§ 1511d. — Chesapeake Bay Estuarine Resources Office.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1511d]
TITLE 15--COMMERCE AND TRADE
CHAPTER 40--DEPARTMENT OF COMMERCE
Sec. 1511d. Chesapeake Bay Office
(a) Establishment
(1) The Secretary of Commerce shall establish, within the National
Oceanic and Atmospheric Administration, an office to be known as the
Chesapeake Bay Office (in this section referred to as the ``Office'').
(2) The Office shall be headed by a Director who shall be appointed
by the Secretary of Commerce, in consultation with the Chesapeake
Executive Council. Any individual appointed as Director shall have
knowledge and experience in research or resource management efforts in
the Chesapeake Bay.
(3) The Director may appoint such additional personnel for the
Office as the Director determines necessary to carry out this section.
(b) Functions
The Office, in consultation with the Chesapeake Executive Council,
shall--
(1) provide technical assistance to the Administrator, to other
Federal departments and agencies, and to State and local government
agencies in--
(A) assessing the processes that shape the Chesapeake Bay
system and affect its living resources;
(B) identifying technical and management alternatives for
the restoration and protection of living resources and the
habitats they depend upon; and
(C) monitoring the implementation and effectiveness of
management plans;
(2) develop and implement a strategy for the National Oceanic
and Atmospheric Administration that integrates the science,
research, monitoring, data collection, regulatory, and management
responsibilities of the Secretary of Commerce in such a manner as to
assist the cooperative, intergovernmental Chesapeake Bay Program to
meet the commitments of the Chesapeake Bay Agreement;
(3) coordinate the programs and activities of the various
organizations within the National Oceanic and Atmospheric
Administration, the Chesapeake Bay Regional Sea Grant Programs, and
the Chesapeake Bay units of the National Estuarine Research Reserve
System, including--
(A) programs and activities in--
(i) coastal and estuarine research, monitoring, and
assessment;
(ii) fisheries research and stock assessments;
(iii) data management;
(iv) remote sensing;
(v) coastal management;
(vi) habitat conservation and restoration; and
(vii) atmospheric deposition; and
(B) programs and activities of the Cooperative Oxford
Laboratory of the National Ocean Service with respect to--
(i) nonindigenous species;
(ii) estuarine and marine species pathology;
(iii) human pathogens in estuarine and marine
environments; and
(iv) ecosystem health;
(4) coordinate the activities of the National Oceanic and
Atmospheric Administration with the activities of the Environmental
Protection Agency and other Federal, State, and local agencies;
(5) establish an effective mechanism which shall ensure that
projects have undergone appropriate peer review and provide other
appropriate means to determine that 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;
(6) remain cognizant of ongoing research, monitoring, and
management projects and assist in the dissemination of the results
and findings of those projects; and
(7) submit a biennial report to the Congress and the Secretary
of Commerce with respect to the activities of the Office and on the
progress made in protecting and restoring the living resources and
habitat of the Chesapeake Bay, which report shall include an action
plan consisting of--
(A) a list of recommended research, monitoring, and data
collection activities necessary to continue implementation of
the strategy described in paragraph (2); and
(B) proposals for--
(i) continuing any new National Oceanic and Atmospheric
Administration activities in the Chesapeake Bay; and
(ii) the integration of those activities with the
activities of the partners in the Chesapeake Bay Program to
meet the commitments of the Chesapeake 2000 agreement and
subsequent agreements.
(c) Chesapeake Bay fishery and habitat restoration small watershed
grants program
(1) In general
The Director of the Chesapeake Bay Office of the National
Oceanic and Atmospheric Administration (in this section referred to
as the ``Director''), in cooperation with the Chesapeake Executive
Council, shall carry out a community-based fishery and habitat
restoration small grants and technical assistance program in the
Chesapeake Bay watershed.
(2) Projects
(A) Support
The Director shall make grants under this subsection to pay
the Federal share of the cost of projects that are carried out
by entities eligible under paragraph (3) for the restoration of
fisheries and habitats in the Chesapeake Bay.
(B) Federal share
The Federal share under subparagraph (A) shall not exceed 75
percent.
(C) Types of projects
Projects for which grants may be made under this subsection
include--
(i) the improvement of fish passageways;
(ii) the creation of natural or artificial reefs or
substrata for habitats;
(iii) the restoration of wetland or sea grass;
(iv) the production of oysters for restoration projects;
and
(v) the prevention, identification, and control of
nonindigenous species.
(3) Eligible entities
The following entities are eligible to receive grants under this
subsection:
(A) The government of a political subdivision of a State in
the Chesapeake Bay watershed, and the government of the District
of Columbia.
(B) An organization in the Chesapeake Bay watershed (such as
an educational institution or a community organization)--
(i) that is described in section 501(c) of title 26 and
is exempt from taxation under section 501(a) of that title;
and
(ii) that will administer such grants in coordination
with a government referred to in subparagraph (A).
(4) Additional requirements
The Director may prescribe any additional requirements,
including procedures, that the Director considers necessary to carry
out the program under this subsection.
(d) Chesapeake Executive Council
For purposes of this section, ``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.
(e) Authorization of appropriations
There is authorized to be appropriated to the Department of Commerce
for the Chesapeake Bay Office $6,000,000 for each of fiscal years 2002
through 2006.
(Pub. L. 102-567, title III, Sec. 307, Oct. 29, 1992, 106 Stat. 4284;
Pub. L. 107-372, title IV, Sec. 401(a), Dec. 19, 2002, 116 Stat. 3096.)
Amendments
2002--Pub. L. 107-372 substituted ``Chesapeake Bay Office'' for
``Chesapeake Bay Estuarine Resources Office'' in section catchline and
amended text generally, substituting provisions establishing Office,
describing functions, establishing habitat restoration small watershed
grants program, and authorizing appropriations, for provisions
establishing Office, describing functions, and requiring identification
of funding request in President's annual budget.
Multiple Species Management Strategy
Pub. L. 107-372, title IV, Sec. 401(c), Dec. 19, 2002, 116 Stat.
3099, provided that:
``(1) In general.--Not later than 180 days after the date of
enactment of this Act [Dec. 19, 2002], the Director of the Chesapeake
Bay Office of the National Oceanic and Atmospheric Administration shall
begin a 5-year study, in cooperation with the scientific community of
the Chesapeake Bay, appropriate State and interstate resource management
entities, and appropriate Federal agencies--
``(A) to determine and expand the understanding of the role and
response of living resources in the Chesapeake Bay ecosystem; and
``(B) to develop a multiple species management strategy for the
Chesapeake Bay.
``(2) Required elements of study.--In order to improve the
understanding necessary for the development of the strategy under
paragraph (1)(B), the study shall--
``(A) determine the current status and trends of fish and
shellfish that live in the Chesapeake Bay and its tributaries and
are selected for study;
``(B) evaluate and assess interactions among the fish and
shellfish referred to in subparagraph (A) and other living
resources, with particular attention to the impact of changes within
and among trophic levels; and
``(C) recommend management actions to optimize the return of a
healthy and balanced ecosystem for the Chesapeake Bay.''
