Oceans Conservation, Education, and National Strategy for the 21st Century Act - Establishes a national policy to protect, maintain, and restore the health of marine ecosystems and requires that federal agencies administer U.S. policies and laws accordingly. Allows more stringent federal and state requirements.
States that there shall be an agency known as the National Oceanic and Atmospheric Administration (NOAA), declares that Reorganization Plan No. 4 of 1970 (concerning NOAA) shall have no further force or effect, and sets forth NOAA's mission and functions. (Reestablishes NOAA and requires a reorganization plan.)
Creates an Under Secretary of Commerce for Oceans and Atmosphere and makes that person the Administrator of NOAA.
Requires maintenance within NOAA of: (1) the National Weather Service; (2) programs to protect, maintain, and restore the health and sustainability of coastal, ocean, and Great Lakes resources; (3) the Office of Education; and (4) a Science Advisory Board.
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 and establishes a Regional Ocean Partnership for each region.
Requires the Administrator to establish a network of regional ocean ecosystem resource information systems for each ocean region and other specified bodies of water. Authorizes related contracts.
Establishes in the Treasury the Ocean and Great Lakes Conservation Trust Fund. Requires payments to coastal states for development and implementation of Regional Ocean Strategic Plans.
Requires the U.S. Postal Service to provide for a special postage stamp to afford the public a convenient way to support efforts to protect, maintain, and restore marine ecosystems.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 21 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 21
To establish a national policy for our oceans, to strengthen the
National Oceanic and Atmospheric Administration, to establish a
national and regional ocean governance structure, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 2007
Mr. Farr (for himself, Mr. Allen, Mr. Gilchrest, and Mr. Saxton)
introduced the following bill; which was referred to the Committee on
Natural Resources, and in addition to the Committee on Science and
Technology, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish a national policy for our oceans, to strengthen the
National Oceanic and Atmospheric Administration, to establish a
national and regional ocean governance structure, 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--ESTABLISHMENT OF A NATIONAL OCEANS POLICY
Sec. 101. National oceans policy.
TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ORGANIC ACT
Sec. 201. National Oceanic and Atmospheric Administration.
Sec. 202. Administration leadership.
Sec. 203. National Weather Service.
Sec. 204. Resource management.
Sec. 205. Operations and services.
Sec. 206. Research and technology development.
Sec. 207. Education and outreach.
Sec. 208. Science Advisory Board.
Sec. 209. Reports.
Sec. 210. Public-private partnerships.
Sec. 211. Reorganization plan.
Sec. 212. Facility evaluation process.
Sec. 213. Administration budget.
Sec. 214. Baselines and cost controls.
Sec. 215. Offshore performance of contracts for the procurement of
goods and services.
TITLE III--NATIONAL OCEAN LEADERSHIP AND COORDINATION
Sec. 301. National Oceans Advisor.
Sec. 302. Committee on Ocean Policy.
Sec. 303. Establishing a coordinated management regime for activities
in Federal waters.
Sec. 304. Council of Advisors on Oceans Policy.
TITLE IV--REGIONAL COORDINATION AND ECOSYSTEM 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. Ocean ecosystem resource information systems.
Sec. 406. Regulations.
Sec. 407. Other authority.
Sec. 408. Authorization of appropriations.
TITLE V--OCEAN AND GREAT LAKES CONSERVATION TRUST FUND
Sec. 501. Establishment of fund.
Sec. 502. Limitation on use of available amounts for administration.
Sec. 503. Recordkeeping requirements.
Sec. 504. Maintenance of effort and matching funding.
Sec. 505. Community assistance formula and payments.
Sec. 506. Approval of State funding and spending plans.
Sec. 507. Special postage stamp.
TITLE VI--ADMINISTRATION FUNDING
Sec. 601. Authorization of appropriations.
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) The National Oceanic and Atmospheric Administration is
the lead ocean agency in the United States, performing critical
services and activities for the nation and its citizens.
(3) Recent reports by the United States Commission on Ocean
Policy and the Pew Oceans Commission call for, among other
things--
(A) a more comprehensive and integrated ecosystem-
based management approach to address current and future
ocean and coastal challenges;
(B) coordination and increased efficiency of ocean
governance;
(C) a strengthened National Oceanic and Atmospheric
Administration to enhance its ability to fulfill its
core missions; and
(D) the need for a dedicated source of funds for
improved management and understanding of ocean and
coastal resources.
(4) Consistent with customary international law, the United
States exercises sovereign rights over ocean resources within
United States ocean waters.
(5) 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.
(6) 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.
(7) Marine, terrestrial, and atmospheric systems are
interdependent, requiring that policy, information transfer,
and the management of human activities be coordinated across
systems.
(8) 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.
(9) 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.
(10) These threats are exacerbated by the legal and
geographic fragmentation of authority over ocean space and
ocean resources.
(11) Activities harming coastal and marine ecosystems
jeopardize the economies and social structure of coastal
communities dependent on these resources.
(12) Healthy marine ecosystems provide more goods and
services, such as seafood and tourism opportunities, than
degraded marine ecosystems.
(13) 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 ocean waters and resources.
(14) To better enable the various levels of government with
authority over coastal and ocean waters, habitats, and
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
regarding all covered actions that may significantly affect
United States ocean waters and ocean resources;
(2) requiring covered actions to be consistent with the
policies and standards of this Act;
(3) setting clear standards against which compliance with
the national oceans policy can be measured;
(4) providing standards through which compliance with this
Act can be assured;
(5) promoting ecologically sustainable ocean resource use
and management by strengthening and empowering ocean governance
on regional and Federal levels;
(6) promoting ecosystem-based approaches to management of
ocean waters and resources;
(7) enhancing responsible ocean stewardship through
education, information collection, and citizen involvement; and
(8) establishing a ocean and great lakes conservation trust
fund to support the purposes and policies of this Act.
SEC. 4. DEFINITIONS.
In this Act:
(1) United states ocean waters or oceans.--The term
``United States ocean waters'' or ``oceans'' 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.
(2) Coastal waters.--The term ``coastal waters'' means the
waters within the coastal zone as defined in section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1453), which
includes such waters as bays and estuaries.
(3) Ocean resources or coastal resources.--The term ``ocean
resources'' or ``coastal resources'' means any living,
nonliving, or cultural amenity in United States ocean waters or
coastal waters.
(4) Covered action.--The term ``covered action'' means any
activity affecting United States ocean or coastal waters or
resources, that is authorized (including the issuance of a
Federal license or permit), carried out, or funded by a Federal
agency.
(5) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration provided for in
section 201.
(6) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(7) Advisor.--The term ``Advisor'' means the National
Oceans Advisor appointed under section 301.
(8) 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.
(9) Biological diversity.--The term ``biological
diversity'' means a collection of genomes, species, and
ecosystems occurring in a geographically defined region.
(10) 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.
(11) Marine.--The term ``marine'' includes of or relating
to United States ocean and coastal waters.
(12) 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.
(13) 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.
(14) 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 non-target 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.
(15) Important ecological area.--The term ``Important
Ecological Area'' means an area that contributes significantly
to the health of the local or larger marine ecosystem, such as
areas that are critical habitats because they are breeding,
feeding, spawning or nursery grounds for one or more species
and/or are especially unique or sensitive marine ecosystems.
(16) Federal agency.--The term ``Federal agency'' means any
department, agency, or instrumentality of the United States.
(17) Regional ocean partnerships.--The term ``Regional
Ocean Partnerships'' means such a council established by the
Administrator under section 402.
(18) Ocean region.--The term ``ocean region'' means such a
region designated under section 402(b).
(19) 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.
(20) 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)).
(21) Coastal population density.--The term ``coastal
population density'' means the population as determined by the
most recent census data in the State's coastal zone as
determined pursuant to the Coastal Zone Management Act of 1972
(16 U.S.C. 1451 et seq.).
(22) 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.
(23) Precautionary approach.--The term ``precautionary
approach'' means the approach used to ensure the health and
sustainability of marine ecosystems for the benefit of current
and future generations, in which lack of full scientific
certainty shall not be used as a justification for postponing
action to prevent environmental degradation.
