Ocean Conservation, Education, and National Strategy for the 21st Century Act - Declares that the purpose of this Act is to secure for future U.S. generations the full range of benefits of healthy marine ecosystems.
Specifies a national ocean policy and related principles. Requires each federal agency to act in accordance with that policy.
Reestablishes the National Oceanic and Atmospheric Administration (NOAA) and its leadership. (NOAA was created by the Reorganization Plan No. 4 of 1970.) Includes in NOAA the National Weather Service and the Science Advisory Board.
Establishes a National Ocean Advisor in the Executive Office of the President.
Reestablishes in the Executive Office of the President the Committee on Ocean Policy, which was originally established by executive order.
Establishes a Council of Advisors on Ocean Policy to advise the President.
Designates nine ocean regions to promote coordinated regional efforts to implement the national ocean policy. Requires the NOAA Administrator to establish or designate a Regional Ocean Partnership for each region and requires each Partnership to prepare a Regional Ocean Strategic Plan.
Establishes the Ocean and Great Lakes Conservation Trust Fund.
Requires payments to coastal states for Regional Ocean Strategic Plan activities.
Requires the United States Postal Service (USPS) to print a special postage stamp to enable the public to help protect, maintain, and restore marine ecosystems.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 21 Introduced in House (IH)]
111th 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 6, 2009
Mr. Farr 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.
This Act may be cited as the ``Ocean Conservation, Education, and
National Strategy for the 21st Century Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Purpose.
Sec. 4. Definitions.
TITLE I--NATIONAL OCEAN GOVERNANCE
Sec. 101. National Ocean Policy and principles.
Sec. 102. National Ocean Advisor.
Sec. 103. Committee on Ocean Policy.
Sec. 104. Coordination plan.
Sec. 105. Council of Advisors on Ocean Policy.
TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ORGANIC ACT
Sec. 201. National Oceanic and Atmospheric Administration.
Sec. 202. Functions.
Sec. 203. Administration leadership.
Sec. 204. National Weather Service.
Sec. 205. Science Advisory Board.
Sec. 206. Restructuring plan.
Sec. 207. Reprogramming requests.
Sec. 208. Savings provisions.
Sec. 209. Report.
Sec. 210. Function defined.
TITLE III--REGIONAL COORDINATION AND PLANNING
Sec. 301. Regional ocean coordination.
Sec. 302. Regional Ocean Partnerships.
Sec. 303. Regional Ocean Strategic Plans.
Sec. 304. Regulations.
Sec. 305. Other authority.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS AND ESTABLISHMENT OF TRUST
FUND
Sec. 401. Establishment of fund.
Sec. 402. Payments to States.
Sec. 403. Eligibility for funding.
Sec. 404. Funding procedures.
Sec. 405. Equitable allocation.
Sec. 406. Authorization of appropriations.
Sec. 407. Healthy Ocean Stamp.
Sec. 408. Limitation on use of available amounts for administration.
Sec. 409. Recordkeeping requirements.
Sec. 410. Maintenance of effort and matching funding.
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 and implementing a National Ocean Policy;
(2) promoting ecologically sustainable ocean resource use
and management by strengthening and empowering ocean governance
on regional and Federal levels;
(3) promoting ecosystem-based approaches to management of
United States ocean waters, coastal waters, and ocean
resources; and
(4) establishing an ocean and Great Lakes conservation
trust fund to support the purposes and policies of this Act.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration''means the
National Oceanic and Atmospheric Administration provided for in
section 201.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(3) Advisor.--The term ``Advisor''means the National Ocean
Advisor appointed under section 102.
(4) 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)).
(5) 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.).
(6) Coastal state.--The term ``coastal State''--
(A) subject to subparagraph (B), 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
American Samoa.
(7) 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.
(8) Ecosystem-based management.--The term ``ecosystem-based
management'' means an integrated approach to management that--
(A) considers the entire ecosystem, including
humans, and accounts for interactions among the
ecosystem, the range of activities affecting the
ecosystem, and the management of such activities;
(B) aims to maintain ecosystems in a healthy,
productive, sustainable, and resilient condition so
that they can provide the services humans want and
need;
(C) emphasizes the protection of ecosystem
structure, function, patterns, and important processes;
(D) considers the impacts, including cumulative
impacts, of the range of activities affecting an
ecosystem that fall within geographical boundaries of
the ecosystem;
(E) explicitly accounts for the interconnectedness
within an ecosystem, such as food webs, and
acknowledges the interconnectedness among systems, such
as between air, land, and sea; and
(F) integrates ecological, social, economic, and
institutional perspectives, recognizing their strong
interdependences.
(9) Federal agency.--The term ``Federal agency'' means any
department, agency, or instrumentality of the United States.
(10) Important ecological area.--The term ``important
ecological area'' means an area that contributes significantly
to local or larger marine ecosystem health or is an especially
unique or sensitive marine ecosystem.
(11) Marine ecosystem health.--The term ``marine ecosystem
health''means the ability of an ecosystem in ocean waters or
coastal waters to support and maintain patterns, important
processes, and productive, sustainable, and resilient
communities of organisms, having a species composition,
diversity, and functional organization resulting from the
natural habitat of the region, such that it is capable of
supporting a variety of activities and 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, patterns, and processes; and
(B) a physical, chemical, geological, and microbial
environment that is supportive of the requirements of
this paragraph.
