Oceans Act of 1997 - Directs the President to develop and maintain a coordinated, comprehensive, and long-range national policy on ocean and coastal activities and, regarding Federal agencies and departments, to review ocean and coastal activities, plan and implement an integrated program of ocean and coastal activities, designate responsibility for funding and conducting ocean and coastal activities, and ensure cooperation and resolve differences arising from laws and regulations.
(Sec. 5) Establishes the Commission on Ocean Policy, requiring it to report to the President and the Congress on a comprehensive national ocean and coastal policy to carry out the purpose and objectives of this Act. Authorizes appropriations.
(Sec. 6) Directs the President to report to the Congress biennially, describing ocean and coastal activities of all independent agencies and departments and evaluating those activities in terms of the purpose and objectives of this Act. Requires each department or independent agency to include with its annual appropriations request a report identifying budget elements relating to ocean and coastal activities and specifying how each element contributes to implementation of the national ocean and coastal policy. Directs the President to identify in each budget submitted to the Congress those elements of each agency or department budget that contribute to the implementation of the national ocean and coastal policy.
(Sec. 7) Repeals the Marine Resources and Engineering Development Act of 1966.
[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 2547 Introduced in House (IH)]
105th CONGRESS
1st Session
H. R. 2547
To develop and maintain a coordinated, comprehensive, and long-range
national policy with respect to ocean and coastal activities that will
assist the Nation in meeting specified objectives, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 25, 1997
Mr. Farr of California (for himself, Mr. Saxton, Mr. Abercrombie, Mr.
Miller of California, Mr. Gilchrest, Mr. Pallone, Mr. Brown of
California, Mr. Goss, Mr. Kennedy of Rhode Island, and Mr. Ortiz)
introduced the following bill; which was referred to the Committee on
Resources
_______________________________________________________________________
A BILL
To develop and maintain a coordinated, comprehensive, and long-range
national policy with respect to ocean and coastal activities that will
assist the Nation in meeting specified objectives, 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 ``Oceans Act of 1997''.
SEC. 2. CONGRESSIONAL FINDINGS; PURPOSE AND OBJECTIVES.
(a) Findings.--The Congress makes the following findings:
(1) Covering more than two-thirds of the Earth's surface,
the oceans and Great Lakes play a critical role in the global
water cycle and in regulating climate, sustain a large part of
Earth's biodiversity, provide an important source of food and a
wealth of other natural products, act as a frontier to
scientific exploration, are critical to national security, and
provide a vital means of transportation. The coastal zone,
transition between land and open ocean, is a region of
remarkably high biological productivity, and is of considerable
importance for commercial and recreational activities.
(2) Ocean and coastal resources are susceptible to change
as a direct and indirect result of human activities, and such
changes can significantly impact the ability of the oceans and
Great Lakes to provide the benefits upon which the Nation
depends. Changes in ocean and coastal processes could affect
global climate patterns, marine productivity and biodiversity,
environmental quality, national security, economic
competitiveness, availability of energy, vulnerability to
natural hazards, and transportation safety and efficiency.
(3) Ocean and coastal resources are not infinite, and human
pressure on them is increasing. One half of the Nation's
population lives within 50 miles of the coast, many ocean and
coastal resources once considered inexhaustible are now
depleted, and if population trends continue as expected,
pressure on, and conflicting demands for, ocean and coastal
resources will increase further as will vulnerability to
coastal hazards.
(4) Research has uncovered the link between oceanic and
atmospheric processes and improved understanding of world
climate patterns and forecasts. Important new advances,
including availability of military technology, have made
feasible the exploration of large areas of the ocean which were
once inaccessible. In designating 1998 as ``The Year of the
Ocean'', the United Nations highlights the value of increasing
our knowledge of the oceans.
(5) It has been 30 years since the Commission on Marine
Science, Engineering, and Resources (known as the Stratton
Commission) conducted a comprehensive examination of ocean and
coastal activities that led to enactment of major legislation
and the establishment of key oceanic and atmospheric
institutions.
(6) A review of existing activities and an assessment of
future needs is essential to respond to the changes that have
occurred over the past 3 decades, and to develop an effective
new policy for the 21st century to conserve and sustainably use
ocean and coastal resources, protect the marine environment,
explore ocean frontiers, ensure human safety, and enhance
marine technologies and economic opportunities.
