Oceans Conservation, Education, and National Strategy for the 21st Century Act - Specifies a national oceans policy. Establishes national standards to require any Federal agency or federally funded activities that affect U.S. ocean waters or ocean resources to be conducted in a manner that protects and maintains healthy marine ecosystems and, where appropriate, restores degraded marine ecosystems.
Re-establishes in the Department of Commerce (what already exists under Reorganization Plan No. 4 of 1970) the National Oceanic and Atmospheric Administration (NOAA), administered by the Under Secretary of Commerce for Oceans and Atmosphere. Directs the President to submit to Congress recommendations for reorganizing functions of existing Federal agencies to establish a Department of Natural Resources having authority for Federal programs relating to land, air, and water resources, including freshwater and ocean resources.
Establishes: (1) a National Oceans Advisor; (2) a National Oceans Council; and (3) the Council of Advisors on Oceans Policy.
Designates certain ocean regions for ecosystem-based management. Establishes a NOAA Regional Office and a Regional Ocean Council for each ocean region. Requires each Regional Ocean Council to prepare a Regional Ocean Ecosystem Plan for each ocean region.
Establishes a Committee on Ocean Science, Education, and Operations (OSEO Committee). Directs the Chair of the National Oceans Council to develop a National Strategy for Ocean and Coastal Science.
Establishes: (1) a Subcommittee on Ocean Education within the OSEO Committee; (2) an interagency ocean and coastal education program; (3) a National Ocean Science and Technology Scholarship Program; and (4) a NOAA Office of Education.
Directs the Administrator to conduct a national media campaign to increase public awareness and interest in the oceans, through mass media advertising.
Establishes: (1) an Office of Ocean Exploration within the Ocean and Atmospheric Research and Data Services Office; and (2) a Subcommittee on Ocean Exploration within the OSEO Committee.
Establishes in the Treasury the Ocean and Great Lakes Conservation Trust Fund.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4900 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4900
To establish a national policy for our oceans, to strengthen the
National Oceanic and Atmospheric Administration, to establish a
National Oceans Council, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2004
Mr. Greenwood (for himself, Mr. Farr, Mr. Weldon of Pennsylvania, and
Mr. Allen) introduced the following bill; which was referred to the
Committee on Resources, and in addition to the Committee on Science,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To establish a national policy for our oceans, to strengthen the
National Oceanic and Atmospheric Administration, to establish a
National Oceans Council, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Oceans
Conservation, Education, and National Strategy for the 21st Century
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Definitions.
TITLE I--CONGRESSIONAL DECLARATION OF NATIONAL OCEANS POLICY
Sec. 101. National oceans policy.
TITLE II--NATIONAL STANDARDS
Sec. 201. National standards.
Sec. 202. Determination of compliance with national oceans policy and
national standards.
Sec. 203. Implementation.
Sec. 204. Stricter standards.
TITLE III--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Sec. 301. Existence in Department of Commerce; mission.
Sec. 302. Administrator; functions.
Sec. 303. Other officers.
Sec. 304. Qualifications of Administration officers.
Sec. 305. Transfer of marine mammals management functions to the
Administrator.
Sec. 306. Science Advisory Board.
Sec. 307. Report of recommendations for reorganization to establish a
Department of Natural Resources.
TITLE IV--NATIONAL OCEANS ADVISOR
Sec. 401. Executive Advisor; mission.
Sec. 402. Staffing.
TITLE V--NATIONAL OCEANS COUNCIL
Sec. 501. Establishment of Council; mission.
Sec. 502. Chair; membership; functions.
Sec. 503. Limitations on voting.
TITLE VI--COUNCIL OF ADVISORS ON OCEANS POLICY
Sec. 601. Establishment of Council.
Sec. 602. Duties.
Sec. 603. Membership.
Sec. 604. Meetings.
TITLE VII--REGIONAL PLANNING
Sec. 701. Findings.
Sec. 702. Designation of ocean regions; Regional Administrators.
Sec. 703. Regional Ocean Councils.
Sec. 704. Regional Ocean Ecosystem Plans.
Sec. 705. Consistency requirements.
Sec. 706. Regional Ocean Council advisory committees.
Sec. 707. Financial assistance to States.
Sec. 708. Citizen suits.
TITLE VIII--OCEAN SCIENCE, EXPLORATION, AND RESEARCH COORDINATION
Sec. 801. Committee on Ocean Science, Education, and Operations.
Sec. 802. National Strategy for Ocean and Coastal Science.
Sec. 803. National Ocean Partnership Program.
Sec. 804. Ocean Research and Education Advisory Panel.
Sec. 805. Marine ecosystems research.
Sec. 806. Authorization of appropriations.
TITLE IX--OCEAN EDUCATION
Sec. 901. Subcommittee on Ocean Education.
Sec. 902. Ocean and coastal education program.
Sec. 903. Ocean Science and Technology Scholarship Program.
Sec. 904. National Oceanic and Atmospheric Administration Office of
Education.
Sec. 905. Amendment to the National Sea Grant College Program Act.
Sec. 906. National ocean awareness media campaign.
Sec. 907. Authorization of appropriations.
TITLE X--OCEAN EXPLORATION
Sec. 1001. National Oceanic and Atmospheric Administration Office of
Ocean Exploration.
Sec. 1002. Subcommittee on Ocean Exploration.
Sec. 1003. Authorization of appropriations.
TITLE XI--OCEAN AND GREAT LAKES CONSERVATION TRUST FUND
Sec. 1101. Establishment of Fund.
Sec. 1102. Limitation on use of available amounts for administration.
Sec. 1103. Recordkeeping requirements.
Sec. 1104. Maintenance of effort and matching funding.
Sec. 1105. Sunset.
Sec. 1106. Community assistance formula and payments.
Sec. 1107. Approval of State funding and spending plans.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) United States ocean waters and the ocean resources they
contain are vital for the national security, environment,
economy, and culture of the United States.
(2) Consistent with customary international law, the United
States exercises sovereign rights over ocean resources within
United States ocean waters.
(3) These ocean resources are the property of the people of
the United States, are held in trust for them by Federal,
State, local, and tribal governments, and should be managed to
preserve the full range of their benefits for present and
future generations.
(4) Marine, terrestrial, and atmospheric systems are
interdependent, requiring that policy, information transfer,
and the management of human activities be coordinated across
systems.
(5) Healthy and productive coastal and marine ecosystems
are the keys to securing the full range of benefits from ocean
resources for the people of the United States.
(6) A variety of threats and practices have caused dramatic
declines in the health and productivity of coastal and marine
ecosystems of the United States. Among the major threats to
marine ecosystem health are--
(A) global climate change;
(B) chemical, nutrient, and biological pollution;
(C) unwise land use and coastal development;
(D) habitat damage;
(E) overfishing; and
(F) invasive species.
(7) These threats are exacerbated by the legal and
geographic fragmentation of authority over ocean space and
ocean resources.
(8) Activities harming coastal and marine ecosystems
jeopardize the economies and social structure of coastal
communities dependent on these resources.
(9) While there is a plethora of laws, government agencies,
and programs dealing with coastal resources and ocean
resources, activities thereunder are poorly coordinated and do
not constitute a unified and comprehensive public policy toward
the oceans.
(10) To better enable the various levels of government with
authority over coastal and ocean space, coastal resources, and
ocean resources to fulfill their public trust responsibilities,
a unified national oceans policy is needed to govern the range
of human activities affecting the health and productivity of
marine ecosystems.
SEC. 3. PURPOSE.
The purpose of this Act is to secure, for present and future
generations of people of the United States, the full range of
environmental, economic, educational, social, cultural, nutritional,
and recreational benefits of healthy marine ecosystems, by--
(1) establishing a comprehensive national oceans policy
that is binding on all covered actions that may significantly
affect United States ocean waters and ocean resources;
(2) requiring covered actions to be consistent with the
purposes and policies of this Act;
(3) mandating that clear standards be set against which
compliance with the national oceans policy can be measured;
(4) providing a mechanism through which compliance with
this Act can be assured;
(5) consolidating and restructuring Federal ocean programs
to support this Act; and
(6) promoting ecologically sustainable ocean resource
management by strengthening and empowering ocean governance.
SEC. 4. DEFINITIONS.
In this Act:
(1) Covered action.--The term ``covered action'' means any
activity affecting United States ocean waters or ocean
resources, that is carried out--
(A) by a Federal agency, including the issuance of
a Federal license or permit; or
(B) by any other person using Federal funds.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(3) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration provided for in
section 301.
(4) Advisor.--The term ``Advisor'' means the National
Oceans Advisor appointed under section 401.
(5) Biological diversity.--The term ``biological
diversity'' means a collection of genomes, species, and
ecosystems occurring in a geographically defined region.
(6) Ecologically sustainable.--The term ``ecologically
sustainable'' means capable of maintaining biological diversity
and ecosystem structure and functioning from 1 human generation
to the next, so as not to deny future generations the goods and
services provided by marine ecosystems that are enjoyed today.
(7) Function.--The term ``function'', when used in
reference to a function of a government agency or official,
includes authorities, powers, rights, privileges, immunities,
programs, projects, activities, duties, and responsibilities.
(8) Marine ecosystem health and health of marine
ecosystems.--Each of the terms ``marine ecosystem health'' and
``health of marine ecosystems'' means the ability of a marine
ecosystem to support and maintain a productive and resilient
community of organisms, having a species composition,
diversity, and functional organization resulting from the
natural habitat of the region, such that it provides a complete
range of ecological benefits, including--
(A) a complete diversity of native species and
habitats wherein each native species is able to
maintain an abundance, population structure, and
distribution supporting its ecological and evolutionary
functions and processes; and
(B) a physical, chemical, geological, and microbial
environment that is supportive of the requirements of
this paragraph.
(9) Healthy marine ecosystem.--The term ``healthy marine
ecosystem'' means a marine ecosystem with the ability to
support and maintain a productive and resilient community of
organisms, having a species composition, diversity, and
functional organization resulting from the natural habitat of
the region, such that it provides a complete range of
ecological benefits, including--
(A) a complete diversity of native species and
habitats wherein each native species is able to
maintain an abundance, population structure, and
distribution supporting its ecological and evolutionary
functions and processes; and
(B) a physical, chemical, geological, and microbial
environment that is supportive of the requirements of
this paragraph.
(10) Ecosystem-based management.--The term ``ecosystem-
based management'' means an approach to the management of human
activities and natural resources affected by such activities
that incorporates the following:
(A) Long term ecological sustainability.
(B) Clear, operational goals, with reference to a
desired future status of ecosystem processes and
components.
(C) Use of the best available scientific
information regarding ecosystems and their functions,
including, but not limited to, multiple indicators,
including models and other quantitative and qualitative
techniques at varying scales.
(D) Awareness of complexity, interconnectedness,
and resiliency.
(E) Recognition that ecosystems are dynamic.
(F) Attention to context and scale, as necessary to
align decision processes with ecosystem processes that
vary across space and time.
(G) Acknowledgement of humans as ecosystem
components who must be engaged to achieve long term
management goals.
(H) Accountability.
(I) Identification of uncertainties.
(J) Adaptiveness, including approaches that
supplement limited predictive capacities and respond to
changes in ecosystems, information, and anthropogenic
stressors.
(11) United states ocean waters.--The term ``United States
ocean waters'' means the zone extending from the baseline from
which the breadth of the United States territorial sea is
measured to the extent of the Exclusive Economic Zone as
specified in Presidential Proclamation Number 5030, dated March
10, 1983, including the territorial waters of the Great Lakes
and the waters of the continental shelf to which the United
States is granted sovereign rights under international law.
(12) Ocean resources.--The term ``ocean resources'' means
any living, nonliving, or cultural amenity in United States
ocean waters.
(13) Coastal.--The term ``coastal'' includes coastal areas
of United States ocean waters of the Great Lakes.
(14) Marine.--The term ``marine'' includes of or relating
to United States ocean waters of the Great Lakes.
(15) Regional ocean council.--The term ``Regional Ocean
Council'' means such a council established by the Administrator
under section 703.
(16) Ocean region.--The term ``ocean region'' means such a
region designated under section 702(a).
(17) Qualified outer continental shelf revenues.--The term
`qualified Outer Continental Shelf revenues' means (except as
otherwise provided in this paragraph) all moneys received by
the United States from each leased tract or portion of a leased
tract lying seaward of the zone defined and governed by section
8(g) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(g)), or lying within such zone but to which section 8(g)
does not apply, the geographic center of which lies within a
distance of 200 miles from any part of the coastline of any
coastal State, including bonus bids, rents, royalties
(including payments for royalty taken in kind and sold), net
profit share payments, and related late-payment interest from
natural gas and oil leases issued pursuant to the Outer
Continental Shelf Lands Act. Such term does not include any
revenues from a leased tract or portion of a leased tract that
is located in a geographic area subject to a leasing moratorium
on January 1, 2001, unless the lease was issued prior to the
establishment of the moratorium and was in production on
January 1, 2001.
(18) Coastal state.--The term ``coastal State''--
(A) means a State of the United States in, or
bordering on, the Atlantic, Pacific, or Arctic Ocean,
the Gulf of Mexico, Long Island Sound, or 1 or more of
the Great Lakes; and
(B) includes Puerto Rico, the Virgin Islands, Guam,
the Commonwealth of the Northern Mariana Islands, and
the Trust Territories of the Pacific Islands, and
American Samoa.
(19) Coastal political subdivision.--The term ``coastal
political subdivision'' means a political subdivision of a
coastal State all or part of which political subdivision is
within the coastal zone (as defined in section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C.1453)).
(20) Coastal population density.--The term ``coastal
population density'' means the population as determined by the
most recent census data in the States coastal zone as
determined pursuant to the Coastal Zone Management Act of 1972.
(16 U.S.C.1451 et seq.).
TITLE I--CONGRESSIONAL DECLARATION OF NATIONAL OCEANS POLICY
SEC. 101. NATIONAL OCEANS POLICY.
