IB 

Union Calendar No. 414 

117TH CONGRESS 

2D SESSION H. R. 3540 

[Report No. 117–573] 

To reauthorize the Chesapeake Bay Office of the National Oceanic and 

Atmospheric Administration, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2021 

Mr. SARBANES (for himself, Mr. SCOTT of Virginia, Mr. WITTMAN, Mr. CONNOLLY, Mr. BROWN of Maryland, Mr. RUPPERSBERGER, Ms. WEXTON, 

Mr. HOYER, Ms. BLUNT ROCHESTER, Mr. CARTWRIGHT, Mrs. LURIA, 

Mr. MCEACHIN, Ms. SPANBERGER, Mr. RASKIN, Ms. NORTON, Mr. 

MFUME, and Mr. TRONE) introduced the following bill; which was referred to the Committee on Natural Resources 

NOVEMBER 16, 2022 

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 May 25, 2021] 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 3540 RH

A BILL 

To reauthorize the Chesapeake Bay Office of the National 

Oceanic and Atmospheric Administration, and for other 

purposes. 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•HR 3540 RH

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 Science, 

5 Education, and Ecosystem Enhancement Act of 2021’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that the National Oceanic 

8 and Atmospheric Administration’s Chesapeake Bay Office 

9 should be the primary representative of the National Oce10 anic and Atmospheric Administration in the Chesapeake 

11 Bay watershed. 

12 SEC. 3. REAUTHORIZATION OF THE NATIONAL OCEANIC 

13 AND ATMOSPHERIC ADMINISTRATION CHESA14 PEAKE BAY OFFICE. 

15 Section 307 of the National Oceanic and Atmospheric 

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

17 1511d) is amended— 

18 (1) in subsection (a)— 

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

20 section’’ and all that follows and inserting a pe21 riod; 

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

23 follows: 

24 ‘‘(2) The Office shall be headed by a Director, who— 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•HR 3540 RH

1 ‘‘(A) shall have knowledge and experience in re2 search or resource management efforts in the Chesa3 peake Bay; and 

4 ‘‘(B) shall be responsible for the administration 

5 and operation of the office and the implementation of 

6 this section.’’; and 

7 (C) by striking paragraph (3); 

8 (2) in subsection (b)— 

9 (A) in paragraph (2), by striking ‘‘Sec10 retary of Commerce’’ and inserting ‘‘Adminis11 trator’’; 

12 (B) in paragraph (3)— 

13 (i) by inserting ‘‘with and represent’’ 

14 after ‘‘coordinate’’; 

15 (ii) by striking ‘‘, the Chesapeake Bay 

16 Regional Sea Grant Programs, and the 

17 Chesapeake Bay units of the National Estu18 arine Research Reserve System,’’ and in19 serting ‘‘for the Chesapeake Bay Program 

20 and that relate to the Chesapeake Bay wa21 tershed in furtherance of such Administra22 tion’s coastal resource stewardship mis23 sion,’’; 

24 (iii) in subparagraph (A)— 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•HR 3540 RH

1 (I) in clauses (vi) and (vii), by 

2 striking ‘‘and’’ at the end; and 

3 (II) by adding at the end the fol4 lowing: 

5 ‘‘(viii) coastal hazards and climate 

6 change; and 

7 ‘‘(ix) education; and’’; and 

8 (iv) in subparagraph (B)— 

9 (I) in clause (iii), by striking 

10 ‘‘and’’ at the end; 

11 (II) in clause (iv), by inserting 

12 ‘‘and’’ after the semicolon; and 

13 (III) by adding at the end the fol14 lowing: 

15 ‘‘(v) integrated ecosystem assess16 ments;’’; 

17 (C) in paragraph (4)— 

18 (i) by striking ‘‘Environmental Protec19 tion Agency’’ and inserting ‘‘Chesapeake 

20 Executive Council’’; and 

21 (ii) by inserting before the semicolon at 

22 the end the following: ‘‘as appropriate to 

23 further the purposes of this section’’; 

