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.
Reestablishes 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 (Administrator). Directs the President to submit to Congress recommendations on, and a plan and proposed schedule for, the transfer of oceanic or atmospheric programs, functions, services, and associated resources to NOAA from other federal agencies.
Establishes: (1) a National Oceans Advisor; (2) a Committee on Ocean Policy; and (3) the Council of Advisors on Oceans Policy.
Designates certain ocean regions for ecosystem-based management. Establishes a Regional Ocean Partnership for each designated ocean region. Requires each Partnership to prepare a Regional Ocean Strategic Plan for each ocean region.
Establishes a Committee on Ocean Science, Education, and Operations (OSEO Committee). Directs the Chair of the Committee on Ocean Policy 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 Marine Scholarship Program; and (4) a NOAA Office of Education.
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 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2939 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2939
To establish a national policy for our oceans, to strengthen the
National Oceanic and Atmospheric Administration, to establish a
Committee on Ocean Policy, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 16, 2005
Mr. Weldon of Pennsylvania (for himself, Mr. Farr, Mr. Allen, and Mr.
Saxton) 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
Committee on Ocean Policy, 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
Subtitle A--National Oceans Policy
Sec. 101. National oceans policy.
Subtitle B--National Standards
Sec. 111. National standards.
Sec. 112. Determination of compliance with national oceans policy and
national standards.
Sec. 113. Implementation.
Sec. 114. Stricter standards.
Sec. 115. Citizen suits.
TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Sec. 201. Existence in Department of Commerce; mission.
Sec. 202. Administrator; functions.
Sec. 203. Other officers.
Sec. 204. Qualifications of Administration officers.
Sec. 205. National Oceanic and Atmospheric Administration Regional
Offices.
Sec. 206. Transfer of marine mammals management functions to the
Administrator.
Sec. 207. Science Advisory Board.
Sec. 208. Report on recommendations for reorganization of Federal
programs.
TITLE III--OCEAN LEADERSHIP AND COORDINATION
Subtitle A--National Oceans Advisor
Sec. 301. Executive Advisor; mission.
Sec. 302. Staffing.
Subtitle B--Committee on Ocean Policy
Sec. 311. Establishment of Committee; mission.
Sec. 312. Chair; membership; functions.
Sec. 313. Establishing a coordinated management regime for activities
in federal waters.
Subtitle C--Council of Advisors on Oceans Policy
Sec. 321. Establishment of Council.
Sec. 322. Duties.
Sec. 323. Membership.
Sec. 324. Meetings.
TITLE IV--REGIONAL COORDINATION AND PLANNING
Sec. 401. Findings.
Sec. 402. Regional Ocean Partnerships.
Sec. 403. Regional Ocean Strategic Plans.
Sec. 404. National Academy of Sciences study of regional oceans
governance.
Sec. 405. Regulations.
Sec. 406. Other authority.
Sec. 407. Ocean ecosystem resource information systems.
Sec. 408. Authorization of appropriations.
TITLE V--OCEAN SCIENCE, EXPLORATION, AND RESEARCH COORDINATION
Sec. 501. Committee on Ocean Science, Education, and Operations.
Sec. 502. National Strategy for Ocean and Coastal Science.
Sec. 503. National Ocean Partnership Program.
Sec. 504. Ocean Research and Education Advisory Panel.
Sec. 505. Marine ecosystems research.
Sec. 506. Authorization of appropriations.
TITLE VI--OCEAN EDUCATION
Sec. 601. Subcommittee on Ocean Education.
Sec. 602. Ocean and coastal education program.
Sec. 603. National Marine Scholarship Program.
Sec. 604. National Oceanic and Atmospheric Administration Office of
Education.
Sec. 605. Amendment to the National Sea Grant College Program Act.
Sec. 606. Authorization of appropriations.
TITLE VII--OCEAN EXPLORATION
Sec. 701. National Oceanic and Atmospheric Administration Office of
Ocean Exploration.
Sec. 702. Subcommittee on Ocean Exploration.
Sec. 703. Authorization of appropriations.
TITLE VIII--OCEAN AND GREAT LAKES CONSERVATION TRUST FUND
Sec. 801. Establishment of Fund.
Sec. 802. Limitation on use of available amounts for administration.
Sec. 803. Recordkeeping requirements.
Sec. 804. Maintenance of effort and matching funding.
Sec. 805. Community assistance formula and payments.
Sec. 806. Approval of State funding and spending plans.
Sec. 807. Special postage stamp.
Sec. 808. Sunset.
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) Knowledge of the world's oceans is critically important
to the operations of the United States Armed Forces,
particularly the Navy and Coast Guard operations, and therefore
to the national security of the United States.
(5) Marine, terrestrial, and atmospheric systems are
interdependent, requiring that policy, information transfer,
and the management of human activities be coordinated across
systems.
(6) Healthy and productive coastal and marine ecosystems
are the keys to securing the full range of benefits from ocean
resources, including important economic uses such as productive
fisheries, for the people of the United States.
(7) 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;
(F) bycatch; and
(G) invasive species.
(8) These threats are exacerbated by the legal and
geographic fragmentation of authority over ocean space and
ocean resources.
(9) Activities harming coastal and marine ecosystems
jeopardize the economies and social structure of coastal
communities dependent on these resources.
(10) Healthy marine ecosystems provide more goods and
services, such as seafood and tourism opportunities, than
degraded marine ecosystems.
(11) 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.
(12) 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
ecological, 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;
(6) promoting ecologically sustainable ocean resource use
and management by strengthening and empowering ocean
governance; and
(7) enhancing responsible ocean stewardship.
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 201.
(4) Advisor.--The term ``Advisor'' means the National
Oceans Advisor appointed under section 301.
(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 one human
generation to the next, so as not to deny future generations
the goods and services that healthy marine ecosystems provide.
(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 integrated approach to management
that--
(A) considers the entire ecosystem, including
humans;
(B) has as its goal the maintenance of ecosystems
in a healthy, productive, and resilient condition so
that they can provide the services humans want and
need;
(C) accounts for the interactions among species,
activities, and sectors of management;
(D) considers the cumulative impacts of different
sectors;
(E) emphasizes the protection of ecosystem
structure, functioning, and key processes;
(F) is place-based in focusing on a specific
ecosystem and the range of activities affecting it;
(G) explicitly accounts for the interconnectedness
within systems, recognizing the importance of
interactions between many target species or key
services and other nontarget species;
(H) acknowledges interconnectedness among systems,
such as between air, land, and sea; and
(I) integrates ecological, social, economic, and
institutional perspectives, recognizing their strong
interdependences.
(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'' means being located in
the coastal zone as defined in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453).
(14) Marine.--The term ``marine'' includes of or relating
to United States ocean waters.
(15) Regional ocean partnerships.--The term ``Regional
Ocean Partnerships'' means such a council established by the
Administrator under section 402.
(16) Ocean region.--The term ``ocean region'' means such a
region designated under section 402(f).
(17) 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 one 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.
(18) 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)).
(19) 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.).
(20) Ocean stewardship.--The term ``ocean stewardship''
means the careful and responsible management of coastal and
ocean resources by current generations such that it ensures
future generations can obtain the full range of benefits from
those resources.
TITLE I--CONGRESSIONAL DECLARATION OF NATIONAL OCEANS POLICY
Subtitle A--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 ecological, economic,
educational, social, cultural, nutritional, recreational, 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 the health 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
and participation among all stakeholders;
(10) provide accountability; and
(11) foster responsible stewardship of the oceans.
Subtitle B--National Standards
SEC. 111. 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 Committee on Ocean
Policy, 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. 112. DETERMINATION OF COMPLIANCE WITH NATIONAL OCEANS POLICY AND
NATIONAL STANDARDS.
(a) Requirement.--Any determination of whether a covered action
complies with section 111 shall be made in accordance with regulations
issued under section 111.
(b) Guidance.--Within 12 months after the date of the enactment of
this Act, the Administrator, in consultation with the Committee on
Ocean Policy, shall issue detailed guidance regarding the application
of the national standards under section 111. The guidance shall
address--
(1) assessing and monitoring the health of marine
ecosystems;
(2) how to apply the definition of ``marine ecosystem
health'', 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) conducting 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.