(a) Policy.--The Congress declares that it is the continuing policy
of the United States to protect, maintain, and restore the health of
marine ecosystems in order to fulfill the social, economic, and other
requirements of present and future generations of Americans.
(b) Responsibility of Federal Governance System.--In order to carry
out the policy set forth in this Act, the President, acting through the
Administrator of the National Oceanic and Atmospheric Administration
and top officials of other Federal agencies and departments, shall--
(1) protect, maintain, and restore marine biological
diversity and the functioning of marine ecosystems;
(2) require that ocean resources be used in a manner that
is ecologically sustainable;
(3) manage covered actions affecting the oceans on an
ecosystem basis;
(4) exercise precaution in support of protecting,
restoring, and maintaining the health of marine ecosystems in
the case of uncertain or inadequate information;
(5) use the best available scientific, social, and economic
information to make decisions;
(6) support research and education to improve basic
understanding of marine ecosystems and their management and
restoration;
(7) promote and support international collaboration on
research of marine ecosystems and the conservation of healthy
marine ecosystems;
(8) adapt in a timely manner to new information on the
health of marine ecosystems and the effectiveness of management
decisions;
(9) be equitable and transparent, and promote cooperation
among all stakeholders; and
(10) provide accountability.
TITLE II--NATIONAL STANDARDS
SEC. 201. NATIONAL STANDARDS.
(a) Establishment of Standards.--To the fullest extent possible the
policies, regulations, and Public Laws of the United States shall be
interpreted and administered in accordance with the following national
standards:
(1) Covered actions affecting United States ocean waters or
ocean resources must be conducted in a manner that is
consistent with the protection and maintenance of healthy
marine ecosystems and, where appropriate, the restoration of
degraded marine ecosystems.
(2) Any covered action that may significantly affect United
States ocean waters or ocean resources may proceed only if the
covered action, individually and in combination with other
covered actions--
(A) is not likely to significantly harm the health
of any marine ecosystem; and
(B) is not likely to significantly impede the
restoration of the health of any marine ecosystem.
(3) In the case of incomplete or inconclusive information
as to the effects of a covered action on United States ocean
waters or ocean resources, decisions shall be made in such a
way as will ensure protection, maintenance, and restoration of
healthy marine ecosystems.
(4) To the extent practicable, and consistent with other
provisions of this Act, including the other National Standards
under this subsection, adverse social and economic impacts on
communities that are significantly resource dependent shall be
minimized. Consideration of impacts on resource dependent
communities shall include, but not be limited to, cumulative
impacts.
(b) Rulemaking.--
(1) Application of national standards to covered actions.--
Within 12 months after the date of the enactment of this Act,
the Administrator, in consultation with the National Oceans
Council, shall issue regulations that shall govern the
application of the national standards set forth in subsection
(a) with respect to covered actions.
(2) Other regulations.--The Administrator may issue other
regulations regarding implementation of subsection (a) as the
Administrator considers necessary.
SEC. 202. DETERMINATION OF COMPLIANCE WITH NATIONAL OCEANS POLICY AND
NATIONAL STANDARDS.
(a) Requirement.--Any determination of whether a covered action
complies with section 201 shall be made in accordance with
(1) regulations issued under section 201; and
(2) any applicable Regional Ocean Ecosystem Plan that is
approved or prepared by the Administrator under this Act.
(b) Application of National Standards not Affected.--This section
shall not be construed as limiting the application of section 201
before the approval or issuance of a Regional Ocean Ecosystem Plan by
the Administrator.
(c) Guidance.--Within 12 months after the date of the enactment of
this Act, the Administrator, in consultation with the National Oceans
Council, shall issue detailed guidance to the Regional Ocean Councils,
based on the national standards listed in section 201, for the issuance
of Regional Ocean Ecosystem Plans under title VII. The guidance shall
address--
(1) assessing and monitoring the health of marine
ecosystems;
(2) how to apply the definition of ``marine ecosystem
health'' at the regional level, including establishing marine
ecosystem health criteria and indicators;
(3) predicting the likely effects of proposed covered
actions on the health of marine ecosystems, and determining
whether those effects are significant;
(4) facilitating ecosystem-based management of United
States ocean waters and ocean resources; and
(5) the types of covered actions that are likely to have a
significant effect on the health of marine ecosystems.
(d) National Research Council.--To assist the Administrator in
issuing guidance under subsection (c), the Administrator may request
the National Research Council to--
(1) convene a panel with expertise on marine science and
the management of ocean resources to develop recommendations;
and
(2) update such recommendations every 5 years.
SEC. 203. IMPLEMENTATION.
(a) In General.--The head of each Federal agency shall, in
consultation with the Administrator, ensure that all covered actions of
the agency comply with the national standards set forth in section 201.
(b) Compliance Review.--In conducting an environmental review
authorized under the National Environmental Policy Act of 1969, the
head of each Federal agency shall, after consultation with the
Administrator, include in the review an assessment of the impact of the
proposed covered action on the health of marine ecosystems. The
Administrator, after considering any findings of the Regional
Administrator concerned, shall determine whether the proposed covered
action is in compliance with the policies, national standards, and any
applicable Regional Ocean Ecosystem Plan that is approved or prepared
by the Administrator under this Act.
(c) Changes or Alternatives.--If the Administrator determines that
a proposed covered action is not in compliance with the policies,
national standards, and any applicable approved Regional Ocean
Ecosystem Plan under this Act, the Administrator shall propose changes
or alternatives to the proposed covered action that would make the
covered action be in compliance with this Act.
(d) Resolution of Disputes.--
(1) Appeal to council.--If the Administrator determines
that a proposed covered action is not in compliance with the
policies and national standards set forth in this Act, the head
of the agency proposing the covered action may appeal the
determination to the National Oceans Council.
(2) Policies and procedures for appeals.--The National
Oceans Council shall issue policies and procedures for hearing
appeals under this subsection.
(3) Determination of appeal.--If an appeal is granted, the
National Oceans Council shall, by a vote of at least two-thirds
of the members of the Council, determine whether or not the
proposed covered action is in compliance with the policies and
national standards set forth in this Act.
(4) Conditional determination of compliance.--
(A) Conditional determination.--The National Oceans
Council may determine that a proposed covered action is
in compliance with this Act subject to the agency
complying, in conducting the action, with requirements,
restrictions, or other conditions established by the
National Oceans Council.
(B) Compliance with conditions required.--If the
National Oceans Council establishes conditions for a
proposed covered action under subparagraph (A), the
agency may not conduct the action except in compliance
with such conditions.
(5) Referral to president.--If the National Oceans Council
does not determine in accordance with paragraph (2) that the
proposed covered action is in compliance with the policies and
national standards set forth in this Act--
(A) the National Oceans Council shall, by vote of a
majority of the members of the Council, approve and
submit to the President a recommendation for resolving
the matter; and
(B) the President, after consideration of such
recommendations, shall determine whether the proposed
covered action is in compliance with the policies and
national standards set forth in this Act.
(e) Ensuring Compliance.--The head of each Federal agency and
department shall ensure that final covered actions of such agency or
department comply with this Act, including the implementation of
changes recommended by the Administrator, the Council, or the
President.
SEC. 204. STRICTER STANDARDS.
Nothing in this Act shall be construed to limit the authority of a
local or State government or the Federal Government to establish more
stringent standards, requirements, or restrictions within their
respective jurisdictions, in order to provide greater protection of
marine ecosystem health (including to be consistent with other
applicable law), than the protection provided by a Regional Ocean
Ecosystem Plan that is approved or prepared by the Administrator under
this Act.
TITLE III--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
SEC. 301. EXISTENCE IN DEPARTMENT OF COMMERCE; MISSION.
(a) Establishment.--There shall be in the Department of Commerce
the National Oceanic and Atmospheric Administration. Reorganization
Plan No. 4 of 1970 shall have no further force or effect.
(b) Mission.--The primary mission of the Administration is to--
(1) act as the non-military Federal agency with
responsibility for providing oversight of all United States
ocean waters and ocean resources;
(2) understand and predict changes in the Earth's
environment and conserve and manage ocean resources to meet our
Nation's economic, social, and environmental needs;
(3) protect, maintain, and restore the health of marine
ecosystems; and
(4) promote the ecologically sustainable use and management
of United States ocean waters and ocean resources.
(c) Duties.--It is the duty of the Administration to--
(1) protect, maintain, and restore the health of marine
ecosystems through ecosystem-based management in the United
States;
(2) assess climate variability and change to understand and
predict climate system dynamics and the impacts of coupled
atmosphere/oceans/land systems;
(3) meet society's diverse and expanding needs for weather-
related information, and enhance preparedness for responding to
weather conditions;
(4) support research that provides a comprehensive
understanding of marine systems to meet the environmental,
economic, and public safety needs of the United States;
(5) use the best available technology to explore and map
United States ocean waters, and work collaboratively with other
countries to use the best available technology to explore and
map their ocean waters, in order to better understand ocean
dynamics;
(6) educate the United States about earth's dynamic
biosphere and how humans impact it;
(7) carry out all functions of entities transferred to the
Administration, including by acting as a focal point regarding
oceans research and management;
(8) ensure that people of the United States have access to
the full range of environmental, economic, educational, social,
cultural, nutritional, and recreational benefits of healthy
marine ecosystems; and
(9) perform functions authorized to be carried out by the
National Oceanic and Atmospheric Administration immediately
before the enactment of this Act.
(d) Offices.--There shall be in the Administration the following
offices:
(1) The Office of Oceans Ecosystem Management and
Protection, which, subject to the other provisions of this Act,
shall perform the functions performed immediately before the
enactment of this Act by--
(A) the National Ocean Service; and
(B) the National Marine Fisheries Service.
(2) The National Weather Service.
(3) The Office of Oceans and Atmospheric Research and Data
Services, which, subject to the other provisions of this Act,
shall perform the functions performed immediately before the
enactment of this Act by--
(A) the Office of Ocean and Atmospheric Research;
and
(B) the National Environmental Satellite, Data, and
Information Service.
(4) The Office of Education.
(5) The Office of Personnel, Program, and Facilities
Management, which, subject to the other provisions of this Act,
shall perform the functions performed immediately before the
enactment of this Act by--
(A) the Office of Program Planning and Integration;
and
(B) Office of Marine and Aviation Operations.
SEC. 302. ADMINISTRATOR; FUNCTIONS.
(a) Administrator.--
(1) In general.--There is an Under Secretary of Commerce
for Oceans and Atmosphere. The Under Secretary shall be the
Administrator of the National Oceanic and Atmospheric
Administration, and shall be appointed by the President, by and
with the advice and consent of the Senate.
(2) Head of agency.--The Administrator--
(A) is the head of the Administration; and
(B) shall be responsible for ensuring that the
duties of the Administration under section 301(c) are
performed.
(3) Functions vested in administrator.--All functions of
all officers, employees, and organizational units of the
Administration are vested in the Administrator.
(4) Pay.--The Administrator shall be paid at the rate of
basic pay for level III of the Executive Schedule under section
5314 of title 5, United States Code.
(b) Authorities.--The Administrator--
(1) except as otherwise provided in this Act, may delegate
any of the Administrator's functions to any officer, employee,
or organizational unit of the Administration;
(2) may make contracts, grants, and cooperative agreements,
and enter into agreements with other executive agencies, Indian
tribes, States, regional agencies, interstate agencies, and
local governments, as may be necessary and proper to carry out
the Administrator's responsibilities under this Act or as
otherwise provided by law;
(3) shall take reasonable steps to ensure that information
systems and databases of the Administration are compatible with
each other and with appropriate databases of other agencies;
(4) has the authority to hire personnel, including the
selection, appointment, distribution, supervision,
compensation, and separation of personnel;
(5) may procure services of experts and consultants in
accordance with section 3109 of title 5, United States Code;
(6) shall develop policy and guidance;
(7) shall perform general management; and
(8) may prescribe external affairs, including legal,
legislative, and public affairs.
(c) Coordination With Non-Federal Entities.--With respect to the
duties of the Administration under section 301(c), the Administrator
shall coordinate with State and local government personnel, agencies,
and authorities, with the private sector, and with other entities.
(d) Report to Congress.--The Administrator shall transmit to the
Congress once every 3 years a report that sets forth--
(1) the status and condition of the health of marine
ecosystems in United States ocean waters;
(2) past, current, and projected trends in the quality,
management, and utilization of United States ocean waters and
the effects of those trends on the social, economic,
recreational, and other requirements of the United States;
(3) a review of the programs and covered actions (including
regulatory activities) of the Federal Government, State and
local governments, and nongovernmental entities or individuals
with particular reference to their effect on ocean waters and
on the conservation, development, and utilization of ocean
resources;
(4) a description of activities of the Administration to
perform its duties under section 301(c) during the period
covered by the report; and
(5) a program for remedying the deficiencies of existing
programs and activities, including recommendations for
legislation.
SEC. 303. OTHER OFFICERS.
(a) Deputy Administrator.--
(1) In general.--There is a Deputy Administrator of the
National Oceanic and Atmospheric Administration, who shall be
appointed by the Administrator. The position of Deputy
Administrator shall be a Senior Executive Service general
position authorized under section 3133 of title 5, United
States Code.
(2) Functions.--The Deputy Administrator is--
(A) the Administrator's first assistant and serves
as an advisor to the Administrator on all program and
policy issues;
(B) responsible for ensuring the timely and
effective implementation of Administration policies and
objectives; and
(C) acts in the position of the Administrator in
the absence or disability of the Administrator, or in
the event of a vacancy of that position.
(b) Assistant Administrators.--
(1) In general.--There are the following officers with
specified functions of the Administration, who shall each be
appointed by the Administrator:
(A) An Assistant Administrator for Oceans Ecosystem
Management and Protection, who shall be the head of the
Office of Oceans Ecosystem Management and Protection
and shall oversee programs and activities of the
Administration relating to marine ecosystem health and
ecosystem-based management of United States ocean
waters, including--
(i) coastal, estuary, Great Lakes, and
ocean management;
(ii) watershed monitoring;
(iii) coral reefs;
(iv) harmful algal blooms;
(v) hypoxia;
(vi) response and restoration;
(vii) fisheries research and management;
(viii) protected resources research and
management;
(ix) habitat conservation research and
management;
(x) enforcement and surveillance services;
(xi) marine and estuarine aquaculture;
(xii) coastal and estuarine land
conservation and restoration;
(xiii) sanctuaries and marine protected
areas;
(xiv) invasive species; and
(xv) ocean and coastal partnerships.
