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U.S. Code as of:
01/19/04
Section 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.
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