(c) National Research Council.--To assist the Administrator in
issuing guidance under subsection (b), 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. 113. IMPLEMENTATION.
(a) Compliance Review.--In conducting an environmental review
authorized under the National Environmental Policy Act of 1969 of a
proposed covered action, 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.
(b) Written Opinion.--The Administrator, after considering any
findings of the Regional Administrator concerned, shall prepare a
written opinion as to whether the proposed covered action is in
compliance with the policies, and national standards.
(c) Changes or Alternatives.--If the Administrator's written
opinion states that a proposed covered action is not in compliance with
the policies, or national standards 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) Ensuring Compliance.--The head of each Federal agency and
department shall ensure that all covered actions of such agency or
department comply with the policy and national standards set forth in
sections 101 and 111.
SEC. 114. 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
stricter 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 the national standards
under section 111 of this Act. In the case of a conflicting standard,
requirement, or restriction, the stricter standard, requirement, or
restriction shall be followed.
SEC. 115. 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; or
(2) 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 II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
SEC. 201. 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 nonmilitary 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 ecological, economic, educational, social,
cultural, nutritional, recreational, and other 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) the Office of Marine and Aviation Operations.
SEC. 202. 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. The term of office
of any individual appointed after the date of enactment of this
Act to serve as Administrator is 5 years.
(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 201(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, universities, research
institutions, 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;
(8) may prescribe external affairs, including legal,
legislative, and public affairs;
(9) shall be subject to the policy direction of the
Secretary of Commerce, but otherwise shall retain
responsibility for decisions regarding the management and
administration of the operations of the Administration and
shall exercise independent control of its budget allocation,
formulation, and expenditures, personnel decisions and
processes, procurement, and other administrative and management
functions in accordance with this title and other applicable
provisions of law; and
(10) shall submit annual budget requests for the
Administration to the Director of the Office of Management and
Budget, who shall provide for examination of the budget and
programs of the Administration within natural resource
programs.
(c) Coordination With Non-Federal Entities.--With respect to the
duties of the Administration under section 201(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 ecological, economic,
educational, social, cultural, nutritional, 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 201(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. 203. 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) regional coordination and planning;
(iii) watershed monitoring;
(iv) coral reefs;
(v) harmful algal blooms;
(vi) hypoxia;
(vii) response and restoration;
(viii) fisheries research and management;
(ix) protected resources research and
management;
(x) habitat conservation research and
management;
(xi) enforcement and surveillance services;
(xii) marine and estuarine aquaculture;
(xiii) coastal and estuarine land
conservation and restoration;
(xiv) sanctuaries and marine protected
areas;
(xv) invasive species; and
(xvi) 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 701;
(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 national-
level 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 604.
(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. 204. 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. 205. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION REGIONAL
OFFICES.
(a) Establishment.--The Administrator shall, by not later than 1
year after the date of the enactment of this Act--
(1) establish for each ocean region designated under
section 402 a National Oceanic and Atmospheric Administration
Regional Office, which shall be relatively centrally located in
the coastal area of the ocean region; and
(2) appoint a Regional Administrator of the National
Oceanic and Atmospheric Administration for that region.
(b) Functions of Regional Administrators.--A Regional Administrator
appointed under paragraph (1) for an ocean region shall--
(1) be the head of the National Oceanic and Atmospheric
Administration Regional Office established for that region;
(2) be responsible for implementation of this Act with
respect to that ocean region;
(3) provide a written opinion to the Administrator on the
consistency of proposed covered actions;
(4) support coordination and information transfer between
Regional Oceans Partnerships and agencies and groups at the
international, Federal, State, tribal, territorial, local, and
other levels;
(5) conduct other tasks as considered necessary by the
Administrator to fulfill the mission of the Administration; and
(6) report directly to the Administrator on matters
relating to regional implementation of this Act.
(c) 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. 206. 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. 207. 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. 208. REPORT ON RECOMMENDATIONS FOR REORGANIZATION OF FEDERAL
PROGRAMS.
The President, in consultation with the Committee on Ocean Policy,
shall submit to the Congress by not later than 2 years after the date
of the enactment of this Act recommendations on, and a plan and
proposed schedule for--
(1) the transfer of relevant oceanic or atmospheric
programs, functions, services, and associated resources to the
National Oceanic and Atmospheric Administration from any other
Federal agency;
(2) consolidation or elimination of oceanic or atmospheric
programs, functions, services, or resources within or among
Federal agencies, if their consolidation or elimination would
not undermine policy goals set forth in this Act; and
(3) reorganization, including establishment of the
Administration as an independent agency, elevation of the
Administration to departmental status, or the establishment of
a new department that would provide increased national
attention and resources to oceanic and atmospheric needs and
priorities and promote an integrated ecosystem and watershed-
based approach.
TITLE III--OCEAN LEADERSHIP AND COORDINATION
Subtitle A--National Oceans Advisor
SEC. 301. 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 Committee on Ocean Policy, section 311, and
other covered actions relating to United States ocean waters
and marine ecosystem health;
(2) serve as the Executive Director of the Committee on
Ocean Policy established by section 311; and
(3) in consultation with the Administrator, coordinate
Federal agency covered actions related to United States ocean
waters and marine ecosystem health.
SEC. 302. 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.
Subtitle B--Committee on Ocean Policy
SEC. 311. ESTABLISHMENT OF COMMITTEE; MISSION.
(a) Establishment.--There is established in the Executive Office of
the President a Committee on Ocean Policy (in this subtitle referred to
as the ``Committee''), which succeeds the Committee on Ocean Policy
established on December 17, 2004, by Executive Order 13366 and shall
continue the activities of that committee as it was in existence on the
day before the date of enactment of this Act.
(b) Duties.--The Committee 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;
(5) submit to the President and publish at least once every
2 years a report on the condition of United States ocean
waters; and
(6) obtain and provide information to facilitate and
advance ecosystem-based management of Regional Ocean
Partnerships in accordance with title IV.
(c) Resources.--In carrying out its functions under this Act, the
Committee 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
Committee 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 Committee, upon request of the
Committee.
SEC. 312. CHAIR; MEMBERSHIP; FUNCTIONS.
(a) Chair.--The Secretary of Commerce shall be the Chair of the
Committee.
(b) Membership.--
(1) In general.--The Committee shall have 20 voting
members, as follows:
(A) The Secretary of Commerce.
(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.
(Q) The Chair of the Council on Environmental
Quality.
(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)(N) to a
term on the Committee that begins before the end of the
3-year period that begins upon the expiration of a
prior term on the Committee 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 Committee.
SEC. 313. ESTABLISHING A COORDINATED MANAGEMENT REGIME FOR ACTIVITIES
IN FEDERAL WATERS.
The Committee shall submit to the Congress by not later than 2
years after the date of the enactment of this Act recommendations on,
and a plan and proposed schedule for creating, a balanced, ecosystem-
based management regime for activities in Federal waters that--
(1) considers the use of ocean zoning and cumulative
impacts of multiple uses;
(2) designates a lead Federal agency for each existing
activity and new activity in Federal waters;
(3) ensures that each such lead Federal agency coordinates
with other applicable authorities, including States and
Regional Ocean Partnerships established under title IV of this
Act;
(4) fully considers the public interest; and
(5) establishes a set of guiding principles for new
activities in Federal waters that ensures the health of marine
ecosystems.
Subtitle C--Council of Advisors on Oceans Policy
SEC. 321. ESTABLISHMENT OF COUNCIL.
There is established the Council of Advisors on Oceans Policy (in
this subtitle referred to as the ``Council'').
SEC. 322. DUTIES.
The Council shall advise the President, the National Oceans
Advisor, and the Committee on Ocean Policy on policies to protect,
maintain, and restore the health of marine ecosystems on a regional and
national basis.
SEC. 323. 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) Nonfishing 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) Nongovernmental 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. 324. MEETINGS.
