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