24 (D) by striking paragraphs (5) and (7); 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•HR 3540 RH

1 (E) by redesignating paragraph (6) as 

2 paragraph (5); and 

3 (F) by adding at the end the following: 

4 ‘‘(6) perform any functions necessary to support 

5 the programs referred to in paragraph (3).’’; 

6 (3) by striking subsections (c), (d), and (e); and 

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

8 ‘‘(c) PROGRAM ACTIVITIES.— 

9 ‘‘(1) IN GENERAL.—The Administrator, through 

10 the Director, shall implement the program activities 

11 authorized by this section to support the activity of 

12 the Chesapeake Executive Council and to further the 

13 purposes of this section. 

14 ‘‘(2) ENSURING SCIENTIFIC AND TECHNICAL

15 MERIT.—The Director shall— 

16 ‘‘(A) establish and use an effective and 

17 transparent mechanism to ensure that projects 

18 funded under this section have undergone appro19 priate peer review; and 

20 ‘‘(B) provide other appropriate means to 

21 determine that such projects have acceptable sci22 entific and technical merit for the purpose of 

23 achieving maximum use of available funds and 

24 resources to benefit the Chesapeake Bay area. 


pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•HR 3540 RH

1 ‘‘(3) CONSULTATION WITH CHESAPEAKE EXECU2 TIVE COUNCIL.—The Director shall, in the implemen3 tation of the program activities authorized under this 

4 section, consult with the Chesapeake Executive Coun5 cil, to ensure that the activities of the Office are con6 sistent with the purposes and priorities of the Chesa7 peake Bay Agreement and plans developed pursuant 

8 to the such agreement. 

9 ‘‘(4) INTEGRATED COASTAL OBSERVATIONS.— 

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

11 through the Director, may collaborate with sci12 entific and academic institutions, State and 

13 Federal agencies, non-governmental organiza14 tions, and other constituents in the Chesapeake 

15 Bay watershed, to support an integrated observa16 tions system for the Chesapeake Bay consistent 

17 with the purposes of the Integrated Coastal and 

18 Ocean Observation System Act of 2009 (33 

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

20 ‘‘(B) SPECIFIC REQUIREMENTS.—To sup21 port the system referred to in subparagraph (A) 

22 and provide a complete set of environmental in23 formation for the Chesapeake Bay, the Director 

24 shall— 


pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•HR 3540 RH

1 ‘‘(i) coordinate monitoring with Fed2 eral and State agencies in the tidal portions 

3 of the Chesapeake Bay to understand im4 pacts of water quality on living marine re5 sources; 

6 ‘‘(ii) identify new data collection needs 

7 and deploy new technologies, as appro8 priate; 

9 ‘‘(iii) collect and analyze the scientific 

10 information necessary for the management 

11 of living marine resources and the marine 

12 habitat associated with such resources; and 

13 ‘‘(iv) organize the information de14 scribed in clause (iii) into products that are 

15 useful to policy makers, resource managers, 

16 scientists, and the public. 

17 ‘‘(C) CHESAPEAKE BAY INTERPRETIVE BUOY

18 SYSTEM.—To further the development and imple19 mentation of the Chesapeake Bay Interpretive 

20 Buoy System and associated monitoring assets to 

21 improve weather and ecological forecasts, mon22 itor habitat conditions for living marine re23 sources, the Director may— 


pbinns on DSKJLVW7X2PROD with $$_JOB
9 

•HR 3540 RH

1 ‘‘(i) support the establishment and im2 plementation of the Captain John Smith 

3 Chesapeake National Historic Trail; 

4 ‘‘(ii) delineate key waypoints along the 

5 trail and provide appropriate real-time 

6 data and information for trail users; 