(B) An Assistant Administrator for Weather
Services, who shall be the head of the National Weather
Service and shall oversee programs and activities of
the Administration relating to--
(i) weather research;
(ii) air quality research; and
(iii) weather systems operations and
management.
(C) An Assistant Administrator for Oceans and
Atmospheric Research and Data Services, who shall be
the head of the Office of Oceans and Atmospheric
Research and Data Services and shall oversee programs
and activities of the Administration relating to oceans
and atmospheric science and research, including--
(i) oceans, coastal, and Great Lakes
research;
(ii) navigation;
(iii) coastal and ocean observing systems;
(iv) climate research;
(v) the National Sea Grant College Program;
(vi) the National Undersea Research
Program;
(vii) ocean exploration, including as
described in section 1001;
(viii) polar research;
(ix) environmental satellite observing
systems; and
(x) data centers and information services.
(D) An Assistant Administrator for Oceans and
Atmospheric Education, who shall be the head of the
Office of Education and shall oversee programs and
activities of the Administration relating to marine
education and outreach, including--
(i) the JASON Project;
(ii) ocean science competition;
(iii) educational partnership programs; and
(iv) other responsibilities as described in
section 904.
(E) An Assistant Administrator for Personnel,
Program, and Facilities Management, who shall be the
head of the Office of Personnel, Program, and
Facilities Management, shall oversee the programs and
activities of the Administration relating to general
management of personnel, programs, facilities
(including all vessels and aircraft), and financial
matters, including--
(i) program management and direction;
(ii) budget formulation, guidance, and
execution;
(iii) resource requirements determination
and allocation;
(iv) environment, safety, and health
operations; and
(v) administration of contracts, real
property, and facilities.
(F) A Chief Scientist, who shall be the chair of
the Science Advisory Board of the Administration.
(G) A General Counsel, who shall--
(i) be the chief legal officer of the
Administration for all legal matters that arise
in connection with the conduct of the functions
of the Administration; and
(ii) perform such other functions and
exercise such powers as the Administrator may
prescribe.
(2) Pay.--The Chief Scientist, General Counsel, and each
Assistant Administrator is a Senior Executive Service general
position.
SEC. 304. QUALIFICATIONS OF ADMINISTRATION OFFICERS.
The Chief Scientist, General Counsel, Assistant Administrators, and
Regional Administrators of the Administration shall be appointed from
among individuals who are qualified by reason of background and
experience to direct the implementation and administration of the
functions for which they are responsible.
SEC. 305. TRANSFER OF MARINE MAMMALS MANAGEMENT FUNCTIONS TO THE
ADMINISTRATOR.
There is hereby transferred to the Administrator the function of
marine mammals management authorized by the Marine Mammal Protection
Act of 1972 and under the jurisdiction of the United States Fish and
Wildlife Service immediately before the date of enactment of this Act.
SEC. 306. SCIENCE ADVISORY BOARD.
(a) In General.--There shall be in the Administration a Science
Advisory Board, which shall report to the Administrator.
(b) Purpose.--The purpose of the Science Advisory Board is to
advise the Administrator on long-range and short-range strategies for
research, education, and application of science to ocean resource
management and environmental assessment and prediction.
(c) Members.--
(1) In general.--The Science Advisory Board shall consist
of not less than 11 members, and not more than 15 members,
appointed by the Administrator to assure a balanced
representation among scientists, engineers, educators, and
science policy experts who are preeminent in their field and
have demonstrated experience reflecting the full breadth of the
Administration's areas of responsibility.
(2) Terms.--Members of the Science Advisory Board--
(A) shall be appointed for a 3-year term;
(B) may be reappointed once; and
(C) shall serve at the discretion of the
Administrator.
(d) Compensation and Expenses.--A member of the Science Advisory
Board shall not receive compensation for service on such board, but
upon request by the member may be allowed travel expenses, including
per diem in lieu of subsistence, in accordance with subchapter I of
chapter 57 of title 5, United States Code.
(e) Ethical Standards.--Members of the Science Advisory Board are
subject to the ethical standards applicable to special Government
employees.
(f) Chair.--The Chief Scientist is the chair of the Science
Advisory Board.
(g) Meetings.--The Science Advisory Board shall meet at least twice
a year, and at other times at the call of the Administrator or the
chair of the Board.
(h) Administrative Support.--The Administrator shall provide
administrative support to the Science Advisory Board.
SEC. 307. REPORT OF RECOMMENDATIONS FOR REORGANIZATION TO ESTABLISH A
DEPARTMENT OF NATURAL RESOURCES.
The President shall submit to the Congress by not later than 2
years after the date of the enactment of this Act recommendations for
reorganizing functions and components of existing Federal departments
and agencies for the purpose of establishing a Department of Natural
Resources having authority for Federal programs relating to land, air,
and water resources, including freshwater and ocean resources.
TITLE IV--NATIONAL OCEANS ADVISOR
SEC. 401. EXECUTIVE ADVISOR; MISSION.
(a) Establishment.--
(1) In general.--There is established in the Executive
Office of the President a National Oceans Advisor, who shall be
appointed by the President, by and with the advice and consent
of the Senate.
(2) Compensation.--The Advisor shall be paid at a rate
specified by the President not to exceed the rate payable for
Level V of the Executive Schedule under section 5136 of title
5, United States Code.
(b) Duties.--The Advisor shall--
(1) advise the President on implementation of this Act,
activities of the National Oceans Council, section 501, and
other covered actions relating to United States ocean waters
and marine ecosystem health;
(2) serve as the Executive Director of the National Oceans
Council established by section 501; and
(3) in consultation with the Administrator, coordinate
Federal agency covered actions related to United States ocean
waters and marine ecosystem health.
SEC. 402. STAFFING.
(a) In General.--The Advisor, without regard to the civil service
laws and regulations governing employment in the competitive service,
may employ such officers and employees as may be necessary to carry out
the functions of the National Oceans Advisor under this Act.
(b) Voluntary and Uncompensated Services.--The Advisor may accept,
employ, and terminate voluntary and uncompensated services in
furtherance of the purposes of the Advisor.
TITLE V--NATIONAL OCEANS COUNCIL
SEC. 501. ESTABLISHMENT OF COUNCIL; MISSION.
(a) Establishment.--There is established in the Executive Office of
the President a National Oceans Council.
(b) Duties.--The Council shall--
(1) facilitate interagency coordination on Federal agency
covered actions related to United States ocean waters and
marine ecosystem health and the implementation of this Act;
(2) review and appraise the various programs and activities
of the Federal Government for consistency with the policy set
forth in section 101 and make recommendations to the President
with respect thereto no later than 1 year after the date of
enactment of this Act;
(3) resolve interagency disputes regarding marine ecosystem
health and in particular the implementation of this Act;
(4) coordinate and certify agency ocean budgets regarding
their sufficiency to achieve the policy set forth in section
101; and
(5) submit to the President and publish at least once every
2 years a report on the condition of United States ocean
waters.
(c) Resources.--In carrying out its functions under this Act, the
Council may secure directly from any Federal agency or department any
information it considers to be necessary to carry out its functions
under this Act. Each such agency or department may cooperate with the
Council and, to the extent permitted by law, shall furnish such
information (other than information described in section 552(b)(1)(A)
of title 5, United States Code) to the Council, upon request of the
Council.
SEC. 502. CHAIR; MEMBERSHIP; FUNCTIONS.
(a) Chair.--The National Oceans Advisor shall be the Chair of the
Council.
(b) Membership.--
(1) In general.--The Council shall have 19 voting members,
as follows:
(A) The Administrator of the National Oceanic and
Atmospheric Administration.
(B) The Secretary of State.
(C) The Secretary of the Interior.
(D) The Secretary of Defense.
(E) The Secretary of Agriculture.
(F) The Secretary of Transportation.
(G) The Secretary of Homeland Security.
(H) The Secretary of Education.
(I) The Secretary of Energy.
(J) The Secretary of Health and Human Services.
(K) The Administrator of the Environmental
Protection Agency.
(L) The Director of the Office of Management and
Budget.
(M) The Director of the National Science
Foundation.
(N) Four State governors appointed by the National
Governors Association, who shall represent State and
local interests.
(O) The Administrator of the National Aeronautics
and Space Administration.
(P) The Chair of the National Research Council
Governing Board.
(2) State governor members.--
(A) Terms.--Of the members appointed under
paragraph (1)(N)--
(i) except as provided in clause (iii),
their term as a member shall be 3 years;
(ii) one member shall be appointed to an
initial 3-year term that begins in a Federal
election year in which there occurs an election
of the President;
(iii) one member shall be appointed to an
initial 3-year term that begins in a Federal
election year in which there does not occur an
election of the President; and
(iv) at least 2 shall be governors of
coastal States.
(B) Limitation on appointment.--A governor of a
State may not be appointed under paragraph (1)(K) to a
term on the Council that begins before the end of the
3-year period that begins upon the expiration of a
prior term on the Council served by a governor of the
State.
(c) Staff.--
(1) In general.--The Chair, without regard to the civil
service laws and regulations, may employ and terminate such
employees as may be necessary to carry out its function under
this Act.
(2) Voluntary and uncompensated services.--The Chair may
accept, employ, and terminate voluntary and uncompensated
services in furtherance of the purposes of the Council.
SEC. 503. LIMITATIONS ON VOTING.
(a) Administrator.--The Administrator may not participate in any
vote of the National Oceans Council on any matter concerning resolution
of an interagency dispute regarding marine ecosystem health.
(b) Head of Agency.--A member of the National Oceans Council may
not participate in any vote of the National Oceans Council on any
matter concerning resolution of an interagency dispute regarding a
covered action by a Federal agency that is under the administrative
jurisdiction of the member.
TITLE VI--COUNCIL OF ADVISORS ON OCEANS POLICY
SEC. 601. ESTABLISHMENT OF COUNCIL.
There is established the Council of Advisors on Oceans Policy.
SEC. 602. DUTIES.
The Council shall advise the President, the National Oceans
Advisor, and the National Oceans Council on policies to protect,
maintain, and restore the health of marine ecosystems on a regional and
national basis.
SEC. 603. MEMBERSHIP.
(a) In General.--The Council shall have not less than 13 members
and not more than 17 members (as determined by the President) appointed
by the President.
(b) Included Members.--The members of the Council shall include at
least 1 representative of each of the following:
(1) State, tribal, and local governments.
(2) The marine science research community.
(3) The marine science education community.
(4) Fisheries.
(5) Non-fishing marine activities.
(6) Agriculture, which may include timber.
(7) Watershed organizations (other than organizations
represented under paragraph (8)), which may include resource
conservation districts.
(8) Non-governmental organizations (other than
organizations represented under paragraph (7)), including
groups interested in marine conservation.
(c) Terms.--
(1) In general.--Except as provided in paragraph (2), the
term of a member of the Council shall be 3 years.
(2) Initial appointees.--Of the members initially appointed
to the Council--
(A) one-half shall be appointed to a 3-year term
that ends in a Federal election year in which there
occurs an election of the President; and
(B) one-half shall be appointed to a 3-year term
that ends in a Federal election year in which there
does not occur an election of the President;
(d) Qualification.--Members of the Council shall be appointed based
on their knowledge and experience in coastal, ocean, and atmospheric
science, policy, and other related areas.
(e) Vacancies.--Any member appointed to fill a vacancy occurring
before the expiration of the term for which the member's predecessor
was appointed shall be appointed only for the remainder of that term.
(f) Limitation.--An individual may not serve more than 2 terms as a
member of the Council.
(g) Compensation and Expenses.--A member of the Council shall not
receive compensation for service on the Council, but upon request by
the member may be allowed travel expenses, including per diem in lieu
of subsistence, in accordance with subchapter I of chapter 57 of title
5, United States Code.
SEC. 604. MEETINGS.
The Council shall meet at least 2 times each year and more often at
the President's discretion.
TITLE VII--REGIONAL PLANNING
SEC. 701. FINDINGS.
The Congress finds the following:
(1) Ecosystem-based management of United States ocean
waters--
(A) is needed to protect, maintain, and restore the
health of marine ecosystems;
(B) may occur at scales larger or smaller than the
ocean regions designated by this title;
(C) will coordinate among management of
terrestrial, atmospheric, and ocean resources;
(D) requires partnerships among State, local,
tribal, and Federal governments that promote
coordination of such governments; and
(E) will be greatly enhanced by regional ocean
observing systems.
SEC. 702. DESIGNATION OF OCEAN REGIONS; REGIONAL ADMINISTRATORS.
(a) Establishment of Regions.--There are hereby designated the
following ocean regions:
(1) North pacific ocean region.--The North Pacific Ocean
Region, which shall consist of United States ocean waters off
the coast of the State of Alaska, including such waters of the
Arctic Ocean, Bering Sea, and Pacific Ocean seaward of Alaska.
(2) Pacific ocean region.--The Pacific Ocean Region, which
shall consist of United States ocean waters off the coast of
the States of California, Oregon, and Washington.
(3) Western pacific ocean region.--The Western Pacific
Ocean Region, which shall consist of United States ocean waters
off the coast of the State of Hawaii and of American Samoa,
Guam, and the Northern Mariana Islands, including such waters
of the Pacific Ocean seaward of the Commonwealths, territories,
and possessions of the United States in the Pacific Ocean area.
(4) Gulf of mexico ocean region.--The Gulf of Mexico Ocean
Region, which shall consist of United States ocean waters of
the Gulf of Mexico off the coast of the States of Texas,
Louisiana, Mississippi, Alabama, and Florida.
(5) South atlantic ocean region.--The South Atlantic Ocean
Region, which shall consist of United States ocean waters of
the Atlantic Ocean off the coast of the States of North
Carolina, South Carolina, Georgia, and Florida.
