II
111th CONGRESS
1st Session
S. 1224
IN THE SENATE OF THE UNITED STATES
June 10, 2009
Mr. Warner (for himself, Ms. Mikulski, Mr. Cardin, and Mr. Webb) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To reauthorize the Chesapeake Bay Office of the National Oceanic and Atmospheric Administration, and for other purposes.
Short title
This Act may be cited as the
Chesapeake Bay Science, Education, and
Ecosystem Enhancement Act of 2009
.
Reauthorization of Chesapeake Bay Office of National Oceanic and Atmospheric Administration
Section 307 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d) is amended—
in subsection (a)—
in paragraph (1)—
by
striking (1) The Secretary
and inserting the following:
In general
The Secretary
; and
by
striking (in this section
and all that follows and inserting a
period;
by amending paragraph (2) to read as follows:
Director
In general
The Office shall be headed by a Director who shall be selected by the Secretary of Commerce from among individuals who have knowledge and experience in research or resource management efforts in the Chesapeake Bay.
Duties
The duties of the Director are as follows:
Administration and operation of the Office.
Carrying out the provisions of this section.
; and
by striking paragraph (3);
in subsection (b)—
by striking the matter preceding paragraph (1) and inserting the following:
Purpose
The purpose of this section is to focus the relevant science, research, and resource management capabilities of the National Oceanic and Atmospheric Administration as they apply to the Chesapeake Bay and to utilize the Office to—
;
in paragraph (2),
by striking Secretary of Commerce
and inserting
Administrator
;
in paragraph (3)—
by striking the matter preceding subparagraph (A) and inserting the following:
coordinate with the programs and activities of the various organizations within the National Oceanic and Atmospheric Administration in furtherance of such administration's coastal resource stewardship mission, including—
;
in subparagraph (A)—
in clause (vi),
by striking ; and
and inserting a semicolon; and
by inserting after clause (vii) the following:
coastal hazards and climate change; and
; and
in subparagraph (B)—
in clause (iii),
by striking ; and
and inserting a semicolon;
in clause (iv),
by adding and
at the end; and
by adding at the end the following:
integrated ecosystem assessments;
;
in paragraph (4),
by inserting before the semicolon at the end the following: as
appropriate to further the purposes of this section
;
by striking paragraphs (5) and (7);
by redesignating paragraph (6) as paragraph (5);
in paragraph (5),
as redesignated by subparagraph (F), by adding and
at the end;
and
by adding at the end the following:
perform such functions as may be necessary to support the programs referred to in paragraph (3)
; and
by striking subsection (c) and all that follows through the end of the section and inserting the following:
Program activities
In general
The Director shall implement the program activities required by this subsection to support the activity of the Chesapeake Executive Council and to further the purposes of this section.
Ensuring scientific and technical merit
The Director shall—
establish and utilize an effective and transparent mechanism to ensure that projects funded under this section have undergone appropriate peer review, using, to the extent practicable, the capabilities of the Maryland and Virginia Sea Grant Program;
provide other appropriate means to determine that such projects have acceptable scientific and technical merit for the purpose of achieving maximum utilization of available funds and resources to benefit the Chesapeake Bay area; and
ensure that all data and other products generated by any project funded under this section be provided to the Director.
Consultation with Chesapeake Executive Council
The Director shall, in the implementation 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 Agreement.
Integrated coastal observations
In general
The Director shall collaborate with scientific and academic institutions, State and Federal agencies, nongovernmental organizations, and other constituents in the Chesapeake Bay watershed, to support the development of an integrated observations system for the Chesapeake Bay.
Specific requirements
To support the system referred to in subparagraph (A) and provide a complete set of environmental information for the Chesapeake Bay, the Director shall—
coordinate existing monitoring and observing activities in the Chesapeake Bay;
identify new data collection needs and deploy new technologies, as appropriate;
facilitate the collection and analysis of the scientific information necessary for the management of living marine resources and the marine habitat associated with such resources;
coordinate with regional partners to manage and interpret the information described in clause (iii); and
support regional partners to ensure the information described in clause (iii) is organized into products that are useful to policy makers, resource managers, scientists, and the public.
Chesapeake Bay Interpretive Buoy System
To further the development and implementation of the Chesapeake Bay Interpretive Buoy System, the Director shall—
support the establishment and implementation of the Captain John Smith Chesapeake National Historic Trail;
delineate key waypoints along the trail and provide appropriate real-time data and information for trail users;
interpret data and information for use by educators and students to inspire stewardship of Chesapeake Bay; and
incorporate the Chesapeake Bay Interpretive Buoy System into the Integrated Ocean Observing System regional network of observatories.