(7) While a significant Federal ocean and coastal program
is underway, that program would benefit from a coherent
national ocean and coastal policy, improved interagency
coordination, and strengthened partnerships with State,
private, and international entities engaged in ocean and
coastal activities.
(b) Purpose and Objectives.--The purpose of this Act is to develop
and implement a coordinated, comprehensive, and long-range national
policy with respect to ocean and coastal activities that will assist
the Nation in meeting the following objectives:
(1) The protection of life and property against natural and
manmade hazards.
(2) Responsible stewardship of fisheries and other living
and non-living ocean and coastal resources.
(3) The protection of the marine environment.
(4) The enhancement of ocean and coastal activities, and
the resolution of conflicts among users of the marine
environment.
(5) The expansion of human knowledge of the marine
environment, including the role of the oceans in climate and
global environmental change, and the advancement of education
and training in fields related to ocean and coastal activities.
(6) The continued investment in, and development and
improvement of, the capabilities, performance, use, and
efficiency of technologies for use in ocean and coastal
activities.
(7) Close cooperation among all government agencies and
departments involved in the regulation of ocean and coastal
activities, and in ensuring the availability and appropriate
allocation of Federal funding, personnel, facilities, and
equipment for such activities.
(8) The preservation of the role of the United States as a
leader in ocean and coastal activities, and, when it is in the
national interest, the cooperation by the United States with
other nations and international organizations in ocean and
coastal activities.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) The term ``Commission'' means the Commission on Ocean
Policy.
(2) The term ``marine environment'' includes--
(A) the oceans, including coastal and offshore
waters;
(B) lands within the coastal zone and submerged
lands of the continental shelf;
(C) the Great Lakes; and
(D) the ocean and coastal resources thereof.
(3) The term ``ocean and coastal activities'' includes
oceanography, coastal zone management, fisheries, marine
wildlife conservation, and other ocean and coastal resource
stewardship and use, marine aquaculture, energy and mineral
resource extraction, and recreation and tourism.
(4) The term ``ocean and coastal resource'' includes any
living or non-living natural resource (including all forms of
wildlife found in the marine environment or Great Lakes,
habitat, biodiversity, minerals, oil, and gas) and any
significant historic, cultural or aesthetic resource.
SEC. 4. NATIONAL OCEAN AND COASTAL POLICY.
(a) Executive Responsibilities.--The President shall--
(1) develop and maintain a coordinated, comprehensive, and
long-range national policy with respect to ocean and coastal
activities; and
(2) with regard to Federal agencies and departments--
(A) review significant ocean and coastal
activities, including plans, priorities,
accomplishments, and infrastructure requirements;
(B) plan and implement an integrated program of
ocean and coastal activities including, but not limited
to, oceanography, stewardship of ocean and coastal
resources, protection of the marine environment, and
marine recreation and tourism;
(C) designate responsibility for funding and
conducting ocean and coastal activities; and
(D) ensure cooperation and resolve differences
arising from laws and regulations applicable to ocean
and coastal activities which result in conflicts among
participants in such activities.
(b) Assistance and Advice.--The President shall carry out
subsection (a) with the assistance of the heads of appropriate
executive departments, agencies, and other entities, and with the
advice of the Commission.
(c) Cooperation and Consultation.--In carrying out responsibilities
under this Act, the President may use such staff, interagency, and
advisory arrangements as the President finds necessary and appropriate
and shall consult with non-Federal organizations and individuals
involved in ocean and coastal activities.
SEC. 5. COMMISSION ON OCEAN POLICY.
(a) Establishment.--
(1) Membership.--The President shall, within 90 days of the
enactment of this Act, establish a Commission on Ocean Policy.
The Commission shall be composed of 15 members appointed by the
President in consultation with the Congress, and shall include
individuals drawn from Federal and State governments, industry,
academic and technical institutions, and public interest
organizations involved with ocean and coastal activities, but
not more than 3 members shall be from the Federal Government.