(6) Caribbean ocean region.--The Caribbean Ocean Region,
which shall consist of United States ocean waters of the
Caribbean Sea and Atlantic Ocean off the coast of the Virgin
Islands and the Commonwealth of Puerto Rico.
(7) Mid-atlantic ocean region.--The Mid-Atlantic Ocean
Region, which shall consist of United States ocean waters of
the Atlantic Ocean off the coast of the States of New York, New
Jersey, Delaware, Pennsylvania, Maryland, and Virginia.
(8) New england ocean region.--The New England Ocean
Region, which shall consist of United States ocean waters of
the Atlantic Ocean off the coast of the States of Maine, New
Hampshire, Massachusetts, Rhode Island, and Connecticut.
(9) Great lakes region.--The Great Lakes Region, which
shall consist of United States ocean waters of the Great Lakes
off the coast of Minnesota, Wisconsin, Illinois, Indiana,
Michigan, Ohio, Pennsylvania, and New York.
(b) National Oceanic and Atmospheric Administration Regional
Offices.--
(1) Establishment.--The Administrator shall, by not later
than 1 year after the date of the enactment of this Act--
(A) establish for each ocean region designated
under subsection (a) a National Oceanic and Atmospheric
Administration Regional Office, which shall be
relatively centrally located in the coastal area of the
ocean region; and
(B) appoint a Regional Administrator of the
National Oceanic and Atmospheric Administration for
that region.
(2) Functions of regional administrators.--A Regional
Administrator appointed under paragraph (1) for an ocean region
shall--
(A) be the head of the National Oceanic and
Atmospheric Administration Regional Office established
for that region;
(B) be responsible for implementation of this title
with respect to that ocean region;
(C) provide a written opinion to the Administrator
on the consistency of a proposed covered action with an
approved Regional Ocean Ecosystem Plan;
(D) support coordination and information transfer
between Regional Oceans Councils and agencies and
groups at the international, Federal, State, tribal,
territorial, local, and other levels;
(E) conduct other tasks as deemed necessary by the
Administrator to fulfill the mission of the Agency; and
(F) report directly to the Administrator on matters
relating to regional implementation of this Act.
(3) Staff.--The Regional Administrator appointed under
paragraph (1) for an ocean region shall appoint staff for the
National Oceanic and Atmospheric Administration Regional Office
for the ocean region.
SEC. 703. REGIONAL OCEAN COUNCILS.
(a) Establishment.--The Administrator shall establish, within 120
days after the date of the enactment of this Act, a Regional Ocean
Council for each of the regions designated under section 702(a), as
follows:
(1) North pacific council.--The North Pacific Regional
Ocean Council, which shall include at least 1 representative of
the State of Alaska and shall have authority to develop and
implement a Regional Ocean Ecosystem Plan as required under
section 704 for United States ocean waters of the North Pacific
Ocean Region.
(2) Pacific council.--The Pacific Regional Ocean Council,
which shall include at least 1 representative of each of the
States of California, Oregon, and Washington, and shall have
authority to develop and implement a Regional Ocean Ecosystem
plan as required under section 704 for United States ocean
waters of the Pacific Ocean Region.
(3) Western pacific council.--The Western Pacific Regional
Ocean Council, which shall include at least 1 representative of
each of the State of Hawaii and American Samoa, Guam, and the
Northern Mariana Islands and shall have authority to develop
and implement a Regional Ocean Ecosystem Plan as required under
section 704 for United States ocean waters of the Pacific Ocean
Region.
(4) Gulf of mexico council.--The Gulf of Mexico Regional
Ocean Council, which shall include at least 1 representative of
each of the States of Texas, Louisiana, Mississippi, Alabama,
and Florida and shall have authority to develop and implement a
Regional Ocean Ecosystem Plan as required under section 704 for
United States ocean waters of the Gulf of Mexico Ocean Region.
(5) South atlantic council.--The South Atlantic Regional
Ocean Council, which shall include at least 1 representative of
each of the States of North Carolina, South Carolina, Georgia,
and Florida and shall have authority to develop and implement a
Regional Ocean Ecosystem Plan as required under section 704 for
United Sates ocean waters of the Atlantic Ocean Region.
(6) Caribbean council.--The Caribbean Regional Ocean
Council, which shall include at least 1 representative of each
of the Virgin Islands and the Commonwealth of Puerto Rico and
shall have authority to develop and implement a Regional Ocean
Ecosystem Plan as required under section 704 for United States
ocean waters of the Caribbean Ocean Region.
(7) Mid-atlantic council.--The Mid-Atlantic Regional Ocean
Council, which shall include at least 1 representative of each
of the States of New York, New Jersey, Delaware, Pennsylvania,
Maryland, and Virginia and shall have authority to develop and
implement a Regional Ocean Ecosystem Plan as required under
section 704 for United States ocean waters of the Atlantic
Ocean Region.
(8) New england council.--The New England Regional Ocean
Council, which shall include at least 1 representative of each
of the States of Maine, New Hampshire, Massachusetts, Rhode
Island, and Connecticut and shall have authority to develop and
implement a Regional Ocean Ecosystem Plan as required under
section 704 for United States ocean waters of the New England
Ocean Region.
(9) Great lakes council.--The Great Lakes Oceans Council,
which shall include at least 1 representative of each of the
States of Minnesota, Wisconsin, Illinois, Indiana, Michigan,
Ohio, Pennsylvania, and New York and shall have authority to
develop and implement a Regional Ocean Ecosystem Plan as
required under section 704 for United States ocean waters of
the Great Lakes Region.
(b) Membership.--
(1) Number.--Each Council shall consist of--
(A) the Regional Administrator for the ocean region
under the authority of the Council, who shall be the
chairperson of the Council; and
(B) a number of additional members determined by
the Administrator consistent with this subsection.
(2) Equal numbers of federal and state members.--Of the
total number of members of each Council under paragraph
(1)(B)--
(A) one half shall be Federal representatives
appointed under paragraph (3); and
(B) one half shall be State representatives
appointed under paragraph (4).
(3) Federal representatives.--
(A) In general.--The Administrator, in consultation
with the National Oceans Council, shall appoint
representatives of the Federal Government to each
Council from among officers or employees of Federal
agencies or departments whose actions relate to
protecting, maintaining, and restoring marine ecosystem
health of United States ocean waters.
(B) Included agencies.--The members appointed to
each Council under this paragraph--
(i) may include officers or employees of
the Department of the Interior, the
Environmental Protection Agency, the Corps of
Engineers, and other agencies considered by the
Regional Administrator for the ocean region
under the authority of the Council to be
appropriate to implement ecosystem-based
management; and
(ii) shall include an officer or employee
of the Administration.
(C) Pacific and north pacific councils.--The
members appointed to each of the Pacific Regional Ocean
Council and the North Pacific Regional Ocean Council
shall include tribal representation.
(4) State representatives.--
(A) State appointments.--The Governor of each
State, Commonwealth, territory, and possession of the
United States with a representative on a Council under
subsection (a) shall appoint as such member of the
Council an officer or employee of a State agency having
responsibilities relating to marine ecosystem health.
(B) Additional appointments.--The Administrator
shall appoint to each Council such total number of
additional representatives of States, Commonwealths,
territories, and possessions of the United States with
a representative on the Council under subsection (a) as
is necessary to comply with paragraph (2).
(c) Procedures.--
(1) In general.--Except as provided in paragraph (2), each
Council shall operate in accordance with procedures established
by the Council and approved by the Administrator.
(2) Interim procedures.--Each Council shall operate in
accordance with interim procedures prescribed by the
Administrator until such time as the Administrator approves
procedures established by the Council under paragraph (1).
(3) Required procedures.--The Administrator shall prescribe
requirements for approval of procedures under paragraph (1),
and interim procedures for purposes of paragraph (2), including
such requirements and interim procedures that address--
(A) issues of transparency in decision making; and
(B) opportunities for public comment.
(d) Staff.--
(1) Hiring authority.--Each Council may hire such staff as
is necessary to perform the functions of the Council.
(2) Treatment.--Staff hired by a Council shall be treated
as employees of the Administration.
(e) Consideration of Other Regional Efforts.--In performing
functions under this title, each Council shall--
(1) to the extent practicable and consistent with other
provisions of this Act, consider and build on other efforts
within the region relating to the ecologically sustainable
management of United States ocean waters, including regional
ocean observing programs and restoration projects; and
(2) in cases in which marine ecosystem health may be better
ensured by activities at a scale larger or smaller than the
ocean region of the Council, make every effort to consider and
support such activities.
(f) International Cooperation.--Each Council is encouraged to
foster non-binding relationships with foreign governments, agencies,
States, provinces, and other entities as appropriate, at scales
appropriate to the region under the authority of the Council, including
by providing opportunities for non-voting participation by foreign
representatives at meetings of the Council, its advisory committees,
and other working groups.
SEC. 704. REGIONAL OCEAN ECOSYSTEM PLANS.
(a) Requirement.--Each Regional Ocean Council shall, within 5 years
after the establishment of the Council, prepare and submit to the
Administrator a Regional Ocean Ecosystem Plan for the ocean region
under the authority of the Council.
(b) Contents.--Each Regional Ocean Ecosystem Plan prepared under
this section shall include, at a minimum, provisions that accomplish
the following with respect to the ocean region for which it is
prepared:
(1) Provide guidance for implementing ecosystem-based
management of all United States ocean waters.
(2) Assess the history and state of the ocean region,
including the health of marine ecosystems within the ocean
region.
(3) Identify the key threats to marine ecosystem health and
describe ways to address those threats.
(4) Identify gaps in knowledge and information that would
inform ecosystem-based management.
(5) Prioritize research and conservation efforts needed,
including research and conservation carried out by the
Administration.
(6) Provide for the development and monitoring of criteria
and indicators, as described in section 202, of the health of
marine ecosystems.
(7) Establish clear and measurable management and
restoration goals for marine ecosystem health.
(8) Provide for the development and implementation of
enforceable policies to protect, maintain, and restore marine
ecosystem health.
(9) Comply with the national standards and policy under
section 201.
(10) Assign clear roles and responsibilities regarding
efforts to protect, maintain, and restore marine ecosystem
health.
(11) Coordinate with existing ecosystem-based management
efforts within the ocean region.
(c) Review of Plans.--
(1) Review by administrator.--Upon submission by a Council
to the Administrator of a Regional Ocean Ecosystem Plan or
amendment to such a plan, the Administrator shall--
(A) immediately commence a review of the plan or
amendment to determine whether it is consistent with
the national standards, the other provisions of this
Act, and any other applicable law; and
(B) immediately publish in the Federal Register a
notice stating that the plan or amendment is available
and that written information, views, or comments of
interested persons on the plan or amendment may be
submitted to the Administrator--
(i) during the 120-day period beginning on
the date the notice is published, in the case
of a plan; or
(ii) 90-day period beginning on the date
the notice is published, in the case of an
amendment.
(2) Considerations and consultation.--In undertaking the
review required under paragraph (1), the Administrator shall--
(A) take into account the information, views, and
comments received from interested persons;
(B) consult with the Secretary of State with
respect to foreign use of United States ocean waters;
(C) consult with the Secretary of the department in
which the Coast Guard is operating with respect to
enforcement at sea; and
(D) consult with the Secretary of the Interior and
other Federal agencies, as appropriate.
(3) Approval or disapproval.--
(A) Requirement.--The Administrator shall approve,
disapprove, or partially approve a Regional Ocean
Ecosystem Plan or amendment within 60 days after the
end of the comment period under paragraph (1) in the
case of a plan, or within 30 days after the end of the
comment period under paragraph (1) in the case of an
amendment, by written notice to the Council. A notice
of disapproval or partial approval shall specify--
(i) the applicable law with which the plan
or amendment is inconsistent;
(ii) the nature of such inconsistencies;
and
(iii) recommendations concerning the
actions that could be taken by the Council to
conform such plan or amendment to the
requirements of applicable law.
(B) Automatic effectiveness.--If the Administrator
does not notify a Council within 60 days after the end
of the comment period in the case of a plan, or within
30 days after the end of the comment period in the case
of an amendment, of the approval, disapproval, or
partial approval of a Regional Ocean Ecosystem Plan or
amendment, then such plan or amendment shall take
effect as if approved.
(4) Submission of revisions for full approval.--If the
Administrator disapproves or partially approves a Regional
Ocean Ecosystem Plan or amendment, the Council may submit a
revised plan or amendment to the Administrator for review under
this subsection.
(5) Immediately defined.--For purposes of this subsection,
the term ``immediately'' means on or before the 5th day after
the day on which a Council transmits to the Administrator a
Regional Ocean Ecosystem Plan or amendment to such a plan that
the Council characterizes as final.
(d) Interim Report.--Each Council shall submit to the
Administrator, by not later than 30 months after the date of completion
of appointment of the members of the Council, an interim report on
progress made by the Council in preparing a Regional Ocean Ecosystem
Plan under this section.
(e) Preparation by Administrator.--If a Council fails to prepare
and submit a Regional Ocean Ecosystem Plan in accordance with this
section within 5 years after the date of the enactment of this Act, the
Administrator shall prepare such plan within 7 years after the date of
the enactment of this Act. If a Council fails to have a fully approved
Regional Ocean Ecosystem Plan for that ocean region within 7 years
after the date of enactment of this Act, the Administrator shall
prepare such amendments as necessary to make the plan be in compliance
with this Act within 8 years after the date of enactment of this Act.
The Regional Administrator for that ocean region shall be responsible
for monitoring the progress of the Council's development of the
Regional Ocean Ecosystem Plan and offering comment regarding the extent
to which the plan is consistent with this Act.
(f) Updating of Plans.--Each Council shall review and, as
appropriate, submit to the Administrator amendments to revise the
Regional Ocean Ecosystem Plan that applies to the ocean region over
which it has authority at least once every 8 years.
SEC. 705. CONSISTENCY REQUIREMENTS.