The Council shall meet at least 2 times each year and more often at
the President's discretion.
TITLE IV--REGIONAL COORDINATION AND PLANNING
SEC. 401. FINDINGS.
The Congress finds the following:
(1) Recent reports by the Commission on Ocean Policy and
the Pew Oceans Commission call for a more comprehensive and
integrated ecosystem-based management approach to address
current and future ocean and coastal challenges.
(2) Establishing a national network of governance planning
bodies at the regional level is essential for solving many
pressing United States ocean and coastal issues.
(3) Several States and regions have developed ocean
management strategies that can be used as templates for
coordinating among various government entities. A new national
framework is needed to extend, integrate, and support these
efforts.
(4) Large marine ecosystems are biogeographically distinct
ecosystem units and provide an appropriate spatial scale for
ecosystem-based regional ocean governance.
(5) Because ecosystems do not align with political
jurisdictions, regional ocean governance mechanisms must
provide for cooperation and collaboration within and among
multiple levels of government, including local, State, tribal,
and Federal governments.
(6) Effective regional ocean governance requires
transparency and must include ample opportunities for input and
participation by stakeholders and the public.
(7) Additional funding and other resources are necessary to
promote regional coordination and collaboration and to
implement regional solutions to current and future ocean and
coastal management challenges.
SEC. 402. REGIONAL OCEAN PARTNERSHIPS.
(a) In General.--Within one year after the date of the enactment of
this Act, the Administrator and appropriate States, in consultation
with the Committee on Ocean Policy, shall establish a Regional Ocean
Partnership for each of the ocean regions established by this section
in order to--
(1) provide for more systematic communication,
collaboration, and integration of Federal and State coastal and
ocean environmental and resource management efforts;
(2) provide for regional ecosystem assessment and
information programs to guide management decisions;
(3) create a strategic plan for and implement adaptive,
ecosystem-based management of coastal and ocean resources
within ocean regions, building on and complementing local,
State, and regional efforts; and
(4) encourage improved citizen and community stewardship of
coastal and ocean resources.
(b) Guiding Principles.--The guiding principles for Regional Ocean
Partnerships and Regional Ocean Strategic Plans under this title are--
(1) to protect, maintain, and restore the health of marine
ecosystems, and
(2) to provide for the ecologically sustainable use and
management of ocean and coastal resources.
(c) Membership.--
(1) Federal representatives.--
(A) In general.--Within 90 days after the date of
the enactment of this Act, the Administrator, in
consultation with the Committee on Ocean Policy, shall
coordinate representatives of the Federal Government to
form each Regional Ocean Partnership. Such
representatives shall be officers or employees of
Federal agencies and departments that have expertise in
and oversee ocean and coastal policy or resource
management. Each Federal agency or department shall
select and appoint their representatives to each
Regional Ocean Partnership. The Administrator, or his
or her designated representative, shall serve as the
chairperson of each Regional Ocean Partnership.
(B) Included entities.--The representatives
appointed to each Regional Ocean Partnership under this
paragraph shall include one or more officers or
employees of the Administration, the Department of the
Interior, the Environmental Protection Agency, the
Department of Agriculture, the Army Corps of Engineers,
the Department of Defense, the Department of Homeland
Security, the Department of Commerce, and other Federal
agencies and departments as necessary.
(2) State and tribal representatives.--
(A) Coastal state appointments.--The Governor of
each Coastal State within the ocean region of a
Regional Ocean Partnership shall appoint an officer or
employee of the State agency with primary
responsibility for overseeing ocean and coastal policy
or resource management to that Regional Ocean
Partnership.
(B) Inland state appointment.--Where appropriate,
the Administrator shall receive nominations and select
one representative from one of the inland States that,
according to maps and data of the United States
Geological Survey, have jurisdiction over waters that
feed into the ocean region for which a Regional Ocean
partnership must prepare an ecosystem plan.
(C) Western pacific and caribbean regional ocean
partnerships.--The Governors of American Samoa, Guam,
and the Northern Mariana Islands shall each appoint an
officer or employee of the agency with primary
responsibility for overseeing ocean and coastal policy
or resource management to the Western Pacific Regional
Ocean Partnership. The Governors of the Virgin Islands
and the Commonwealth of Puerto Rico shall each appoint
an officer or employee of the agency with primary
responsibility for overseeing ocean and coastal policy
or resource management to the Caribbean Regional Ocean
Partnership.
(D) North pacific regional ocean partnership.--The
Governor of the State of Washington shall appoint an
officer or employee of the Washington State agency with
primary responsibility for overseeing ocean and coastal
policy or resource management to the North Pacific
Regional Ocean Partnership.
(3) International representatives.--Where appropriate, each
Regional Ocean Partnership shall foster nonbinding
relationships with foreign governments, agencies, States,
provinces, and other entities as appropriate, at scales
appropriate to the region under the authority of a Regional
Ocean Partnership, including by providing opportunities for
nonvoting participation by foreign representatives at meetings
of the Regional Ocean Partnership, its advisory committees, and
other working groups.
(4) Regional fisheries management council representative.--
The executive director of each Regional Fishery Management
Council having jurisdiction over the ocean region of a Regional
Ocean Partnership shall serve as a voting member of the
Partnership, and shall be considered a Federal representative
for the purposes of section 402(c)(6)(A).
(5) Local government representative.--Where appropriate,
the Administrator will receive nominations and select one
representative from a coastal political subdivision to
represent the interests of local and county governments on the
Regional Ocean Partnership.
(6) Additional appointments.--
(A) Totals.--The Administrator shall determine the
total number of additional representatives of Indian
tribes, Coastal Stateswithin an ocean region of a
Regional Ocean Partnership as is necessary to ensure
that the combined number of mon-Federal voting
representatives equals the number of Federal voting
representatives on each Regional Ocean Partnership.
(B) Soliciting nominations.--The Administrator
shall solicit nominations for qualified governmental
officers or employees from Indian tribes, States,
Commonwealths, territories, and possessions of the
United States within an ocean region of a Regional
Ocean Partnership and select nominees to fill any
vacant seats on that Regional Ocean Partnership.
(C) Selecting nominees.--In selecting among
nominees to serve on each Regional Ocean Partnership,
the Administrator shall strive to ensure a balanced
representation among these governmental entities.
(d) Advisory Committees.--
(1) Authority.--Each Regional Ocean Partnership may
establish and appoint members of advisory committees and
working groups as necessary for preparation of a Regional Ocean
Strategic Plan under this title.
(2) Citizens advisory committee.--Each Regional Ocean
Partnership shall establish and appoint members of a Citizens
Advisory Committee comprised of nongovernmental members of the
public, including a wide range of citizens interested in
multiple uses of United States ocean waters and ocean
resources.
(3) Advice and input.--Each Regional Ocean Partnership
shall take the advice and input of any Advisory Committee into
consideration in the development of a Regional Ocean Strategic
Plan.
(e) Coordination.--
(1) In general.--Immediately following the appointment of
representatives to each Regional Ocean Partnership, the
representatives shall take steps to identify opportunities and
better coordinate and integrate existing programs or activities
with the other governmental entities in the ocean region of the
Regional Ocean Partnership.
(2) Existing programs.--Each Regional Ocean Partnership
shall not supplant the functions or authorities of existing
regional entities and shall, to the maximum extent possible,
build upon current State, multistate, and regional capacity and
governance and institutional mechanisms to manage ocean and
coastal resources. This shall include mechanisms to--
(A) conduct coastal and ocean monitoring, mapping,
assessment, and observations;
(B) provide for ecologically sustainable growth;
(C) restore and conserve habitat;
(D) manage State and Federal fisheries;
(E) maintain and improve the quality of coastal and
ocean waters; and
(F) protect and restore the resources of the
Nation's coastal zone.
(3) Inland regions.--Each Regional Ocean Partnership shall
collaborate and coordinate as necessary and appropriate with
inland States that may significantly impact the health of
marine ecosystems in the ocean region.