7 ‘‘(iii) interpret data and information 

8 for use by educators and students to inspire 

9 stewardship of Chesapeake Bay; and 

10 ‘‘(iv) incorporate the observational 

11 data from the Chesapeake Bay Interpretive 

12 Buoy System into the Integrated Ocean Ob13 serving System regional network of observ14 atories. 

15 ‘‘(5) CHESAPEAKE BAY WATERSHED EDUCATION

16 AND TRAINING PROGRAM.— 

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

18 through the Director, may establish a Chesapeake 

19 Bay watershed education and training program. 

20 The program shall— 

21 ‘‘(i) continue and expand the Chesa22 peake Bay watershed education programs 

23 offered by the Office immediately before the 

24 enactment of the Chesapeake Bay Science, 


pbinns on DSKJLVW7X2PROD with $$_JOB
10 

•HR 3540 RH

1 Education, and Ecosystem Enhancement 

2 Act of 2021; 

3 ‘‘(ii) improve the understanding of ele4 mentary and secondary school students and 

5 teachers of the living resources of the eco6 system of the Chesapeake Bay; 

7 ‘‘(iii) provide education and career 

8 pathway internships; and 

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

10 Chesapeake Bay Watershed Agreement. 

11 ‘‘(B) GRANT PROGRAM.—The Director may 

12 award grants for the purposes of this paragraph. 

13 Grants awarded under this subparagraph may 

14 be used to support education and training 

15 projects that enhance understanding and assess16 ment of a specific environmental problem in the 

17 Chesapeake Bay watershed or a goal of the 

18 Chesapeake Bay Program, or protect or restore 

19 living resources of the Chesapeake Bay water20 shed, including projects that— 

21 ‘‘(i) provide classroom education, in22 cluding the development and use of distance 

23 learning and other innovative technologies, 

24 related to the Chesapeake Bay watershed; 


pbinns on DSKJLVW7X2PROD with $$_JOB
11 

•HR 3540 RH

1 ‘‘(ii) provide meaningful watershed 

2 educational experiences in the Chesapeake 

3 Bay watershed; 

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 and 

17 ‘‘(vi) build the capacity of school dis18 tricts and their partners to deliver high 

19 quality environmental education programs. 

20 ‘‘(C) COORDINATION.—The Director shall 

21 implement the education and training program 

22 in coordination with the heads of other Federal 

23 agencies, as the Director determines appropriate. 

24 ‘‘(6) COASTAL AND LIVING RESOURCES MANAGE25 MENT AND HABITAT PROGRAM.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
12 

•HR 3540 RH

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

2 through the Director, may establish a Chesapeake 

3 Bay Coastal Living Resources Management and 

4 Habitat Program to support coordinated man5 agement, protection, characterization, and res6 toration of priority Chesapeake Bay habitats 

7 and living resources, including oysters, blue 

8 crabs, submerged aquatic vegetation, and eco9 nomically and ecologically important fish species 

10 such as striped bass and menhaden. 

11 ‘‘(B) ACTIVITIES.—Under the Chesapeake 

12 Bay Coastal Living Resources Management and 

13 Habitat Program, the Director may carry out or 

14 enter into grants, contracts, and cooperative 

15 agreements and provide technical assistance to 

16 support— 

17 ‘‘(i) native oyster research and restora18 tion; 

19 ‘‘(ii) fish and shellfish aquaculture that 

20 is carried out in accordance with a valid 

21 Federal or State permit; 

22 ‘‘(iii) establishment of submerged 

23 aquatic vegetation restoration programs; 


pbinns on DSKJLVW7X2PROD with $$_JOB
13 

•HR 3540 RH

1 ‘‘(iv) the development of programs that 

2 restore, protect, and build the resilience of 

3 critical coastal habitats and communities; 

4 ‘‘(v) habitat mapping, characteriza5 tion, and assessment techniques necessary to 

6 identify, assess, and monitor Chesapeake 

7 Bay conditions and restoration actions; 

8 ‘‘(vi) application and transfer of ap9 plied scientific research and ecosystem man10 agement tools to fisheries and habitat man11 agers; 

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

13 of information to inform and influence 

14 coastal and living resource management 

15 issues; 

16 ‘‘(viii) ecologically and economically 

17 important fish and shellfish research; and 

18 ‘‘(ix) other activities that the director 

19 determines are appropriate to carry out the 

20 purposes of such program. 

