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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3644 Referred in Senate (RFS)]

111th CONGRESS
  2d Session
                                H. R. 3644

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               March 22 (legislative day, March 19), 2010

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT

 
   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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ocean, Coastal, and Watershed 
Education Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The United States faces major challenges, such as 
        mitigating and adapting to the impacts of climate change, 
        stewarding critical coastal and marine resources including fish 
        and wildlife habitat while sustaining the commercial and 
        recreational activities that depend on these resources, and 
        improving resilience to natural disasters, that collectively 
        threaten human health, sustainable economic development, 
        environmental quality, and national security.
            (2) Communities in coastal watersheds are particularly 
        vulnerable to these increasingly urgent, interconnected, and 
        complex challenges and need support for teacher professional 
        development and experiential learning among students of all 
        ages.
            (3) These challenges can be met with the help of 
        comprehensive programs specifically targeted to engage coastal 
        watershed communities, schoolchildren, and the general public 
        to develop engaged and environmentally literate citizens who 
        are better able to understand complex environmental issues, 
        assess risk, evaluate proposed plans, and understand how 
        individual decisions affect the environment at local, regional, 
        national, and global scales.
            (4) The intrinsic social and conservation values of 
        wildlife-dependent and other outdoor recreation can play an 
        important role in outdoor educational programs that address the 
        myriad of coastal and ocean concerns, as well as instill a 
        sustainable conservation ethic that will enable them to face 
        those challenges to the betterment of both the environment and 
        coastal communities.
            (5) The economic importance of coastal areas and resources 
        to the overall economy of the United States is significant. 
        According to the U.S. Commission on Ocean Policy, coastal and 
        ocean-related activities support millions of American jobs and 
        generate more than $1 trillion, or one tenth of the Nation's 
        annual gross domestic product. Sustainable use of the Nation's 
        natural resources can provide additional economic opportunities 
        to the United States economy.
    (b) Purpose.--The purpose of this Act is to advance environmental 
literacy, develop public awareness and appreciation of the economic, 
social, recreational, and environmental benefits of coastal watersheds, 
and emphasize stewardship and sustainable economic development of 
critical coastal and marine resources, including an understanding of 
how climate change is impacting those resources, through the 
establishment of--
            (1) an Environmental Literacy Grant Program; and
            (2) regional programs under the B-WET Program.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (2) Bay-watershed education.--The term ``bay-watershed 
        education'' means environmental education focused on 
        watersheds, with an emphasis on stewardship and sustainable 
        economic development of critical coastal and marine resources, 
        including an understanding of how climate change is impacting 
        those resources.
            (3) B-WET program.--The term ``B-WET Program'' means the 
        Bay-Watershed Education and Training Program of the National 
        Oceanic and Atmospheric Administration, as in effect 
        immediately before the enactment of this Act and modified under 
        this Act or any subsequently enacted Act.
            (4) Eligible entity.--The term ``eligible entity'' means a 
        State agency, local agency, school district, institution of 
        higher education, or for-profit or non-profit nongovernmental 
        organization, consortium, or other entity that the 
        Administrator finds has demonstrated expertise and experience 
        in the development of the institutional, intellectual, or 
        policy resources to help environmental education become more 
        effective and widely practiced.
            (5) Environmental education.--The term ``environmental 
        education'' means interdisciplinary formal and informal 
        learning about the relevant interrelationships between dynamic 
        environmental and human systems, including economic systems 
        that depend on coastal, watershed and marine resources for job 
        creation and economic growth, that results in increasing the 
        learner's capacity for decisionmaking, stewardship, and 
        sustainable economic development of natural and community 
        resources.
            (6) Environmental literacy.--The term ``environmental 
        literacy'' means the capacity to perceive and interpret the 
        relative health of environmental systems and the 
        interrelationships between natural, economic, and social 
        systems and technology, and to assess options and take 
        appropriate action to maintain, restore, or improve the health 
        of those systems and promote sustainable economic development.
            (7) High-leverage projects.--The term ``high-leverage 
        projects'' means projects supported by grants authorized under 
        this Act that use Federal, State and nongovernmental financial, 
        technical, and other resources in such a manner that the 
        potential beneficial outcomes are highly magnified or enhanced.
            (8) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, the Commonwealth of the Northern Mariana Islands, any 
        other territory or possession of the United States, and any 
        Indian tribe.