(f) Regions.--
(1) In general.--There are hereby designated the following
ocean regions:
(A) North pacific ocean region.--The North Pacific
Ocean Region, which shall consist of the coastal zone
(as defined in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453)) and watershed
areas of the State of Alaska that have a significant
impact on coastal waters of the State of Alaska seaward
to the extent of the Exclusive Economic Zone as
specified in Presidential Proclamation Number 5030,
dated March 10, 1983.
(B) Pacific ocean region.--The Pacific Ocean
Region, which shall consist of the coastal zone (as
defined in section 304 of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1453)) and watershed areas of
the States that have a significant impact on coastal
waters of the States of Washington, Oregon, and
California seaward to the extent of the Exclusive
Economic Zone as specified in Presidential Proclamation
Number 5030, dated March 10, 1983.
(C) Western pacific ocean region.--The Western
Pacific Ocean Region, which shall consist of the
coastal zone (as defined in section 304 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1453)) and
watershed areas of the States that have a significant
impact on coastal waters of the States of Hawaii, Guam,
American Samoa, and the Northern Mariana Islands
seaward 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 Commonwealths, territories, and possessions of
the United States in the Pacific Ocean.
(D) Gulf of mexico ocean region.--The Gulf of
Mexico Ocean Region, which shall consist of the coastal
zone (as defined in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453)) and watershed
areas of the States that have a significant impact on
coastal waters of the States of Texas, Louisiana,
Mississippi, Alabama, and Florida seaward to the extent
of the Exclusive Economic Zone as specified in
Presidential Proclamation Number 5030, dated March 10,
1983.
(E) Caribbean ocean region.--The Caribbean Ocean
Region, which shall consist of the coastal zone (as
defined in section 304 of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1453)) and watershed areas of
the States that have a significant impact on coastal
waters of the Virgin Islands and the Commonwealth of
Puerto Rico seaward 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 Caribbean Sea and Atlantic
Ocean.
(F) Southeast atlantic ocean region.--The Southeast
Atlantic Ocean Region, which shall consist of the
coastal zone (as defined in section 304 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1453)) and
watershed areas of the States that have a significant
impact on coastal waters of the States of Florida,
Georgia, South Carolina, and North Carolina seaward to
the extent of the Exclusive Economic Zone as specified
in Presidential Proclamation Number 5030, dated March
10, 1983.
(G) Northeast atlantic ocean region.--The Northeast
Atlantic Ocean Region, which shall consist of the
coastal zone (as defined in section 304 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1453)) and
watershed areas of the States that have a significant
impact on coastal waters of the States of Maine, New
Hampshire, Massachusetts, Rhode Island, Connecticut,
New York, New Jersey, Delaware, Maryland, Pennsylvania,
and Virginia seaward to the extent of the Exclusive
Economic Zone as specified in Presidential Proclamation
Number 5030, dated March 10, 1983.
(H) Great lakes region.--The Great Lakes Region,
which shall consist of the coastal zone (as defined in
section 304 of the Coastal Zone Management Act of 1972
(16 U.S.C. 1453)) and watershed areas of the States
that have a significant impact on coastal waters of the
States of Wisconsin, Minnesota, Michigan, Illinois,
Indiana, Ohio, New York, and Pennsylvania to the extent
of the territorial waters of the United States in the
Great Lakes.
(2) Subregions.--Each Regional Ocean Partnership may
establish such subregions, or geographically specified
management areas, as necessary for efficient and effective
management of ecosystem problems.
(g) Procedures.--
(1) In general.--Except as provided in paragraph (2), each
Regional Ocean Partnership shall operate in accordance with
procedures established by the Regional Ocean Partnership and
approved by the Administrator.
(2) Interim procedures.--Each Regional Ocean Partnership
shall operate in accordance with interim procedures prescribed
by the Administrator until such time as the Administrator
approves procedures established by the Partnership 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 provide for--
(A) transparency in decisionmaking;
(B) opportunities for public input and
participation; and
(C) the use of science, local government, and
citizen advisory committees.
(h) Staff.--
(1) Hiring authority.--Each Regional Ocean Partnership may
hire such staff as is necessary to perform the functions of the
Partnership.
(2) Treatment.--Staff hired by a Regional Ocean Partnership
shall be treated as employees of the Administration.
(i) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Regional Ocean Partnerships or to any advisory
committees established under this title.
SEC. 403. REGIONAL OCEAN STRATEGIC PLANS.
(a) Requirement.--Each Regional Ocean Partnership shall, within 3
years after establishment of the Partnership, prepare and submit to the
Administrator and the Committee on Ocean Policy for review and
consultation and approval by the Administration pursuant to this
section a Regional Ocean Strategic Plan for the ocean region of the
Partnership.
(b) Contents.--Each Regional Ocean Strategic Plan prepared by a
Regional Ocean Partnership shall, at a minimum, include the following:
(1) An assessment of the ocean region in order to guide
management decisions, including consideration of ecological,
economic, educational, social, cultural nutritional, and
recreational factors.
(2) Identification of multiple indicators that measure
ecosystem health and the effectiveness of current management
efforts, and an analysis of their current status.
(3) Determination of priority issues within the region and
adjoining inland regions and an assessment of the capacity of
existing governance mechanisms to address those problems.
(4) Determination of solutions and specific policies to
address the priority problems that take an adaptive, ecosystem-
based approach.
(5) Identification of short and long-term ecosystem goals,
responsibilities for taking actions to implement solutions to
priority problems and to achieve those ecosystem goals, and the
necessary resources.
(6) An analysis of the gaps in authority, coordination, and
resources, including funding, that must be filled in order to
fully achieve the plan's goals.
(7) Identification of model programs whose existing
infrastructure aid in implementation of the plan.
(c) Meetings.--Each Regional Ocean Partnership shall meet--
(1) at least twice each year--
(A) during the development of the Regional Ocean
Strategic Plan; and
(B) after completion of such plan to monitor the
implementation of the plan's goals and objectives and
develop strategies for adaptive management; and
(2) at other times at the call of the Administrator.
(d) Amending Plans.--Each approved Regional Ocean Strategic Plan
shall be reviewed and revised by the relevant Regional Ocean
Partnership at least once every five years. Any proposed amendments to
the plan shall be transmitted to the Administrator for review pursuant
to this section.
(e) Action by Administrator.--
(1) Review of plans.--
(A) Commencement of review.--Within 10 days after
transmittal of a Regional Ocean Strategic Plan by a
Regional Ocean Partnership to the Administrator and the
Committee on Ocean Policy, or any amendment to such a
plan, the Administrator in consultation with the
Committee on Ocean Policy shall commence a review of
the plan or amendment.
(B) Public notice and comment.--Immediately after
receipt of such a plan, the Administrator shall publish
in the Federal Register a notice stating that the plan
or amendment is available and that public comments may
be submitted to the Administrator within 60 days after
the date the notice is published.
(C) Requirements for approval.--Before approving a
Regional Ocean Strategic Plan, or any amendments to
such a plan, submitted by a Regional Ocean Partnership,
the Administrator, in consultation with the Committee
on Ocean Policy, must find that the plan--
(i) is consistent with the guiding
principles under section 402(b), and
(ii) adequately addresses the required
elements under subsection (b) of this section.
(D) Deadline for review.--Within 120 days after
transmittal by the Regional Ocean Partnership to the
Administrator of a Regional Ocean Strategic Plan, or an
amendment to such a plan, the Administrator in
consultation with the Committee on Ocean Policy shall
approve or disapprove the plan by written notice. If
the Administrator disapproves a Regional Ocean
Strategic Plan or amendment, the Administrator in
consultation with the Committee on Ocean Policy shall
make conforming recommendations to the Regional Ocean
Partnership. The Regional Ocean Partnership may submit
a revised plan or amendment to the Administrator and
the Committee on Ocean Policy for review under this
title.
(2) Grants.--The Administrator, subject to the availability
of funds in the Ocean and Great Lakes Conservation Trust Fund
established in section 801, may award grants to members of a
Regional Ocean Partnership, other than representatives of the
Federal Government, to cover expenses incurred in developing a
draft Ocean and Coastal Strategic Plan or to implement an
approved plan.