21 ‘‘(d) DELEGATION.— 

22 ‘‘(1) AUTHORITY.—The Administrator shall dele23 gate to the Director such authority as may be nec24 essary to carry out this section. 


pbinns on DSKJLVW7X2PROD with $$_JOB
14 

•HR 3540 RH

1 ‘‘(2) STAFF.—The Administrator shall delegate 

2 to the Director appropriate staff representing exper3 tise that covers the breadth of the duties of the Office. 

4 ‘‘(e) REPORTS.— 

5 ‘‘(1) IN GENERAL.—The Administrator, through 

6 the Director, shall submit a biennial report to the 

7 Congress and the Secretary of Commerce on the ac8 tivities of the Office and on progress made in pro9 tecting and restoring the living resources and habitat 

10 of the Chesapeake Bay. 

11 ‘‘(2) ACTION PLAN.—Each such report shall in12 clude an action plan for the 2-year period following 

13 submission of the report, consisting of— 

14 ‘‘(A) a list of recommended research, moni15 toring, and data collection activities necessary to 

16 continue implementation of the strategy under 

17 subsection (b)(2); and 

18 ‘‘(B) recommendations to integrate National 

19 Oceanic and Atmospheric Administration activi20 ties with the activities of the partners in the 

21 Chesapeake Bay Program to meet the commit22 ments of the Chesapeake Bay Agreement and 

23 subsequent agreements. 

24 ‘‘(f) AGREEMENTS.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
15 

•HR 3540 RH

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

2 the Director, may enter into and perform such con3 tracts, leases, grants, or cooperative agreements as 

4 may be necessary to carry out the purposes of this 

5 Act. 

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

7 related to the understanding, protection, and restora8 tion of Chesapeake Bay, the Director may use, with 

9 consent and with or without reimbursement, the land, 

10 services, equipment, personnel, and facilities of any 

11 Department, agency, or instrumentality of the United 

12 States, or of any State, local government, Indian 

13 Tribe, or of any political subdivision thereof. 

14 ‘‘(g) DEFINITIONS.—In this section, the following defi15 nitions apply: 

16 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis17 trator’ means the Administrator of the National Oce18 anic and Atmospheric Administration. 

19 ‘‘(2) CHESAPEAKE BAY AGREEMENT; CHESA20 PEAKE BAY ECOSYSTEM; CHESAPEAKE BAY PROGRAM; 

21 CHESAPEAKE EXECUTIVE COUNCIL.—The terms 

22 ‘Chesapeake Bay Agreement’, ‘Chesapeake Bay eco23 system’, ‘Chesapeake Bay Program’, and ‘Chesapeake 

24 Executive Council’ have the meanings given those 


pbinns on DSKJLVW7X2PROD with $$_JOB
16 

•HR 3540 RH

1 terms in section 117(a) of the Federal Water Pollu2 tion Control Act (33 U.S.C. 1267(a)). 

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

4 Director of the Office. 

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

6 Chesapeake Bay Office established under this section. 

7 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to the Secretary to carry out 

9 this section— 

10 ‘‘(1) $17,000,000 for fiscal year 2022; 

11 ‘‘(2) $18,700,000 for fiscal year 2023; 

12 ‘‘(3) $20,570,000 for fiscal year 2024; and 

13 ‘‘(4) $22,627,000 for fiscal year 2025.’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB

pbinns on DSKJLVW7X2PROD with $$_JOB
Union Calendar No. 414 

117TH CONGRESS 

2D SESSION H. R. 3540 

[Report No. 117–573] 

A BILL 

To reauthorize the Chesapeake Bay Office of the 

tion, and for other purposes. National Oceanic and Atmospheric AdministraNOVEMBER 16, 2022 

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


pbinns on DSKJLVW7X2PROD with $$_JOB