TITLE I--ESTABLISHMENT OF A NATIONAL OCEANS POLICY
SEC. 101. NATIONAL OCEANS POLICY.
(a) Policy.--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 current and future
generations of Americans.
(b) National Standards.--
(1) In general.--To the fullest extent possible, the
policies, regulations, and Public Laws of the United States
shall be interpreted and administered by any Federal agency in
accordance with the policy in subsection (a) for any covered
actions.
(2) Covered actions.--
(A) Covered actions affecting United States ocean
waters or ocean resources must be conducted in a manner
that is consistent with the protection, maintenance,
and restoration of healthy ecosystems.
(B) 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--
(i) is not likely to significantly harm the
health of any marine ecosystem; and
(ii) is not likely to significantly impede
the restoration of the health of any marine
ecosystem.
(C) 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 using the precautionary
approach to ensure protection, maintenance, and
restoration of healthy marine ecosystems.
(D) Adverse social and economic impacts on
communities that are significantly resource dependent
shall be minimized to the extent practicable, while
remaining consistent with other provisions of this Act
that include the other national standards under this
subsection. Consideration of impacts on resource
dependent communities shall include, but not be limited
to, cumulative impacts.
(c) Regulations.--Within 1 year after the date of enactment of this
Act, the Administrator, in consultation with the Committee on Ocean
Policy, shall issue such regulations as are necessary to implement this
section of the Act.
(d) Implementation.--Each Federal agency that undertakes,
authorizes, or funds a covered action shall ensure, in consultation
with and with the assistance of the Administrator, that any covered
action by such agency complies with the policy and national standards
in subsection (a) and (b) of this section, in accordance with the
following schedule:
(1) Not less than 180 days prior to taking final agency
action on a covered action, the head of each Federal agency
shall certify whether the action complies with the policy and
national standards, and submit the certification to the
Administrator for review.
(2) Not later than 90 days after receipt of the agency's
certification under subparagraph (a), the administrator shall
determine whether he concurs with the agency's finding and
provide the head of such agency a written analysis documenting
the basis for the administrator's determination. this analysis
shall include--
(A) a summary of the information on which the
Administrator's determination is based;
(B) a detailed assessment of the effects the
covered action has on marine ecosystem health; and
(C) recommendations to remedy any identified
deficiencies.
(e) Savings Clause.--Nothing in this Act shall be construed to
supersede or diminish the authority and responsibility, under any other
provision of law, of any Federal agency or State, or any political
subdivision thereof, to establish or implement more stringent
requirements to conserve ocean resources.
(f) Judicial Review.--Regulations promulgated by the Administrator
and determinations on covered actions, under this section of the Act,
shall be subject to judicial review to the extent authorized by, and in
accordance with, chapter 7 of title 5, United States Code.
TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ORGANIC ACT
SEC. 201. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
(a) In General.--There shall be an agency known as the National
Oceanic and Atmospheric Administration. Reorganization Plan No. 4 of
1970 shall have no further force or effect.
(b) Mission.--The mission of the administration is to--
(1) act as the nonmilitary Federal agency with
responsibility for providing oversight of all United States
coastal, ocean, and Great Lakes waters and resources;
(2) understand the systems of the Earth's oceans and
atmosphere and predict changes in the Earth's oceans and
atmosphere and the effects of such changes on the land
environment;
(3) conserve and manage coastal, ocean, and Great Lakes
resources and ecosystems to meet national economic, social, and
environmental needs, and promote the ecologically sustainable
use of these resources so such future needs of the nation can
be met;
(4) protect, maintain, and restore the health of coastal,
ocean, and Great Lakes ecosystems; and
(5) educate the public about these topics.
(c) Functions.--The functions of the Administration, through which
it shall carry out the policy and standards set forth in section 101,
shall include--
(1) conducting and supporting basic and applied research,
development, and technology transfer as may be necessary to
carry out the mission described in subsection (b);
(2) protecting, restoring, and maintaining the health and
sustainability of the coasts, oceans, and Great Lakes through
ecosystem-based research, development, demonstration, and
management;
(3) collecting, through observation and other means,
communicating, analyzing, processing, and disseminating
comprehensive scientific data and information about weather and
climate, solar and geophysical events on the Sun and in the
space environment, and about the coasts, oceans, Great Lakes,
upper reaches of estuaries, and hydrologic systems;
(4) operating and maintaining a system for the storage,
retrieval, and dissemination of data relating to weather and
climate, solar and geophysical events on the Sun and in the
space environment, and about the coasts, oceans, Great Lakes,
upper reaches of estuaries, and hydrologic systems;
(5) using observational data and technologies developed by
other Federal agencies to improve the Administration's
operations;
(6) coordinating efforts of Federal agencies with respect
to meteorological and oceanic services, and acting as a focal
point regarding oceans research and management;
(7) using the best available technology to explore and map
the coastal, ocean, and Great Lakes waters of the United
States, and work collaboratively with other countries to use
the best available technology to explore and map their coastal
and ocean waters and other significant water bodies, in order
to better understand ocean dynamics;
(8) issuing weather, water, climate, space weather,
tsunami, and other forecasts and warnings related to Earth's
oceans and atmosphere as to enhance society's preparedness for
responding to such weather-related conditions;
(9) working with other Federal agencies, State, tribal, and
local governments, and the public to improve regional
coordination and integration and promote ecosystem-based
management of coasts, oceans, and Great Lakes;
(10) understanding the science of Earth's climate and the
impact of related systems on climate variability and change,
and undertaking research and development to enhance society's
ability to plan for and respond to climate variability and
change;
(11) administering public outreach and education programs
and services to increase scientific and environmental literacy
about--
(A) coasts, oceans, Great Lakes, upper reaches of
estuaries, and hydrologic systems;
(B) weather and climate;
(C) solar and geophysical events on the Sun and in
the space environment; and
(D) direct and indirect human impacts on the
systems of Earth's oceans, atmosphere, and related
systems;
(12) providing, as appropriate and in cooperation with the
Secretary of State, representation at all international
meetings and conferences relating to the mission of the
Administration, including meteorological, climate, and Earth
and ocean observing issues;
(13) any other function assigned to the Administration by
law; and
(14) such other functions as are necessary to accomplish
the mission described in subsection (b).
SEC. 202. ADMINISTRATION LEADERSHIP.
(a) Under Secretary of Commerce for Oceans and Atmosphere and
Administrator.--
(1) In general.--There shall be, as the Administrator of
the Administration, an Under Secretary of Commerce for Oceans
and Atmosphere. The Administrator 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 shall be 6
years, with eligibility for reappointment.
(2) Functions.--The Administrator, as head of the
Administration, shall be responsible for--
(A) ensuring that the functions of the
Administration under section 201(c) are fulfilled;
(B) general management and supervision of the
operations of the Administration;
(C) policy development and guidance;
(D) formulation, guidance, and execution of budget
for the Administration, including submission of annual
budget requests to the Director of the Office of
Management and Budget;
(E) serving as the Department of Commerce official
for all ocean and atmosphere issues with other elements
of the Department of Commerce and with other Federal
agencies, State, tribal, and local governments, and the
public; and
(F) such other duties with respect to the
Administration as the Secretary may prescribe.
(3) Delegation of authority.--The Administrator may, except
as otherwise prohibited by law--
(A) delegate any functions, powers, or duties of
the Administrator to such officers and employees of the
Administration as the Administrator may designate; and
(B) authorize such successive redelegations of such
functions, powers, or duties within the Administration
as the Administrator considers necessary or
appropriate.
(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.
(5) Authorities.--
(A) In general.--As may be necessary or proper to
carry out the Administration's functions under this Act
or as otherwise provided by law, the Administrator
may--
(i) promulgate rules and regulations;
(ii) hire personnel, including the
selection, appointment, distribution,
supervision, compensation, and separation of
personnel;
(iii) enter into and perform contracts,
leases, grants, and cooperative agreements with
Federal agencies, State and local governments,
regional and interstate agencies, Indian
tribes, international organizations, foreign
governments, educational institutions, research
institutions, nonprofit organizations, and
commercial organizations;
(iv) use, with their consent, and with or
without reimbursement, the services, equipment,
personnel, and facilities of other departments,
agencies, and instrumentalities of the Federal
Government;
(v) conduct education and outreach in
direct support of the mission described in
section 201(b);
(vi) 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;
(vii) procure services of experts and
consultants in accordance with section 3109 of
title 5, United States Code; and
(viii) prescribe external affairs,
including legal, legislative, and public
affairs.
