder groups to enhance their effectiveness; 

14 (3) encourage water-dependent, wildlife-depend15 ent, and other outdoor recreation, experiential learn16 ing, and hands-on involvement with coastal and wa17 tershed resources as a method of promoting steward18 ship of those resources; and 

19 (4) develop and implement new approaches to 

20 advance coastal, ocean, Great Lakes, and climate on 

21 all time scales education and environmental literacy 

22 at national, regional, and local levels. 

23 (b) PRIORITIES.—In awarding grants under this sec24 tion, the Administrator shall give priority consideration to 

25 innovative, strategic, high-leverage projects that demmstockstill on DSKH9S0YB1PROD with BILLS

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1 onstrate strong potential for being sustained in the future 

2 by a grant recipient beyond the time period in which activi3 ties are carried out with the grant. 

4 (c) GUIDELINES.—No later than 180 days after the 

5 date of enactment of this Act and after consultation with 

6 appropriate stakeholders, the Administrator shall publish 

7 in the Federal Register guidelines regarding the implemen8 tation of this grant program, including publication of cri9 teria for eligible entities, identification of national prior10 ities, establishment of performance measures to evaluate 

11 program effectiveness, information regarding sources of 

12 non-Federal matching funds or in-kind contributions, and 

13 reporting requirements for grant award recipients. 

14 (d) LIMITATION ON USE OF FUNDS BY ADMINIS15 TRATOR.—Of the amounts made available to implement 

16 this section— 

17 (1) no less than 80 percent shall be used for com18 petitive grants or cooperative agreements; 

19 (2) no more than 10 percent may be used by the 

20 Administrator to implement the grant program; and 

21 (3) no less than 10 percent of the annual funds 

22 appropriated for the program authorized under this 

23 section shall be used to fund contracts or cooperative 

24 agreements to conduct strategic planning, promote 

25 communications among grant recipients and within 

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1 communities, coordinate grant activities to foster an 

2 integrated program, and oversee national evaluation 

3 efforts. 

4 SEC. 5. B-WET PROGRAM. 

5 (a) EXISTING PROGRAM.—The Administrator shall 

6 conduct the B-WET Program, including each of the regional 

7 programs conducted or under active consideration for cre8 ation under such program immediately before the enact9 ment of this Act. 

10 (b) NEW REGIONAL PROGRAMS.— 

11 (1) IN GENERAL.—The Administrator may cre12 ate new regional programs under the B-WET Pro13 gram in accordance with a strategy issued under this 

14 subsection. 

15 (2) STRATEGY.— 

16 (A) IN GENERAL.—The Administrator shall 

17 issue a strategy for establishing such new re18 gional programs. 

19 (B) CONTENTS.—The strategy shall include 

20 the following: 

21 (i) Evaluation of the need for new re22 gional program in areas that are not served 

23 under the B-WET Program on the date of 

24 enactment of this Act. 

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1 (ii) Identification of potential new re2 gional programs, including a listing of po3 tential principal non-Federal partners. 

4 (iii) A comprehensive budget for future 

5 expansion of the B-WET Program over the 

6 period for which appropriations are author7 ized under this Act. 

8 (iv) Such other information as the Ad9 ministrator considers necessary. 

10 (C) CONSULTATION AND PUBLIC COM11 MENT.—The Administrator shall consult with 

12 relevant stakeholders and provide opportunity 

13 for public comment in the development of the 

14 strategy. 

15 (D) SUBMISSION TO CONGRESS.—The Ad16 ministrator shall submit the strategy to the Com17 mittee on Natural Resources of the House of Rep18 resentatives and the Committee on Commerce, 

19 Science, and Transportation of the Senate by not 

20 later than 270 days after the date of enactment 

21 of this Act. 

22 (3) PRIORITY CONSIDERATION.—In creating new 

23 regional programs under this subsection, the Adminis24 trator shall give priority consideration to the needs 

25 of— 

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1 (A) United States territories, including 

2 Guam, the Commonwealth of Puerto Rico, the 

3 Virgin Islands, the Commonwealth of the North4 ern Mariana Islands, and American Samoa; 

5 (B) the Great Lakes States; 

6 (C) Alaska; and 

7 (D) the mid-Atlantic region. 

8 (c) MODIFICATION OF B-WET PROGRAM.— 

9 (1) IN GENERAL.—The Administrator may mod10 ify or realign regional programs under the B-WET 

11 Program, based on— 

12 (A) changes in regional needs; 

13 (B) mutual interest between the Adminis14 trator and relevant stakeholders within a region 

15 or regions; 

16 (C) changes in resources available to the 

17 Administrator to implement the B-WET Pro18 gram; and 

19 (D) other circumstances as determined nec20 essary by the Administrator. 

21 (2) CONSULTATION AND PUBLIC COMMENT.—The 

22 Administrator shall— 

23 (A) consult with the persons conducting a 

24 regional program and provide opportunity for 

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1 public comment prior to making a final decision 

2 to modify or realign such regional program; and 

3 (B) publish public notice of such a decision 

4 no less than 30-days before the effective date of 

5 such a modification or realignment. 

6 (d) REGIONAL PROGRAM MANAGERS.— 

7 (1) APPOINTMENT OF REGIONAL PROGRAM MAN8 AGER.—The Administrator shall be responsible for the 

9 selection, appointment, and when necessary replace10 ment of a regional program manager for each re11 gional program under the B-WET Program. 

12 (2) QUALIFICATIONS.—To qualify for appoint13 ment as a regional program manager, an individual 

14 must— 

15 (A) reside in the region for which ap16 pointed; and 

17 (B) demonstrate competence and expertise 

18 in bay-watershed education and training. 

