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H.R. 4417 (96th): Chesapeake Bay Research Coordination Act of 1980


The text of the bill below is as of Oct 15, 1980 (Passed Congress).


94 STAT. 2044                   PUBLIC LAW 96-460—OCT. 15, 1980

                 Public Law 96-460
                 96th Congress
                                                  A n Act
 Oct. 15, 1980   rpp provide for the coordination of federally supported and conducted research
  [H.R. 4417]               efforts regarding the Chesapeake Bay, and for other purposes.

                Be it enacted by the Senate and House of Representatives of the
Chesapeake Bay United States ofAmerica in Congress assembled,
Coordination Act SECTION 1. SHORT TITLE.
16 use 3001         This Act may be cited as the "Chesapeake Bay Research Coordina-
note.            tionActofl980".
16 use 3001.     SEC. 2. FINDINGS AND STATEMENT OF PURPOSE.
                   (a) The Congress finds that—
                        (1) the Chesapeake Bay area is one of the greatest national
                      resources in the United States of America, serving as an abun-
                     dant source of seafood, recreation, beauty, and enjoyment, as
                     well as providing habitat for a wide variety of fish, waterfowl,
                     flora, and fauna;
                        (2) the Chesapeake Bay area serves as one of the world's major
                     waterways, each year canying millions of tons of waterborne
                     shipping to and from all parts of the globe;
                        (3) the productivity and beauty of the Chesapeake Bay area in
                     recent years has been diminished and threatened by water
                     pollution, shoreline erosion, excessive sedimentation, and other
                     injuries;
                        (4) numerous Federal agencies have initiated and supported
                     research to study, manage, enhemce, protect, preserve, or restore
                     the resources of the Chesapeake Bay area; and
                        (5) the various research relating to the Chesapeake Bay area
                     could be more effectively coordinated in order to obtain maxi-
                     mum benefits.
                   (b) The purposes of this Act are—
                        (1) to provide for the rational and effective coordination of
                     federally conducted and supported research aimed at increasing
                     fundamental knowledge in support of wise management of the
                     Chesapeake Bay area;
                        (2) to identify key management information needs and specify
                     a coherent program of research that will respond to those needs;
                        (3) to identify the needs and priorities for such additional
                     research as are required for the improvement of fundamental
                     knowledge about the Chesapeake Bay area;
                        (4) to assure a comprehensive and balanced approach to feder-
                     ally conducted and supported research on the Chesapeake Bay
                     area;
                        (5) to encourage the utilization of the results and findings of
                      research, and of other relevant information, in the management
                     decisionmaking processes which have an impact on the Chesa-
                     peake Bay area; and