(B) Exception.--The authorities conferred on the
Administrator by this paragraph do not include the
authority to contract for services that are an
inherently governmental function as defined in section
5 of the Federal Activities Inventory Reform Act of
1998 (31 U.S.C. 501 note).
(b) Assistant Secretary for Oceans and Atmosphere and Deputy
Administrator.--
(1) In general.--There shall be, as Deputy Administrator of
the Administration, an Assistant Secretary of Commerce for
Oceans and Atmosphere. The Deputy Administrator shall be
appointed by the President, by and with the advice and consent
of the Senate. The Deputy Administrator shall be the
Administrator's first assistant for purposes of subchapter III
of chapter 33 of title 5, United States Code.
(2) Functions.--The deputy administrator shall--
(A) serve as an advisor to the Administrator on all
program and policy issues;
(B) perform such functions and exercise such powers
as the Administrator may prescribe; and
(C) act as Administrator during the absence or
disability of the Administrator or in the event of a
vacancy in the office of Administrator.
(3) Pay.--The Assistant Secretary shall be paid at the rate
of basic pay for level IV of the Executive Schedule.
(c) Deputy Under Secretary for Oceans and Atmosphere and Chief
Operating Officer.--
(1) In general.--There shall, be as the Chief Operating
Officer of the Administration, a Deputy Under Secretary of
Commerce for Oceans and Atmosphere. The Deputy Under Secretary
shall be appointed by the Secretary. The position of Deputy
Under Secretary shall be a Senior Executive Service position
authorized under section 3133 of title 5, United States Code.
(2) Functions.--The Deputy Under Secretary shall--
(A) ensure the timely and effective implementation
of Administration policies and objectives;
(B) be responsible for all aspects of the
Administration's operations and management, including
budget, financial operations, information services,
facilities, human resources, procurements, and
associated services;
(C) act as Assistant Secretary during the absence
or disability of the Assistant Secretary or in the
event of a vacancy in such position; and
(D) perform such other duties as the Administrator
shall prescribe.
(d) Deputy Assistant Secretaries.--
(1) In general.--There may be in the Administration no more
than three Deputy Assistant Secretaries.
(2) Functions.--The functions of the Deputy Assistant
Secretaries shall be designated by the Secretary and must be
consistent with at least one of the three primary functions of
the Administration--
(A) assessment, prediction, and operations;
(B) management, especially ecosystem-based; and
(C) research and education.
(3) Qualifications.--The Deputy Assistant Secretaries shall
be appointed by the Secretary 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. The positions of Deputy Assistant
Secretaries shall be Senior Executive Service positions
authorized under section 3133 of title 5, United States Code.
(e) Assistant Administrators.--
(1) In general.--There shall be in the Administration no
more than five Assistant Administrators who shall head one of
each of the operating offices of the Administration, overseeing
the programs and activities of each such office.
(2) Functions.--The functions of the Assistant
Administrators shall be specified by the Administrator to
fulfill the duties of the offices they oversee and must be
consistent with at least one of the three primary functions of
the Administration, while minimizing overlap of such functions
between them, including--
(A) assessment, prediction, and operations;
(B) management, especially ecosystem-based; and
(C) research and education.
(3) Qualifications.--Each Assistant Administrator shall be
appointed by the Administrator 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 shall be designated by the Secretary and
must be consistent with at least one of the three primary
functions of the Administration--
(A) assessment, prediction, and operations;
(B) management, especially ecosystem-based; and
(C) research and education.
(f) General Counsel.--
(1) In general.--There shall be in the Administration a
General Counsel. The General Counsel shall be appointed by the
Secretary. The General Counsel shall be paid at the rate of
basic pay for level V of the Executive Schedule.
(2) Functions.--The General Counsel shall--
(A) serve as 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
(B) perform such other functions and exercise such
powers as the Administrator may prescribe.
(g) Continuation of Service.--Any individual serving on the
effective date of this Act in a position provided for in this Act may
continue to serve in that position until a successor is appointed under
this Act. Nothing in this Act shall be construed to require the
appointment of a successor under this Act sooner than would have been
required under law as in effect before the effective date of this Act.
SEC. 203. NATIONAL WEATHER SERVICE.
(a) In General.--The Secretary shall maintain within the
Administration the National Weather Service.
(b) Mission.--The mission of the National Weather Service is to
provide weather, water, climate, tsunami, and space weather forecasts
and warnings for the United States, its territories, adjacent waters,
and ocean areas for the protection of life and property and the
enhancement of the national economy. In carrying out the mission of the
National Weather Service, the Administrator shall ensure that the
National Weather Service--
(1) provides timely and accurate weather, water, climate,
tsunami, and space weather forecasts; and
(2) provides timely and accurate warnings of natural
hazards related to weather, water, climate, and tsunamis, and
of space weather hazards.
(c) Functions.--To accomplish the mission described in section
201(b), and in addition to the functions described in section 201(c),
the functions of the National Weather Service shall include--
(1) maintaining a network of local weather forecast
offices;
(2) maintaining a network of observation systems to collect
weather and climate data;
(3) operating national centers to deliver guidance,
forecasts, warnings, and analysis about weather, water,
climate, tsunami, and space weather phenomena for the
Administration and the public;
(4) providing information to Federal agencies and other
organizations responsible for emergency preparedness and
response as required by law;
(5) conducting and supporting applied research to
facilitate the rapid incorporation of weather and climate
science advances into operational tools; and
(6) other functions to serve the mission of the National
Weather Service described in subsection (b).
SEC. 204. RESOURCE MANAGEMENT.
(a) In General.--The Secretary shall maintain within the
Administration programs to protect, maintain and restore the health and
sustainability of coastal, ocean, and Great Lakes resources through
ecosystem-based management.
(b) Functions.--To accomplish the mission described in section
201(b), and in addition to the functions described in section 201(c),
the resource management aspects of the Administration shall take an
ecosystem-based approach to fulfilling its responsibilities with
respect to--
(1) management of domestic and international fisheries for
increased sustainability;
(2) conservation of marine mammals, protected species,
coral reefs, and other living marine resources;
(3) protection and management of ocean and coastal areas,
including areas designated under the National Marine Sanctuary,
National Estuarine Research Reserve, and National Monument
systems, other managed areas, areas considered essential fish
habitat, and other important ecological areas as appropriate;
(4) management of coastal zones and watersheds;
(5) response to, mitigation of, and adequate compensation
for pollution events, including oil and other hazardous waste
spills;
(6) restoration of degraded coastal and ocean areas,
including through a community-based approach;
(7) partnerships with other Federal agencies and with
States and communities to address the issues of land-based
activities and their impact on the ocean environment;
(8) mitigation of the impacts of natural and manmade
hazards;
(9) control and minimization of invasive species
proliferation and marine debris;
(10) assessment, monitoring, and promotion of the long-term
health, productivity, and diversity of the coasts, oceans, and
Great Lakes, and their natural resources; and
(11) such other ecosystem-based resource management
functions to serve the mission of the Administration as the
Administrator may prescribe.
SEC. 205. OPERATIONS AND SERVICES.
(a) In General.--The Secretary shall maintain within the
Administration programs to support efforts, on a continuing basis, to
collect data and provide information and products regarding satellites,
observations, and coastal, ocean and Great Lakes information.
