HR 3644 RFS 
by a grant recipient beyond the time period in which ac-
tivities 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 imple-
mentation of this grant program, including publication of 
criteria for eligible entities, identification of national prior-
ities, 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 ADMINIS-
TRATOR.—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 
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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 re-
gional 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 cre-
ate new regional programs under the B-WET Pro-
gram 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 in-
clude the following: 
(i) Evaluation of the need for new re-
gional program in areas that are not 
served under the B-WET Program on the 
date of enactment of this Act. 
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(ii) Identification of potential new re-
gional programs, including a listing of po-
tential principal non-Federal partners. 
(iii) A comprehensive budget for fu-
ture expansion of the B-WET Program 
over the period for which appropriations 
are authorized under this Act. 
(iv) Such other information as the Ad-
ministrator considers necessary. 
(C) CONSULTATION
AND
PUBLIC
COM-
MENT.—The Administrator shall consult with 
relevant stakeholders and provide opportunity 
for public comment in the development of the 
strategy. 
(D) SUBMISSION TO CONGRESS.—The Ad-
ministrator shall submit the strategy to the 
Committee on Natural Resources of the House 
of Representatives and the Committee on Com-
merce, Science, and Transportation of the Sen-
ate 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— 
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(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 Adminis-
trator and relevant stakeholders within a region 
or regions; 
(C) changes in resources available to the 
Administrator to implement the B-WET Pro-
gram; 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 
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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 appoint-
ment as a regional program manager, an individual 
must— 
(A) reside in the region for which ap-
pointed; and 
(B) demonstrate competence and expertise 
in bay-watershed education and training. 
(3) FUNCTIONS.—Each regional program man-
ager shall— 
(A) be responsible for managing and ad-
ministering the B-WET Program in the region 
for which appointed, in accordance with this 
Act; 
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(B) determine the most appropriate com-
munities within the region to be served by the 
B-WET Program; 
(C) encourage water-dependent, wildlife-de-
pendent, and other outdoor recreation, experi-
ential learning experiences for students, and 
hands-on involvement with coastal and water-
shed resources as a method of promoting stew-
ardship and sustainable economic development 
of those resources and complementing core 
classroom curriculum; 
(D) support communication and collabora-
tion among educators, natural resource plan-
ners and managers, and governmental and non-
governmental stakeholders; 
(E) share and distribute information re-
garding educational plans, strategies, learning 
activities, and curricula to all stakeholders with-
in its region; 
(F) provide financial and technical assist-
ance pursuant to the guidelines developed by 
the Administrator under this section; and 
(G) perform any additional duties as nec-
essary to carry out the functions of the pro-
gram. 
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(e) PROGRAM GUIDELINES.—No later than 180 days 
after the date of enactment of this Act and after consulta-
tion 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 cre-
ate 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 prac-
tices, methods, or techniques related to Bay-water-
shed education and training. 
(2) GRANT MAKING AND COOPERATIVE AGREE-
MENTS.— 
(A) IN
GENERAL.—The Administrator 
shall create guidelines through which each re-
gional 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 na-
tional priorities, establishment of performance 
measures to evaluate program effectiveness, and 
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reporting requirements for grant award recipi-
ents. 
(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 in-
corporate bay-watershed education into 
formal and informal education systems; 
(iii) build capacity within bay-water-
shed education communities and stake-
holder groups for expanding and strength-
ening 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 ag-
gregate cost of such project. 
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(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 be-
cause of the small population or low income of the 
community, or any other person for any other reason 
the Administrator considers appropriate and con-
sistent 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 Man-
agers. 
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(6) Management, tracking, and oversight of the 
B-WET Program. 
(h) LIMITATION ON USE OF FUNDS BY ADMINIS-
TRATOR.—Of the amounts made available to implement 
this section— 
(1) no less than 80 percent shall be used for 
implementation of regional program activities, in-
cluding the award of grants; and 
(2) no more than 20 percent may be used by 
the Administrator to implement the regional pro-
grams 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— 
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(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 author-
ized 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 
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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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