PUBLIC LAW 96-460—OCT. 15, 1980 94 STAT. 2045 (6) to foster public understanding of the role of the Chesapeake Bay area as a unique national resource, the greatest natural ecological entity of its kind in the United States. SEC. 3. DEFINITIONS. 16 USC 3002. For purposes of this Act— (1) The term "Chesapeake Bay area" means the waters of the Chesapeake Bay (including the tributaries to the extent of Chesapeake Bay tidal action), the lands within and under such waters, and the wetlands adjacent to such waters. (2) The term "research" means the endeavor to discover, develop, and verify knowledge and a careful and critical inquiry or examination in seeking facts or principles. (3) The term "research project" means any research related to the Chesapeake Bay area for the purpose of promoting the understanding, the improved management, and the protection of the marine or coastal related resources (including those relating to water quality, coastal zone management, navigation, shoreline erosion, wetlands, fisheries, shellfish, and wildlife) which is funded in whole or in part by any department, agency, or independent establishment of the Federal Government. (4) The term "research program" means any aggregate of related individual research projects. (5) The term "Secretary" means the Secretary of Commerce. SEC. 4. OFFICE FOR CHESAPEAKE BAY RESEARCH COORDINATION. 16 USC 3003. (a)(1) The Secretary shall establish in the Department of Commerce Establishment. a separate office known as the CWfice for Chesapeake Bay Research Coordination (hereafter referred to in this Act as the "Office"). The Office shall serve as the staff of the Chesapeake Bay Research Board established under section 5 of this Act. (2)(A) The Office shall be headed by a Director who by reason of his Director. knowledge and experience in research efforts on the Chesapeake Bay area, is qualified to serve as an adviser with respect to research, and who shall be appointed by the Secretary in consultation with the Administrator of the Environmental Protection Agency, the Secre- tary of the Army, the Secretary of the Interior, and the Secretary of the Smithsonian Institution. (B) Before making any appointment under subparagraph (A), the Recommenda- Secretary shall seek the recommendations of the Governor of Mary- tions. land and the Governor of Virginia with respect to individuals who are qualified to serve as the Director. (3) The Director may appoint such personnel for the Office as he deems desirable, and as is provided for under this Act. (b) The Office, when directed to do so by the Chesapeake Bay Functions. Research Board, shall— (1) identify Federal and State research programs relating to the Chesapeake Bay area and annually update that inventory; (2) establish a Chesapeake Bay Research Exchange for the purpose of facilitating the rapid identification, acquisition, retrieval, dissemination, and use of information concerning all research projects which are ongoing, completed, or for which funds have been requested, and which are conducted in or affect the Chesapeake Bay area; (3) make recommendations to the Chesapeake Bay Research Board on the relationship of Federal programs to the Chesapeake Bay Research Plan; and
94 STAT. 2046 PUBLIC LAW 96-460—OCT. 15, 1980 (4) make recommendations to the Chesapeake Bay Research Board on possible revisions to such Research Plan. Additional (c) The Office shall work with the Chesapeake Bay Research Board functions. to— (1) identify the need for, and the priority of, research programs which could benefit the management of the resources of the Chesapeake Bay area; (2) promote optimum utilization of available funds and resources to benefit the Chesapeake Bay area; (3) remain cognizant of ongoing research programs and assist in the dissemination of the results and findings of research programs; (4) conduct periodic meetings with representatives of the departments, agencies, and independent establishments of the Federal Government having responsibility for the administra- tion of research programs in the Chesapeake Bay area, repre- sentatives of appropriate State, regioned, and local agencies, and representatives of the scientific community, in order to obtain and exchange information relating to such programs; (5) review proposed Federal legislation which may affect the Chesapeake Bay area and comment to the appropriate entities on the relation of the proposed legislation to the Chesapeake Bay Research Plan; (6) determine existing Federal and State programs relating to the Chesapeake Bay area and annually update this inventory; (7) plan and conduct a conference on Chesapeake Bay area affairs at least once every two years; (8) prepare for the Board an annual report on research pro- grams, current and planned, pertaining to the Chesapeake Bay area; and (9) perform such other activities as are consistent with the purposes of this Act. Administrative (d)(1) The Secretary shall make available to the Office such admin- services. istrative services and temporary staff as may be reasonably recjuired by the Office to enable it to carry out its functions under this Act. Federal (2) The Office may request from any department, agency, or information and independent establishment of the Federal Government (A) informa- assistance. tion concerning grants made by such department, agency, or estab- lishment for research in the Chesapeake Bay area, and (B) other assistance or information which the Office deems necessary to enable it to carry out its functions under this Act. Each such department, agency, or independent establishment shall furnish, with or without reimbursement, to the Office such assistance or information so requested consistent with other Federal law. SEC. 5. CHESAPEAKE BAY RESEARCH BOARD. Establishment. (a) There is established a Chesapeake Bay Research Board (hereaf- 16 u s e 3004. ter referred to in this section as the "Board ). Membership. (b)(1) The Board shall consist of— (A) four members selected by the Governor of Virginia; (B) four membei s selected by the Governor of Maryland; and (C) seven members selected by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of the Army, the Secretary of the Interior, and the Secretary of the Smithsonian Institution. (2) The Secretary, the Governor of Maryland, and the Governor of Virginia shall ensure that the Board is comprised of individuals who are qualified to perform the functions of the Board and who represent
PUBLIC LAW 96-460—OCT. 15, 1980 94 STAT. 2047 the interests of Federal, State, and local government, industry, the public, and the scientific and environmental communities. (c) The Chairman of the Board shall be elected annually by the Chairman. membership of such Board. (d) The Board shall— Functions. (1) develop a Chesapeake Bay Research Plan consistent with the missions £ind interests of appropriate sigencies £ind States, and update this plan biennially to reflect changing priorities in Federal and State management needs as well as the need for fundamental research; (2) review and evaluate, on a periodic basis. Federal research programs pertaining to the Chesapeake Bay area, and ascertain the extent to which the research programs are consistent with the Chesapeake Bay Research Plan; and (3) submit an annual report to the Congress and the Governors Report to of Maryland and Virginia on research programs, current and Congress and to Md. and Va. planned, pertaining to the Chesapeake Bay area and their Governors. relationship to the Chesapeake Bay Research Plan, together with any recommendations for improving the coordination of such research. (e) Members of the Board (other than those who are employees of Travel and per the Federal or State governments) may, while engaged in business for diem expenses. the Board, receive compensation for travel expenses and per diem in lieu of subsistence, in the same manner as the expenses authorized by section 5703 of title 5, United States Code, for persons employed intermittently in Government service. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 16 u s e 3005. There are authorized to be appropriated to the Office to carry out the purposes of this Act the sum of $500,000 for each of the three fiscal years ending on September 30,1982, September 30,1983, and September 30,1984. SEC. 7. RELATIONSHIP OF ACT TO EXISTING FEDERAL, STATE, AND 16 u s e 3006. LOCAL POWERS. (a) Nothing contained in this Act shall be construed to afTect the jurisdiction, powers, or prerogatives of any existing department, agency, or ofKcer of the Feder^ Government or of any State or local government. (b) For purposes of administering this Act (including the prepara- Recommenda- tion of an annual report pursuant to section 4(cX8)) the Board shsdl tions, solicitation. solicit from the appropriate Federal departments and agencies and the Governors, recommendations that may be appropriate with respect to any existing law which may anect or be involved in research programs. 79-194 O—81—pt. 2 49 : QL3
94 STAT. 2048 PUBLIC LAW 96-460—OCT. 15, 1980 SEC. 8. TERMINATION. This Act and the authority conferred by this Act shall terminate on GAO evaluation, September 30,1984. At such time the General Accounting Office shall Sngress *° Submit to the Congress an evaluation of the effectiveness of the 16 use 3007. Board, Office, and of this Act. In the preparation of such report. Comments, Comments shall be solicited from Federal agencies, the Governors of solicitation. Maryland and Virginia, and the research institutions, industries, and environmental and citizen's groups concerned with the Chesapeake Bay area. Approved October 15, 1980. LEGISLATIVE HISTORY: HOUSE REPORT No. 96-993 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 96-950 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 126 (1980): May 19, considered and passed House. Sept. 24, considered and passed Senate, amended. Sept. 30, House concurred in Senate amendment.