(b) Functions.--To accomplish the mission described in section
201(b), and in addition to the functions described in section 201(c),
the operations and service functions of the Administration include--
(1) acquiring, managing, and operating coastal, ocean, and
Great Lakes observing systems;
(2) contributing to the operation of a global Earth-
observing system;
(3) integrating Administration remote sensing and in situ
assets that provide critical data needed to support the mission
of the Administration, and providing that data to decision-
makers and the public;
(4) developing, acquiring, and managing operational
environmental satellite programs and associated ground control
and data acquisition and delivery facilities to support the
mission of the Administration;
(5) managing and distributing atmospheric, geophysical, and
marine data and data products for the Administration through
national environmental data centers;
(6) providing for long-term stewardship of environmental
data, products, and information via data processing, storage,
reanalysis, reprocessing, and archive facilities;
(7) issuing licenses for private remote sensing space
systems under the Land Remote Sensing Policy Act of 1992;
(8) administering a national water level observation
network, which shall include monitoring of the Great Lakes;
(9) providing charts and other information for safe
navigation of the oceans and inland waters, as provided by law;
(10) maintaining a fleet of ships and aircraft to support
the mission of the Administration; and
(11) such other operations and services functions to serve
the mission of the Administration as the Administrator may
prescribe.
SEC. 206. RESEARCH AND TECHNOLOGY DEVELOPMENT.
(a) In General.--The Secretary shall maintain within the
Administration programs to conduct and support research and the
development of technologies relating to weather, climate, and the
coasts, oceans, and Great Lakes.
(b) Functions.--To accomplish the mission described in section
201(b), and in addition to the functions described in section 201(c),
the research and development functions of the Administration shall
include--
(1) conducting and supporting research and technology
development to improve the Administration's capabilities to
collect, through observation and otherwise, communicate,
analyze, process, and disseminate comprehensive scientific data
and information about weather, climate, and the coasts, oceans,
and Great Lakes;
(2) improving ecological prediction and management
capabilities through ecosystem-based research and technology
development;
(3) contributing information on the Earth's climate and
related systems, obtained through research and observation,
that addresses questions confronting policymakers, resources
managers, and other users;
(4) reducing uncertainty in projections of how the Earth's
climate and related systems may change in the future;
(5) conducting and supporting research and development of
technology for exploration of the oceans;
(6) maintaining a system of laboratories to perform the
functions described in this subsection;
(7) supporting extramural peer-reviewed competitive grant
programs to assist the Administration in performing the
functions described in this subsection; and
(8) such other research and technology development
functions to serve the mission of the Administration as the
Administrator may prescribe.
SEC. 207. EDUCATION AND OUTREACH.
(a) In General.--The Secretary shall maintain within the
Administration the Office of Education.
(b) Mission.--The mission of the Office of Education is to conduct
and support education programs and outreach activities related to
oceans and atmosphere, and to provide interagency and intra-agency
coordination of such programs and activities on the national, regional,
State, and local levels.
(c) Functions.--To accomplish the mission described in section
201(b), and in addition to the functions described in section 201(c),
the education and outreach functions of the Administration, through the
Office of Education, shall include--
(1) fostering the public's ability to understand and
integrate scientific information into considerations of
national environmental issues through education and public
outreach activities;
(2) informing the public about how the Earth's climate and
related systems may change in the future, based on the best
available science;
(3) supporting and partnering with educational institutions
to foster ocean literacy and promote the ocean workforce,
especially minority-serving institutions;
(4) support professional development and a program for
certification of individuals engaged in commercial uses of
ocean waters;
(5) create and implement effective approaches to
disseminate agency products and ocean information to the
general public, including improving access to the
Administration's educational resources; and
(6) such other education and outreach functions to serve
the mission of the Administration as the Administrator may
prescribe.
SEC. 208. SCIENCE ADVISORY BOARD.
(a) In General.--There shall be within the Administration a Science
Advisory Board, which shall provide such scientific advice as may be
requested by the Administrator, the Committee on Commerce, Science, and
Transportation of the Senate, or the Committee on Science or on
Resources of the House of Representatives.
(b) Purpose.--The purpose of the Science Advisory Board is to
advise the Administrator and Congress on long-range and short-range
strategies for research, education, and the application of science to
coastal, ocean, and Great Lakes resource management and environmental
assessment and prediction.
(c) Members.--
(1) In general.--The Science Advisory board shall be
composed of at least 15 members appointed by the administrator.
Each member of the board shall--
(A) be qualified by education, training, and
experience to evaluate scientific and technical
information on matters referred to the Board under this
section; and
(B) collectively represent a balanced group of
experts reflecting the full breadth of the
Administration's areas of responsibility.
(2) Terms of service.--Members shall be appointed for 3-
year terms, renewable once, and shall serve at the discretion
of the Administrator. An individual serving a term as a member
of the Science Advisory Board on the date of enactment of this
Act may complete that term, and may be reappointed once for
another term of 3 years unless the term being served on such
date of enactment is the second term served by that individual.
Vacancy appointments shall be for the remainder of the
unexpired term of the vacancy, and an individual so appointed
may subsequently be appointed for 2 full 3-year terms if the
remainder of the unexpired term is less than one year.
(3) Chairperson.--The Administrator shall designate a
chairperson from among the members of the Board.
(4) Appointment.--Members of the Science Advisory Board
shall be appointed as special Government employees, within the
meaning given such term in section 202(a) of title 18, United
States Code, and subject to the ethical standards therein.
(d) Administrative Provisions.--
(1) Reporting.--The Science Advisory Board shall report to
the Administrator and the appropriate requesting party.
(2) Administrative support.--The Administrator shall
provide administrative support to the Science Advisory Board.
(3) Meetings.--The Science Advisory Board shall meet at
least twice each year, and at other times at the call of the
Administrator or the Chairperson.
(4) Compensation and expenses.--A member of the Science
Advisory Board shall not be compensated for service on such
board, but 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.
(5) Subcommittees.--The Science Advisory Board may
establish such subcommittees of its members as may be
necessary. The Science Advisory Board may establish task forces
and working groups consisting of Board members and outside
experts as may be necessary.
(e) Federal Advisory Committee Act.--
(1) In general.--The Federal Advisory Committee Act (5 App.
U.S.C.) shall not apply to the Science Advisory Board.
(2) Compliance.--Notwithstanding paragraph (1), the Science
Advisory Board shall be appointed and operate in a manner
consistent with all provisions of the Federal Advisory
Committee Act with respect to--
(A) the balance of its membership;
(B) provision of public notice regarding its
activities;
(C) open meetings; and
(D) public access to documents created by Science
Advisory Board.
SEC. 209. REPORTS.
(a) Report on Status of Ocean Ecosystems and Resources.--
(1) Contents.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall develop a
baseline report on the status and condition of the ocean
ecosystems and resources under United States jurisdiction. Once
every 3 years thereafter, there shall be updates to the report.
In preparing the report, the Administrator shall consult with
the heads of other departments and agencies as appropriate. The
plan shall include--
(A) a description of the related activities of the
Administration to perform its functions under section
201(c) during the period covered by the report;
(B) an assessment of the status and condition of
the health of ecosystems in United States coastal,
ocean, and Great Lakes waters;
(C) an analysis of past, current, and projected
trends in the quality, management, and utilization of
United States coastal, ocean, and Great Lakes waters
and the effects of those trends on the economic,
social, educational, ecological, and other needs of the
United States;
(D) 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 coastal, ocean, and Great
Lakes waters and on the conservation, development, and
utilization of coastal, ocean, and Great Lakes
resources;
(E) an analysis of whether the programs and
activities (including regulatory activities) of the
Administration fully implemented the national oceans
policy under section 3 during the period covered by the
report; and
(F) a program for remedying the deficiencies of
existing programs and activities, including
recommendations for legislation and funding priorities.
(2) Transmittal to congress.--The Administrator shall
transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources of
the House of Representatives the report, and subsequent
reports, as outlined in paragraph (1) upon completion.