Each covered action that may significantly affect United States
ocean waters in an ocean region shall be carried out in a manner that
is consistent to the fullest extent possible with the enforceable
policies of any Regional Ocean Ecosystem Plan that is approved or
prepared by the Administrator under this title.
SEC. 706. REGIONAL OCEAN COUNCIL ADVISORY COMMITTEES.
(a) Authority.--Each Council may establish and appoint the members
of advisory committees and working groups as necessary for preparation
of a Regional Ocean Ecosystem Plan under this title.
(b) Required Advisory Committees.--Each Council shall establish and
appoint the members of the following advisory committees:
(1) A Science Advisory Committee in accordance with
subsection (c).
(2) A Citizens Advisory Committee in accordance with
subsection (d).
(3) An Inland States Advisory Committee in accordance with
subsection (e).
(c) Advice and Input.--The Council, advisory committees, and any
associated working groups may seek advice and input from any interested
or knowledgeable person as deemed necessary.
(d) Science Advisory Committee.--
(1) Membership.--The Science Advisory Committee established
under subsection (b) shall be comprised of an interdisciplinary
membership that includes individuals who are qualified by
reason of academic background and experience to represent
natural and social science fields of study, including biology,
ecology, oceanography, atmospheric science, geology, geography,
sociology, anthropology, and economics.
(2) Functions.--The Science Advisory Committee established
under subsection (b) shall--
(A) provide scientific expertise on the validity
and overall approach taken by the Council in its
efforts to protect, maintain, and restore the health of
marine ecosystems;
(B) oversee the peer-review of documents and
technical reports produced by the Council and the
quality of documents and technical reports used by the
Council; and
(C) provide consultation to Council staff in their
efforts to provide information or guidance requested by
the Council, its committees and working groups.
(3) Effect of recommendations.--The Science Advisory
Committee may issue publicly available Implementation
Instructions. In such cases, the Council shall, within 90 days
of issuance of Implementation Instructions, consult with
advisory committees and working groups as deemed appropriate,
and--
(A) implement the recommendation; or
(B) provide publicly available written explanation
as to why the Implementation Instructions were not
implemented.
(4) Other guidance.--The Science Advisory Committee may
issue guidance and other statements not subject to the above
provision.
(e) Citizens Advisory Committee.--
(1) Membership.--The Citizens Advisory Committee shall be
comprised of nongovernmental members of the public, including,
but not limited to, a wide range of citizens interested in
multiple uses of United States ocean waters and ocean
resources.
(2) Functions.--The Citizens Advisory Committee shall--
(A) provide information about the activities
encompassed in, affected by, or pertinent to Regional
Ocean Ecosystem Plans;
(B) advise the Council as appropriate; and
(C) provide consultation to Council staff in their
efforts to provide information or guidance requested by
the Council, its committees, and working groups.
(f) Inland States Advisory Committee.--The Inland-States Advisory
Committee established under subsection (b) shall--
(1) have a membership that is comprised of representatives
of inland States that, according to maps and data of the United
States Geological Survey, have jurisdiction over waters that
feed into the ocean region over which the Council has
authority;
(2) facilitate communication between such inland States and
coastal States regarding important coastal and ocean issues
that cannot be solved without inland State participation; and
(3) provide consultation to Council staff in their efforts
to provide information or guidance requested by the Council,
its committees, and working groups.
(g) FACA.--The Federal Advisory Committee Act (5 App. U.S.C.) shall
not apply to any advisory committee established by a Council.
SEC. 707. FINANCIAL ASSISTANCE TO STATES.
The Administrator shall provide financial assistance to States for
expenses incurred in participating on a Regional Ocean Council or an
Inland States Advisory Committee under this title.
SEC. 708. CITIZEN SUITS.
(a) Suits Authorized.--Any person may commence a civil suit on the
person's own behalf--
(1) to enjoin any person, including the United States or
any other governmental instrumentality or agency (to the extent
permitted by the eleventh amendment to the Constitution), that
is alleged to be in violation of this Act or any regulation
issued under this Act;
(2) seeking judicial review of the compliance--
(A) of a Regional Ocean Ecosystem Plan with the
requirements of this Act; or
(B) of the actions of any person with a Regional
Ocean Ecosystem Plan approved or prepared by the
Administrator under this Act; or
(3) against the Administrator for a failure of the
Administrator to perform any act or duty under this Act that is
not discretionary.
(b) Jurisdiction.--The district courts of the United States shall
have jurisdiction, without regard to the amount in controversy or the
citizenship of the parties, to enforce this Act or any such regulation
or to order the Administrator to perform such act or duty, as the case
may be.
(c) Venue.--Any suit under this section shall be brought in the
Federal judicial district in which occurs the violation or failure, as
applicable.
(d) Intervention by United States.--In any suit under this section
in which the United States is not a party, the Attorney General, at the
request of the Administrator, may intervene on behalf of the United
States as a matter of right.
(e) Award of Costs.--The court, in issuing any final order in any
suit brought under this section, may award costs of litigation
(including reasonable attorney and expert witness fees) to any party,
whenever the court determines such award is appropriate.
(f) Preservation of Other Rights.--This section shall not restrict
any right that any person or class of persons may have under any
statute or common law to seek enforcement of any standard or limitation
or to seek any other relief, including relief against the Administrator
or a State agency.
TITLE VIII--OCEAN SCIENCE, EXPLORATION, AND RESEARCH COORDINATION
SEC. 801. COMMITTEE ON OCEAN SCIENCE, EDUCATION, AND OPERATIONS.
(a) Committee.--The Chair of the National Oceans Council created
under section 502 of this Act shall establish a Committee on Ocean
Science, Education, and Operations (referred to in this Act as the
``Committee'').
(b) Membership.--The Committee shall be composed of the following
members:
(1) The Administrator.
(2) The Secretary of the Navy.
(3) The Director of the National Science Foundation.
(4) The Administrator of the National Aeronautics and Space
Administration.
(5) The Under Secretary of Energy for Energy, Science, and
Environment.
(6) The Administrator of the Environmental Protection
Agency.
(7) The Under Secretary of Homeland Security for Science
and Technology.
(8) The Commandant of the Coast Guard.
(9) The Director of the United States Geological Survey.
(10) The Director of the Minerals Management Service.
(11) Under Secretary of Agriculture for Research,
Education, and Economics.
(12) The Assistant Secretary of State for Oceans and
International Environmental and Scientific Affairs.
(13) The Director of the Defense Advanced Research Projects
Agency.
(14) The Director of the Office of Science and Technology
Policy.
(15) The Director of the Office of Management and Budget.
(16) The Under Secretary of Education.
(17) The leadership of such other Federal agencies and
departments as the chair and vice chairs of the Committee
consider appropriate.
(c) Chair and Vice Chairs.--The chair and vice chairs of the
Committee shall be appointed every two years by a selection
subcommittee of the Committee composed of, at a minimum, the
Administrator, the Secretary of the Navy, the Director of the United
States Geological Survey, and the Director of the National Science
Foundation. The term of office of the chair and vice chairs shall be
two years. A person who has previously served as chair or vice chair
may be reappointed.
(d) Responsibilities.--The Committee shall--
(1) serve as the primary source of advice and support on
scientific research, technology, education, and operational
matters for the National Oceans Council and assist in carrying
out the functions of the National Oceans Council as they relate
to such matters, including budgetary analyses;
(2) improve cooperation among Federal departments and
agencies with respect to ocean and coastal science budgets;
(3) develop and recommend to the National Oceans Council
the National Strategy for Ocean and Coastal Science under
section 802, and oversee its implementation;
(4) prescribe policies and procedures and provide support
for the National Ocean Partnership Program under section 803;
(5) establish interagency subcommittees and working groups
as appropriate to develop comprehensive and balanced Federal
programs and approaches to ocean and coastal science issues and
needs;
(6) consult with Regional Ocean Councils and academic,
State, industry, foundation, and other partners in the conduct
of coastal and marine operations, research, and education and
with actual and potential users of ocean science information in
establishing priorities and developing plans for research and
technology and education;
(7) cooperate with the Secretary of State in--
(A) coordinating United States Government
activities with those of other nations and with
international research and technology and education
relating to or affecting issues addressed by the
National Oceans Council; and
(B) providing, as appropriate, support for and
representation on United States delegations to relevant
international meetings; and
(8) carry out such other activities as the National Oceans
Council may require.
SEC. 802. NATIONAL STRATEGY FOR OCEAN AND COASTAL SCIENCE.
(a) Goals and Priorities.--The Chair of the National Oceans
Council, after consultation with Regional Ocean Councils established
under title VII and through the Committee, shall develop a National
Strategy for Ocean and Coastal Science. The Chair shall submit the
strategy to the Congress within two years after the date of enactment
of this Act, and a revised strategy shall be submitted at least once
every five years thereafter. The strategy shall establish, for the 10-
year period beginning in the year the strategy is submitted, the
scientific goals and priorities for ocean and coastal research,
technology, education, and operations which most effectively advance
knowledge and provide usable information as the basis for policy
decisions to--
(1) understand, assess, and respond to human-induced and
natural processes of global climate and environmental change;
(2) improve public forecasts and warnings and mitigate
natural hazards;
(3) enhance safety and efficiency of marine operations to
benefit the public, the economy, and the environment;
(4) support efforts to protect, maintain, and restore the
health of marine ecosystems and to implement ecosystem-based
management of United States ocean waters and ocean resources,
including how marine ecosystems function on varying spatial and
temporal scales and how biological, physical, geological,
chemical, and socioeconomic processes interact;
(5) implement and monitor the effectiveness of ocean and
coastal environmental policies;
(6) contribute to public understanding of coastal and
global ocean systems and public awareness of the importance and
health of marine ecosystems;
(7) respond to environmental changes that affect human
health; and
(8) strengthen homeland security and military preparedness.
(b) Strategy.--The strategy shall--
(1) describe specific activities required to achieve
established goals and priorities including research and
education programs, observation collection and analysis
requirements, technology development, facility and equipment
investments, information management, student support and
training, data stewardship and access, and participation in
international research, education, and other capacity-building
efforts;
(2) identify and address relevant programs and activities
of the Federal agencies and departments represented on the
Committee that will contribute to scientific goals and
priorities and set forth the role of the National Ocean
Partnership Program and each Federal agency and department in
implementing the strategy;
(3) consider and use, as appropriate, reports and studies
conducted by Federal agencies and departments, Regional Ocean
Councils, the National Research Council, or other entities;
(4) make recommendations for the coordination of ocean and
coastal science activities of the United States with those of
other nations and international organizations, including
bilateral and multilateral proposals for cooperation on major
projects, for improving worldwide access to scientific data and
information, and for encouraging participation in international
ocean science research and education programs by developing
nations; and
(5) estimate, to the extent practicable, Federal funding
for ocean and coastal science activities to be conducted
pursuant to the strategy.
(c) Strategic Elements.--The strategy shall provide for, but not be
limited to, the following elements:
(1) Global measurements on all relevant spatial and time
scales, establishing worldwide observations necessary to study
and assess coastal and global ocean systems, including health
of marine ecosystems, and support information needs for goals
and priorities identified in section 802(a).
(2) National ocean partnerships, building partnerships
among Federal agencies, academia, industries, and other members
of the ocean and coastal science community in the areas of
research, education, data systems, and communication.
(3) Marine science facility support, ensuring the
procurement, maintenance, and operation of the national
oceanographic research fleet and related infrastructure to
provide for sustained ocean and coastal observations from in
situ, remote, aircraft, and vessel platforms.
(4) Focused research initiatives, using a competitive
process to select and fund grants to advance understanding of,
the nature of, and interaction among physical, chemical,
geological, and biological processes of the oceans, including
the effects of human activities on such processes and
assessment and development of methods for restoration of these
processes.
(5) Technology development, supporting development of new
technologies and sensors to achieve strategic and program
goals, and development of algorithms, analysis methods, and
long-term data records for emerging operational sensors.
(6) Workforce development, building and maintaining a
diverse national ocean science professional workforce through
traineeships, scholarships, fellowships, and internships.
(7) Ocean science education, providing national
coordination of formal and informal ocean science education
programs at all education levels and establishing mechanisms to
improve ocean literacy, contribute to public awareness of the
importance of healthy marine ecosystems, and create an oceans
stewardship ethic among citizens.
(8) Information management, establishing and maintaining
information systems that promote efficient stewardship,
transfer, and use of data, create globally accessible data
standards and formats, and allow analysis of data from varied
sources to produce information readily usable by policymakers
and stakeholders.
(d) Public Participation.--In developing the strategy, the
Committee shall consult with Regional Ocean Councils and academic,
State, industry, and environmental groups and representatives. Not
later than 90 days before the Chair of the Council submits the
strategy, or any revision thereof, to the Congress, a summary of the
proposed strategy shall be published in the Federal Register for a
public comment period of not less than 60 days.
SEC. 803. NATIONAL OCEAN PARTNERSHIP PROGRAM.
(a) Purposes.--Building on the program established under section
7901 of title 10, United States Code, the Committee shall strengthen
and maintain the National Ocean Partnership Program for the purposes
of--
(1) coordinating and strengthening ocean and coastal
science efforts to promote interagency goals and priorities
established in the National Strategy for Ocean and Coastal
Science;
(2) identifying and providing support for partnerships
among Federal agencies, academia, industries, and other members
of the ocean and coastal science community in the areas of
research and technology, education, data systems, observations,
and communication;
(3) monitoring trends in the Federal investment in ocean
sciences research and development and in education for marine-
oriented professions, focusing in particular on Federal
workforce needs; and
(4) reporting to Congress on the progress of partnership
activities under the program.
(b) Selection Criteria.--Partnership projects for implementation
under the program shall be reviewed, selected, identified, and
allocated funding based on the following criteria:
(1) The project addresses critical scientific research or
education objectives or operational goals which add value
through interagency cooperation.
(2) The project has broad participation within the marine
community.
(3) The partners have a long-term commitment to the
objectives of the project.
(4) Resources supporting the project are shared among the
partners.
(5) The project includes a plan for education and outreach.
(6) The project has been subjected to peer review.