(f) Implementation.--
(1) In general.--Indian tribes, States, Commonwealths,
territories and possessions of the United States with a
representative on a Regional Ocean Partnership, and the Federal
Government shall, to the maximum extent practicable, implement
an approved Regional Ocean Strategic Plan consistent with
existing legal authorities.
(2) Recommendations for more resources.--If existing legal
authority is inadequate or other resources are needed to
successfully implement an approved Regional Ocean Strategic
Plan in consultation with the Committee on Ocean Policy, the
representatives of Indian tribes, States, Commonwealths,
territories and possessions of the United States, and of the
Federal Government serving on a Regional Ocean Partnership
shall make recommendations to the Congress and States regarding
necessary changes.
SEC. 404. NATIONAL ACADEMY OF SCIENCES STUDY OF REGIONAL OCEANS
GOVERNANCE.
(a) Study Required.--The Administrator and the Committee on Ocean
Policy shall, as soon as practicable, enter into an arrangement with
the National Research Council of the National Academy of Sciences to
carry out a study of existing regional and ecosystem-based approaches
to coastal and ocean governance.
(b) Matters Included.--The study required by subsection (a) shall
evaluate--
(1) current coastal and oceans approaches to ecosystem-
based management and their effectiveness at maintaining healthy
marine ecosystems;
(2) approaches to regional governance currently in use in
the United States; and
(3) mechanisms for engaging Federal, State, and local
governments, special interest groups, and the general public in
the management process.
(c) Recommendations.--In carrying out the study required by
subsection (a), the National Research Council may develop
recommendations it considers appropriate and directly related to the
subject matter of the study. It is the sense of the Congress that the
National Research Council should develop recommendations on the best
methods of creating governance structures, specific to each of the
Regional Ocean Partnerships created in section 402, that include
ecosystem-based management strategies and broad participation.
(d) Reports.--The National Research Council shall submit to the
Administrator, the Committee on Ocean Policy, and each of the Regional
Ocean Partnerships created in section 402 by not later than one year
after entering into the arrangement required by subsection (a), a final
report on the study that includes all findings, conclusions, and
recommendations. Upon receipt of the final report, each of the Regional
Ocean Partnerships shall consider and integrate recommendations of the
National Research Council to improve regional governance structures.
(e) Provision of Information.--The Administrator and the Regional
Ocean Partnerships shall, in a timely manner, make available to the
National Research Council all information that the National Research
Council considers necessary to carry out its responsibilities under
this section.
(f) Rule of Construction.--This section shall not be construed to
affect section 402.
(g) Funding.--Of the amounts made available to the National Oceanic
and Atmospheric Administration pursuant to the authorization of
appropriations, an appropriate amount shall be available only for
carrying out the study required by this section.
SEC. 405. REGULATIONS.
The Administrator shall issue such regulations as the Administrator
considers necessary to ensure proper administration of this title.
SEC. 406. OTHER AUTHORITY.
This title shall not be construed as superseding or diminishing the
authorities and responsibilities, under any other provision of law, of
the Administrator or any other Federal, State, or tribal officer,
employee, department, or agency.
SEC. 407. OCEAN ECOSYSTEM RESOURCE INFORMATION SYSTEMS.
(a) Findings.--The Congress finds the following:
(1) Ecosystem-based management will require development of
an ocean information systems comprised of a set of information
management tools and products capable of integrating and
disseminating information essential for informed decision-
making.
(2) Information generated by ocean monitoring systems,
including the National Environmental Observatory Network, will
be more useful if fully integrated into resource information
systems developed for ecosystem-based management applications.
Data from these offshore monitoring programs, coupled with
other information on ocean and aquatic ecosystems, will provide
a basis for understanding natural and anthropogenic
environmental variability, including climate change and the
resulting impacts on living marine resources.
(3) Natural resource information systems have been
developed and are presently a successful management tool for
onshore uses, including some Pacific Coast watersheds, and they
should now be applied to the ocean environment to facilitate
ecosystem-based management of the United States oceans waters.
(b) Establishment.--
(1) Requirement.--The Administrator shall, within 90 days
after the date of the enactment of this Act, establish a
network of regional ocean ecosystem resource information
systems to act as an organized repository of geophysical,
atmospheric, oceanographic, and marine biological data,
including genetic research, studies, data, maps, and analyses
necessary to the understanding of the ocean ecosystem, and from
which to draw information for the establishment of national
policies and priorities related to the conservation, use, and
management of United States ocean waters and the marine
resources therein.
(2) Included information.--Information maintained in each
regional ocean ecosystem resource information system may
include--
(A) relevant historic or social science information
that may aid in the understanding of ocean ecosystems
or their management; and
(B) published and unpublished research, data, and
scientifically peer-reviewed analysis, developed by
State agencies, academic or scientific institutions,
fishermen's collaborative research programs, and other
reliable and relevant information sources.
(3) Review of included analyses and interpretations.--Each
draft analysis and interpretation of data to explain ecosystem
relationships that is included in a regional ocean ecosystem
resource information system shall be reviewed by qualified
experts before being broadly disseminated through the system to
the public.
(4) Contracts and other agreements.--
(A) Authority.--The Administrator, subject to the
availability of appropriations, may enter into
contracts and other agreements with other Federal
agencies, State agencies, non-governmental
organizations, universities, and private academic
institutions for development of portions of each
regional ocean ecosystem resource information system.
(B) Open-source software and the end-product
licenses.--The Administrator shall include in such
agreements appropriate provisions requiring use of
general public license open-source software and
licensing of end-products to the Administration or to
any joint authority considered appropriate by the
Administrator for efficient regional operations.
(5) Access to information.--The Administrator shall ensure
that information in each regional ocean ecosystem resource
information system established under this section shall be
readily accessible at no cost, or at nominal cost, to the
Congress, all Federal agencies, States, academic and scientific
institutions, and the public through the Internet, libraries,
and such other mediums as may be appropriate and practical.
(c) Included Regions and Waters; Schedule.--
(1) Ocean regions.--The Administrator shall establish by
not later than January 1, 2010, a regional ocean ecosystem
resource information system for each ocean region.
(2) Other waters.--The Administrator, in cooperation with
the affected States, shall establish by not later than January
1, 2015, a regional ocean ecosystem resource information system
for each of the following bodies of water:
(A) The United States territorial waters of each of
the Great Lakes.
(B) Long Island Sound.
(C) The Gulf of Maine.
(D) Chesapeake Bay.
(E) The Mississippi River Delta.
(F) San Francisco Bay and Delta.
(G) The United States territorial waters of Puget
Sound.
(3) Modification of regions and waters.--The Administrator,
with respect to the establishment of regional ocean ecosystem
resource information systems, and for purposes of
administrative convenience and to ensure the timely completion
of such systems, may divide the regions and waters referred to
in paragraphs (1) and (2) or include other waters not listed in
those paragraphs.
(d) Coordination .--
(1) Obtaining information.--In establishing regional ocean
ecosystem resource information systems, the Administrator--
(A) shall cooperate and coordinate with the United
States Geological Survey, the United States Fish and
Wildlife Service, the Minerals Management Service, the
Environmental Protection Agency, the Coast Guard, and
the Navy, and all Administration offices, including the
National Marine Sanctuaries program and Regional
Fishery Management Councils, in order to obtain from
such agencies and offices and use all unclassified
information necessary for the development and operation
of the systems; and
(B) may seek to enter into cooperative agreements
with States, local governments, universities, or
private academic institutions in order to obtain access
to information necessary or useful for the development
and operation of the systems.
(2) Avoidance of duplication.--To avoid duplication, in
establishing regional ocean ecosystem resource information
systems the Administrator shall coordinate with other ocean
data acquisition and distribution systems, including the
National Geospatial Data Clearinghouse and the Sanctuary
Integrated Monitoring Network program of the Administration.