(12) National ocean policy.--The term ``National Ocean
Policy''means the policy set forth in section 101(a).
(13) Ocean region.--The term ``ocean region'' means such a
region designated under section 301(c).
(14) Ocean resources.--The term ``ocean resources''means
any living, nonliving, or cultural amenities in ocean waters or
coastal waters.
(15) Ocean waters.--The term ``ocean waters''means the zone
extending from the baseline from which the breadth of the
United States territorial sea is measured to the extent of the
Exclusive Economic Zone as specified in Presidential
Proclamation Number 5030, dated March 10, 1983, including the
territorial waters of the Great Lakes and the waters of the
continental shelf to which the United States is granted
sovereign rights under international law.
TITLE I--NATIONAL OCEAN GOVERNANCE
SEC. 101. NATIONAL OCEAN POLICY AND PRINCIPLES.
(a) National Ocean Policy.--
(1) In general.--It is the policy of the United States to
protect, maintain, and restore marine ecosystem health in order
to fulfill the ecological, economic, educational, social,
cultural, nutritional, recreational, and other requirements of
current and future generations of Americans.
(2) Principles.--The National Ocean Policy shall be
implemented in accordance with the following principles:
(A) Policies, programs, and activities should
minimize negative environmental impacts to ocean
waters, coastal waters, and ocean resources and be
conducted so that by themselves or cumulatively they do
not undermine efforts to protect, maintain, and restore
marine ecosystem health.
(B) Ocean waters, coastal waters, and ocean
resources should be managed to meet the needs of the
present generation without compromising the ability of
future generations to meet their needs.
(C) Ocean waters, coastal waters, and ocean
resources should be managed using ecosystem-based
management.
(D) The lack of scientific certainty should not be
used as justification for postponing action to prevent
negative environmental impacts. In cases in which
significant threats to marine ecosystem health exist,
the best of the available science should be used to
manage ocean waters, coastal waters, and ocean
resources in a manner that gives the greatest weight to
the protection, maintenance, and restoration of marine
ecosystem health.
(E) Policies, programs, and activities recognize
the interconnectedness of the land, atmosphere
including climate, and oceans including ocean waters,
coastal waters, and ocean resources, and should
recognize that actions affecting one of these, such as
the climate, are likely to affect another, such as
ocean resources.
(F) Potential uses of ocean waters, coastal waters,
and ocean resources should be managed in a way that
balances competing uses and does not undermine efforts
to protect, maintain, and restore marine ecosystem
health.
(b) Implementation.--
(1) Requirement.--To the fullest extent possible and to the
extent not inconsistent with other laws, each Federal agency
shall interpret and administer policies, regulations and laws
in accordance with the National Ocean Policy.
(2) Guidance.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act, the National Ocean
Advisor shall develop and issue guidance, consistent
with the National Ocean Policy, for the development of
Federal agency regulations to implement the National
Ocean Policy.
(B) Public participation.--The National Ocean
Advisor shall provide adequate opportunity for public
comment and review during the development of the
guidance under subparagraph (A).
(c) Agency Actions.--
(1) Regulations.--
(A) In general.--Within 2 years after the issuance
of the guidance under subsection (b)(2), each Federal
agency shall issue new or revised regulations as
necessary to ensure consistency with the National Ocean
Policy for actions undertaken, authorized, or funded by
the agency that may significantly affect ocean waters,
coastal waters, or ocean resources.
(B) Public comment.--The head of each Federal
agency shall--
(i) publish proposed regulations under this
subsection in the Federal Register; and
(ii) provide a period for public comment of
not less than 60 days before final regulations
are published under this subsection.
(2) Review.--Within 1 year after the issuance of the
guidance under subsection (b)(2), each Federal agency, shall--
(A) conduct a review of the existing policies,
regulations, and laws that apply to the agency and
identify any inconsistencies that preclude the agency
from fully implementing the National Ocean Policy; and
(B) submit to the Committee on Ocean Policy, the
Committee on Natural Resources of the House of
Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate a report on
such review that includes proposals as may be necessary
to eliminate such inconsistencies.
SEC. 102. NATIONAL OCEAN ADVISOR.
(a) Establishment.--
(1) In general.--There is established in the Executive
Office of the President a National Ocean Advisor, who shall be
appointed by the President, by and with the advice and consent
of the Senate, and shall not be an employee of any Federal
agency represented on the Committee on Ocean Policy.
(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.
(3) Qualifications.--The individual appointed as the
Advisor must be a person who, as a result of his or her
training, experience, and attainments, is well qualified--
(A) to analyze and interpret marine ecosystem
trends and all relevant information related to such
trends;
(B) to appraise programs and activities of the
Federal Government in light of the National Ocean
Policy; and
(C) to formulate and recommend actions and
decisions to promote marine ecosystem health.
(b) Functions.--The Advisor shall--
(1) advise the President on implementation of this Act,
activities of the Committee on Ocean Policy, and other matters
relating to ocean waters, coastal waters, ocean resources, and
maintaining marine ecosystem health;
(2) serve as the chair of the Committee on Ocean Policy
established by section 103;
(3) lead efforts to coordinate Federal agency actions to
implement the National Ocean Policy;
(4) establish a process, in consultation with the Committee
on Ocean Policy, for resolving interagency disputes and advise
Federal agencies as requested regarding the implementation of
the National Ocean Policy; and
(5) develop, issue, and revise as needed, the guidance
required under section 101(b)(2).