(b) Report on Data Management, Archival, and Distribution.--
(1) Contents.--Not later than 1 year after the date of
enactment of this Act, and once every 5 years thereafter, the
Administrator shall do the following:
(A) Enter into an arrangement with the National
Academy of Sciences to review the environmental data
and information systems of the Administration and to
provide recommendations to address any inadequacies
identified by the review. The review shall assess the
adequacy of the environmental data and information
systems of the Administration to--
(i) provide adequate capacity to manage,
archive and disseminate environmental
information collected and processed, or
expected to be collected and processed, by the
Administration, including data gathered by
other agencies that is processed or stored by
the Administration;
(ii) establish, develop, and maintain
information bases, including necessary
management systems, which will provide for
consistent, efficient, and compatible transfer
and use of data;
(iii) develop effective interfaces among
the environmental data and information systems
of the Administration and other appropriate
departments and agencies;
(iv) develop and use nationally accepted
formats and standards for data collected by
various national and international sources;
(v) integrate and interpret data from
different sources to produce information that
can be used by decision-makers in developing
policies that effectively respond to national
and global environmental concerns; and
(vi) reanalyze and reprocess the archived
data as better science is developed to
integrate diverse data sources.
(B) Develop a strategic plan, with respect to the
environmental data and information systems of the
Administration, to--
(i) respond to each of the recommendations
in the review conducted under subparagraph (A);
(ii) set forth modernization and
improvement objectives for an integrated
national environmental data access and archive
system for the 10-year period beginning with
the year in which the plan is transmitted,
including facility requirements and critical
new technology components that would be
necessary to meet the objectives set forth;
(iii) propose specific Administration
programs and activities for implementing the
plan;
(iv) identify the data and information
management, reanalysis, reprocessing, archival,
and distribution responsibilities of the
Administration with respect to other Federal
departments and agencies and international
organizations; and
(v) provide an implementation schedule and
estimate funding levels necessary to achieve
modernization and improvement objectives.
(2) Transmittal to congress.--Not later than 18 months
after the date of enactment of this Act, the Administrator
shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science of
the House of Representatives the initial review and strategic
plan developed under paragraph (1). Subsequent reviews and
strategic plans developed under paragraph (1) shall also be
transmitted to those committees upon completion.
(c) Strategic Plan for Research and Development.--
(1) Contents.--Not later than 1 year after the date of
enactment of this Act, and once every 5 years thereafter, the
Administrator shall develop a strategic plan for research and
development at the Administration. The plan shall include--
(A) an assessment of the science and technology
needs of the Administration based on the
Administration's operational requirements and on input
provided by external stakeholders at the national,
regional, State, and local levels; and
(B) a strategic plan that assigns specific programs
within the administration the responsibility to meet
each need identified under subparagraph (A) and that
describes the extent to which each need identified in
subparagraph (A) will be addressed through--
(i) intramural research;
(ii) extramural, peer-reviewed, competitive
grant programs; and
(iii) work done in cooperation with other
Federal agencies.
(2) National academy of sciences review.--The Administrator
shall enter into an arrangement with the National Academy of
Sciences for a review of the plan developed under paragraph
(1).
(3) Transmittal to congress.--Not later than 18 months
after the date of enactment of this Act, the Administrator
shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science of
the House of Representatives the initial strategic plan
developed under paragraph (1) and the review prepared pursuant
to paragraph (2). Subsequent strategic plans developed under
paragraph (1) shall also be transmitted to those committees
upon completion.
(d) Other Reports.--
(1) The Administrator shall submit to Congress other
reports and written notifications as explicitly described
elsewhere in this Act.
(2) Nothing in this section shall be construed to waive any
other reporting required of the Administrator prior to
enactment of this Act.
SEC. 210. PUBLIC-PRIVATE PARTNERSHIPS.
Not less than once every 5 years, the Secretary shall develop and
submit to Congress a policy that defines processes for making decisions
about the roles of the Administration, the private sector, and the
academic community in providing environmental information, products,
technologies, and services. The first such submission shall be
completed not less than 3 years after the date of enactment of this
Act. At least 90 days before each submission of the policy to Congress,
the Secretary shall publish the policy in the Federal Register for a
public comment period of not less than 60 days. Nothing in this section
shall be construed to require changes in the policy in effect on the
date of enactment of this Act.
SEC. 211. REORGANIZATION PLAN.
(a) In General.--The Administrator shall develop a reorganization
plan for the Administration as described in this section, and in
accordance with section 101. In developing the plan, the Administrator
shall consult with interested parties, including the States, academia,
industry, conservation organizations, and Administration employees.
(b) Content.--The plan, to the greatest extent practicable, shall--
(1) consider aspects of the administration, such as--
(A) leadership positions and roles;
(B) program offices and duties;
(C) regional and ecosystem-wide approaches to
management;
(D) coordination with outside entities, both
nationally and internationally; and
(E) needs to expand or downsize employees and/or
facilities.
(2) consistent with section 201 and the other provisions of
this Act, maximize the efficiency with which the Administration
carries out and assures the effectiveness of the functions of--
(A) operations and services;
(B) research and education; and
(C) resource management;
(3) improve the sharing of research and other information
that is of use across programmatic themes; and
(4) eliminate duplication of effort or overlapping efforts
among offices.
(c) Schedule.--
(1) Not later than 18 months after the date of enactment of
this Act, the Administrator shall develop the plan and shall
publish the plan in the Federal Register.
(2) The Federal Register notice shall solicit comments for
a period of 60 days.
(3) Not later than 120 days after the expiration date of
the comment period described in paragraph (2), the
Administrator shall complete a revised version of the plan that
takes into account the comments received.
(4) Upon completing the revision, along with an explanation
of how the administrator addressed each issue raised by the
public comments received, the administrator shall--
(A) transmit the revised plan and explanation to
the National Oceans Advisor, established in section 301
for review;
(B) transmit the revised plan and explanation to
the Committee on Commerce, Science, and Transportation
of the Senate and the Committees on Science and on
Resources of the House of Representatives for review;
and
(C) publish the revised plan and explanation in the
Federal Register.
(d) Implementation.--If no objections are received from the
National Oceans Advisor or Congress within 90 days of transmittal of
the revised plan, the Administrator shall implement the such plan.
(e) Reporting.--
(1) Administration internal review.--Once every 3 years
after implementation of the reorganization plan, the
Administrator shall transmit a report to Congress assessing the
effectiveness and efficiency of the Administration in carrying
out its functions and fulfilling its mission, as set forth in
sections 201(b) and 201(c), respectively;
(2) Government accountability office review.--Not later
than 5 years after the Administration implements the
reorganization plan, and every 5 years thereafter, the
Government Accountability Office shall conduct an independent
review of the effectiveness and efficiency of the
Administration in carrying out its functions and fulfilling its
mission, as set forth in sections 201(b) and 201(c),
respectively. Upon completing the review, the Government
Accountability Office shall transmit a report to Congress with
its findings.
SEC. 212. FACILITY EVALUATION PROCESS.
(a) Definition.--For purposes of this section--
(1) the term ``facility'' means a laboratory, operations
office, administrative service center, or other establishment
of the Administration; and
(2) the term ``field office'' has the same meaning given
that term in section 702 of the Weather Service Modernization
Act.
(b) Public Notification and Assessment Process.--
(1) In general.--The Administrator shall not close,
consolidate, relocate, subdivide, or establish a facility of
the Administration, unless and until the Administrator has
followed the procedures required by this section.
(2) Review process.--The Administrator shall not close,
consolidate, relocate, subdivide, or establish a facility of
the Administration with an annual operating budget of
$5,000,000 or greater, or a National Weather Service field
office, unless and until--
(A) the Administrator has published in the Federal
Register the proposed action and a description of the
offices, personnel, and activities of the
Administration that would be affected by the proposed
change, and has provided for a minimum of 60 days for
public comment;
(B) if the proposed change involves a science
facility of the Administration, the Science Advisory
Board has reviewed the proposed change and provided to
the Administrator written findings regarding the
proposed change;
(C) if the proposed change involves a National
Weather Service field office, the Administrator has
prepared a report including--
(i) a description of local weather
characteristics and weather-related concerns
which affect the weather services provided
within the service area;
(ii) a detailed comparison of the services
provided within the service area and the
services to be provided after the proposed
change;
(iii) a description of any recent or
expected modernization of National Weather
Service operations which will enhance services
in the service area;
(iv) an identification of any area within
any State which would not receive coverage (at
an elevation of 10,000 feet) due to the
proposed change; and
(v) evidence, based on operational
demonstration of National Weather Service
operations, which was considered in reaching
the conclusion that no degradation in service
will result from the proposed change;
(D) the Administrator has prepared an analysis of
the anticipated costs and savings associated with the
proposed facility change, including both costs and
savings in the first fiscal year following the change,
and changes in operations and maintenance costs and
savings over a ten-year period; and
(E) the Administrator has prepared an analysis of
the effects of the facility change on operations and
research of the Administration, and the potential
impacts on cooperative institutes, other external
Administration partnerships, partnerships with other
Federal agencies, and any State and local partnerships.
