AUTHORIZATION: The Norfolk District received the authority to pursue this project under Section 510 of WRDA of 1996, as amended by Title 1, Department of Defense – Civil, Department of the Army, Corps of Engineers – Civil, Construction General provisions of the Energy and Water Appropriations Act making appropriations for Fiscal Year ending September 30, 2004. The resolution reads:
“That using $200,000 appropriated herein, the Secretary of the Army, acting through the Chief of Engineers, may develop an environmental impact statement for introducing non-native oyster species into the Chesapeake Bay: Provided further, That during preparation of the environmental impact statement, the Secretary may establish a scientific advisory body consisting of the Virginia Institute of Marine Science, the University of Maryland, and other appropriate research institutions to review the sufficiency of the environmental impact statement: Provided further, That in addition, the Secretary shall give consideration to the findings and recommendations of the National Academy of Sciences report on the introduction of non-native species into the Chesapeake Bay in preparation of the environmental impact statement: Provided further, that not withstanding the cost sharing provisions of this section, 510(d) of the Water Resources Development Act of 1996 (110 Stat. 3760), the preparation of the environmental impact statement shall be cost shared 50 percent Federal and 50 percent non-Federal, for an estimated cost of $2,000,000: Provided further, That the non-Federal sponsors may meet their 50 percent matching cost share through in-kind services: Provided further, That the Secretary determines that the work performed by the non-Federal sponsor is reasonable, allowable, allocable, and integral to the development of the environmental impact statement”.
The United States Congress, pursuant to Conference Report 108-792 in the Consolidated Appropriations Act of 2005 (Public Law 108-447), has authorized the Corps of Engineers:
“Within the funds provided, $400,000 ($600,000) is provided to continue environmental studies of non-native oysters. The conferees expect the Corps, in conducting the Environmental Impact Statement [EIS] for introducing non-native oyster species into the Chesapeake Bay, to consider all alternatives, including restoration of native oyster species. The conferees also expect that the EIS will address the research gaps identified in the National Research Council report entitled “Non-native Oysters in the Chesapeake Bay” and the Chesapeake Bay Scientific and Technical Advisory Committee report on the same subject”.
