I 
117TH CONGRESS 
1ST SESSION H. R. 3540 
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. CON-
NOLLY, Mr. BROWN, 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 
A BILL 
To reauthorize the Chesapeake Bay Office of the National 
Oceanic and Atmospheric Administration, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Chesapeake Bay 
Science, Education, and Ecosystem Enhancement Act of 
2021’’. 
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SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that the National Oceanic 
and Atmospheric Administration’s Chesapeake Bay Office 
should be the primary representative of the National Oce-
anic and Atmospheric Administration in the Chesapeake 
Bay watershed. 
SEC. 3. REAUTHORIZATION OF THE NATIONAL OCEANIC 
AND 
ATMOSPHERIC 
ADMINISTRATION 
CHESAPEAKE BAY OFFICE. 
Section 307 of the National Oceanic and Atmospheric 
Administration Authorization Act of 1992 (15 U.S.C. 
1511d) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1) by striking ‘‘(in this 
section’’ and all that follows and inserting a pe-
riod; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) The Office shall be headed by a Director, 
who— 
‘‘(A) shall have knowledge and experience 
in research or resource management efforts in 
the Chesapeake Bay; and 
‘‘(B) shall be responsible for the adminis-
tration and operation of the office and the im-
plementation of this Act.’’; and 
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(C) by striking paragraph (3); 
(2) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘Sec-
retary of Commerce’’ and inserting ‘‘Adminis-
trator’’; 
(B) in paragraph (3)— 
(i) by inserting ‘‘with and represent’’ 
after ‘‘coordinate,’’; 
(ii) by striking ‘‘, the Chesapeake Bay 
Regional Sea Grant Programs, and the 
Chesapeake Bay units of the National Es-
tuarine Research Reserve System,’’ and in-
serting ‘‘for the Chesapeake Bay Program 
and that relate to the Chesapeake Bay wa-
tershed in furtherance of such Administra-
tion’s coastal resource stewardship mis-
sion,’’; 
(iii) in subparagraph (A)— 
(I) in clause (vi), by striking 
‘‘and’’ at the end; and 
(II) by adding at the end the fol-
lowing: 
‘‘(viii) coastal hazards and climate 
change; 
‘‘(ix) education; and’’; and 
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(iv) in subparagraph (B)— 
(I) in clause (iii), by striking 
‘‘and’’ at the end; 
(II) in clause (iv), by inserting 
‘‘and’’ after the semicolon; and 
(III) by adding at the end the 
following: 
‘‘(v) 
integrated 
ecosystem 
assess-
ments;’’; 
(C) in paragraph (4)— 
(i) by striking ‘‘Environmental Pro-
tection Agency’’ and inserting ‘‘Chesapeake 
Executive Council’’; and 
(ii) by inserting before the semicolon 
at the end the following: ‘‘as appropriate to 
further the purposes of this section’’; 
(D) by striking paragraphs (5) and (7); 
(E) by redesignating paragraph (6) as 
paragraph (5); and 
(F) by adding at the end the following: 
‘‘(6) perform any functions necessary to sup-
port the programs referred to in paragraph (3).’’; 
(3) by striking subsections (c), (d), and (e); and 
(4) by adding at the end the following: 
‘‘(c) PROGRAM ACTIVITIES.— 
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‘‘(1) 
IN
GENERAL.—The 
Administrator, 
through the Director, shall implement the program 
activities authorized by this section to support the 
activity of the Chesapeake Executive Council and to 
further the purposes of this section. 
‘‘(2) ENSURING
SCIENTIFIC
AND
TECHNICAL 
MERIT.—The Director shall— 
‘‘(A) establish and use an effective and 
transparent mechanism to ensure that projects 
funded under this section have undergone ap-
propriate peer review; and 
‘‘(B) provide other appropriate means to 
determine that such projects have acceptable 
scientific and technical merit for the purpose of 
achieving maximum use of available funds and 
resources to benefit the Chesapeake Bay area. 
‘‘(3) CONSULTATION WITH CHESAPEAKE EXEC-
UTIVE COUNCIL.—The Director shall, in the imple-
mentation of the program activities authorized under 
this section, consult with the Chesapeake Executive 
Council, to ensure that the activities of the Office 
are consistent with the purposes and priorities of the 
Chesapeake Bay Agreement and plans developed 
pursuant to the such agreement. 