(c) Staffing.--
(1) Staff.--The Advisor may employ such staff as may be
necessary to carry out his or her functions under this Act.
(2) Uncompensated services.--The Advisor may accept,
utilize, and terminate voluntary and uncompensated services in
furtherance of his or her functions.
SEC. 103. COMMITTEE ON OCEAN POLICY.
(a) Establishment.--There is established in the Executive Office of
the President a Committee on Ocean Policy, 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 unless
otherwise stated by this Act.
(b) Functions.--The Committee shall--
(1) within 2 years after the date of enactment of this Act,
review and appraise the various laws, programs, and activities
of the Federal Government for consistency with the National
Ocean Policy, determine whether existing Federal agencies'
authorities are adequate to implement the National Ocean
Policy, and prepare recommendations regarding any resources or
new authorities that are needed for that implementation;
(2) review and prepare recommendations regarding agency
ocean budgets and their sufficiency to achieve the National
Ocean Policy;
(3) obtain and provide information to facilitate and
advance the efforts of Regional Ocean Partnerships in
accordance with title III; and
(4) facilitate coordination and integration of Federal
activities in ocean waters and coastal waters and develop, and
update as needed, a coordination plan in accordance with
section 104.
(c) Chair.--The National Ocean Advisor shall be the Chair of the
Committee, and shall, in that 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 Energy.
(I) The Administrator of the Environmental
Protection Agency.
(J) The Director of the Office of Management and
Budget.
(K) The Director of the National Science
Foundation.
(L) Six State Governors appointed by the National
Governors Association, who shall represent State and
local interests.
(M) The Administrator of the National Aeronautics
and Space Administration.
(N) The Chair of the Council on Environmental
Quality.
(2) Delegation.--A member of the Committee may delegate the
authority to perform the Committee or subcommittee functions of
the member, to any individual who is employed by 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) Requirement.--The members appointed under
paragraph (1)(L) shall be chosen to provide broad
geographical representation. Of those members, at least
4 shall be Governors of coastal States.
(B) Limitation on appointment.--A Governor of a
State may not be appointed under paragraph (1)(L) to
serve on the Committee in the 4-year period following
the prior service on the Committee by a Governor of
that State.
(C) Term; reappointment.--A member appointed under
paragraph (1)(L)--
(i) shall be appointed for a term of 4
years; and
(ii) shall be eligible for reappointment
consistent with subparagraph (B).
(D) Replacement.--Any member who cannot serve the
full length of the member's term may be replaced by
another individual who can serve the remainder of that
term.
(e) Subcommittees.--The Chair of the Committee, in consultation
with the Administrator, may 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 Ocean Advisor shall ensure appropriate
coordination of the activities of the Committee and other policy
coordination structures relating to ocean or maritime issues.
(g) Staff.--
(1) In general.--The Chair may employ such employees as may
be necessary to carry out the functions of the Committee under
this Act.
(2) Voluntary and uncompensated services.--The Chair may
accept, utilize, and terminate voluntary and uncompensated
services in furtherance of the functions of the Committee.
(h) Information.--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 shall 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.
(i) Federal Advisory Committee Act.--
(1) In general.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Committee on Ocean Policy,
or any of its subcommittees formed in accordance with
subsection (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 membership;
(B) provision of public notice regarding its
activities;
(C) open meetings; and
(D) public access to documents created by the
Committee.
SEC. 104. COORDINATION PLAN.
(a) Coordination Plan.--The Committee on Ocean Policy shall submit
to the Congress by not later than 2 years after the date of the
enactment of this Act, a plan for coordinating Federal activities in
ocean waters and coastal waters that--
(1) is consistent with the National Ocean Policy;
(2) designates a lead Federal agency for each existing
activity and new activity in Federal waters and identifies a
process for coordination of such activities among agencies;
(3) identifies the process by which Federal agencies will
coordinate with and participate in the Regional Ocean
Partnerships established under title III and establishes
Federal regional ocean partnership teams to participate in that
process;
(4) considers possible consolidation of oceanic or
atmospheric programs, functions, services, or resources within
or among Federal agencies, if their consolidation would not
undermine the National Ocean Policy;
(5) includes recommendations prepared under section
103(b)(1) for any resources or new authorities that Federal
agencies may need to implement the National Ocean Policy;
(6) includes recommendations prepared under section
103(b)(2) regarding agency ocean budgets and their sufficiency
to achieve the National Ocean Policy; and
(7) includes a report on the condition of ocean waters,
coastal waters, and ocean resources and the progress toward
meeting the goals of the National Ocean Policy.
(b) Review and Update.--The Committee on Ocean Policy shall review
and update the coordination plan as needed, but at least every 6 years.
SEC. 105. COUNCIL OF ADVISORS ON OCEAN POLICY.
(a) Establishment.--There is established the Council of Advisors on
Ocean Policy, which shall advise the President on policies to protect,
maintain, and restore marine ecosystem health on a regional and
national basis.
(b) Chair.--The President shall designate a non-Federal member of
the Council to serve as Chair of the Council. The term of the Chair
shall be 4 years. The Chair shall be responsible for--
(1) convening meetings at least two times a year; and
(2) directing the work of the Council.