SEC. 4. ENVIRONMENTAL LITERACY GRANT PROGRAM.

    (a) In General.--The Administrator shall establish a national 
competitive grant program, to be known as the ``Environmental Literacy 
Grant Program'', under which the Administrator shall provide, subject 
to the availability of appropriations, financial assistance to--
            (1) expand the adoption of coastal, ocean, Great Lakes, and 
        climate on all time scales education;
            (2) build administrative and technical capacity with 
        coastal, ocean, and watershed communities and stakeholder 
        groups to enhance their effectiveness;
            (3) encourage water-dependent, wildlife-dependent, and 
        other outdoor recreation, experiential learning, and hands-on 
        involvement with coastal and watershed resources as a method of 
        promoting stewardship and sustainable economic development of 
        those resources;
            (4) develop and implement new approaches to advance 
        coastal, ocean, Great Lakes, and climate on all time scales 
        education and environmental literacy at national, regional, and 
        local levels; and
            (5) encourage formal and informal environmental education 
        about the systemic interrelationships between healthy coastal, 
        watershed, and marine resources and sustainable economic 
        systems that depend on such resources for job creation and 
        economic development.
    (b) Priorities.--In awarding grants under this section, the 
Administrator shall give priority consideration to innovative, 
strategic, high-leverage projects that demonstrate strong potential for 
being sustained in the future by a grant recipient beyond the time 
period in which activities are carried out with the grant.
    (c) Guidelines.--No later than 180 days after the date of enactment 
of this Act and after consultation with appropriate stakeholders, the 
Administrator shall publish in the Federal Register guidelines 
regarding the implementation of this grant program, including 
publication of criteria for eligible entities, identification of 
national priorities, establishment of performance measures to evaluate 
program effectiveness, information regarding sources of non-Federal 
matching funds or in-kind contributions, and reporting requirements for 
grant award recipients.
    (d) Limitation on Use of Funds by Administrator.--Of the amounts 
made available to implement this section--
            (1) no less than 80 percent shall be used for competitive 
        grants or cooperative agreements;
            (2) no more than 10 percent may be used by the 
        Administrator to implement the grant program; and
            (3) no less than 10 percent of the annual funds 
        appropriated for the program authorized under this section 
        shall be used to fund contracts or cooperative agreements to 
        conduct strategic planning, promote communications among grant 
        recipients and within communities, coordinate grant activities 
        to foster an integrated program, and oversee national 
        evaluation efforts.

SEC. 5. B-WET PROGRAM.