(2) Advisory members.--In addition, the Commission shall
have 4 Members of Congress, who shall serve as advisory
members. One of the advisory members shall be appointed by the
Speaker of the House of Representatives. One of the advisory
members shall be appointed by the minority leader of the House
of Representatives. One of the advisory members shall be
appointed by the majority leader of the Senate. One of the
advisory members shall be appointed by the minority leader of
the Senate. The advisory members shall not participate, except
in an advisory capacity, in the formulation of the findings and
recommendations of the Commission.
(b) Findings and Recommendations.--The Commission shall report to
the President and the Congress on a comprehensive national ocean and
coastal policy to carry out the purpose and objectives of this Act. In
developing the findings and recommendations of the report, the
Commission shall--
(1) review and suggest any modifications to United States
laws, regulations, and department or agency structure,
organization, and practices that may be necessary to define and
implement such policy;
(2) assess the condition and adequacy of investment in
existing and planned facilities and equipment associated with
ocean and coastal activities including human resources,
vessels, computers, satellites, and other appropriate
technologies and platforms;
(3) review existing ocean and coastal activities of Federal
agencies and departments and the contribution of such
activities to oceanography, ocean and coastal resource
management, and protection of the marine environment;
(4) examine and suggest mechanisms to address the
interrelationships among ocean and coastal activities, the
legal and regulatory framework in which they occur, and their
interconnected and cumulative effects on the marine
environment, ocean and coastal resources, and marine
productivity and biodiversity;
(5) review the known and anticipated demands for ocean and
coastal resources, including an examination of opportunities
and limitations with respect to the use of ocean and coastal
resources within the exclusive economic zone, projected impacts
in coastal areas, and the adequacy of existing efforts to
manage such use and minimize user conflicts;
(6) evaluate relationships among Federal, State, and local
governments and the private sector for planning and carrying
out ocean and coastal activities and address the most
appropriate division of responsibility for such activities;
(7) identify opportunities for the development of or
investment in new products, technologies, or markets that could
contribute to the objectives of this Act;
(8) consider the relationship of the ocean and coastal
policy of the United States to the United Nations Convention on
the Law of the Sea (and related international agreements) and
actions available to the United States to collaborate with
other nations, including the development of cooperative
international programs for oceanography, protection of the
marine environment, and ocean and coastal resource management;
and
(9) engage in any other preparatory work deemed necessary
to carry out the duties of the Commission pursuant to this Act.
(c) Chairman.--The Commission shall elect 1 of its members as
Chairman. The Chairman of the Commission shall be responsible for--
(1) the assignment of duties and responsibilities among
staff personnel and their continuing supervision; and
(2) the use and expenditures of funds available to the
Commission.
(d) Compensation.--Members of the Commission appointed from outside
the Government shall, when engaged in the actual performance of duties
of the Commission, receive reimbursement of travel expenses, including
per diem in lieu of subsistence as authorized for persons employed
intermittently in the Government service under section 3109 of title 5,
United States Code. Members of the Commission appointed from within the
Government shall serve without additional compensation to that received
for their services to the Government but shall be reimbursed for travel
expenses, including per diem in lieu of subsistence.
(e) Staff.--
(1) The Commission shall have a Director who shall be
appointed by the Chairman of the Commission and shall be
knowledgeable in administrative management and ocean and
coastal policy.
(2) Upon consultation at the request of the Commission, the
head of any Federal Agency shall detail personnel of the agency
to the Commission to assist the Commission in carrying out its
functions under this Act. To the extent feasible, such detail
shall be on a reimbursable basis.
(3) The Commission may accept and use the services of
volunteers serving without compensation, and reimburse
volunteers for travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United
States Code. Except for the purposes of chapter 81 of title 5,
United States Code, relating to compensation for work injuries,
and chapter 171 of title 28, United States Code, relating to
tort claims, a volunteer under this subsection may not be
considered to be an employee of the United States for any
purpose.
(4) To the extent that funds are available, and subject to
the rules that may be prescribed by the Commission, the
Director may procure the temporary and intermittent services of
experts and consultants under section 3109(b) of title 5,
United States Code, but at rates not to exceed the rate of pay
for GS-15, step 7 of the General Schedule.