(3) Integration of watershed, bay, and estuarine
information systems.--The Administrator, in recognition of the
effects of land-based and watershed uses on ocean ecosystems,
shall facilitate to the extent practical the integration of
watershed, bay, and estuarine information systems with the
appropriate regional ocean ecosystem resource information
system.
(4) International agreements.--The Administrator may, in
consultation with the Secretary of State, enter into agreements
with the Governments of Canada, Mexico, and the Russian
Federation with respect to establishment of regional a ocean
ecosystem resource information system for United States coastal
waters that abut the territorial waters of any or those
countries, for purposes of inclusion in such a system of any
information or data that may be necessary or useful in the
development and operation of such system.
(e) Authorization of Appropriations.--For development and
implementation of the ocean ecosystem resource information systems
under this section, there is authorized to be appropriated to the
Administrator $12,000,000 for each of the fiscal years 2007 through
2011.
SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administrator for
carrying out this title, including development, implementation, and
monitoring of approved Regional Ocean Strategic Plans, $25,000,000 for
each of fiscal years 2007 through 2011.
TITLE V--OCEAN SCIENCE, EXPLORATION, AND RESEARCH COORDINATION
SEC. 501. COMMITTEE ON OCEAN SCIENCE, EDUCATION, AND OPERATIONS.
(a) Committee.--The Chair of the Committee on Ocean Policy created
under subtitle B of title III shall establish a Committee on Ocean
Science, Education, and Operations.
(b) Membership.--The Committee on Ocean Science, Education, and
Operations shall be composed of the following members:
(1) The Administrator.
(2) The Secretary of the Navy.
(3) The Director of the United States Fish and Wildlife
Service.
(4) The Director of the National Science Foundation.
(5) The Administrator of the National Aeronautics and Space
Administration.
(6) The Under Secretary of Energy for Energy, Science, and
Environment.
(7) The Administrator of the Environmental Protection
Agency.
(8) The Executive Director of the Marine Mammal Commission.
(9) The Under Secretary of Homeland Security for Science
and Technology.
(10) The Commandant of the Coast Guard.
(11) The Director of the United States Geological Survey.
(12) The Director of the Minerals Management Service.
(13) The Under Secretary of Agriculture for Research,
Education, and Economics.
(14) The Assistant Secretary of State for Oceans and
International Environmental and Scientific Affairs.
(15) The Director of the Defense Advanced Research Projects
Agency.
(16) The Director of the Office of Science and Technology
Policy.
(17) The Director of the Office of Management and Budget.
(18) The Under Secretary of Education.
(19) 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 Fish and Wildlife Service, 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 on Ocean Science, Education,
and Operations shall--
(1) serve as the primary source of advice and support on
scientific research, technology, education, and operational
matters for the Committee on Ocean Policy and assist in
carrying out the functions of the Committee on Ocean Policy 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 Committee on Ocean Policy
the National Strategy for Ocean and Coastal Science under
section 502, and oversee its implementation;
(4) prescribe policies and procedures and provide support
for the National Ocean Partnership Program under section 503;
(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 Partnerships 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
Committee on Ocean Policy; 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 Committee on
Ocean Policy may require.
SEC. 502. NATIONAL STRATEGY FOR OCEAN AND COASTAL SCIENCE.
(a) Goals and Priorities.--The Chair of the Committee on Ocean
Policy, after consultation with Regional Ocean Partnerships established
under title IV and through the Committee on Ocean Science, Education,
and Operations, 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, outreach, and
operations that 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 on Ocean Science, Education, and Operations 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
Partnerships, 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 502(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, including approaches to reduce the impact of human
activities on 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 on Ocean Science, Education, and Operations shall consult
with Regional Ocean Partnerships and academic, State, industry, and
environmental groups and representatives. Not later than 90 days before
the Chair of the Committee on Ocean Policy 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. 503. NATIONAL OCEAN PARTNERSHIP PROGRAM.
(a) Purposes.--Building on the program established under section
7901 of title 10, United States Code, the Committee on Ocean Science,
Education, and Operations 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 the 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 on Ocean Science, Education, and Operations shall submit to
the 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 the
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 on Ocean Science,
Education, and Operations shall establish a partnership program office
for the National Ocean Partnership Program. The Committee on Ocean
Science, Education, and Operations 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 on Ocean Science, Education, and Operations and
recommendations to the Committee on Ocean Science, Education,
and Operations on such projects;
(2) management of the process for proposing partnership
projects to the Committee on Ocean Science, Education, and
Operations, including the peer review process for such
projects;
(3) preparation and submission to the Committee on Ocean
Science, Education, and Operations 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 on
Ocean Science, Education, and Operations activities that the
Committee on Ocean Science, Education, and Operations considers
appropriate.
(e) Contract and Grant Authority.--The Committee on Ocean Science,
Education, and Operations may authorize 1 or more of the departments or
agencies represented on the Committee on Ocean Science, Education, and
Operations 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 Committee on Ocean Policy.
(f) Interagency Financing.--The departments and agencies
represented on the Committee on Ocean Science, Education, and
Operations are authorized to participate in interagency financing and
share, transfer, receive, and spend funds appropriated to any member of
the Committee on Ocean Science, Education, and Operations 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 on Ocean
Science, Education, and Operations 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 on
Ocean Science, Education, and Operations considers appropriate,
including grants, memoranda of understanding, cooperative research and
development agreements, and similar instruments.
(2) The Committee on Ocean Science, Education, and Operations shall
establish uniform proposal request and application procedures and
reporting requirements for use by each department and agency
represented on the Committee on Ocean Science, Education, and
Operations that are applicable to all projects and activities under the
National Ocean Partnership Program.
(3) Projects under the program may include demonstration projects.
SEC. 504. OCEAN RESEARCH AND EDUCATION ADVISORY PANEL.
(a) Membership.--The Committee on Ocean Science, Education, and
Operations 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) One director of a State Sea Grant program.
(5) 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.
(6) Members selected from among individuals eminent in the
fields of marine science, marine policy, ocean engineering, or
related fields.
(7) 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 on Ocean
Science, Education, and Operations 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 on Ocean
Science, Education, and Operations annually shall make funds available
to support the activities of the Advisory Panel.
SEC. 505. MARINE ECOSYSTEMS RESEARCH.
(a) Ecosystem-Based Approaches.--The Administrator shall work with
the Committee on Ocean Science, Education, and Operations 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, United States Fish and Wildlife
Service, the Environmental Protection Agency, and other Federal
agencies represented on the Committee on Ocean Science, Education, and
Operations, 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 on Ocean Science, Education, and Operations, 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. 506. 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 503; and
(2) at least $600,000, or 3 percent of the amount
appropriated for the National Oceanographic Partnership
Program, whichever is greater, for operations of the
partnership program office established under section 503.
(b) Marine Ecosystems Research.--For development and implementation
of the research program under section 505, there is authorized to be
appropriated $50,000,000 for each of fiscal years 2007 through 2012.
(c) Availability.--Sums appropriated under this section shall
remain available until expended.
TITLE VI--OCEAN EDUCATION
SEC. 601. SUBCOMMITTEE ON OCEAN EDUCATION.
(a) Membership.--The Committee on Ocean Science, Education, and
Operations shall establish a Subcommittee on Ocean Education (in this
title referred to as the ``Subcommittee''). Each member of the
Committee on Ocean Science, Education, and Operations may designate a
senior representative with expertise in education to serve on the
Subcommittee. The Committee on Ocean Science, Education, and Operations
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 on Ocean Science,
Education, and Operations and the Committee on Ocean Policy on
matters related to national-level 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 502 and
guidance for educational investments;
(3) coordinate Federal ocean and coastal education
activities for students, 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, State Sea
Grant programs, 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 national-level formal and
informal ocean and coastal education efforts; and
(7) carry out such other activities as the Committee on
Ocean, Science, Education, and Operations and the Committee on
Ocean Policy request.
SEC. 602. OCEAN AND COASTAL EDUCATION PROGRAM.
(a) Establishment.--Consistent with the National Strategy for Ocean
and Coastal Science, the Committee on Ocean Science, Education, and
Operations, 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
national-level 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 Partnerships, to support academic competition
and experiential learning opportunities for high school
students.