    (a) Existing Program.--The Administrator shall conduct the B-WET 
Program, including each of the regional programs conducted or under 
active consideration for creation under such program immediately before 
the enactment of this Act.
    (b) New Regional Programs.--
            (1) In general.--The Administrator may create new regional 
        programs under the B-WET Program in accordance with a strategy 
        issued under this subsection.
            (2) Strategy.--
                    (A) In general.--The Administrator shall issue a 
                strategy for establishing such new regional programs.
                    (B) Contents.--The strategy shall include the 
                following:
                            (i) Evaluation of the need for new regional 
                        program in areas that are not served under the 
                        B-WET Program on the date of enactment of this 
                        Act.
                            (ii) Identification of potential new 
                        regional programs, including a listing of 
                        potential principal non-Federal partners.
                            (iii) A comprehensive budget for future 
                        expansion of the B-WET Program over the period 
                        for which appropriations are authorized under 
                        this Act.
                            (iv) Such other information as the 
                        Administrator considers necessary.
                    (C) Consultation and public comment.--The 
                Administrator shall consult with relevant stakeholders 
                and provide opportunity for public comment in the 
                development of the strategy.
                    (D) Submission to congress.--The Administrator 
                shall submit the strategy to the Committee on Natural 
                Resources of the House of Representatives and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate by not later than 270 days after the date of 
                enactment of this Act.
            (3) Priority consideration.--In creating new regional 
        programs under this subsection, the Administrator shall give 
        priority consideration to the needs of--
                    (A) United States territories, including Guam, the 
                Commonwealth of Puerto Rico, the Virgin Islands, the 
                Commonwealth of the Northern Mariana Islands, and 
                American Samoa;
                    (B) the Great Lakes States;
                    (C) Alaska; and
                    (D) the mid-Atlantic region.
    (c) Modification of B-WET Program.--
            (1) In general.--The Administrator may modify or realign 
        regional programs under the B-WET Program, based on--
                    (A) changes in regional needs;
                    (B) mutual interest between the Administrator and 
                relevant stakeholders within a region or regions;
                    (C) changes in resources available to the 
                Administrator to implement the B-WET Program; and
                    (D) other circumstances as determined necessary by 
                the Administrator.
            (2) Consultation and public comment.--The Administrator 
        shall--
                    (A) consult with the persons conducting a regional 
                program and provide opportunity for public comment 
                prior to making a final decision to modify or realign 
                such regional program; and
                    (B) publish public notice of such a decision no 
                less than 30-days before the effective date of such a 
                modification or realignment.
    (d) Regional Program Managers.--
            (1) Appointment of regional program manager.--The 
        Administrator shall be responsible for the selection, 
        appointment, and when necessary replacement of a regional 
        program manager for each regional program under the B-WET 
        Program.
            (2) Qualifications.--To qualify for appointment as a 
        regional program manager, an individual must--
                    (A) reside in the region for which appointed; and
                    (B) demonstrate competence and expertise in bay-
                watershed education and training.
            (3) Functions.--Each regional program manager shall--
                    (A) be responsible for managing and administering 
                the B-WET Program in the region for which appointed, in 
                accordance with this Act;
                    (B) determine the most appropriate communities 
                within the region to be served by the B-WET Program;
                    (C) encourage water-dependent, wildlife-dependent, 
                and other outdoor recreation, experiential learning 
                experiences for students, and hands-on involvement with 
                coastal and watershed resources as a method of 
                promoting stewardship and sustainable economic 
                development of those resources and complementing core 
                classroom curriculum;
                    (D) support communication and collaboration among 
                educators, natural resource planners and managers, and 
                governmental and nongovernmental stakeholders;
                    (E) share and distribute information regarding 
                educational plans, strategies, learning activities, and 
                curricula to all stakeholders within its region;
                    (F) provide financial and technical assistance 
                pursuant to the guidelines developed by the 
                Administrator under this section; and
                    (G) perform any additional duties as necessary to 
                carry out the functions of the program.
    (e) Program Guidelines.--No later than 180 days after the date of 
enactment of this Act and after consultation with appropriate 
stakeholders, the Administrator shall publish in the Federal Register 
guidelines regarding the implementation of the B-WET Program, as 
follows:
            (1) Contracts.--The Administrator shall create guidelines 
        through which each regional program manager may enter into 
        contracts (subject to the availability of appropriations) to 
        support projects to design, demonstrate, evaluate, or 
        disseminate practices, methods, or techniques related to Bay-
        watershed education and training.
            (2) Grant making and cooperative agreements.--
                    (A) In general.--The Administrator shall create 
                guidelines through which each regional program manager 
                may provide financial assistance in the form of a grant 
                (subject to the availability of appropriations) or 
                cooperative agreement to support projects that advance 
                the purpose of this Act. The guidelines shall include 
                criteria for eligible entities, identification of 
                national priorities, establishment of performance 
                measures to evaluate program effectiveness, and 
                reporting requirements for grant award recipients.
                    (B) Priority.--In making grants under this 
                paragraph, each regional program manager shall give 
                priority to those projects that will--
                            (i) promote bay-watershed education 
                        throughout the region concerned;
                            (ii) advance strategic initiatives to 
                        incorporate bay-watershed education into formal 
                        and informal education systems;
                            (iii) build capacity within bay-watershed 
                        education communities and stakeholder groups 
                        for expanding and strengthening their work;
                            (iv) build bay-watershed education into 
                        professional development or training activities 
                        for educators; and
                            (v) broadly replicate existing, proven bay-
                        watershed education programs.
    (f) Non-Federal Share.--
            (1) In general.--In awarding grants under this section, the 
        regional program managers shall give priority consideration to 
        a project for which the Federal share does not exceed 75 
        percent of the aggregate cost of such project.
            (2) In-kind contribution.--The non-Federal share of the 
        costs of any project supported by an award of grant funding 
        under this section may be cash or the fair market value of 
        services, equipment, donations, or any other form of in-kind 
        contribution.
            (3) Other priority.--The regional program managers shall 
        give priority consideration to a project that will be conducted 
        by or benefit any under-served community, any community that 
        has an inability to draw on other sources of funding because of 
        the small population or low income of the community, or any 
        other person for any other reason the Administrator considers 
        appropriate and consistent with the purpose of this Act.
    (g) Regional Program Coordination.--Within the National Oceanic and 
Atmospheric Administration, the Office of Education shall work with 
regional program managers on the following regional B-WET Program 
functions:
            (1) Strategic planning efforts.
            (2) Integration and coordination of programs.
            (3) Coordination of national evaluation efforts.
            (4) Promotion of network wide communications.
            (5) Selection of new Regional Program Managers.
            (6) Management, tracking, and oversight of the B-WET 
        Program.
    (h) Limitation on Use of Funds by Administrator.--Of the amounts 
made available to implement this section--
            (1) no less than 80 percent shall be used for 
        implementation of regional program activities, including the 
        award of grants; and
            (2) no more than 20 percent may be used by the 
        Administrator to implement the regional programs and regional 
        program coordination.

