[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2534 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2534

     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

                             July 26, 2023

  Mr. Warner (for himself, Mr. Van Hollen, Mr. Kaine, Mr. Cardin, Mr. 
 Casey, Mr. Fetterman, 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 2023''.

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.

    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 period;
                    (B) 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
                    (C) by striking paragraph (3);
            (2) in subsection (b)--
                    (A) in paragraph (2), by striking ``Secretary of 
                Commerce'' and inserting ``Administrator'';
                    (B) in paragraph (3)--
                            (i) 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,'';
                            (ii) 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
                            (iii) 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;'';
                    (C) in paragraph (4)--
                            (i) by striking ``Environmental Protection 
                        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 support the 
        programs and activities described in paragraph (3).'';
            (3) by striking subsections (c), (d), and (e); and
            (4) by adding at the end the following:
    ``(c) Activities.--
            ``(1) In general.--The Administrator, through the Director, 
        shall implement the activities authorized or required 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 or required 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 impacts 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 of the National 
                Oceanic and Atmospheric Administration 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 observational data 
                        from the Chesapeake Bay Interpretive Buoy 
                        System into the regional observing system 
                        network of the Integrated Ocean Observing 
                        System of the National Oceanic and Atmospheric 
                        Administration.
            ``(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) Activities.--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 
                        2023;
                            ``(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 Agreement.
                    ``(C) Grants.--
                            ``(i) In general.--The Director may award 
                        grants to carry out the Chesapeake Bay 
                        Watershed Education and Training Program.
                            ``(ii) Use of grants.--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 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 the 
                                dissemination of 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) Chesapeake bay 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'.
                    ``(B) Purpose.--The purpose of the Chesapeake Bay 
                Coastal Living Resources Management and Habitat Program 
                shall be 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.
                    ``(C) 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) the application and transfer of 
                        applied scientific research and ecosystem 
                        management tools to fisheries and habitat 
                        managers;
                            ``(vii) the collection, synthesis, and 
                        sharing of information to inform and influence 
                        coastal and living resource management issues;
                            ``(viii) research on ecologically and 
                        economically important fish and shellfish; and
                            ``(ix) such other activities as the 
                        Director determines appropriate to carry out 
                        the purpose of such program.
    ``(d) Delegation.--
            ``(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 delegate to the 
        Director appropriate staff representing expertise that covers 
        the breadth of the functions 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; and
                    ``(B) progress made in protecting and restoring the 
                living resources and habitat of the Chesapeake Bay.
            ``(2) Action plan.--Each 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; Use of Other Resources.--
            ``(1) Agreements.--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 the 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, local government, or Indian 
        Tribe, or of any political subdivision thereof.
    ``(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 2024;
            ``(2) $18,700,000 for fiscal year 2025;
            ``(3) $20,570,000 for fiscal year 2026; and
            ``(4) $22,627,000 for fiscal year 2027.''.
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