(c) Annual Report.--Not later than March 1 of each year, the
Committee shall submit to Congress a report on the National Ocean
Partnership Program. The report shall contain the following:
(1) A description of activities of the program carried out
during the fiscal year before the fiscal year in which the
report is prepared, together with a list of the members of the
Ocean Research and Education Advisory Panel and any working
groups in existence during the fiscal year covered.
(2) A general outline of the activities planned for the
program during the fiscal year in which the report is prepared.
(3) A summary of projects continued from the fiscal year
before the fiscal year in which the report is prepared and
projects expected to be started during the fiscal year in which
the report is prepared and during the following fiscal year.
(4) An analysis of trends in ocean-related human resource
development, focusing in particular on Federal workforce needs,
and in the Federal investment in ocean sciences research and
development.
(5) A description of the involvement of the program with
Federal interagency coordinating entities.
(6) The amounts requested, in the budget submitted to
Congress pursuant to section 1105(a) of title 31, United States
Code, for the fiscal year following the fiscal year in which
the report is prepared, for the programs, projects, and
activities of the program and the estimated expenditures under
such programs, projects, and activities during such following
fiscal year.
(d) Partnership Program Office.--The Committee shall establish a
partnership program office for the National Ocean Partnership Program.
The Committee shall use competitive procedures in selecting an operator
for the partnership program office and supervise performance of duties
by such office. Responsibilities of the partnership program office
shall include--
(1) establishment and oversight of working groups to
identify potential themes suitable for partnership projects to
the Committee and recommendations to the Committee on such
projects;
(2) management of the process for proposing partnership
projects to the Committee, including the peer review process
for such projects;
(3) preparation and submission to the Committee of the
annual status of all partnership projects and activities of the
office;
(4) development and maintenance of a database on
investments by Federal agencies in ocean and coastal research
and education and on the status of the national ocean and
coastal workforce; and
(5) any additional duties for the administration of the
National Ocean Partnership Program or to support Committee
activities that the Committee considers appropriate.
(e) Contract and Grant Authority.--The Committee may authorize 1 or
more of the departments or agencies represented on the Committee to
enter into contracts and make grants, using funds appropriated pursuant
to an authorization for the National Ocean Partnership Program, for the
purpose of implementing the program and carrying out the
responsibilities of the National Oceans Council.
(f) Interagency Financing.--The departments and agencies
represented on the Committee are authorized to participate in
interagency financing and share, transfer, receive, and spend funds
appropriated to any member of the Committee for the purposes of
carrying out any administrative or programmatic project or activity
under the National Ocean Partnership Program, including support for a
common infrastructure and system integration for an ocean observing
system. Funds may be transferred among such departments and agencies
through an appropriate instrument that specifies the goods, services,
or space being acquired from another Committee member and the costs of
the same.
(g) Forms of Partnership Projects and Activities.--(1) A
partnership project or activity under the National Ocean Partnership
Program may be established by any instrument that the Committee
considers appropriate, including grants, memoranda of understanding,
cooperative research and development agreements, and similar
instruments.
(2) The Committee shall establish uniform proposal request and
application procedures and reporting requirements for use by each
department and agency represented on the Committee that are applicable
to all projects and activities under the National Ocean Partnership
Program.
(3) Projects under the program may include demonstration projects.
SEC. 804. OCEAN RESEARCH AND EDUCATION ADVISORY PANEL.
(a) Membership.--The Committee shall maintain an Ocean Research and
Education Advisory Panel consisting of not less than 10 and not more
than 18 members appointed by the chair, including the following:
(1) One member representing the National Academy of
Sciences.
(2) One member representing the National Academy of
Engineering.
(3) One member representing the Institute of Medicine.
(4) Members selected from among individuals representing
ocean industries, State governments, academia, nongovernmental
organizations, and such other participants in ocean and coastal
activities as the chair considers appropriate.
(5) Members selected from among individuals eminent in the
fields of marine science, marine policy, ocean engineering, or
related fields.
(6) Members selected from among individuals eminent in the
field of education.
(b) Term Limits.--Members shall be appointed for 3 years.
(c) Responsibilities.--The Advisory Panel shall advise the
Committee on the following:
(1) Development and implementation of the National Strategy
for Ocean and Coastal Science.
(2) Policies and procedures to implement the National Ocean
Partnership Program and on selection of partnership projects
and allocation of funds to implement partnership projects under
the program.
(3) Matters relating to national oceanographic data
requirements, ocean and coastal observing systems, ocean
science education and training, and oceanographic facilities
including renewal of the national academic research fleet.
(4) Any additional matters that the Committee considers
appropriate.
(d) Procedural Matters.--(1) All meetings of the Advisory Panel
shall be open to the public, except that a meeting or any portion of it
may be closed to the public if it concerns matters or information that
pertains to national security, employment matters, litigation, or other
reasons provided under section 552b of title 5, United States Code.
Interested persons shall be permitted to appear at open meetings and
present oral or written statements on the subject matter of the
meeting. The Advisory Panel may administer oaths or affirmations to any
person appearing before it.
(2) All open meetings of the Advisory Panel 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 include 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
Advisory Panel shall be available for public inspection and copying at
a single location in the partnership program office.
(4) The Federal Advisory Committee Act (5 U.S.C. App.) does not
apply to the Advisory Panel.
(e) Funding.--The chair and vice chairs of the Committee annually
shall make funds available to support the activities of the Advisory
Panel.
SEC. 805. MARINE ECOSYSTEMS RESEARCH.
(a) Ecosystem-Based Approaches.--The Administrator shall work with
the Committee to identify research efforts for improving ecosystem-
based management efforts to protect, maintain, and restore marine
ecosystem health while accommodating human use and occupancy.
(b) Marine Biodiversity Research Program.--As part of this effort,
the Administrator, in cooperation with the Office of Naval Research,
the National Science Foundation, the Department of Energy, and other
Federal agencies represented on the Committee, shall establish and
maintain a ten-year interagency research program to assess and explain
the diversity, conservation, distribution, functions, and abundance of
marine organisms in the world's oceans for the purposes of--
(1) understanding the patterns, causes, processes, and
consequences of changing marine biological diversity;
(2) improving the linkages between marine ecological and
oceanographic sciences and guiding ecosystem-based management
efforts, so as to protect, maintain, and restore marine
ecosystem health;
(3) strengthening and expanding the field of marine
taxonomy, including use of genomics and proteomics;
(4) facilitating and encouraging the use of new
technological advances, predictive models, and historical
perspectives to investigate marine biodiversity;
(5) using new understanding gained through the program to
improve predictions of the impacts of human activities on the
health of the marine environment, and of the impacts of changes
in the health of the marine environment on human well-being;
and
(6) enhancing formal and informal outreach and education
efforts through research-generated knowledge, information, and
tools.
(c) Program Elements.--The research program established under this
section shall provide for, but not be limited to, the following:
(1) Dynamic access to biological data through an ocean
biogeographic information system that links marine databases,
manages data generated by the program, and supports analysis of
biodiversity and related physical and ecological parameters.
(2) Integrated regional studies of marine ecosystems that
focus on appropriate scales to support ecosystem-based
management.
(3) Improved biological sensors for ocean observing
systems.
(4) Investment in exploration and taxonomy to study little
known areas and describe new species.
(5) Studies of earlier changes in marine populations to
trace information on biological abundance, distribution,
function, and diversity to the earliest historical periods of
minimum human impact.
(6) Improved predictive capability to enhance the
effectiveness of ecosystem-based management and minimize
adverse impacts of human activities on United States ocean
waters and ocean resources.
(d) Scientific Assessment.--The Administrator, through the
Committee, shall prepare and submit to the President and the Congress a
biennial assessment that--
(1) integrates, evaluates, and interprets the findings of
the program and discusses the scientific uncertainties
associated with such findings; and
(2) analyzes current trends in marine and coastal
ecosystems, both human-induced and natural, including marine
ecosystem health, and projects major trends for the subsequent
decade.
SEC. 806. AUTHORIZATION OF APPROPRIATIONS.
(a) Partnership Projects and Administration.--There are authorized
to be appropriated annually to the Department of the Navy, the National
Science Foundation, the National Oceanic and Atmospheric
Administration, and the National Aeronautics and Space Administration
for fiscal year 2005 through fiscal year 2010--
(1) $25,000,000 for each agency for the National Ocean
Partnership Program projects under section 803; and
(2) at least $600,000 or 3 percent of the amount
appropriated for the National Oceanographic Partnership
Program, whichever is greater, shall be available for
operations of the partnership program office established under
section 803.
(b) Marine Ecosystems Research.--For development and implementation
of the research program under section 805, there are authorized to be
appropriated $50,000,000 for each of fiscal years 2005 through 2010.
(c) Availability.--Sums appropriated under this section shall
remain available until expended.
TITLE IX--OCEAN EDUCATION
SEC. 901. SUBCOMMITTEE ON OCEAN EDUCATION.
(a) Membership.--The Committee shall establish a Subcommittee on
Ocean Education (in this title referred to as the ``Subcommittee'').
Each member of the Committee may designate a senior representative with
expertise in education to serve on the Subcommittee. The Committee
shall select a Chair and 1 or more Vice Chairs for the Subcommittee
from the membership of the Subcommittee.
(b) Responsibilities.--The Subcommittee shall--
(1) support and advise the Committee and the National
Oceans Council on matters related to ocean and coastal
education for the purpose of increasing the overall
effectiveness and productivity of Federal education and
outreach efforts;
(2) provide recommendations on education goals and
priorities for and implementation of the National Strategy for
Ocean and Coastal Science developed under section 802 and
guidance for educational investments;
(3) coordinate Federal ocean and coastal education
activities for students at all levels, including funding for
educational opportunities at the undergraduate, graduate; and
postdoctoral levels;
(4) identify and work to establish linkages among Federal
programs and those of States, academic institutions, museums
and aquaria, industry, foundations, and other nongovernmental
organizations;
(5) facilitate Federal agency efforts to work with
minority-serving institutions and historically black colleges
and universities, and also with traditionally majority-serving
institutions, to ensure that students of underrepresented
groups have access to and support for pursuing ocean-related
careers;
(6) lead development of effective strategies with common
perspectives and messages for formal and informal ocean and
coastal education efforts; and
(7) carry out such other activities as the Committee and
the National Oceans Council request.
SEC. 902. OCEAN AND COASTAL EDUCATION PROGRAM.
(a) Establishment.--Consistent with the National Strategy for Ocean
and Coastal Science, the Committee, through the Subcommittee, shall
establish an interagency ocean and coastal education program to improve
public awareness, understanding, and appreciation of the role of the
oceans in meeting our Nation's economic, social, and environmental
needs.
(b) Scope.--The ocean and coastal education program shall include
formal education activities for elementary, secondary, undergraduate,
graduate, and postdoctoral students, continuing education activities
for adults, and informal education activities for learners of all ages.
(c) Elements.--The program shall use the National Ocean Partnership
Program and other appropriate mechanisms and shall, at a minimum,
provide sustained funding for the following:
(1) A national network of centers for ocean science
education excellence to improve the acquisition of knowledge by
students at all levels.
(2) A regional education network, in coordination with the
Regional Ocean Councils, to support academic competition and
experiential learning opportunities for high school students.
(3) Teacher enrichment programs that provide for
participation in research expeditions, voyages of exploration,
and the conduct of scientific research.
(4) Development of model instructional programs for
students at all levels.
(5) Student training and support to provide diverse ocean-
related education opportunities at the undergraduate, graduate,
and postdoctoral levels.
(6) Mentoring programs and partnerships with minority-
serving institutions to ensure diversity in the ocean and
coastal workforce.
(7) Dissemination of ocean and coastal information that is
relevant for a wider public audience.
SEC. 903. OCEAN SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM.
(a) Establishment.--(1) The Committee shall establish a National
Ocean Science and Technology Scholarship Program that is designed to
recruit and prepare students for careers in the departments or agencies
that are represented on the Committee (in this section referred to as
``participating agencies''). The Program shall award scholarships to
individuals who are selected through a competitive process primarily on
the basis of academic merit, with consideration given to financial need
and the goal of promoting the participation of individuals identified
in section 33 or 34 of the Science and Engineering Equal Opportunities
Act.
(2) To carry out the Program, participating agencies shall enter
into contractual agreements with individuals selected under paragraph
(1) under which the individuals agree to serve as full-time employees
of the participating agency, for the period of time to be determined by
the participating agency, and stated in the contractual agreements, in
positions needed by the participating agency and for which the
individuals are qualified, in exchange for receiving a scholarship.
(b) Eligibility Criteria.--In order to be eligible to participate
in the Program, an individual must--
(1) be enrolled or accepted for enrollment as a full-time
student at an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965) in an
academic field or discipline described in the list made
available under subsection (c);
(2) be a United States citizen or national; and
(3) at the time of the initial scholarship award, not be an
employee of the department or agency providing the award.
(c) Program Listing.--The Committee shall make publicly available a
list of academic programs and fields of study for which scholarships
under the Program may be used, and shall update the list as necessary.
(d) Application.--An individual seeking a scholarship under this
section shall submit an application to a participating agency at such
time, in such manner, and containing such information, agreements, or
assurances as the participating agency may require.
(e) Scholarship Limits.--(1) The participating agency may provide a
scholarship under the Program for an academic year if the individual
applying for the scholarship has submitted to the participating agency,
as part of the application required under subsection (d), a proposed
academic program leading to a degree in a program or field of study on
the list made available under subsection (c).
(2) An individual may not receive a scholarship under this section
for more than 4 academic years, unless the participating agency grants
a waiver.
(3) The dollar amount of a scholarship under this section for an
academic year shall be established by regulation but shall in no case
exceed the cost of attendance as such cost is determined in section 472
of the Higher Education Act of 1965.
(4) A scholarship provided under this section may be expended for
tuition, fees, and other authorized expenses as established by
regulation.
(5) The participating agency may enter into a contractual agreement
with an institution of higher education under which the amounts
provided for a scholarship under this section for tuition, fees, and
other authorized expenses are paid directly to the institution with
respect to which the scholarship is provided.