(c) Membership.--The Council shall have at least 20 members
appointed by the President, in consultation with the National Ocean
Advisor (who shall serve as an ex officio member of the Council). Such
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 from--
(A) local governments;
(B) Indian tribes;
(C) the marine science research community;
(D) the marine science education community;
(E) the commercial fishing sector;
(F) the commercial seafood sector;
(G) the recreational fishing sector;
(H) the energy development, the shipping and
transportation, and the marine tourism industries;
(I) agriculture, which may include timber;
(J) watershed organizations (other than
organizations represented under subparagraph (J)),
which may include resource conservation districts; and
(K) nongovernmental organizations (other than
organizations represented under subparagraph (I)),
including groups interested in marine conservation.
(d) Terms of Membership.--
(1) In general.--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.
(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
U.S.C. App.) shall not apply to the Council.
(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 II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ORGANIC ACT
SEC. 201. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
(a) In General.--The National Oceanic and Atmospheric
Administration, as in effect immediately before the enactment of this
Act, shall be an administration in the Department of Commerce. Except
as otherwise provided in this Act (including the amendments and repeals
made by this Act)--
(1) the Administration shall have the administrative
structure, officers, functions, and authorities it had
immediately before the enactment of this Act, including under
Reorganization Plan No. 4 of 1970 (5 U.S.C. App.); and
(2) the Administrator shall have the authority, subject to
the availability of appropriations--
(A) to create, support, and maintain joint centers,
and to enter into and perform contracts, leases,
grants, or cooperative agreements on terms the
Administrator considers appropriate;
(B) to disseminate information and conduct
education and outreach in direct support of the
purposes of this Act; and
(C) to accept interagency financing of boards or
similar groups to carry out interagency activities for
which the Administration serves as a lead agency.
(b) Mission.--The Administration shall be the civilian agency of
the Federal Government principally responsible for--
(1) providing to the Nation oceanic, weather, atmospheric,
and climate services and research;
(2) monitoring changes in the earth's environment; and
(3) conducting and supporting research, conservation,
management, education and outreach regarding ocean and coastal
resources, weather, and climate.
SEC. 202. FUNCTIONS.
(a) In General.--The Administrator shall perform the following
functions to carry out the mission set forth in section 201(b) in a
coordinated, integrated, and ecosystem-based manner for the benefit of
the Nation:
(1) Management, conservation, protection, and restoration
of ocean and coastal resources, including living marine
resources, habitats, maritime heritage resources, and ocean
ecosystems.
(2) Observation, monitoring, assessment, forecasting,
prediction, operations, and exploration for ocean, coastal, and
atmospheric environments including weather, space weather,
climate, navigation, and marine resources.
(3) Research, education and outreach, development of
hydrographic products and services, technical assistance,
technology development, and innovation activities relating to
ocean and atmospheric environments including basic and applied
scientific research and activities that support other agency
functions and missions.
(b) State and Federal Coordination.--The Administrator shall ensure
that Administration programs and activities collaborate with State and
Federal programs to encourage cooperation, coordination, and
integration of State and Federal coastal, oceanic, and atmospheric
programs, including the planning and implementation of regional and
ecosystem-based activities.
(c) International Coordination.--
(1) Cooperation by administrator.--The Administrator shall
cooperate to the fullest extent practicable with the Secretary
of State in providing representation at all meetings and
conferences relating to actions or activities described in this
Act in which representatives of the United States and foreign
countries participate.
(2) Consultation with administrator.--The Secretary of
State and any other officer of the United States with
responsibility for agreements, treaties, or understandings with
foreign nations and international organizations shall consult
with the Administrator whenever the subject matter or activity
involved relates to a function of the Administrator.
(3) Authority of secretary of commerce not affected.--This
subsection does not affect the authority of the Secretary of
Commerce with respect to international fishing agreements.
(d) Partnerships.--The Administrator may promote, support, and
enter into agreements with academia, industry, conservation groups,
educators, and other interested persons to improve the effectiveness of
Administration programs and activities and enhance public awareness and
understanding of Administration science, service, and stewardship
missions.
SEC. 203. ADMINISTRATION LEADERSHIP.
(a) Under Secretary of Commerce for Oceans and Atmosphere and
Administrator.--
(1) In general.--There shall be, as the Administrator and
head 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.
(2) Functions.--The Administrator, as head of the
Administration, shall be responsible for--
(A) the functions under section 202(a);
(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;
(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.
(b) Assistant Secretary of Commerce 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.
(c) Deputy Under Secretary of Commerce 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 the 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 shall be in the Administration three
Deputy Assistant Secretaries.
(2) Functions.--The Secretary shall--
(A) designate the functions of each Deputy
Assistant Secretary; and
(B) assign to each Deputy Assistant Secretary one
of the functions under paragraphs (1), (2), and (3) of
section 202(a).
(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) 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.
(f) Additional Positions.--The Administrator may appoint
individuals to such additional positions in the Administration as may
be appropriate to reflect any restructuring of the Administration.
(g) Conforming Amendments to Reorganization Plan.--
(1) Reorganization plan no. 4 of 1970.--Reorganization Plan
No. 4 of 1970 (5 U.S.C. App.) is amended--
(A) in section 1, by adding at the end the
following:
``(g) The functions vested in the Secretary of the Interior and the
Secretaries by the Act of June 8 1906, (16 U.S.C. 433 et seq.),
popularly known as the Antiques Act of 1906, relating to national
monuments comprised of ocean or coastal resources.''; and
(B) in section 2, by striking subsection (e).