(3) Notice to congress.--
(A) The Administrator shall provide to Congress, at
least 90 days before any closure, consolidation,
relocation, subdivision, or establishment of a facility
of the Administration with an annual budget of
$5,000,000 or greater, or any National Weather Service
field office, a summary of the public comments received
pursuant to paragraph (2)(A), any written findings
prepared under paragraph (2)(B), any report prepared
under paragraph (2)(C), and the analyses prepared under
paragraph (2)(D) and (E).
(B) The Administrator shall provide to Congress, at
least 90 days before any closure, consolidation,
relocation, subdivision, or establishment of a facility
of the Administration not described in subparagraph
(A), written notification of the planned closure,
consolidation, relocation, subdivision, or
establishment.
(c) National Weather Service Modernization.--Nothing in this Act
shall be construed to alter the Weather Service Modernization Act (15
U.S.C. 313 note).
SEC. 213. ADMINISTRATION BUDGET.
(a) Examination.--When the Administrator submits the annual budget
request for the Administration and its programs to the Director of the
Office of Management and Budget, examination shall take place within
natural resource programs.
(b) Reprogramming.--Whenever the Administrator transmits a budget
reprogramming request to the Appropriations Committees of the House of
Representatives and the Senate, the Administrator shall simultaneously
submit a copy of the request to the Committee on Science and the
Committee on Resources of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate.
SEC. 214. BASELINES AND COST CONTROLS.
(a) Definitions.--For the purposes of this section--
(1) the term ``development'' means the phase of a program
following the formulation phase and beginning with the approval
to proceed to implementation;
(2) the term ``development cost'' means the total of all
costs, including construction of facilities and civil servant
costs, from the period beginning with the approval to proceed
to implementation through the achievement of operational
readiness, without regard to funding source or management
control, for the life of the program;
(3) the term ``life-cycle cost'' means the total of the
direct, indirect, recurring, and nonrecurring costs, including
the construction of facilities and civil servant costs, and
other related expenses incurred or estimated to be incurred in
the design, development, verification, production, operation,
maintenance, support, and retirement of a program over its
planned lifespan, without regard to funding source or
management control; and
(4) the term ``major program'' means an activity approved
to proceed to implementation that has an estimated life-cycle
cost of more than $250,000,000.
(b) Conditions for Development.--
(1) In general.--The Administration shall not enter into a
contract for the development of a major program unless the
Administrator determines that--
(A) the technical, cost, and schedule risks of the
program are clearly identified and the program has
developed a plan to minimize those risks;
(B) the technologies required for the program have
been demonstrated in a relevant laboratory or test
environment; and
(C) the program complies with all relevant
policies, regulations, and directives of the
Administration.
(2) Report.--The Administrator shall transmit a report
describing the basis for the determination required under
paragraph (1) to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate at least 30 days before entering
into a contract for development under a major program.
(3) Non-delegation.--The Administrator may not delegate the
determination requirement under this subsection, except in
cases in which the Administrator has a conflict of interest.
(c) Major Program Annual Reports.--
(1) Requirement.--Annually, at the same time as the
President's annual budget submission to the Congress, the
Administrator shall transmit to the Committee on Science of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report that
includes the information required by this section for each
major program for which the Administration proposes to expend
funds in the subsequent fiscal year. Reports under this
paragraph shall be known as Major Program Annual Reports.
(2) Baseline report.--The first Major Program Annual Report
for each major program shall include a Baseline Report that
shall, at a minimum, include--
(A) the purposes of the program and key technical
characteristics necessary to fulfill those purposes;
(B) an estimate of the life-cycle cost for the
program, with a detailed breakout of the development
cost, program reserves, and an estimate of the annual
costs until development is completed;
(C) the schedule for development, including key
program milestones;
(D) the plan for mitigating technical, cost, and
schedule risks identified in accordance with subsection
(b)(1)(A); and
(E) the name of the person responsible for making
notifications under subsection (d), who shall be an
individual whose primary responsibility is overseeing
the program.
(3) Information updates.--For major programs for which a
Baseline Report has been submitted, each subsequent Major
Program Annual Report shall describe any changes to the
information that had been provided in the Baseline Report, and
the reasons for those changes.
(d) Notification.--
(1) Requirement.--The individual identified under
subsection (c)(2)(E) shall immediately notify the Administrator
any time that individual has reasonable cause to believe that,
for the major program for which he or she is responsible--
(A) the development cost of the program is likely
to exceed the estimate provided in the Baseline Report
of the program by 15 percent or more; or
(B) a milestone of the program is likely to be
delayed by 6 months or more from the date provided for
it in the Baseline Report of the program.
(2) Reasons.--Not later than 30 days after the notification
required under paragraph (1), the individual identified under
subsection (c)(2)(E) shall transmit to the Administrator a
written notification explaining the reasons for the change in
the cost or milestone of the program for which notification was
provided under paragraph (1).
(3) Notification of congress.--Not later than 15 days after
the Administrator receives a written notification under
paragraph (2), the Administrator shall transmit the
notification to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(e) Fifteen Percent, Six-Month Threshold.--Not later than 30 days
after receiving a written notification under subsection (d)(2), the
Administrator shall determine whether the development cost of the
program is likely to exceed the estimate provided in the Baseline
Report of the program by 15 percent or more, or whether a milestone is
likely to be delayed by 6 months or more. If the determination is
affirmative, the Administrator shall--
(1) transmit to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, not later than 15 days after
making the determination, a report that includes--
(A) a description of the increase in cost or delay
in schedule and a detailed explanation for the increase
or delay;
(B) a description of actions taken or proposed to
be taken in response to the cost increase or delay; and
(C) a description of any impacts the cost increase
or schedule delay, or the actions described under
subparagraph (B), will have on any other program within
the Administration; and
(2) if the Administrator intends to continue with the
program, promptly initiate an analysis of the program, which
shall include, at a minimum--
(A) the projected cost and schedule for completing
the program if current requirements of the program are
not modified;
(B) the projected cost and the schedule for
completing the program after instituting the actions
described under paragraph (1)(B); and
(C) a description of, and the projected cost and
schedule for, a broad range of alternatives to the
program.
The Administration shall complete an analysis initiated under
paragraph (2) not later than 3 months after the Administrator
makes a determination under this subsection. The Administrator
shall transmit the analysis to the Committee on Science of the
House of Representatives and Committee on Commerce, Science,
and Transportation of the Senate not later than 30 days after
its completion.
(f) Thirty Percent Threshold.--If the Administrator determines
under subsection (d) that the development cost of a program will exceed
the estimate provided in the Baseline Report of the program by more
than 30 percent, then, beginning 18 months after the date the
Administrator transmits a report under section (e)(1), the
Administrator shall not expend any additional funds on the program,
other than termination costs, unless the Congress has subsequently
authorized continuation of the program by law. An appropriation for the
specific program enacted subsequent to a report being transmitted shall
be considered an authorization for purposes of this subsection. If the
program is continued, the Administrator shall submit a new Baseline
Report for the program no later than 90 days after the date of
enactment of the Act under which Congress has authorized continuation
of the program.
SEC. 215. OFFSHORE PERFORMANCE OF CONTRACTS FOR THE PROCUREMENT OF
GOODS AND SERVICES.
(a) Limitations.--
(1) Conversions to contractor performance of administration
activities.--Except as provided in paragraph (3), an activity
or function of the Administration that is converted to
contractor performance under Office of Management and Budget
Circular A-76 may not be performed by the contractor or any
subcontractor at a location outside the United States.