‘‘(4) INTEGRATED COASTAL OBSERVATIONS.— 
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‘‘(A) IN
GENERAL.—The Administrator, 
through the Director, may collaborate with sci-
entific and academic institutions, State and 
Federal agencies, non-governmental organiza-
tions, and other constituents in the Chesapeake 
Bay watershed, to support an integrated obser-
vations system for the Chesapeake Bay con-
sistent with the purposes of the Integrated 
Coastal and Ocean Observation System Act of 
2009 (33 U.S.C. 3601 et seq.). 
‘‘(B) SPECIFIC REQUIREMENTS.—To sup-
port the system referred to in subparagraph (A) 
and provide a complete set of environmental in-
formation for the Chesapeake Bay, the Director 
shall— 
‘‘(i) coordinate monitoring with Fed-
eral and State agencies in the tidal por-
tions of the Chesapeake Bay to understand 
impacts of water quality on living marine 
resources; 
‘‘(ii) identify new data collection needs 
and deploy new technologies, as appro-
priate; 
‘‘(iii) collect and analyze the scientific 
information necessary for the management 
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of living marine resources and the marine 
habitat associated with such resources; and 
‘‘(iv) organize the information de-
scribed in clause (iii) into products that 
are useful to policy makers, resource man-
agers, scientists, and the public. 
‘‘(C) CHESAPEAKE
BAY
INTERPRETIVE 
BUOY
SYSTEM.—To further the development 
and implementation of the Chesapeake Bay In-
terpretive Buoy System and associated moni-
toring assets to improve weather and ecological 
forecasts, monitor habitat conditions for living 
marine resources, the Director may— 
‘‘(i) support the establishment and 
implementation of the Captain John Smith 
Chesapeake National Historic Trail; 
‘‘(ii) delineate key waypoints along the 
trail and provide appropriate real-time 
data and information for trail users; 
‘‘(iii) interpret data and information 
for use by educators and students to in-
spire stewardship of Chesapeake Bay; and 
‘‘(iv) incorporate the Chesapeake Bay 
Interpretive Buoy System into the Inte-
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grated Ocean Observing System regional 
network of observatories. 
‘‘(5) CHESAPEAKE
BAY
WATERSHED
EDU-
CATION AND TRAINING PROGRAM.— 
‘‘(A) IN
GENERAL.—The Administrator, 
through the Director, may establish a Chesa-
peake Bay watershed education and training 
program. The program shall— 
‘‘(i) continue and expand the Chesa-
peake Bay watershed education programs 
offered by the Office immediately before 
the enactment of the Chesapeake Bay 
Science, Education, and Ecosystem En-
hancement Act of 2021; 
‘‘(ii) improve the understanding of el-
ementary and secondary school students 
and teachers of the living resources of the 
ecosystem of the Chesapeake Bay; 
‘‘(iii) provide education and career 
pathway internships; and 
‘‘(iv) meet the educational goals of the 
Chesapeake Bay Watershed Agreement. 
‘‘(B) GRANT
PROGRAM.—The Director 
may award grants for the purposes of this para-
graph. Grants awarded under this subpara-
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graph may be used to support education and 
training projects that enhance understanding 
and assessment of a specific environmental 
problem in the Chesapeake Bay watershed or a 
goal of the Chesapeake Bay Program, or pro-
tect or restore living resources of the Chesa-
peake Bay watershed, including projects that— 
‘‘(i) provide classroom education, in-
cluding the development and use of dis-
tance learning and other innovative tech-
nologies, related to the Chesapeake Bay 
watershed; 
‘‘(ii) provide meaningful watershed 
educational experiences in the Chesapeake 
Bay watershed; 
‘‘(iii) provide professional development 
for teachers related to the Chesapeake Bay 
watershed and the dissemination of perti-
nent education materials oriented to vary-
ing grade levels; 
‘‘(iv) demonstrate or disseminate envi-
ronmental educational tools and materials 
related to the Chesapeake Bay watershed; 
‘‘(v) demonstrate field methods, prac-
tices, and techniques including assessment 
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of environmental and ecological conditions 
and analysis of environmental problems; 
and 
‘‘(vi) build the capacity of school dis-
tricts and their partners to deliver high 
quality environmental education programs. 
‘‘(C) COORDINATION.—The Director shall 
implement the education and training program 
in coordination with the heads of other Federal 
agencies, as the Director determines appro-
priate. 
‘‘(6) COASTAL AND LIVING RESOURCES MAN-
AGEMENT AND HABITAT PROGRAM.— 
‘‘(A) IN
GENERAL.—The Administrator, 
through the Director, may establish a Chesa-
peake Bay Coastal Living Resources Manage-
ment and Habitat Program to support coordi-
nated management, protection, characterization, 
and restoration of priority Chesapeake Bay 
habitats and living resources, including oysters, 
blue crabs, submerged aquatic vegetation, and 
economically and ecologically important fish 
species such as striped bass and menhaden. 
