Title: Chesapeake Bay Science, Education, and Ecosystem Enhancement Act of 2021
Policy area: Environmental Protection

Summary:
Chesapeake Bay Science, Education, and Ecosystem Enhancement Act of 2021
This bill reauthorizes through FY2025 the National Oceanic and Atmospheric Administration's Chesapeake Bay Office and revises requirements concerning the office and its activities. It also authorizes the office to establish a Chesapeake Bay watershed education and training program as well as a program to support coordinated management, protection, characterization, and restoration of priority habitats and living resources.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1816 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1816

     To amend the National Oceanic and Atmospheric Administration 
 Authorization Act of 1992 to reauthorize the Chesapeake Bay Office of 
  the National Oceanic and Atmospheric Administration, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2021

  Mr. Warner (for himself, Mr. Casey, Mr. Van Hollen, Mr. Kaine, Mr. 
Cardin, and Mr. Manchin) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
     To amend the National Oceanic and Atmospheric Administration 
 Authorization Act of 1992 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 Representatives 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''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that the Chesapeake Bay Office of the 
National Oceanic and Atmospheric Administration should be the primary 
representative of the National Oceanic and Atmospheric Administration 
in the Chesapeake Bay watershed.

SEC. 3. REAUTHORIZATION OF THE CHESAPEAKE BAY OFFICE OF THE NATIONAL 
              OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    (a) Establishment.--Section 307(a) of the National Oceanic and 
Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 
1511d(a)) is amended--
            (1) in paragraph (1), by striking ``(in this section'' and 
        all that follows and inserting a period;
            (2) by amending paragraph (2) to read as follows:
            ``(2) The Office shall be headed by a Director, who shall--
                    ``(A) have knowledge and experience in research or 
                resource management efforts in the Chesapeake Bay; and
                    ``(B) be responsible for--
                            ``(i) the administration and operation of 
                        the Office; and
                            ``(ii) the implementation of this 
                        section.''; and
            (3) by striking paragraph (3).
    (b) Functions.--Section 307(b) of such Act (15 U.S.C. 1511d(b)) is 
amended--
            (1) in paragraph (2), by striking ``Secretary of Commerce'' 
        and inserting ``Administrator'';
            (2) in paragraph (3)--
                    (A) in the matter preceding subparagraph (A)--
                            (i) by inserting ``with and represent'' 
                        after ``coordinate''; and
                            (ii) by striking ``, the Chesapeake Bay 
                        Regional Sea Grant Programs, and the Chesapeake 
                        Bay units of the National Estuarine Research 
                        Reserve System,'' and inserting ``for the 
                        Chesapeake Bay Program and that relate to the 
                        Chesapeake Bay watershed, in furtherance of the 
                        coastal resource stewardship mission of the 
                        Administration,'';
                    (B) in subparagraph (A)--
                            (i) in clause (vi), by striking ``and'' at 
                        the end;
                            (ii) in clause (vii), by striking ``and'' 
                        at the end; and
                            (iii) by adding at the end the following:
                            ``(viii) coastal hazards and climate 
                        change; and
                            ``(ix) education; and''; and
                    (C) 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 assessments;'';
            (3) in paragraph (4)--
                    (A) by striking ``Environmental Protection Agency'' 
                and inserting ``Chesapeake Executive Council''; and
                    (B) by inserting before the semicolon at the end 
                the following: ``as appropriate to further the purposes 
                of this section'';
            (4) by striking paragraphs (5) and (7);
            (5) by redesignating paragraph (6) as paragraph (5); and
            (6) by adding at the end the following:
            ``(6) perform any functions necessary to support the 
        programs and activities described in paragraph (3).''.
    (c) Activities.--Such Act (15 U.S.C. 1511d et seq.) is amended--
            (1) by striking subsections (c), (d), and (e); and
            (2) by adding at the end the following:
    ``(c) Activities.--
            ``(1) In general.--The Administrator, through the Director, 
        shall implement the activities authorized under this section--
                    ``(A) to support the activities of the Chesapeake 
                Executive Council; and
                    ``(B) 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 appropriate 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 executive council.--In 
        implementing the activities authorized under this section, the 
        Director shall 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 that agreement.
            ``(4) Integrated coastal observations.--
                    ``(A) In general.--The Administrator, through the 
                Director, may collaborate with scientific and academic 
                institutions, State and Federal agencies, 
                nongovernmental organizations, and other constituents 
                in the Chesapeake Bay watershed to support an 
                integrated observations system for the Chesapeake Bay 
                consistent 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 support the system 
                described in subparagraph (A) and provide a complete 
                set of environmental information for the Chesapeake 
                Bay, the Director shall--
                            ``(i) coordinate monitoring with Federal 
                        and State agencies in the tidal portions of the 
                        Chesapeake Bay to understand effects of water 
                        quality on living marine resources;
                            ``(ii) identify new data collection needs 
                        and deploy new technologies, as appropriate;
                            ``(iii) collect and analyze the scientific 
                        information necessary for the management of 
                        living marine resources and the marine habitat 
                        associated with such resources; and
                            ``(iv) organize the information described 
                        in clause (iii) into products that are useful 
                        to policy makers, resource managers, 
                        scientists, and the public.
                    ``(C) Chesapeake bay interpretive buoy system.--To 
                further the development and implementation of the 
                Chesapeake Bay Interpretive Buoy System and associated 
                monitoring assets to improve weather and ecological 
                forecasts and 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 designated 
                        by section 5(a)(25) of the National Trails 
                        System Act (16 U.S.C. 1244(a)(25));
                            ``(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 inspire 
                        stewardship of the Chesapeake Bay; and
                            ``(iv) incorporate the Chesapeake Bay 
                        Interpretive Buoy System into the Integrated 
                        Ocean Observing System regional network of 
                        observatories.
            ``(5) Chesapeake bay watershed education and training 
        program.--
                    ``(A) In general.--The Administrator, through the 