(2) Contracts for the procurement of services.--
(A) Except as provided in paragraph (3), a contract
for the procurement of goods or services that is
entered into by the Administrator may not be performed
outside the United States unless it is to meet a
requirement of the Administration for goods or services
specifically at a location outside the United States.
(B) The President may waive the prohibition in
subparagraph (A) in the case of any contract for which
the President determines in writing that it is
necessary in the national security interests of the
United States for goods or services under the contract
to be performed outside the United States.
(C) The Administrator may waive the prohibition in
subparagraph (A) in the case of any contract for which
the Administrator determines in writing that essential
goods or services under the contract are only available
from a source outside the United States.
(3) Exception.--Paragraphs (1) and (2)(A) shall not apply
to the extent that the activity or function under the contract
was previously performed by Federal Government employees
outside the United States.
(4) Consistency with international agreements.--The
provisions of this section shall not apply to the extent that
they are inconsistent with obligations of the United States
under international agreements.
(b) Recordkeeping and Reporting Requirement.--The Administrator
shall transmit to Congress, not later than 120 days after the end of
each fiscal year beginning with the first fiscal year after the date of
enactment of this Act, a report on the contracts and subcontracts
performed overseas and the amount of purchases directly or indirectly
by the Administration from foreign entities in that fiscal year. The
report shall separately indicate--
(1) the contracts and subcontracts and their dollar values
for which the Administrator determines that essential goods or
services under the contract are available only from a source
outside the United States; and
(2) the items and their dollar values for which the Buy
American Act was waived pursuant to obligations of the United
States under international agreements.
TITLE III--NATIONAL OCEAN LEADERSHIP AND COORDINATION
SEC. 301. NATIONAL OCEANS ADVISOR.
(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) Functions.--The Advisor shall--
(1) advise the President on implementation of this Act,
activities of the Committee on Ocean Policy, section 302, and
other covered actions relating to United States ocean and
coastal waters and marine ecosystem health;
(2) serve as the Executive Director and Chair of the
Committee on Ocean Policy established by section 302; and
(3) in consultation with the Administrator, coordinate
Federal agency covered actions related to United States ocean
waters and marine ecosystem health.
(c) Staffing.--
(1) 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.
(2) The Advisor may accept, employ, and terminate voluntary
and uncompensated services in furtherance of the purposes of
the Advisor.
SEC. 302. COMMITTEE ON OCEAN POLICY.
(a) Establishment.--There is established in the Executive Office of
the President a Committee on Ocean Policy (in this title 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) Functions.--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 and
standards set forth in section 101 and make recommendations to
the President with respect thereto no later than 18 months
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 and standards set forth
in section 101;
(5) in coordination with the Administrator, submit to the
President and publish at least once every 3 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) Chair.--The National Oceans Advisor shall be a non-voting
member and the chair of the committee as set forth in section
301(b)(2), and shall, in this capacity, be responsible for--
(1) regularly convening and presiding at meetings of the
Committee;
(2) directing the work of the Committee; and
(3) establishing and directing subcommittees of the
Committee, as appropriate.
(d) Membership.--
(1) In general.--The Committee shall have the following
voting members:
(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 Secretary of Labor
(L) The Attorney General
(M) The Administrator of the Environmental
Protection Agency.
(N) The Director of the Office of Management and
Budget.
(O) The Director of the National Science
Foundation.
(P) Six State Governors appointed by the National
Governors Association, who shall represent State and
local interests.
(Q) The Administrator of the National Aeronautics
and Space Administration.
(R) The Chair of the National Research Council
Governing Board.
(S) The Chair of the Council on Environmental
Quality.
(2) Delegation.--A member of the Committee may designate,
to perform the Committee or subcommittee functions of the
member, any person who is within such member's department,
agency, or office and who is--
(A) an officer of the United States appointed by
the President;
(B) a member of the Senior Executive Service; or
(C) an officer or employee within the Executive
Office of the President.
(3) State governor members.--
(A) Terms.--Of the members appointed under
paragraph (1)(P)--
(i) their term as a member shall be 4
years, with eligibility for reappointment;
(ii) at least 4 shall be Governors of
coastal States; and
(iii) any that cannot serve the full length
of their term shall be replaced by the new
Governor or acting Governor of that State to
carry out the remainder of that term.
(B) Limitation on appointment.--A Governor of a
State may not be appointed under paragraph (1)(P) to a
term on the Committee that begins before the end of the
4-year period that begins upon the expiration of a
prior term on the Committee served by the Governor.
(e) Subcommittees.--The Chair of the Committee, with consultation
with the Administrator, has the authority to create such subcommittees
of the Committee as necessary to help carry out the functions of the
Committee.
(f) Coordination.--The Chair of the Council on Environmental
Quality and the National Oceans Advisor shall ensure appropriate
coordination of the activities of the Committee and other policy
coordination structures relating to ocean or maritime issues.
(g) Funding.--Consistent with applicable law and subject to the
availability of appropriations, the Council on Environmental Quality
shall provide the funding, including through the Office of
Environmental Quality and administrative support for the Committee
necessary to implement this section.
(h) 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.
(i) 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.
(j) Federal Advisory Committee Act.--
(1) In general.--The Federal Advisory Committee Act (5 App.
U.S.C.) shall not apply to the Committee on Ocean Policy, or
any of its subcommittees formed in accordance with section
302(e).
(2) Compliance.--Notwithstanding paragraph (1), the
Committee and its subcommittees shall be appointed and operate
in a manner consistent with all provisions of the Federal
Advisory Committee Act with respect to--
(A) the balance of its of the Committee;
(B) provision of public notice regarding its
activities;
(C) open meetings; and
(D) public access to documents created by the
Committee.
SEC. 303. 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 with
justifications, a plan, and proposed schedule for creating a balanced,
efficient, and effective ecosystem-based management regime for
activities in Federal waters that--
(1) consider the use of ocean zoning and cumulative impacts
of multiple uses;
(2) designate a lead Federal agency for each existing
activity and new activity in Federal waters;
(3) ensure 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) consider possible consolidation of oceanic or
atmospheric programs, functions, services, or resources within
or among Federal agencies, if their consolidation would not
undermine policy goals set forth in this Act;
(5) fully consider the public interest; and
(6) are consistent with the national ocean policy and
standards as set forth in section 101 of this Act.
SEC. 304. COUNCIL OF ADVISORS ON OCEANS POLICY.
(a) Establishment.--There is established the Council of Advisors on
Oceans Policy (in this section referred to as the ``Council''), which
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.
(b) Membership.--The Council shall have at least 15 members
appointed by the president, in consultation with the National Ocean
Advisor established in section 301. Members of the Council shall--
(1) be appointed based on their knowledge and experience in
coastal, ocean, and atmospheric science, policy, and other
related areas; and
(2) include at least 1 representative of each of the
following:
(A) State governments;
(B) Local governments;
(C) Indian tribes;
(D) The marine science research community;
(E) The marine science education community;
(F) Fisheries;
(G) Non-fishing marine activities;
(H) Agriculture, which may include timber;
(I) Watershed organizations (other than
organizations represented under subparagraph (J)),
which may include resource conservation districts; and
(J) Nongovernmental organizations (other than
organizations represented under subparagraph (I)),
including groups interested in marine conservation.
(c) Terms of Membership.--
(1) In general.--Except as provided in paragraph (2), the
term of a member of the Council shall be 4 years.
(2) Initial appointees.--Of the members initially appointed
to the Council--
(A) at least one-half shall be appointed to a 4-
year term that ends in a Federal election year in which
there occurs an election of the President; and
(B) at least one-half shall be appointed to a 4-
year term that ends in a Federal election year in which
there does not occur an election of the President.
(3) 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.
(4) Limitation.--An individual may not serve more than 2
terms as a member of the Council.
(d) Meetings.--The Council shall meet at least 2 times each year
and more often at the President's discretion.
(e) 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.
(f) Federal Advisory Committee Act.--
(1) In general.--The Federal Advisory Committee Act (5 App.
U.S.C.) shall not apply to the Council of Advisors on Oceans
Policy.