SEC. 6. BIENNIAL REPORT.

    Not later than December 31, 2011, and biennially thereafter, the 
Administrator shall submit to Congress a report on the grant programs 
authorized under this Act. Each such report shall include a description 
of the eligible activities carried out with grants awarded under the 
Act during the previous two fiscal years, an assessment of the success 
and impact of such activities, and a description of the type of 
programs carried out with such grant, disaggregated by State.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator--
            (1) to carry out the Environmental Literacy Grant Program 
        authorized by section 4 (including administrative expenses for 
        preparing the report under section 6)--
                    (A) for fiscal year 2011, $13,200,000;
                    (B) for fiscal year 2012, $14,500,000;
                    (C) for fiscal year 2013, $16,000,000;
                    (D) for fiscal year 2014, $17,600,000; and
                    (E) for fiscal year 2015, $19,300,000; and
            (2) to carry out the B-WET Program authorized by section 5 
        (including administrative expenses for preparing the report 
        under section 6)--
                    (A) for fiscal year 2011, $10,700,000;
                    (B) for fiscal year 2012, $11,700,000;
                    (C) for fiscal year 2013, $12,900,000;
                    (D) for fiscal year 2014, $14,200,000; and
                    (E) for fiscal year 2015, $15,600,000.
    (b) Prohibition on Earmarks.--None of the funds appropriated 
pursuant to subsection (a) may be used for

              

 a congressional earmark as defined in clause 9(e) of rule XXI of the 
Rules of the House of Representatives.

            Passed the House of Representatives March 19, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
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