(3) The National Sea Grant College Program's education and
outreach efforts.
(4) Teacher enrichment programs that provide for
participation in research expeditions, voyages of exploration,
and the conduct of scientific research.
(5) Development of model instructional programs for
students at all levels.
(6) Student training and support to provide diverse ocean-
related education opportunities at the undergraduate, graduate,
and postdoctoral levels.
(7) Professional training, certification, and continuing
education programs for commercial fishermen and other mariners.
(8) Mentoring programs and partnerships with minority-
serving institutions to ensure diversity in the ocean and
coastal workforce.
(9) Dissemination of ocean and coastal information that is
relevant for a wider public audience.
SEC. 603. NATIONAL MARINE SCHOLARSHIP PROGRAM.
(a) Definitions.--In this section:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning that term
has under section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(2) Program.--The term ``Program'' means the National
Marine Scholarship Program established by the Administrator
under this section.
(b) Establishment of Program.--
(1) Requirement.--The Administrator shall establish a
National Marine Scholarship Program that is designed to recruit
and prepare students for careers in the fields of marine
science and such other related fields as the Administrator may
designate. Under the program, the Secretary shall award
scholarships for those academic programs and fields of study
described in the list made available under subsection (d).
(2) Employment obligation.--As a condition of the award of
each scholarship under the Program, the Administrator shall
require the recipient to enter into a contractual agreement
under which the individual is obligated to serve as a full-time
employee of the Administration in a position needed by the
Administration and for which the individual is qualified, for a
period of time to be determined by the Administrator and stated
in the contractual agreement. If a full-time equivalent
position is not available within the Administration at the time
the scholarship recipient is obligated to begin their
employment, the scholarship recipient may fulfill such
employment obligation in a full-time position in another
Federal agency with administrative jurisdiction over programs
relating to the marine environment that is approved by the
Administrator.
(c) Eligibility Criteria.--In order to be eligible for a
scholarship under the Program, an individual must--
(1) be enrolled or accepted for enrollment as a full-time
graduate student at an institution of higher education in an
academic program and field of study described in the list made
available under subsection (d);
(2) be a United States citizen or national or a permanent
resident of the United States; and
(3) at the time of the initial scholarship award, not be an
employee of the Administration.
(d) Eligible Academic Programs and Fields of Study.--The
Administrator shall make publicly available a list of academic programs
and fields of study for which scholarships under this section may be
used, and shall update the list as necessary.
(e) Competitive Award Process.--
(1) In general.--Under the Program, the Administrator shall
award scholarships to individuals who are selected through a
competitive process--
(A) under which awards are made primarily on the
basis of academic merit;
(B) in which consideration is given to promoting
the participation in the Program by individuals
referred to in section 33 or 34 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885a,
1885b); and
(C) in which consideration may be given to
financial need.
(2) Application.--An individual seeking a scholarship under
this section shall submit an application to the Administrator
at such time, in such manner, and containing such information,
agreements, or assurances as the Administrator may require.
(f) Scholarship Limits.--
(1) Number of academic years.--An individual may not
receive a scholarship under this section for a masters degree
program for more than 2 academic years, or for a doctorate
program for more than 4 academic years, except as specifically
authorized by a waiver issued by the Administrator.
(2) Dollar amount.--The dollar amount of a scholarship
under this section shall not exceed the cost of attendance, as
such cost is determined in accordance with section 472 of the
Higher Education Act of 1965 (20 U.S.C. 1087).
(3) Use.--Amounts received as a scholarship under this
section may be expended only for tuition, fees, and other
expenses authorized by regulations issued by the Administrator.
(4) Payment of scholarship amounts.--The Administrator may
enter into a contractual agreement with an institution of
higher education with respect to which a scholarship is
provided under this section, under which the amounts provided
as the scholarship for tuition, fees, and other authorized
expenses are paid directly to the institution.
(g) Period of Service Under Employment Obligation.--
(1) General requirement.--Except as provided in subsection
(i)(2), the period of service for which an individual shall be
obligated to serve as an employee of the Administration
pursuant to this section shall be determined by the
Administrator in accordance with subsection (b)(2).
(2) Beginning of service.--
(A) General rule.--Except as provided in
subparagraph (B), obligated service under subsection
(b)(2) shall begin not later than 60 days after the
date on which individual obtains the educational degree
for which the scholarship was provided.
(B) Deferral.--The Administrator may defer the
beginning of obligated service under subsection (b)(2)
if the Administrator determines that such a deferral is
appropriate. The Administrator shall by regulation
prescribe the terms and conditions under which a
service obligation may be deferred under this
subparagraph.
(h) Repayment.--
(1) Failure to perform academically.--
(A) Breach of obligation.--A recipient of a
scholarship under this section shall be in breach of
the recipient's contractual agreement under this
section if the recipient--
(i) fails to maintain a high level of
academic standing, as defined by the
Administrator by regulation;
(ii) is dismissed from the recipient's
educational institution for disciplinary
reasons; or
(iii) voluntarily terminates academic
training before graduation from the educational
program for which the scholarship was awarded.
(B) Penalty.--A recipient of a scholarship who
under subparagraph (A) is in breach of the recipient's
contractual agreement--
(i) shall be liable to the United States
for repayment, within 2 years after the date of
the breach, of all amounts paid under the
scholarship to the recipient or to an
institution of higher education on the
recipient's behalf; and
(ii) shall not be required to fulfill any
employment obligation under such agreement.
(2) Failure to fulfill employment obligation.--
(A) Breach of obligation.--A recipient of a
scholarship under this section shall be in breach of
the recipient's contractual agreement under this
section if the recipient--
(i) fails to begin or complete the
recipient's employment obligation under this
section; or
(ii) fails to comply with the terms and
conditions of deferment established by the
Administrator pursuant to subsection (g)(2)(B).
(B) Penalty.--A recipient of a scholarship who
under subparagraph (A) is in breach of the recipient's
contractual agreement shall be liable for payment to
the United States, within 3 years, of an amount equal
to--
(i) the total amount of scholarships
received by such individual under this section;
plus
(ii) interest on the total amount of such
scholarships at a rate that is equivalent to
the rate of interest that would apply under
section 427A of the Higher Education
Authorization Act of 1965 if the scholarships
were loans to cover the cost of education (as
that term is used in that section).
(i) Cancellation or Waiver.--
(1) In general.--Any obligation of an individual incurred
under this section for service or payment shall be canceled
upon the death of the individual.
(2) Waiver or suspension of any obligation by
administrator.--The Administrator shall by regulation provide
for the partial or total waiver or suspension of any obligation
of employment or payment incurred by an individual under this
section (including any contractual agreement under this
section), if--
(A) compliance by the individual is impossible or
would involve extreme hardship to the individual; or
(B) enforcement of such obligation with respect to
the individual would be contrary to the best interests
of the Government.
(j) Report to Congress.--Not later than 2 years after the date of
the enactment of this Act, and every 2 years thereafter, the
Administrator shall transmit a report to the Congress that addresses
each of the following:
(1) The effectiveness of the National Marine Scholarship
Program established under this section in increasing the number
of marine science-related service professionals.
(2) The effectiveness of such program in preparing
scholarship recipients for temporary jobs within the
Administration or other marine-related Federal agencies.
(k) Deadline for Regulations.--The Administrator shall issue such
regulations as are necessary to carry out this section by not later
than 90 days after the date of the enactment of this Act.
(l) Authorization of Appropriations.--Of the amounts authorized for
each of fiscal years 2006 through 2011 for programs administered by the
National Oceanic and Atmospheric Administration, $5,000,000 shall be
available for the National Marine Scholarship Program established under
this section.
SEC. 604. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OFFICE OF
EDUCATION.
(a) In General.--The Administrator shall conduct, develop, support,
promote, and coordinate national-level education activities described
in section 602(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, and ocean and coastal managers, commercial
fishermen, mariners, and other stakeholders at the national level. The
ocean and coastal education program should consider existing mechanisms
for ocean and coastal outreach and education at the national, regional,
State, and local levels. 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, Indian tribes, commercial organizations,
educational institutions, nonprofit organizations, or other persons.