(2) Compliance.--Notwithstanding paragraph (1), the Council
shall be appointed and operate in a manner consistent with all
provisions of the Federal Advisory Committee Act with respect
to
(A) the balance of its membership;
(B) provision of public notice regarding its
activities;
(C) open meetings; and
(D) public access to documents created by the
Council.
TITLE IV--REGIONAL COORDINATION AND ECOSYSTEM PLANNING
SEC. 401. FINDINGS.
The Congress finds the following:
(1) Establishing a national network of governance planning
bodies at the regional level is essential for solving many
pressing United States ocean and coastal issues.
(2) 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.
(3) Large marine ecosystems are biogeographically distinct
ecosystem units and provide an appropriate spatial scale for
ecosystem-based regional ocean governance.
(4) 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.
(5) Effective regional ocean governance requires
transparency and must include ample opportunities for input and
participation by stakeholders and the public.
(6) Important ecological areas within each large marine
ecosystem need to be identified and monitored.
(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 1 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 (in this title referred to as ``Partnership'') for each of
the ocean regions established by this section, and in accordance with
the policies and standards in section 101, 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) provide for the identification and monitoring of
important ecological areas;
(4) provide for the creation of 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
(5) provide for improved citizen and community stewardship
of coastal and ocean resources.
(b) 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, and Connecticut
seaward to the extent of the Exclusive Economic Zone as
specified in Presidential Proclamation Number 5030,
dated March 10, 1983.
(H) Mid-atlantic ocean region.--The Mid-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 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.
(I) 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 Partnership may establish such
subregions, or geographically specified management areas, as
necessary for efficient and effective management of region-
specific ecosystem issues.
(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 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 Partnership. The Administrator,
or his or her designated representative, shall serve as
the chairperson of each Partnership.
(B) Included entities.--The representatives
appointed to each 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
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
Partnership.
(B) Inland state appointment.--Where appropriate,
the Administrator shall receive nominations and select
one representative from each of two 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 Partnership
must prepare a Regional Ocean Strategic 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
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 Partnership, including by providing
opportunities for nonvoting participation by foreign
representatives at meetings of the 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
Partnership shall serve as a voting member of the Partnership,
and shall be considered a non-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
Partnership.
(6) Additional appointments.--
(A) Totals.--The Administrator shall determine the
total number of additional representatives of Indian
tribes, Coastal States, and local governments within an
ocean region of a Partnership as is necessary to ensure
that the combined number of non-Federal voting
representatives equals the number of Federal voting
representatives on each 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 Partnership
and select nominees to fill any vacant seats on that
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 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 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 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 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 Partnership.
(2) Existing programs.--Each Partnership shall not supplant
the functions or authorities of existing regional entities and
shall, to the maximum extent possible, build upon current
State, multi-state, 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 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) Procedures.--
(1) In general.--Except as provided in paragraph (2), each
Partnership shall operate in accordance with procedures
established by the Partnership and approved by the
Administrator.
(2) Interim procedures.--Each 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 decision-making;
(B) opportunities for public input and
participation; and
(C) the use of science, local government, and
citizen advisory committees.
(g) Staff.--
(1) Hiring authority.--Each Partnership may hire such staff
as is necessary to perform the functions of the Partnership.
(2) Treatment.--Staff hired by a Partnership shall be
treated as employees of the Administration.
(h) Federal Advisory Committee Act.--
(1) In general.--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.
(2) Compliance.--Notwithstanding paragraph (1), the
Partnerships and any advisory committees of the Partnerships
shall be appointed and operate in a manner consistent with all
provisions of the Federal Advisory Committee Act with respect
to--
(A) the balance of their membership;
(B) provision of public notice regarding their
activities;
(C) open meetings; and
(D) public access to documents created by the
Partnerships or advisory committees of the
Partnerships.
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 (referred to in this title as
``Plan'') for the ocean region of the Partnership.
(b) Contents.--Each Plan prepared by a Partnership shall include
such information as 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) Identification of important ecological areas within the
region and recommendations for a long-term monitoring plan of
such areas.
(4) Determination of priority issues within the region and
adjoining inland regions and an assessment of the capacity of
existing governance mechanisms to address those issues.
(5) Determination of solutions and specific policies to
address the priority problems that take an adaptive, ecosystem-
based approach.
(6) 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.
(7) 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.
(8) Identification of model programs whose existing
infrastructure aid in implementation of the Plan.
(c) Meetings.--Each Partnership shall meet--
(1) at least twice each year--
(A) during the development of the 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 Plan shall be reviewed and
revised by the relevant Partnership at least once every four 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 Plan by a 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 policy and
standards set forth in section 101, and
(ii) adequately addresses the required
elements under subsection (a) of this section.
(D) Deadline for review.--Within 120 days after
transmittal by the 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 Plan or amendment, the Administrator in
consultation with the Committee on Ocean Policy shall
make conforming recommendations to the Partnership.
Within 60 days of receiving the recommendations, the
Partnership shall submit a revised Plan or amendment(s)
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 501, may award grants to members of a
Partnership, other than representatives of the Federal
Government, to cover appropriate expenses incurred in
developing a draft Ocean 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.--Not later than 1 year after enactment of this
Act, the Administrator and the Committee on Ocean Policy shall 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, except to advise on efficient structure and
operation of the partnerships for the most effective ecosystem-based
management of resources as practicable.
(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 for carrying
out the study required by this section.
SEC. 405. 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 5 years after the enactment of the Act, 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 10 years
after the enactment of this Act, 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 a regional ocean
ecosystem resource information system for United States coastal
waters that abut the territorial waters of any of 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 for
ocean regions and other waters under this section, there is authorized
to be appropriated to the Administrator $12,000,000 for each of the
fiscal years 2009 through 2018.
SEC. 406. REGULATIONS.
The Administrator shall issue such regulations as the Administrator
considers necessary to ensure proper administration of this title.
SEC. 407. 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. 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 2009 through 2013.
TITLE V--OCEAN AND GREAT LAKES CONSERVATION TRUST FUND
SEC. 501. 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 2007, 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 507.
(3) Amounts not disbursed.--All allocated but undisbursed
amounts returned to the Fund under section 505(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 2008;
(B) $700,000,000 for fiscal year 2009; and
(C) $1,000,000,000 for fiscal year 2010 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 2008;
(B) $100,000,000 for fiscal year 2009; and
(C) $300,000,000 for fiscal year 2010 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 2007 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
monies 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. 502. 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. 503. 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. 504. 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. 505. COMMUNITY ASSISTANCE FORMULA AND PAYMENTS.
(a) Conservation Payments to Coastal States.--
(1) Grant program.--Amounts transferred to the
Administrator from the Fund under section 501(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 506 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 strategic 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
Strategic 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 501(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
501(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 501(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 506(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. 506. APPROVAL OF STATE FUNDING AND SPENDING PLANS.
(a) Development and Submission of Regional Ocean Strategic Plans.--
Each coastal State seeking to receive grants under this title shall
participate in the development and implementation of Regional Ocean
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 101(b).
(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. In addition to such
other requirements as the Administrator by regulation shall prescribe,
each State spending plan shall include--
(1) 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.
(2) 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 Strategic Plan.
(3) 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.
(4) 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 506(b).
(5) 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 506(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
Strategic 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 Strategic 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 506(b).
(2) 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.
(3) 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.
(4) 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. 507. 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 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 501)
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 section 416(g) of title 39,
United States Code.
(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 title 39, United States Code.
TITLE VI--ADMINISTRATION FUNDING
SEC. 601. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administrator such
sums as necessary for the functions and activities carried out by the
Administration in accordance with this Act. Sums appropriated under
this section shall remain available until expended.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committee on Science and Technology, 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 Natural Resources, and in addition to the Committee on Science and Technology, 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 Natural Resources, and in addition to the Committee on Science and Technology, 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 Energy and Environment.
Referred to the Subcommittee on Fisheries, Wildlife, and Oceans.
Subcommittee Hearings Held.
Sponsor introductory remarks on measure. (CR H6014)
Subcommittee Consideration and Mark-up Session Held.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 11 - 3 .