(2) Title 5, u.s.c.--Section 5316 of title 5, United States
Code, is amended by striking ``Assistant Administrator for
Coastal Zone Management,'' and all that follows through
``Assistant Administrators (3), National Oceanic and
Atmospheric Administration.''.
SEC. 204. NATIONAL WEATHER SERVICE.
(a) In General.--There shall be in 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 seek to 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 202(a),
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, water, and climate data;
(3) operating national centers to deliver guidance,
forecasts, warnings, and analysis about weather, water,
climate, tsunami, and space weather phenomena for use by the
Administration and the public;
(4) providing information to Federal, State, and local
agencies and other organizations responsible for emergency
preparedness and response;
(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. 205. SCIENCE ADVISORY BOARD.
There shall be within the Administration a Science Advisory Board,
in accordance with the document entitled ``U.S. Department of Commerce
Charter of the NOAA Science Advisory Board'', dated August 9, 2005.
SEC. 206. RESTRUCTURING PLAN.
(a) In General.--The Administrator shall develop a plan and budget
setting forth a proposal for restructuring the Administration and its
programs, as they existed immediately before enactment of this title,
that implement this title, are consistent with section 101, and
consider the recommendations of the U.S. Commission on Ocean Policy so
as to provide improved services to the Nation.
(b) Content.--The plan shall--
(1) describe leadership positions and roles, and program
offices and duties;
(2) consider--
(A) regional approaches to management and
ecosystem-based management;
(B) coordination with outside entities, both
nationally and internationally; and
(C) needs to expand or downsize employees or
facilities (or both);
(3) be consistent with section 202 and the other provisions
of this Act, and maximize the efficiency with which the
Administration carries out and assures the effectiveness of the
functions of the Administrator described in section 202(a);
(4) improve the sharing of research and other information
and the compilation of available data, that is of use across
programmatic themes; and
(5) to the maximum extent practicable, eliminate
duplication of effort or overlapping efforts among offices.
(c) Consultation.--The Administrator shall develop the plan in
consultation with interested persons, including representatives of the
States, academia, industry, conservation organizations, and labor
organizations certified as the exclusive representatives of
Administration employees pursuant to chapter 71 of title 5, United
States Code.
(d) Schedule.--
(1) In general.--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) Public comment.--The Federal Register notice shall
solicit comments for a period of 60 days.
(3) Final plan.--Not later than 120 days after the
expiration date of the comment period described in paragraph
(2), the Administrator shall complete a final plan that takes
into account the comments received.
(4) Transmittal.--Upon completing the final plan, the
Administrator shall--
(A) transmit the final plan, and an explanation of
how the Administrator addressed each issue raised by
the public comments received, to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committees on Science and on Natural Resources of
the House of Representatives for review; and
(B) publish the final plan and explanation in the
Federal Register.
(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).
(2) Government accountability office review.--Not later
than 3 years after the Administration implements the
reorganization plan, and every 6 years thereafter, the
Comptroller General of the United States shall conduct an
independent review of the effectiveness and efficiency of the
Administration in fulfilling its mission, as set forth in
section 201(b), and carrying out the functions set forth in
section 202. Upon completing the review, the Comptroller
General shall transmit a report to Congress with his or her
findings.
SEC. 207. REPROGRAMMING REQUESTS.
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 Natural
Resources of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 208. SAVINGS PROVISIONS.
Except as otherwise provided in this Act, all rules and
regulations, determinations, standards, contracts, certifications,
authorizations, appointments, delegations, results and findings of
investigations, and other actions duly issued, made, or taken by or
pursuant to or under the authority of any statute that resulted in the
assignment of functions or activities to the Secretary of Commerce, the
Department of Commerce, the Under Secretary of Commerce for Oceans and
Atmosphere, or any other official of the National Oceanic and
Atmospheric Administration, as are in effect immediately before the
enactment of this Act, shall continue in full force and effect after
enactment of this Act until modified or rescinded.
SEC. 209. REPORT.
Not later than 1 year after the date of the enactment of this Act,
the Administrator shall submit a report to the Congress on the
implementation of this Act, including such recommendations as the
Administrator considers appropriate regarding changes to existing law
(including granting of additional authority to the Administrator).
SEC. 210. FUNCTION DEFINED.
In this title the term ``function'' includes authorities, powers,
rights, privileges, immunities, programs, projects, activities, duties,
and responsibilities.
TITLE III--REGIONAL COORDINATION AND PLANNING
SEC. 301. REGIONAL OCEAN COORDINATION.
(a) In General.--The purpose of this title is to promote
coordinated regional efforts to further the implementation of the
National Ocean Policy through--
(1) the designation of distinct ocean regions; and
(2) the establishment of regional ocean partnerships, and
the development and implementation of regional ocean strategic
plans.
(b) Objectives of Regional Efforts.--Such regional efforts shall
achieve the following:
(1) Provide for more systematic communication,
coordination, and alignment of State and Federal governmental
authorities and programs with the size, scale, and
characteristics of regional marine ecosystems while recognizing
regional economic and social patterns.
(2) Build on and improve existing regional programs and
initiatives and foster the creation of new regional efforts in
areas where effective interstate and Federal cooperative
efforts are currently lacking.