Chesapeake Bay watershed education and training program
In general
The Director shall establish a Chesapeake Bay watershed education and training program. The program shall—
continue and expand the Chesapeake Bay watershed education programs offered by the Office on the day before the date of the enactment of the Chesapeake Bay Science, Education, and Ecosystem Enhancement Act of 2009;
improve the understanding of elementary and secondary school students and teachers of the living resources of the ecosystem of the Chesapeake Bay;
provide community education to improve watershed protection; and
meet the educational goals of the most recent Chesapeake Bay Agreement.
Grant program
The Director may award grants 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 protect or restore living resources of the Chesapeake Bay watershed, including projects that—
provide classroom education, including the development and use of distance learning and other innovative technologies, related to the Chesapeake Bay watershed;
provide watershed educational experiences in the Chesapeake Bay watershed;
provide professional development for teachers related to the Chesapeake Bay watershed and the dissemination of pertinent education materials oriented to varying grade levels;
demonstrate or disseminate environmental educational tools and materials related to the Chesapeake Bay watershed;
demonstrate field methods, practices, and techniques including assessment of environmental and ecological conditions and analysis of environmental problems;
build the capacity of organizations to deliver high quality environmental education programs; and
educate local land use officials and decision makers on the relationship of land use to natural resource and watershed protection.
Collaboration
The Director shall provide technical assistance to support the education and training program established under subparagraph (A) in collaboration with the heads of other relevant Federal agencies.
Coastal and living resources management and habitat program
In general
The Director shall establish a 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, and submerged aquatic vegetation.
Activities
Under the program required by subparagraph (A), the Director may, subject to the availability of appropriations, carry out or enter into grants, contracts, and cooperative agreements and provide technical assistance to support—
native oyster restoration;
fish and shellfish aquaculture;
establishment of submerged aquatic vegetation propagation programs;
the development of programs that protect and restore critical coastal habitats;
habitat mapping, characterization, and assessment techniques necessary to identify, assess, and monitor restoration actions;
application and transfer of applied scientific research and ecosystem management tools to fisheries and habitat managers;
collection, synthesis, and sharing of information to inform and influence coastal and living resource management issues; and
such other activities as the Director considers appropriate to carry out the program established under subparagraph (A).
Reports
In general
The Director shall, not less frequently than once every 2 years, submit to Congress a report on—
the activities of the Office; and
progress made in protecting and restoring the living resources and habitat of the Chesapeake Bay.
Action plan
Each report submitted under paragraph (1) shall include an action plan for the 2-year period following submission of the report, consisting of—
a list of recommended research, monitoring, and data collection activities necessary to continue implementation of the strategy under subsection (b)(2); and
recommendations to integrate the activities of the National Oceanic and Atmospheric Administration with the activities of the partners in the Chesapeake Bay Program in order to meet the commitments of the Chesapeake Bay Agreement.
Agreements
In general
The Director may, subject to the availability of appropriations, enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the provisions of this section.
Use of other resources
For purposes of understanding, protecting, and restoring the Chesapeake Bay, the Director may use, 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, local government, Indian tribal government, or of any political subdivision thereof if the Director receives consent from the Department, agency, instrumentality, State, government, or political subdivision concerned for such use.
Donations
The Director may accept donations of funds, other property, and services for use in understanding, protecting, and restoring the Chesapeake Bay. Donations accepted under this section shall be considered as a gift or bequest to or for the use of the United States.
Definitions
In this section:
Administrator
The term Administrator means the Administrator of the National Oceanic and Atmospheric Administration.
Chesapeake Bay Agreement
The term Chesapeake Bay Agreement means the formal, voluntary agreements executed to achieve the goal of restoring and protecting the Chesapeake Bay ecosystem and the living resources of the Chesapeake Bay ecosystem and are signed by the Chesapeake Executive Council.
Chesapeake Bay Program
The term Chesapeake Bay Program means the regional Chesapeake Bay restoration partnership that includes Maryland, Pennsylvania, Virginia, the District of Columbia, the Chesapeake Bay Commission, the Environmental Protection Agency, other appropriate Federal agencies, and participating citizen and local elected official advisory groups.
Chesapeake Executive Council
The term Chesapeake Executive Council means the representatives from the Commonwealth of Virginia, the State of Maryland, the Commonwealth of Pennsylvania, the Environmental Protection Agency, the District of Columbia, and the Chesapeake Bay Commission, who are signatories to the Chesapeake Bay Agreement, and any future signatories to that agreement.
Director
The term Director means the Director of the Chesapeake Bay Office.
Office
The term Office means the Chesapeake Bay Office established under subsection (a).
Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section—
$17,000,000 for fiscal year 2011;
$18,700,000 for fiscal year 2012;
$20,570,000 for fiscal year 2013; and
$22,627,000 for fiscal year 2014.
.