(b) Establishment.--As set forth in title II, 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
602. The Office of Education shall promote and provide oversight of
agency education activities as described in section 203 and shall--
(1) integrate agency science into high-quality educational
materials;
(2) improve access to National Oceanic and Atmospheric
Administration educational resources;
(3) consider existing mechanisms for ocean and coastal
outreach and education at the national, regional, State, and
local levels;
(4) support educator professional development programs to
improve understanding and use of agency sciences;
(5) promote participation in agency-related sciences and
careers, particularly by members of underrepresented groups;
(6) leverage partnerships to enhance formal and informal
environmental science education;
(7) build capability within the agency for educational
excellence;
(8) support professional development and a program for
certification of individuals engaged in commercial fishing,
including safe use of fishing gear, fishery and ocean law, fish
identification and behavior, care of fish catch, marine
ecology, and safety at sea;
(9) develop recreational fishing education programs; and
(10) 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. 605. 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 2006
through 2011--
``(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;
``(C) $4,000,000 for competitive grants to support
educational partnerships under the ocean and coastal
education program established under section 602 of the
Oceans Conservation, Education, and National Strategy
for the 21st Century Act or other appropriate
mechanism; and
``(D) $11,000,000 for graduate fellowships and
competitive distinguished professorships in Marine
Studies.''.
SEC. 606. 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 2006 through fiscal year 2011, $25,000,000 is
authorized to be appropriated for each agency for the ocean and coastal
education program under section 602.
(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 2006 through fiscal year 2011,
$15,000,000 shall be available for National Ocean Science and
Technology Scholarships under section 603.
(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 2006 through 2011 for education activities under section 604(b).
(2) There is authorized to be appropriated to the Administrator
$15,000,000 for each of fiscal years 2006 through 2011 for education
activities under section 604(c).
(d) Availability.--Sums appropriated under this section shall
remain available until expended.
TITLE VII--OCEAN EXPLORATION
SEC. 701. 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 702. 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, Indian 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 702. 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. 702. SUBCOMMITTEE ON OCEAN EXPLORATION.
(a) Membership.--The Committee on Ocean Science, Education, and
Operations shall establish a Subcommittee on Ocean Exploration. Each
member of the Committee on Ocean Science, Education, and Operations may
designate a senior representative with expertise in ocean exploration
to serve on the Subcommittee. The Committee on Ocean Science,
Education, and Operations 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 on Ocean Science,
Education, and Operations, the Committee on Ocean Policy, 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 502 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, State Sea
Grant programs, 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 on
Ocean Science, Education, and Operations and the Committee on
Ocean Policy request.
SEC. 703. 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 2006 through 2011;
and
(2) $80,000,000 for each of fiscal years 2012 through 2017.
TITLE VIII--OCEAN AND GREAT LAKES CONSERVATION TRUST FUND
SEC. 801. 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 2006, the Secretary of
the Treasury shall deposit into the Fund the following amounts:
(1) General revenue.--An amount in each such fiscal year
equal to the difference between $1,300,000,000 and the amounts
deposited in the Fund under paragraphs (2), (3), and (4).
(2) Healthy ocean stamp.--Amounts generated from the sale
of a Healthy Oceans Stamp under section 807.
(3) Amounts not disbursed.--All allocated but undisbursed
amounts returned to the Fund under section 805(a)(2).
(4) 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 Strategic Plans
under title IV--
(A) $350,000,000 for fiscal year 2007;
(B) $700,000,000 for fiscal year 2008; and
(C) $1,000,000,000 for fiscal year 2009 and each
fiscal year thereafter.
(2) To the Administrator for allocation, with concurrence
of the Committee on Ocean Policy, only for carrying out
responsibilities of the Federal Government for development and
implementation of Regional Ocean Strategic Plans required under
title IV--
(A) $50,000,000 for fiscal year 2007;
(B) $100,000,000 for fiscal year 2008; and
(C) $300,000,000 for fiscal year 2009 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 2006 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 monies in
the Fund (including interest), and in any fund or account to which
monies 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) 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. 802. 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. 803. RECORDKEEPING REQUIREMENTS.
The Administrator, in consultation with the Committee on Ocean
Policy, 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. 804. 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. 805. COMMUNITY ASSISTANCE FORMULA AND PAYMENTS.
(a) Conservation Payments to Coastal States.--
(1) Grant program.--Amounts transferred to the
Administrator from the Fund under section 801(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 806 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 IV 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 801(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
801(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 801(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 hold 50 percent of the State's
allocable share, as determined under subsection (b), in a State ocean
grants fund. The Governor or his designee shall award, on a competitive
basis, grants to coastal political subdivisions of the State from the
State ocean grants fund only for activities relating to the development
and implementation of federally approved Regional Ocean Strategic Plans
that are consistent with the standard set forth in subsection 806(b).
(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. 806. 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 and
Coastal Strategic Plans under title IV.
(b) Standard Governing the Expenditure of Funds.--All Funds
disbursed to coastal States and political subdivisions shall only be
used for activities that--
(1) develop or implement federally approved Regional Ocean
Strategic Plans, and
(2) are consistent with the national standards set forth in
section 111.
(c) 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--
(1) describe how the funds will be used by the coastal
State and its coastal political subdivisions to implement the
responsibilities and obligations in developing and implementing
an approved Regional Ocean Strategic Plans; and
(2) ensure that the proposed funded activities by the
coastal State and its coastal political subdivision are
consistent with the standard set forth in subsection 806(b).
(d) Approval or Disapproval.--
(1) Requirements.--A coastal State shall receive funding
under this title if, in consultation with the Committee on
Ocean Policy, 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 IV;
(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 IV; and
(C) ensures any payments under this title to
coastal States and political subdivisions are used to
develop and implement an approved Regional Ocean
Strategic Plan in a manner that is consistent with the
standard set forth in subsection 806(b).
(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 funds provided under
this title will be used by coastal political
subdivisions to develop and implement the applicable
Regional Ocean Strategic Plan.
(D) An analysis of how the funds provided under
this title to both coastal States and coastal political
subdivisions will be consistent with the standard set
forth in subsection 806(b).
(E) Certification by the Governor of the coastal
State that all the funds provided under this title to
coastal political subdivisions will be used to develop
and implement a Regional Ocean Strategic Plan in a
manner that is consistent with the standard set forth
in subsection 806(b).
(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.
SEC. 807. SPECIAL POSTAGE STAMP.
(a) In General.--In order to afford a convenient way for members of
the public to support efforts to protect, maintain, and restore marine
ecosystems, the United States Postal Service shall provide for a
special postage stamp in accordance with succeeding provisions of this
section.
(b) Terms and Conditions.--The issuance and sale of the stamp
referred to in subsection (a) shall be governed by section 416 of title
39, United States Code, and regulations under such section, subject to
the following:
(1) Transfers.--All amounts becoming available from the
sale of such stamp shall be transferred to the Ocean and Great
Lakes Conservation Trust Fund (as established by section 801)
through payments which shall be made, at least twice a year, in
the manner required by subsection (d)(1) of section 416 of such
title 39.
(2) Numerical limitation.--For purposes of applying any
numerical limitation referred to in subsection (e)(1)(C) of
section 416 of such title 39, such stamp shall not be taken
into account.
(3) Duration.--Such stamp shall be made available to the
public over such period of time as the Postal Service may
determine, except that such period--
(A) shall commence not later than 12 months after
the date of the enactment of this Act; and
(B) shall terminate not later than the close of the
period referred to in subsection (g) of such section.
(c) Rule of Construction.--Nothing in this section shall be
considered to permit or require that any determination of the amounts
becoming available from the sale of the stamp referred to in subsection
(a) be made in a manner inconsistent with the requirements of section
416(d) of such title 39.
SEC. 808. SUNSET.
This title shall have no force or effect after September 30, 2024.
<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 Environment, Technology, and Standards.
Executive Comment Requested from Commerce.
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