19 (3) FUNCTIONS.—Each regional program man20 ager shall— 

21 (A) be responsible for managing and ad22 ministering the B-WET Program in the region 

23 for which appointed, in accordance with this 

24 Act; 

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1 (B) determine the most appropriate commu2 nities within the region to be served by the B3 WET Program; 

4 (C) encourage water-dependent, wildlife-de5 pendent, and other outdoor recreation, experien6 tial learning experiences for students, and hands7 on involvement with coastal and watershed re8 sources as a method of promoting stewardship of 

9 those resources and complementing core class10 room curriculum; 

11 (D) support communication and collabora12 tion among educators, natural resource planners 

13 and managers, and governmental and non14 governmental stakeholders; 

15 (E) share and distribute information re16 garding educational plans, strategies, learning 

17 activities, and curricula to all stakeholders with18 in its region; 

19 (F) provide financial and technical assist20 ance pursuant to the guidelines developed by the 

21 Administrator under this section; and 

22 (G) perform any additional duties as nec23 essary to carry out the functions of the program. 

24 (e) PROGRAM GUIDELINES.—No later than 180 days 

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1 tion with appropriate stakeholders, the Administrator shall 

2 publish in the Federal Register guidelines regarding the im3 plementation of the B-WET Program, as follows: 

4 (1) CONTRACTS.—The Administrator shall create 

5 guidelines through which each regional program man6 ager may enter into contracts (subject to the avail7 ability of appropriations) to support projects to de8 sign, demonstrate, evaluate, or disseminate practices, 

9 methods, or techniques related to Bay-watershed edu10 cation and training. 

11 (2) GRANT MAKING AND COOPERATIVE AGREE12 MENTS.— 

13 (A) IN GENERAL.—The Administrator shall 

14 create guidelines through which each regional 

15 program manager may provide financial assist16 ance in the form of a grant (subject to the avail17 ability of appropriations) or cooperative agree18 ment to support projects that advance the pur19 pose of this Act. The guidelines shall include cri20 teria for eligible entities, identification of na21 tional priorities, establishment of performance 

22 measures to evaluate program effectiveness, and 

23 reporting requirements for grant award recipi24 ents. 

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1 (B) PRIORITY.—In making grants under 

2 this paragraph, each regional program manager 

3 shall give priority to those projects that will— 

4 (i) promote bay-watershed education 

5 throughout the region concerned; 

6 (ii) advance strategic initiatives to in7 corporate bay-watershed education into for8 mal and informal education systems; 

9 (iii) build capacity within bay-water10 shed education communities and stakeholder 

11 groups for expanding and strengthening 

12 their work; 

13 (iv) build bay-watershed education into 

14 professional development or training activi15 ties for educators; and 

16 (v) broadly replicate existing, proven 

17 bay-watershed education programs. 

18 (f) NON-FEDERAL SHARE.— 

19 (1) IN GENERAL.—In awarding grants under 

20 this section, the regional program managers shall give 

21 priority consideration to a project for which the Fed22 eral share does not exceed 75 percent of the aggregate 

23 cost of such project. 

24 (2) IN-KIND CONTRIBUTION.—The non-Federal 

25 share of the costs of any project supported by an 

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1 award of grant funding under this section may be 

2 cash or the fair market value of services, equipment, 

3 donations, or any other form of in-kind contribution. 

4 (3) OTHER PRIORITY.—The regional program 

5 managers shall give priority consideration to a 

6 project that will be conducted by or benefit any 

7 under-served community, any community that has an 

8 inability to draw on other sources of funding because 

9 of the small population or low income of the commu10 nity, or any other person for any other reason the Ad11 ministrator considers appropriate and consistent with 

12 the purpose of this Act. 

13 (g) REGIONAL PROGRAM COORDINATION.—Within the 

14 National Oceanic and Atmospheric Administration, the Of15 fice of Education shall work with regional program man16 agers on the following regional B-WET Program functions: 

17 (1) Strategic planning efforts. 

18 (2) Integration and coordination of programs. 

19 (3) Coordination of national evaluation efforts. 

20 (4) Promotion of network wide communications. 

21 (5) Selection of new Regional Program Man22 agers. 

23 (6) Management, tracking, and oversight of the 

24 B-WET Program. 

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1 (h) LIMITATION ON USE OF FUNDS BY ADMINIS2 TRATOR.—Of the amounts made available to implement 

3 this section— 

4 (1) no less than 80 percent shall be used for im5 plementation of regional program activities, includ6 ing the award of grants; and 

7 (2) no more than 20 percent may be used by the 

8 Administrator to implement the regional programs 

9 and regional program coordination. 

10 SEC. 6. BIENNIAL REPORT. 

11 Not later than December 31, 2011, and biennially 

12 thereafter, the Administrator shall submit to Congress a re13 port on the grant programs authorized under this Act. Each 

14 such report shall include a description of the eligible activi15 ties carried out with grants awarded under the Act during 

16 the previous two fiscal years, an assessment of the success 

17 and impact of such activities, and a description of the type 

18 of programs carried out with such grant, disaggregated by 

19 State. 

20 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated to the Admin22 istrator to carry out this Act such sums as may be necessary 

23 for each of fiscal years 2011 through 2015. 

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Union Calendar No. 229 

111TH CONGRESS 

2D SESSION H. R. 3644 

[Report No. 111–392] 

A BILL 

To direct the National Oceanic and Atmospheric 

watershed regions. for the likely impacts of climate change in coastal eracy, including preparedness and adaptability shed programs which advance environmental litAdministration to establish education and waterJANUARY 12, 2010 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

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