(3) Provide for regional and subregional ocean assessments,
based on the best available science, to determine status and
trends and to provide the information needed to improve
management decisions.
(4) Identify shared State and Federal priority issues and
address them in a collaborative and coordinated way based on
existing legal authorities.
(5) Improve integration of government efforts and maximize
government efficiency.
(6) Identify and provide data and information needed by the
Regional Ocean Partnerships established under section 302.
(7) Provide for opportunities for public input on regional
priorities and plans and for improved citizen and community
stewardship of ocean waters, coastal waters, and ocean
resources.
(c) Regions.--
(1) Designation.--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) 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 Regional Ocean Partnership
established under section 302 may establish such subregions, or
geographically specified management areas, as necessary for
efficient and effective management of region-specific ecosystem
issues.
SEC. 302. REGIONAL OCEAN PARTNERSHIPS.
(a) In General.--
(1) Establishment.--Within 1 year after the date of the
enactment of this Act, the Administrator, in consultation with
the Committee on Ocean Policy and the appropriate coastal
States, shall establish or designate a Regional Ocean
Partnership for each of the ocean regions established by
section 301.
(2) Functions.--Each Partnership shall, for the ocean
region for which it is established or designated--
(A) pursue the objectives set forth in section
301(b);
(B) further the implementation of the National
Ocean Policy; and
(C) develop and implement a Regional Ocean
Strategic Plan under section 303.
(b) Existing Regional Efforts.--For any ocean region for which a
regional ocean governance effort already exists, the relevant coastal
States shall work with the Administrator to determine whether the
Partnership established or designated for the ocean region should build
upon and expand that effort, or whether the Administrator should
initiate a new effort.
(c) Membership.--
(1) Federal representatives.--Within 270 days after the
date of the enactment of this Act, the Committee on Ocean
Policy shall designate the Federal agencies and departments
that shall participate in each Partnership. Among the agencies
and department designated for each Partnership, the Committee
shall include all Federal agencies and departments that have
expertise in ocean and coastal policy, oversee ocean and
coastal policy or resource management, or engage in activities
that significantly affect ocean waters, coastal waters, or
ocean resources. The head of each Federal agency or department
designated by the Committee on Ocean Policy shall select and
appoint officers or employees of their agency or department to
serve as their representatives to each Partnership. The
Administrator, or his or her designated representative, shall
serve as the chairperson of each Partnership.
(2) State representatives.--
(A) Coastal state representatives.--The Governor of
each coastal State within each ocean region designated
under section 301(c) shall--
(i) within 9 months after the date of
enactment of this Act, inform the Administrator
whether or not the State intends to participate
in the Partnership for the ocean region; and
(ii) if the State intends to participate in
such Partnership, within 1 year of enactment of
this Act, appoint an officer or employee of the
coastal State agency with primary
responsibility for overseeing ocean and coastal
policy or resource management to that
Partnership.
(B) Noncoastal state appointments.--
(i) In general.--Within 9 months after the
date of enactment of this Act, the Governor of
each noncoastal State within each ocean region
designated under section 301(c) shall notify
the Administrator whether or not the State
seeks to participate in the Partnership for the
ocean region. The Partnership for that region
shall appoint to the Partnership one or more
representatives of noncoastal States that
notify the Administrator, subject to clause
(ii).
(ii) Appointments for more than one
noncoastal state.--If more than one noncoastal
State notifies the Administrator under clause
(i) with respect to a Partnership--
(I) the Partnership shall establish
a process for nominating and appointing
representatives under this
subparagraph;
(II) the total number of
representatives appointed under this
subparagraph for the Partnership may
not exceed the number of coastal State
representatives on the Partnership; and
(III) in appointing representatives
to the Partnership, the Partnership
shall consider the relative impact on
the ocean region for which the
Partnership must prepare a Regional
Ocean Strategic Plan of the waters
under each such noncoastal State's
jurisdiction that feed into the ocean
region.
(C) North pacific regional ocean partnership.--The
Governor of the State of Washington--
(i) within 9 months after the date of
enactment of this Act, shall notify the
Administrator whether or not the State intends
to participate in the North Pacific Regional
Ocean Partnership; and
(ii) if such State intends to participate
in such Partnership, within 1 year after the
date of enactment of this Act shall appoint to
such Partnership an officer or employee of the
Washington State agency with primary
responsibility for overseeing ocean and coastal
policy or resource management.
(3) Regional fishery management council representation.--
The executive director of each Regional Fishery Management
Council with jurisdiction in the ocean region of a Partnership
and the executive director of the interstate marine fisheries
commission with jurisdiction in the ocean region of a
Partnership shall each serve as a member of the Partnership,
and shall be considered non-Federal representatives for the
purposes of paragraph (5)(A).
(4) Local government representative.--Each Partnership
shall receive nominations and select one representative from a
coastal political subdivision to represent the interests of
local and county governments on the Partnership.
(5) Additional appointments.--
(A) Balance.--Each Partnership shall--
(i) identify the total number of additional
non-Federal representatives within the ocean
region of the Partnership necessary to ensure
that the combined number of non-Federal
representatives on the Partnership equals the
number of Federal representatives on the
Partnership; and
(ii) identify a process for selecting such
non-Federal representatives that, to the
maximum extent practicable, assures balanced
and broad non-Federal representation.