(f) Period of Service.--(1) The period of service for which an
individual shall be obligated to serve as an employee of the
participating agency, except as provided in subsection (h)(2), shall be
determined by the participating agency as stated in subsection (a)(2).
(2)(A) Except as provided in subparagraph (B), obligated service
under paragraph (1) shall begin not later than 60 days after the
individual obtains the educational degree for which the scholarship was
provided.
(B) The participating agency may defer the obligation of an
individual to provide a period of service under paragraph (1) if the
participating agency determines that such a deferral is appropriate.
The Administrator shall prescribe the terms and conditions under which
a service obligation may be deferred through regulation.
(g) Repayment.--(1) Scholarship recipients who fail to maintain a
high level of academic standing, as defined by the participating agency
by regulation, who are dismissed from their educational institutions
for disciplinary reasons, or who voluntarily terminate academic
training before graduation from the educational program for which the
scholarship was awarded, shall be in breach of their contractual
agreement and, in lieu of any service obligation arising under such
agreement, shall be liable to the United States for repayment within 1
year after the date of default of all scholarship funds paid to them
and to the institution of higher education on their behalf under the
agreement, except as provided in subsection (h)(2). The repayment
period may be extended by the participating agency when determined to
be necessary.
(2) Scholarship recipients who, for any reason, fail to begin or
complete their service obligation after completion of academic
training, or fail to comply with the terms and conditions of deferment
established by the participating agency pursuant to subsection
(f)(2)(B), shall be in breach of their contractual agreement. When
recipients breach their agreements for the reasons stated in the
preceding sentence, the recipient shall be liable to the United States
for an amount equal to--
(A) the total amount of scholarships received by such
individual under this section; plus
(B) the interest on the amounts of such awards which would
be payable if at the time the awards were received they were
loans bearing interest at the maximum legal prevailing rate, as
determined by the Treasurer of the United States, multiplied by
3.
(h) Cancellation or Waiver.--(1) Any obligation of an individual
incurred under the Program (or a contractual agreement thereunder) for
service or payment shall be canceled upon the death of the individual.
(2) The participating agency shall by regulation provide for the
partial or total waiver or suspension of any obligation of service or
payment incurred by an individual under the Program (or a contractual
agreement thereunder) whenever compliance by the individual is
impossible or would involve extreme hardship to the individual, or if
enforcement of such obligation with respect to the individual would be
contrary to the best interests of the Government.
SEC. 904. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OFFICE OF
EDUCATION.
(a) In General.--The Administrator shall conduct, develop, support,
promote, and coordinate education activities described in section
902(b) that enhance public awareness and understanding of the science,
service, and stewardship missions of the National Oceanic and
Atmospheric Administration. In planning activities under this section,
the Administrator shall consult with the Subcommittee and build upon
the educational programs and activities of the National Sea Grant
College Program, the National Marine Sanctuary Program, the National
Oceanic and Atmospheric Administration Office of Ocean Exploration, and
the National Estuarine Research Reserve System. Authorized activities
shall include education of the general public, teachers, students at
all levels, and ocean and coastal managers and stakeholders. In
carrying out educational activities, the Administrator may enter into
grants, contracts, cooperative agreements, resource sharing agreements,
or interagency financing with Federal, State, and regional agencies,
tribes, commercial organizations, educational institutions, nonprofit
organizations, or other persons.
(b) Establishment.--As set forth in title III, the Administrator
shall establish an Office of Education to provide interagency and
intraagency coordination of the education activities of the National
Oceanic and Atmospheric Administration and to ensure full participation
in the ocean and coastal education program established under section
902. The Office of Education shall promote and provide oversight of
agency education activities as described in section 303 and shall--
(1) integrate agency science into high-quality educational
materials;
(2) improve access to National Oceanic and Atmospheric
Administration educational resources;
(3) support educator professional development programs to
improve understanding and use of agency sciences;
(4) promote participation in agency-related sciences and
careers, particularly by members of underrepresented groups;
(5) leverage partnerships to enhance formal and informal
environmental science education;
(6) build capability within the agency for educational
excellence; and
(7) create and implement effective approaches to
disseminate agency products and ocean information to the
general public.
(c) Educational Partnership Program.--The Administrator shall
establish an educational partnership with minority-serving institutions
to provide support for cooperative science centers, an environmental
entrepreneurship program, a graduate sciences program, an undergraduate
scholarship program, and other activities as required to meet program
objectives.
SEC. 905. AMENDMENT TO THE NATIONAL SEA GRANT COLLEGE PROGRAM ACT.
Section 212(a) of the National Sea Grant College Program Act (33
U.S.C. 1131(a)) is amended by adding at the end the following new
paragraph:
``(3) Marine and aquatic science education.--In addition to
the amounts authorized for each fiscal year under paragraphs
(1) and (2), there are authorized to be appropriated for marine
and aquatic science education for each of fiscal years 2005
through 2010--
``(A) $6,000,000 in increased funding for the
educational activities of sea grant programs;
``(B) $4,000,000 for competitive grants for
projects and research that target national and regional
marine and aquatic science literacy; and
``(C) $4,000,000 for competitive grants to support
educational partnerships under the ocean and coastal
education program established under section 902 of the
Oceans Conservation, Education, and National Strategy
for the 21st Century Act or other appropriate
mechanism.''.
SEC. 906. NATIONAL OCEAN AWARENESS MEDIA CAMPAIGN.
(a) Findings.--The Congress finds the following:
(1) Ninety-five percent of the deep ocean is unexplored and
unknown, and is truly the last frontier on Earth for science
and civilization.
(2) The United States has more than 95,000 miles of
coastline and more than 50 percent of the population of the
United States lives within 50 miles of the United States ocean
waters.
(3) Coastal areas are regions of remarkably high biological
productivity, are of considerable importance for a variety of
recreational and commercial activities, and provide a vital
means of transportation.
(4) The rich biodiversity of marine organisms provides
society with resources that sustain many economically important
industries including fisheries and tourism, as well as
contributing novel compounds with therapeutic potentials to the
biomedical industry.
(5) One out of six jobs in the United States is marine-
related.
(6) One-third of our Gross National Product is produced in
coastal areas, where most major cities are located.
(7) National Science Foundation surveys in 2000 showed that
while the majority (greater than 73 percent) of the United
States public holds a positive attitude toward science and
technology, that same group was only able to correctly answer
58 percent of the questions asked about basic scientific
concepts. Furthermore, only 26 percent of those surveyed
actually understand the nature of scientific inquiry.
(8) The oceans provide an exciting context in which to
teach the fundamental concepts of biology, chemistry, the
physical sciences, and mathematics in accordance with the
National Science Education Standards (NRC, 1996) and Benchmarks
for Science Literacy (AAAS, 1993).
(b) In General.--The Administrator shall conduct a national media
campaign in accordance with this section for the purpose of increasing
public awareness and interest in the oceans, through mass media
advertising.
(c) Use of Funds.--
(1) In general.--Amounts made available to carry out this
section for the media campaign may only be used for the
following:
(A) The research, development, production, and
launch of a multimedia campaign.
(B) Evaluation of the effectiveness of the
multimedia campaign.
(C) Media monitoring.
(D) Distribution (public relations and grassroots
community based outreach).
(E) Partnerships with community, civic, and
professional groups and government organizations
related to the media campaign.
(2) Specific requirements.--
(A) Evaluation of effectiveness of media
campaign.--In using amounts for the evaluation of the
effectiveness of the media campaign under paragraph
(1)(B), the Administrator shall--
(i) designate an independent entity to
evaluate annually the effectiveness of the
national media campaign based on data from--
(I) public feedback; and
(II) other relevant studies or
publications, as determined by the
Administrator, including tracking and
evaluation data collected according to
marketing and advertising industry
standards; and
(ii) ensure that the effectiveness of the
media campaign is evaluated in a manner that
enables consideration of whether the media
campaign has contributed to increasing the
ocean literacy of the public and such other
measures of evaluation as the Director
determines are appropriate.
(B) Purchase of advertising time and space.--For
each fiscal year, not less than 77 percent of the
amounts appropriated under this section shall be used
for the purchase of advertising time and space for the
media campaign.
(C) Advertising.--In carrying out this section, the
Administrator shall devote sufficient funds to the
advertising portion of the national media campaign to
meet the goals of the campaign.
(D) Prohibitions.--None of the amounts made
available to carry out this section may be obligated or
expended for any of the following:
(i) To supplant current oceans community-
based coalitions.
(ii) To supplant pro bono public service
time donated by national and local broadcasting
networks for other public service campaigns.
(iii) For partisan political purposes, or
express advocacy in support of or to defeat any
clearly identified candidate, clearly
identified ballot initiative, or clearly
identified legislative or regulatory proposal.
(iv) To fund advertising that features any
elected officials, persons seeking elected
office, cabinet level officials, or other
Federal officials employed pursuant to section
213 of schedule C of title 5, Code of Federal
Regulations.
(v) To fund advertising that does not
contain a primary message intended to increase
awareness and promote the protection,
maintenance, and restoration of marine
ecosystem health.
(vi) To fund advertising containing a
primary message intended to promote support for
the media campaign or private sector
contributions to the media campaign.
(E) Financial and performance accountability.--The
Administrator shall cause to be performed--
(i) audits and reviews of costs of the
media campaign pursuant to section 304C of the
Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 254d); and
(ii) an audit of the cost of the media
campaign described in section 306 of such Act
(41 U.S.C. 256).
(F) Strategic guidance and donations.--The National
Marine Sanctuary Foundation shall serve as the primary
outside strategic advisor to the media campaign and be
responsible for coordinating donations of creative and
other services to the campaign, except with respect to
advertising created using funds as permitted in this
subsection. The Administrator shall inform the National
Marine Sanctuary Foundation of the strategic goals of
the campaign and consider advice from the National
Marine Sanctuary Foundation on media campaign strategy.
(G) Report to congress.--The Administrator shall
submit on an annual basis a report to Congress that
describes--
(i) the strategy of the media campaign and
whether specific objectives of the media
campaign were accomplished;
(ii) steps taken to ensure that the media
campaign operates in an effective and efficient
manner consistent with the overall strategy and
focus of the media campaign;
(iii) plans to purchase advertising time
and space;
(iv) policies and practices implemented to
ensure that Federal funds are used responsibly
to purchase advertising time and space and
eliminate the potential for waste, fraud, and
abuse; and
(v) all contracts entered into with a
corporation, partnership, or individual working
on behalf of the media campaign.
(3) National marine sanctuary resources.--In conducting
advertising and activities otherwise authorized under this
section, the Administrator shall explore opportunities to
emphasize the preservation of coral reefs and other national
marine sanctuary resources.
SEC. 907. AUTHORIZATION OF APPROPRIATIONS.
(a) National Ocean and Coastal Education Program.--In addition to
the amounts authorized annually to the Department of the Navy, the
National Science Foundation, the National Oceanic and Atmospheric
Administration, and the National Aeronautics and Space Administration
for fiscal year 2005 through fiscal year 2010, $25,000,000 is
authorized to be appropriated for each agency for the ocean and coastal
education program under section 902.
(b) Scholarship Program.--Of the amounts authorized annually to the
Department of the Navy, the National Science Foundation, the National
Oceanic and Atmospheric Administration, and the National Aeronautics
and Space Administration for fiscal year 2005 through fiscal year 2010,
$15,000,000 shall be available for National Ocean Science and
Technology Scholarships under section 903.
(c) National Oceanic and Atmospheric Administration.--(1) In
addition to the amounts authorized under subsections (a) and (b) and
under the National Sea Grant College Program Act, there is authorized
to be appropriated to the Administrator $25,000,000 for each of fiscal
years 2005 through 2010 for education activities under section 904(b).
(2) There is authorized to be appropriated to the Administrator
$15,000,000 for each of fiscal years 2005 through 2010 for education
activities under section 904(c).
(d) National Ocean Awareness Media Campaign.--Of the amounts
authorized annually to the National Oceanic and Atmospheric
Administration, there is authorized to be appropriated to carry out
section 906, $2,000,000 for each of fiscal years 2005 through 2007.
(e) Availability.--Sums appropriated under this section shall
remain available until expended.
TITLE X--OCEAN EXPLORATION
SEC. 1001. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OFFICE OF
OCEAN EXPLORATION.
(a) In General.--The Administrator shall--
(1) conduct, develop, support, promote, and coordinate
ocean exploration activities under this section;
(2) support expeditions, exploration projects, and related
field campaigns for the purpose of discovery and documentation
of ocean voyages; and
(3) enhance public awareness and understanding of the
science and stewardship missions of the National Oceanic and
Atmospheric Administration.
(b) Planning and Execution.--In planning activities under this
title, the Administrator shall consult with the Subcommittee
established under section 1002. In carrying out exploration activities,
the Administrator may enter into grants, contracts, cooperative
agreements, resource sharing agreements, or interagency financing with
Federal, State, and regional agencies, tribes, commercial
organizations, educational institutions, nonprofit organizations, or
other persons.
(c) Establishment.--The Administrator shall establish an Office of
Ocean Exploration within the Ocean and Atmospheric Research and Data
Services Office to provide interagency and intraagency coordination of
the ocean exploration activities of the National Oceanic and
Atmospheric Administration and to ensure full participation in the
Subcommittee established under section 1002. The Office of Ocean
Exploration shall--
(1) lead and coordinate efforts in ocean discovery;
(2) explore and inventory the living and nonliving
resources of the oceans under jurisdiction of the United
States, and throughout the world's oceans;
(3) support and promote interdisciplinary approaches to
ocean investigations;
(4) engage in education and outreach to increase public
awareness and understanding of the oceans, in coordination with
the Office of Education;
(5) provide new resources and facilities for access by
researchers;
(6) provide a multidisciplinary archive of ocean data to
serve as a source of basic data upon which to develop
hypotheses for further investigation and to capitalize on the
wide array of available data;
(7) create and implement effective approaches to
disseminate agency products and ocean information to the
general public;
(8) identify areas that are infrequently explored;
(9) develop ocean and coastal mapping strategies that
identify priority coastal and ocean mapping needs, and cost
effective strategies to map those priority areas;
(10) map the physical, biological, chemical, and
archaeological aspects of the ocean;
(11) develop sensors and systems to promote United States
leadership in ocean technology; and
(12) conduct hypothesis-driven science to understand deep
ocean ecosystem patterns, processes, and mechanisms.