(f) Administration.--
(1) All meetings of the Commission shall be open to the
public, except when a majority of the members of the Commission
(in the presence of a quorum) determine that the meeting or any
portion of it may be closed to the public. Interested persons
shall be permitted to appear at open meetings and present oral
or written statements on the subject matter of the meeting. The
Commission may administer oaths or affirmations to any person
appearing before it.
(2) All open meetings of the Commission shall be preceded
by timely public notice in the Federal Register of the time,
place, and subject of the meeting.
(3) Minutes of each meeting shall be kept and shall contain
a record of the people present, a description of the discussion
that occurred, and copies of all statements filed. Subject to
section 552 of title 5, United States Code, the minutes and
records of all meetings and other documents that were made
available to or prepared for the Commission shall be available
for public inspection and copying at a single location in the
offices of the Commission.
(4) The Federal Advisory Committee Act (5 U.S.C. App.) does
not apply to the Commission.
(g) Cooperation With Other Agencies.--
(1) The Commission is authorized to secure directly from
any Federal agency or department any information it deems
necessary to carry out its functions under this Act. Each such
agency or department is authorized to cooperate with the
Commission and, to the extent permitted by law, to furnish such
information to the Commission, upon the request of the Chairman
of the Commission.
(2) The Commission may use the United States mails in the
same manner and under the same conditions as other departments
and agencies of the United States.
(3) The General Services Administration shall provide to
the Commission on a reimbursable basis the administrative
support services that the Commission may request.
(4) The Commission may enter into contracts with Federal
and State agencies, private firms, institutions, and
individuals to assist the Commission in carrying out its
duties. The Commission may purchase and contract without regard
to sections 303 of the Federal Property and Administration
Services Act of 1949 (41 U.S.C. 253), section 18 of the Office
of Federal Procurement Policy Act (41 U.S.C. 416), and section
8 of the Small Business Act (15 U.S.C. 637), pertaining to
competition and publication requirements, and may arrange for
printing without regard to the provisions of title 44, United
States Code. The contracting authority of the Commission under
this Act is effective only to the extent that appropriations
are available for contracting purposes.
(h) Reports.--The Commission shall submit to the President and the
Congress not later than 18 months after the establishment of the
Commission, a report of its findings and recommendations. After
submission of the report, the Commission shall report at the request of
the President or the Congress and in any case not less than once every
5 years, on the Nation's progress in meeting the purposes and
objectives set forth in section 2(b).
(i) Authorization of Appropriations.--There are hereby authorized
to be appropriated to support the activities of the Commission--
(1) a total of $6,000,000 for the 2-fiscal year period
beginning October 1, 1997; and
(2) such sums as are necessary for the 10-fiscal year
period beginning October 1, 1999.
SEC. 6. REPORT AND BUDGET COORDINATION.
(a) Biennial Report.--The President shall transmit to the Congress
biennially in January a report, which shall include--
(1) a description of the ocean and coastal activities and
related accomplishments of all independent agencies and
departments of the United States during the preceding 2 fiscal
years; and
(2) an evaluation of such activities and accomplishments in
terms of the purpose and objectives of this Act. Reports made
under this section shall contain such recommendations for
legislation as the President may consider necessary or
desirable.
(b) Budget Coordination.--
(1) Each department or independent agency involved in ocean
and coastal activities shall include with its annual request
for appropriations a report which--
(A) identifies significant elements of the proposed
agency or department budget relating to ocean and
coastal activities; and
(B) specifies how each such element contributes to
the implementation of the national ocean and coastal
policy developed under section 4(a)(1).
(2) The President shall, in a timely fashion, provide the
head of each such department and independent agency with an
opportunity to review and comment on the budget estimate of
each such agency or department.
(3) The President shall identify in each annual budget
submitted to the Congress under section 1105 of title 31,
United States Code, those elements of each agency or department
budget that contribute to the implementation of the national
ocean and coastal policy developed under section 4(a)(1).
SEC. 7. REPEAL OF 1966 STATUTE.
The Marine Resources and Engineering Development Act of 1966 (33
U.S.C. 1101 et seq.) is repealed.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1866-1867)
Referred to the House Committee on Resources.
Referred to the Subcommittee on Fisheries Conservation, Wildlife and Oceans.
Executive Comment Requested from Commerce.
Subcommittee Hearings Held.
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