(B) International representatives.--In cooperation
with the Secretary of State, each Partnership may
foster nonbinding relationships with foreign
governments, agencies, States, provinces, and other
entities as appropriate, at scales appropriate to the
ocean region under the authority of the Partnership,
including by providing opportunities for participation
by foreign representatives at meetings of the
Partnership, its advisory committees, and other working
groups.
(d) Steering Committee.--
(1) In general.--Each Partnership may establish a Steering
Committee to provide leadership with respect to the development
and implementation of the Regional Ocean Strategic Plan under
section 303 and to ensure that the goals set forth in such
Regional Ocean Strategic Plan are being met within the
timelines established by that section.
(2) Membership.--The Steering Committee shall include--
(A) one representative from each coastal State that
appoints a representative to the Partnership; and
(B) one representative from each of three Federal
agencies designated by the Committee on Ocean Policy.
(e) Advisory Committees.--
(1) Authority.--Each Partnership may establish and appoint
members of advisory committees and working groups as necessary
for preparation and implementation of its Regional Ocean
Strategic Plan under this title.
(2) Advice and input.--Each Partnership shall provide
opportunities for citizen and stakeholder input in the
development and implementation of its Regional Ocean Strategic
Plan.
(f) Coordination.--
(1) Existing programs.--Each Partnership shall build upon
and complement current State, multistate, and regional capacity
and governance and institutional mechanisms to manage and
protect ocean waters, coastal waters, and ocean resources.
(2) Inland regions.--Each Partnership shall collaborate and
coordinate as necessary and appropriate with noncoastal States
that may significantly impact marine ecosystem health in the
ocean region or the Partnership.
(g) Procedures.--
(1) In general.--Each Partnership shall operate in
accordance with procedures established by the Partnership and
approved by the Administrator.
(2) Required procedures.--The Administrator shall prescribe
requirements for approval of procedures under paragraph (1)
that at minimum provide for--
(A) transparency in decisionmaking;
(B) opportunities for public input and
participation; and
(C) the use of advisory committees that may be
established under subsection (e).
(h) 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, except for any
staff that are hired by participating States.
(i) Federal Advisory Committee Act.--
(1) In general.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to Partnerships, steering
committees, or any advisory committee established under this
title.
(2) Compliance.--Notwithstanding paragraph (1), each
Partnership and each advisory committee of a Partnership 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. 303. REGIONAL OCEAN STRATEGIC PLANS.
(a) Initial Ocean Region Assessment.--
(1) In general.--The Administrator, in consultation with
the Regional Ocean Partnership for an ocean region and other
experts, shall, within 1 year after establishment or
designation of such Partnership, prepare an initial ocean
region assessment of the ocean region in order to guide the
development of the Regional Ocean Strategic Plan prepared for
such ocean region under subsection (b).
(2) Contents.--Each initial assessment shall include a
summary of--
(A) the ocean region's marine ecosystem health,
culture, and economy;
(B) existing, emerging, and cumulative threats to
marine ecosystem health of the ocean region;
(C) indicators that measure marine ecosystem health
of the ocean region; and
(D) important ecological areas within the ocean
region.
(3) Public participation.--The Administrator, in
consultation with the Regional Ocean Partnership, shall provide
opportunities for public input in the development of the
assessment and updates of the assessment under subsection (c).
Such opportunities shall include opportunities for sharing of
the latest science and local knowledge regarding the ocean
region's ocean waters, coastal waters, and ocean resources
using annual public ecosystem forums.
(b) Regional Ocean Strategic Plan.--
(1) Requirement.--Each Regional Ocean Partnership shall,
within 2 years after the completion of the initial ocean region
assessment, prepare and submit to the Administrator for review,
consultation, and approval a Regional Ocean Strategic Plan for
adaptive, ecosystem-based management of United States ocean
waters, coastal waters, and ocean resources for the ocean
region of the Partnership consistent with the National Ocean
Policy.
(2) Contents.--Each Plan prepared by a Regional Ocean
Partnership shall--
(A) be based on the ocean region assessment
required under subsection (a) and (c);
(B) describe short-term and long-term goals for
improving marine ecosystem health in the ocean region
covered by the Plan;
(C) recommend long-term monitoring measures for
important ecological areas within the ocean region
covered by the Plan;
(D) identify State and Federal priority issues
within the ocean region covered by the Plan;
(E) describe ecosystem-based management solutions
and policies to address the priority issues;
(F) describe short-term and long-term indicators
for measuring improvements in economic sustainability
in the ocean region that result from improved
ecological conditions and improved collaboration and
coordination amongst Federal and State agencies;
(G) identify research, information, and data needed
to carry out the Plan;
(H) identify performance measures and benchmarks
for purposes of subparagraphs (B), (C), and (E) to be
used to evaluate the Plan's effectiveness; and
(I) define responsibilities and include an analysis
of the gaps in authority, coordination, and resources,
including funding, that must be filled in order to
fully achieve those performance measures and
benchmarks.
(3) Public participation.--Each Regional Ocean Partnership
shall provide adequate opportunities for public input during
the development of the Plan and any Plan revisions.
(c) Updated Ocean Region Assessments.--The Administrator, in
consultation with the appropriate Regional Ocean Partnership and other
experts, shall, within 4 years after approval of the Plan and at least
once every 6 years thereafter, update the initial ocean region
assessment prepared under subsection (a) to provide more detailed
information regarding the required elements of the assessment and to
include any new information that has become available.