‘‘(B) ACTIVITIES.—Under the Chesapeake 
Bay Coastal Living Resources Management and 
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Habitat Program, the Director may carry out 
or enter into grants, contracts, and cooperative 
agreements and provide technical assistance to 
support— 
‘‘(i) native oyster research and res-
toration; 
‘‘(ii) fish and shellfish aquaculture 
that is carried out in accordance with a 
valid Federal or State permit; 
‘‘(iii) establishment of submerged 
aquatic vegetation restoration programs; 
‘‘(iv) the development of programs 
that restore, protect, and build the resil-
ience of critical coastal habitats and com-
munities; 
‘‘(v) habitat mapping, characteriza-
tion, and assessment techniques necessary 
to identify, assess, and monitor Chesa-
peake Bay conditions and restoration ac-
tions; 
‘‘(vi) application and transfer of ap-
plied scientific research and ecosystem 
management tools to fisheries and habitat 
managers; 
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‘‘(vii) collection, synthesis, and shar-
ing of information to inform and influence 
coastal and living resource management 
issues; 
‘‘(viii) ecologically and economically 
important fish and shellfish research; and 
‘‘(ix) other activities that the director 
determines are appropriate to carry out 
the purposes of such program. 
‘‘(d) DELEGATION.— 
‘‘(1) AUTHORITY.—The Administrator shall del-
egate to the Director such authority as may be nec-
essary to carry out this section. 
‘‘(2) STAFF.—The Administrator shall delegate 
to the Director appropriate staff representing exper-
tise that covers the breadth of the duties of the Of-
fice. 
‘‘(e) REPORTS.— 
‘‘(1) 
IN
GENERAL.—The 
Administrator, 
through the Director, shall submit a biennial report 
to the Congress and the Secretary of Commerce on 
the activities of the Office and on progress made in 
protecting and restoring the living resources and 
habitat of the Chesapeake Bay. 
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‘‘(2) ACTION PLAN.—Each such report shall in-
clude an action plan for the 2-year period following 
submission of the report, consisting of— 
‘‘(A) a list of recommended research, moni-
toring, and data collection activities necessary 
to continue implementation of the strategy 
under subsection (b)(2); and 
‘‘(B) recommendations to integrate Na-
tional Oceanic and Atmospheric Administration 
activities with the activities of the partners in 
the Chesapeake Bay Program to meet the com-
mitments of the Chesapeake Bay Agreement 
and subsequent agreements. 
‘‘(f) AGREEMENTS.— 
‘‘(1) 
IN
GENERAL.—The 
Administrator, 
through the Director, may enter into and perform 
such contracts, leases, grants, or cooperative agree-
ments as may be necessary to carry out the purposes 
of this Act. 
‘‘(2) USE
OF
OTHER
RESOURCES.—For pur-
poses related to the understanding, protection, and 
restoration of Chesapeake Bay, the Director may 
use, with consent and with or without reimburse-
ment, the land, services, equipment, personnel, and 
facilities of any Department, agency, or instrumen-
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tality of the United States, or of any State, local 
government, Indian Tribe, or of any political sub-
division thereof. 
‘‘(g) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the National 
Oceanic and Atmospheric Administration. 
‘‘(2) CHESAPEAKE
BAY
AGREEMENT; CHESA-
PEAKE
BAY
ECOSYSTEM; CHESAPEAKE
BAY
PRO-
GRAM; 
CHESAPEAKE
EXECUTIVE
COUNCIL.—The 
terms ‘Chesapeake Bay Agreement’, ‘Chesapeake 
Bay ecosystem’, ‘Chesapeake Bay Program’, and 
‘Chesapeake Executive Council’ have the meanings 
given those terms in section 117(a) of the Federal 
Water Pollution Control Act (33 U.S.C. 1267(a)). 
‘‘(3) DIRECTOR.—The term ‘Director’ means 
the Director of the Office. 
‘‘(4) OFFICE.—The term ‘Office’ means the 
Chesapeake Bay Office established under this sec-
tion. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Secretary to carry 
out this section— 
‘‘(1) $17,000,000 for fiscal year 2022; 
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‘‘(2) $18,700,000 for fiscal year 2023; 
‘‘(3) $20,570,000 for fiscal year 2024; and 
‘‘(4) $22,627,000 for fiscal year 2025.’’. 
Æ 
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