                Director, may establish a program, to be known as the 
                `Chesapeake Bay Watershed Education and Training 
                Program'.
                    ``(B) Program objectives.--The Chesapeake Bay 
                Watershed Education and Training Program shall--
                            ``(i) continue and expand the Chesapeake 
                        Bay watershed education programs offered by the 
                        Office immediately before the date of the 
                        enactment of the Chesapeake Bay Science, 
                        Education, and Ecosystem Enhancement Act of 
                        2021;
                            ``(ii) improve the understanding of 
                        elementary 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.
                    ``(C) Grant program.--
                            ``(i) In general.--The Director may award 
                        grants to carry out the Chesapeake Bay 
                        Watershed Education and Training Program.
                            ``(ii) Use of funds.--Grants awarded under 
                        clause (i) 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 to 
                        protect or restore living resources of the 
                        Chesapeake Bay watershed, including projects 
                        that--
                                    ``(I) provide classroom education, 
                                including the development and use of 
                                distance learning and other innovative 
                                technologies, 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 
                                disseminate pertinent education 
                                materials oriented to varying grade 
                                levels;
                                    ``(IV) demonstrate or disseminate 
                                environmental educational tools and 
                                materials related to the Chesapeake Bay 
                                watershed;
                                    ``(V) demonstrate field methods, 
                                practices, and techniques, including 
                                assessment of environmental and 
                                ecological conditions and analysis of 
                                environmental problems; and
                                    ``(VI) build the capacity of school 
                                districts and partners of school 
                                districts to deliver high quality 
                                environmental education programs.
                    ``(D) Coordination.--The Director shall implement 
                the Chesapeake Bay Watershed Education and Training 
                Program in coordination with the heads of other Federal 
                agencies, as the Director determines appropriate.
            ``(6) Coastal and living resources management and habitat 
        program.--
                    ``(A) In general.--The Administrator, through the 
                Director, may establish a program, to be known as the 
                `Chesapeake Bay Coastal Living Resources Management and 
                Habitat Program', to support coordinated 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 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 
                        restoration;
                            ``(ii) fish and shellfish aquaculture that 
                        is carried out in accordance with a valid 
                        Federal or State permit;
                            ``(iii) the establishment of submerged 
                        aquatic vegetation restoration programs;
                            ``(iv) the development of programs that 
                        restore, protect, and build the resilience of 
                        critical coastal habitats and communities;
                            ``(v) habitat mapping, characterization, 
                        and assessment techniques necessary to 
                        identify, assess, and monitor Chesapeake Bay 
                        conditions and restoration actions;
                            ``(vi) application and transfer of applied 
                        scientific research and ecosystem management 
                        tools to fisheries and habitat managers;
                            ``(vii) collection, synthesis, and sharing 
                        of information to inform and influence coastal 
                        and living resource management issues;
                            ``(viii) ecologically and economically 
                        important fish and shellfish research; and
                            ``(ix) such other activities as the 
                        Director determines appropriate to carry out 
                        the purposes of the Chesapeake Bay Coastal 
                        Living Resources Management and Habitat 
                        Program.''.
    (d) Delegation of Authority; Staff; Reports; Agreements.--Such Act 
(15 U.S.C. 1511d et seq.), as amended by subsection (c), is further 
amended by adding the end the following:
    ``(d) Delegation of Authority; Staff.--
            ``(1) Authority.--The Administrator shall delegate to the 
        Director such authority as may be necessary to carry out this 
        section.
            ``(2) Staff.--The Administrator shall provide to the 
        Director appropriate staff representing expertise that covers 
        the breadth of the duties of the Office.
    ``(e) Reports.--
            ``(1) In general.--Not less frequently than once every 2 
        years, the Administrator, through the Director, shall submit to 
        Congress and the Secretary of Commerce a report on--
                    ``(A) the activities of the Office during the 
                period covered by the report; and
                    ``(B) progress made in protecting and restoring the 
                living resources and habitat of the Chesapeake Bay 
                during the period covered by the report.
            ``(2) Action plan.--Each such report required by paragraph 
        (1) shall include an action plan for the 2-year period 
        following the date on which the report is submitted, consisting 
        of--
                    ``(A) a list of recommended research, monitoring, 
                and data collection activities necessary to continue 
                implementation of the strategy required by subsection 
                (b)(2); and
                    ``(B) recommendations to integrate activities of 
                the National Oceanic and Atmospheric Administration 
                with the activities of the partners in the Chesapeake 
                Bay Program to meet the commitments 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 agreements as may be necessary to carry out this 
        section.
            ``(2) Use of other resources.--For purposes related to the 
        understanding, protection, and restoration of Chesapeake Bay, 
        the Director may use, with consent and with or without 
        reimbursement, the land, services, equipment, personnel, and 
        facilities of any Department, agency, or instrumentality of the 
        United States, or of any State or local government or Indian 
        Tribe, or of any political subdivision thereof.''.
    (e) Definitions; Authorization of Appropriations.--Such Act (15 
U.S.C. 1511d et seq.), as amended by subsections (c) and (d), is 
further amended by adding the end the following:
    ``(g) Definitions.--In this section:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            ``(2) Chesapeake bay agreement; chesapeake bay ecosystem; 
        chesapeake bay program; 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 section.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Commerce to carry out this section--
            ``(1) $17,000,000 for fiscal year 2022;
            ``(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.''.
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