SEC. 1002. SUBCOMMITTEE ON OCEAN EXPLORATION.
(a) Membership.--The Committee shall establish a Subcommittee on
Ocean Exploration. Each member of the Committee may designate a senior
representative with expertise in ocean exploration to serve on the
Subcommittee. The Committee shall select a Chair and 1 or more Vice
Chairs for the Subcommittee from the membership of the Subcommittee.
(b) Responsibilities.--The Subcommittee shall--
(1) support and advise the Committee, the National Oceans
Council, and the National Oceanic and Atmospheric
Administration Office of Ocean Exploration on matters related
to ocean exploration for the purpose of increasing the overall
effectiveness and productivity of Federal ocean exploration
efforts;
(2) provide recommendations on ocean exploration goals and
priorities for and implementation of the National Strategy for
Ocean and Coastal Science developed under section 802 and
guidance for ocean exploration investments;
(3) coordinate with the Subcommittee on Ocean Education to
provide for ocean exploration funding and educational
opportunities for students at all levels including
undergraduate, graduate, and postdoctoral levels;
(4) identify and work to establish linkages among Federal
programs and those of States, academic institutions, museums
and aquaria, industry, foundations, and other nongovernmental
organizations;
(5) coordinate with the National Oceanic and Atmospheric
Administration Office of Ocean Exploration and other Federal
agency efforts to work with minority-serving institutions and
historically black colleges and universities, and also with
traditionally majority-serving institutions, to ensure that
students of underrepresented groups have access to ocean
exploration educational opportunities;
(6) lead development of effective strategies with common
perspectives and messages for formal and informal ocean
exploration efforts; and
(7) carry out such other activities as the Committee and
the National Oceans Council request.
SEC. 1003. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Oceanic and
Atmospheric Administration to carry out this title--
(1) $70,000,000 for each of fiscal years 2005 through 2010;
and
(2) $80,000,000 for each of fiscal years 2011 through 2016.
TITLE XI--OCEAN AND GREAT LAKES CONSERVATION TRUST FUND
SEC. 1101. ESTABLISHMENT OF FUND.
(a) Establishment of Fund.--There is established in the Treasury of
the United States a fund which shall be known as the ``Ocean and Great
Lakes Conservation Trust Fund'', in this title referred to as the
``Fund''. In each fiscal year after fiscal year 2004, the Secretary of
the Treasury shall deposit into the Fund the following amounts:
(1) OCS revenues.-- An amount in each such fiscal year from
qualified Outer Continental Shelf revenues equal to the
difference between $1,300,000,000 and the amounts deposited in
the Fund under paragraphs (2) and (3), notwithstanding section
9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338).
(2) Amounts not disbursed.--All allocated but undisbursed
amounts returned to the Fund under section 1106(a)(2).
(3) Interest.--All interest earned under subsection (d).
(b) Transfer for Expenditure.--The Secretary of the Treasury shall
transfer amounts deposited into the Fund as follows:
(1) To the Administrator of the National Oceanic and
Atmospheric Administration for purposes of making payments to
coastal states only for carrying out their responsibilities for
developing and implementing Regional Ocean Ecosystem Plans
under title VII--
(A) $350,000,000 for fiscal year 2005;
(B) $700,000,000 for fiscal year 2006; and
(C) $1,000,000,000 for fiscal year 2007 and each
fiscal year thereafter.
(2) To the Administrator for allocation, with concurrence
of the National Oceans Council, only for carrying out
responsibilities of the Federal Government for development and
implementation of Regional Ocean Ecosystem Plans required under
title VII--
(A) $50,000,000 for fiscal year 2005;
(B) $100,000,000 for fiscal year 2006; and
(C) $300,000,000 for fiscal year 2007 and each
fiscal year thereafter.
(c) Shortfall.--If amounts referred to in paragraphs (1) through
(3) of subsection (a) in any fiscal year after fiscal year 2004 are
less than $1,300,000,000, the amounts transferred under paragraphs (1)
and (2) of subsection (b) for that fiscal year shall each be reduced
proportionately.
(d) Interest.--The Secretary of the Treasury shall invest moneys in
the Fund (including interest), and in any fund or account to which
moneys are transferred pursuant to subsection (b) of this section, in
public debt securities with maturities suitable to the needs of the
Fund, as determined by the Secretary of the Treasury, and bearing
interest at rates determined by the Secretary of the Treasury, taking
into consideration current market yields on outstanding marketable
obligations of the United States of comparable maturity. Such invested
moneys shall remain invested until needed to meet requirements for
disbursement for the programs financed under this Act.
(e) Refunds.--In those instances in which through judicial
decision, administrative review, arbitration, or other means there are
royalty refunds owed to entities generating revenues under this title,
refunds shall be paid by the Secretary of the Treasury from amounts
available in the Fund to the extent that such refunds are attributable
to qualified Outer Continental Shelf revenues deposited in the Fund
under this Act.
(f) Intent of Congress to Supplement Annual Appropriations for
Federal Agencies.--Amounts made available by this Act are intended by
the Congress to supplement, and not detract from, annual appropriations
for Federal agencies receiving funding under this title.
SEC. 1102. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR ADMINISTRATION.
Notwithstanding any other provision of law, of amounts made
available by this title (including the amendments made by this title)
for a particular activity, not more than 2 percent may be used for
administrative expenses of that activity.
SEC. 1103. RECORDKEEPING REQUIREMENTS.
The Administrator, in consultation with the National Oceans
Council, shall establish such rules regarding recordkeeping by State
and local governments and the auditing of expenditures made by State
and local governments from funds made available under this Act as may
be necessary. Such rules shall be in addition to other requirements
established regarding recordkeeping and the auditing of such
expenditures under other authority of law.
SEC. 1104. MAINTENANCE OF EFFORT AND MATCHING FUNDING.
(a) In General.--It is the intent of the Congress in this Act that
States not use this Act as an opportunity to reduce State or local
resources for the programs funded by this Act. Except as provided in
subsection (b), no State or local government shall receive any funds
under this Act during any fiscal year in which its expenditures of non-
Federal funds for recurrent expenditures for programs for which funding
is provided under this Act will be less than its expenditures were for
such programs during the preceding fiscal year. No State or local
government shall receive funding under this Act with respect to a
program unless the Administrator is satisfied that such a grant will be
so used to supplement and, to the extent practicable, increase the
level of State, local, or other non-Federal funds available for such
program.
(b) Exception.--The Administrator may provide funding under this
Act to a State or local government not meeting the requirements of
subsection (a) if the Administrator determines that a reduction in
expenditures--
(1) is attributable to a nonselective reduction in
expenditures for the programs of all executive branch agencies
of the State or local government; or
(2) is a result of reductions in State or local revenue as
a result of a downturn in the economy.
(c) Use of Fund to Meet Matching Requirements.--All funds received
by a State or local government under this Act shall be treated as
Federal funds for purposes of compliance with any provision in effect
under any other law requiring that non-Federal funds be used to provide
a portion of the funding for any program or project.
SEC. 1105. SUNSET.
This title shall have no force or effect after September 30, 2024.
SEC. 1106. COMMUNITY ASSISTANCE FORMULA AND PAYMENTS.
(a) Conservation Payments to Coastal States.--
(1) Grant program.--Amounts transferred to the
Administrator from the Fund under section 1101(b)(1) for
purposes of making payments to coastal States under this title
in any fiscal year shall be allocated by the Administrator
among coastal States as provided in this section each such
fiscal year. In each such fiscal year, the Administrator shall,
without further appropriation, disburse such allocated funds to
those coastal States for which the Administrator has approved a
spending plan under section 1107 and that have met all other
requirements of this title. Payments for all projects shall be
made by the Administrator to the Governor of the State or to
the State official or agency designated by the Governor or by
State law as having authority and responsibility to accept and
to administer funds paid hereunder. No payment shall be made to
any State until the State has agreed to provide such reports to
the Administrator, in such form and containing such
information, as may be reasonably necessary to enable the
Administrator to perform the duties of the Administrator under
this title, and provide such fiscal control and fund accounting
procedures as may be necessary to assure proper disbursement
and accounting for Federal revenues paid to the State under
this title.
(2) Failure to make sufficient progress at developing or
implementing a regional ocean ecosystem plan.--At the end of
each fiscal year, the Administrator shall return to the Fund
any amount that the Administrator allocated, but did not
disburse, in that fiscal year to a coastal State that, in the
judgment of the Administrator, has failed to make sufficient
progress in developing or implementing a Regional Ocean
Ecosystem Plan under title VII before the end of the fiscal
year in which such grant is allocated, except that the
Administrator shall hold in escrow until the final resolution
of the appeal any amount allocated, but not disbursed, to a
coastal State that has appealed the disapproval of such
funding.
(b) Allocation Among Coastal States.--
(1) Allocable share for each state.--For each coastal
State, the Administrator shall determine the State's allocable
share of the total amount transferred from the Fund under
section 1101(b)(1) for each fiscal year using the following
weighted formula:
(A) Thirty-five percent of such amount shall be
allocated to each coastal State based on the ratio of
each State's shoreline miles to the shoreline miles of
all coastal States.
(B) Sixty-five percent of such amount shall be
allocated to each coastal State based on the ratio of
each State's coastal population to the coastal
population of all coastal States.
(2) Minimum state share.--
(A) In general.--The allocable share determined by
the Administrator under this subsection for each
coastal State with a management program approved by the
Secretary of Commerce under the Coastal Zone Management
Act of 1972 (16 U.S.C. 1451 et seq.), or that is making
satisfactory progress toward one, shall not be less in
any fiscal year than 0.50 percent of the total amount
transferred by the Secretary of the Treasury to the
Administrator for that fiscal year under section
1101(b)(1). For any other coastal State the allocable
share shall not be less than 0.25 percent of such
transferred amount.
(B) Recomputation.--If 1 or more coastal States'
allocable shares, as computed under paragraphs (1) and
(2), are increased by any amount under this paragraph,
the allocable share for all other coastal States shall
be recomputed and reduced by the same amount so that
not more than 100 percent of the amount transferred by
the Secretary of the Treasury to the Administrator for
that fiscal year under section 1101(b)(1) is allocated
to all coastal States. The reduction shall be divided
pro rata among such other coastal States.
(c) Payments to Political Subdivisions.--In the case of a coastal
State, the Governor of the State shall pay 50 percent of the State's
allocable share, as determined under subsection (b), to the coastal
political subdivisions in such State. Such payments shall be allocated
among such coastal political subdivisions of the State according to an
allocation formula that is based on the coastal population density of
each coastal political subdivision.
(d) Time of Payment.--Payments to coastal States and coastal
political subdivisions under this section shall be made not later than
December 31 of each year from revenues received during the immediately
preceding fiscal year.
SEC. 1107. APPROVAL OF STATE FUNDING AND SPENDING PLANS.
(a) Development and Submission of Regional Ocean Ecosystem Plans.--
Each coastal State seeking to receive grants under this title shall
participate in the development and implementation of Regional Ocean
Ecosystem Plans required under title VII.
(b) Submission of Spending Plan.--Each coastal State seeking
funding under this title shall submit annually to the Administrator a
spending plan for funds provided under this title. Such spending plan
shall describe how the funds provided under this title will be used by
the State to implement the State's responsibilities and obligations in
developing and implementing a Regional Ocean Ecosystem Plan.
(c) Approval or Disapproval.--
(1) Requirements.--A coastal State shall receive funding
under this title if, in consultation with the National Oceans
Council, the Administrator--
(A) certifies that such coastal State is
participating actively and sufficiently in the
development and implementation of a Regional Ocean
Ecosystem Plan under title VII;
(B) approves a spending plan submitted by such
State that specifies how funds provided under this
title will be used to meet the State's obligations and
responsibilities in developing and implementing a
Regional Ocean Ecosystem Plan under title VII; and
(C) ensures any payments under this subsection to
political subdivisions are consistent under title VII.
(2) Contents of plans.--In addition to such other
requirements as the Administrator by regulation shall
prescribe, each State spending plan shall include the
following:
(A) The name of the State agency that will have the
authority to represent and act for the State in dealing
with the Administrator for purposes of this title.
(B) A description of how funds provided under this
title will be used to meet the State's responsibilities
to develop and implement the applicable Regional Ocean
Ecosystem Plan.
(C) A description of how the State will evaluate
the effectiveness of its efforts to implement a
Regional Ocean Ecosystem Plan.
(D) Certification by the Governor of the State that
ample opportunity has been accorded for public
participation in the development and revision of the
plan.
(E) Measures for taking into account other relevant
Federal resources and programs.
(3) Procedure and timing; revisions.--The Administrator
shall approve or disapprove each spending plan submitted in
accordance with this section. If a State first submits a plan
by not later than 90 days before the beginning of the first
fiscal year to which the plan applies, the Administrator shall
approve or disapprove the plan by not later than 30 days before
the beginning of that fiscal year.
(4) Amendment or revision.--Any amendment to or revision of
the plan shall be prepared in accordance with the requirements
of this subsection and shall be submitted to the Administrator
for approval or disapproval. Any such amendment or revision
shall take effect only for fiscal years after the fiscal year
in which the amendment or revision is approved by the
Administrator.
(5) Public comment.--Before approving or disapproving a
spending plan of a State, amendment, or revision to a plan, the
Administrator shall provide for public comment on the State's
proposed expenditures for the forthcoming year.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Resources, and in addition to the Committee on Science, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Resources, and in addition to the Committee on Science, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Resources, and in addition to the Committee on Science, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Fisheries Conservation, Wildlife and Oceans.
Executive Comment Requested from Commerce.
Referred to the Subcommittee on Environment, Technology, and Standards.
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