(d) Plan Revision.--Each approved Regional Ocean Strategic Plan
shall be reviewed and revised by the relevant Regional Ocean
Partnership at least once every 6 years. Such review and revision shall
be based on a recently updated ocean region assessment. Any proposed
revisions to the Plan shall be transmitted to the Administrator for
review and approval pursuant to this section.
(e) Action by the Administrator.--
(1) Review of plans.--
(A) Commencement of review.--Within 10 days after
transmittal of a Regional Ocean Strategic Plan, or any
revision to such a Plan, by a Regional Ocean
Partnership, the Administrator shall commence a review
of the Plan or the revised Plan, respectively.
(B) Public notice and comment.--Immediately after
receipt of such a Plan or revision, the Administrator
shall publish the plan or revision in the Federal
Register and provide an opportunity for the submission
of public comment for a 60-day period beginning on the
date of such publication.
(C) Requirements for approval.--Before approving a
plan, or any revision to a plan, the administrator must
find that the plan or revision--
(i) is consistent with the National Ocean
Policy; and
(ii) adequately addresses the required
elements under subsection (b) of this section.
(D) Deadline for review.--Within 120 days after
transmittal of a Plan, or a revision to a Plan, the
Administrator shall approve or disapprove the Plan or
revision by written notice.
(2) Regional information systems.--The Administrator shall,
within 1 year after the date of the enactment of this Act and
in collaboration with marine laboratories and academic and
other relevant institutions, establish a network of regional
ocean ecosystem resource information systems for each ocean
region--
(A) to provide access to geophysical, atmospheric,
oceanographic, and marine biological data, including
genetic research, studies, data, maps, and analyses
necessary to the understanding of the ocean ecosystem;
(B) from which to draw information for the
establishment of policies and priorities related to the
conservation, use, and management of ocean waters,
coastal waters, and ocean resources; and
(C) to provide information of the development and
implementation of Plans.
(f) Implementation.--Members of a Regional Ocean Partnership shall,
to the maximum extent practicable, implement a Regional Ocean Strategic
Plan that is prepared by the Partnership and approved by the
Administrator under this section, consistent with existing legal
authorities.
SEC. 304. REGULATIONS.
The Administrator shall issue such regulations as the Administrator
considers necessary to ensure proper administration of this title.
SEC. 305. 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.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS AND ESTABLISHMENT OF TRUST
FUND
SEC. 401. 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''. For each fiscal year after the date of
enactment of this Act, the Secretary of the Treasury shall deposit into
the Fund the following amounts:
(1) Healthy ocean stamp.--Amounts received by the United
States from the sale of a Healthy Ocean Stamp under section
407.
(2) Amounts not disbursed.--All appropriated but un-
disbursed amounts deposited under section 402(c) each fiscal
year.
(3) Interest.--All interest earned under subsection (b).
(b) Interest.--The Secretary of the Treasury shall invest monies in
the Fund (including interest) 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.
(c) Use of Fund.--The Administrator may, subject to appropriation,
use funds available in the Ocean and Great Lakes Conservation Fund to
supplement appropriations made under section 406(a).
SEC. 402. PAYMENTS TO STATES.
(a) In General.--The Administrator shall make payments to those
coastal States that are eligible for funding under section 403, subject
to the availability of appropriations under section 406. The total of
the amount paid each fiscal year to coastal States in any ocean region
shall not exceed the amount allocated for the ocean region for that
fiscal year under section 405.
(b) Report Requirement.--No payment shall be made to any State
under this section until the State has--
(1) 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
(2) adopted 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.
(c) Unexpended Funds.--At the end of each fiscal year, the
Administrator shall deposit in the Fund established in section 401 any
amount appropriated under section 406 but not disbursed to a State
under this section.
SEC. 403. ELIGIBILITY FOR FUNDING.
(a) Eligibility of State.--A State shall not be eligible for
funding for purposes of section 402 unless the Administrator, in
consultation with the Partnership, determines that the State is
participating actively and sufficiently in the development and
implementation of the relevant Regional Ocean Strategic Plan under
section 303.
(b) Eligible Purposes.--States that receive funds under this title
may only use such funds for purposes of fulfilling the State's
obligations and responsibilities for
(1) implementation of a Regional Ocean Strategic Plan
approved under section 303 in accordance with a spending plan
approved under section 404(c)(1);
(2) development of the Regional Ocean Strategic Plan under
section 303(b) until such Plan is complete, in accordance with
a budget approved under section 404(c)(2);
(3) providing assistance to the Administrator in conducting
the initial ocean region assessment under section 303(a) until
such assessment is complete in accordance with a budget
approved under section 404(c)(2); and
(4) implementation of other regional efforts that also
implement the National Ocean Policy during the 3-year period
beginning on the date of the designation or establishment of
the relevant Regional Ocean Partnership under section 302 in
accordance with the applications approved under section
404(c)(3).
SEC. 404. FUNDING PROCEDURES.
(a) Requirements.--Each State seeking funding under this title
shall submit to the Administrator an application for such funds.
(b) Approval.--The Administrator shall approve an application
submitted by a State under subsection (a) if, in consultation with the
Regional Ocean Partnership, the Administrator--
(1) certifies that the State is eligible for funding under
section 403(a);
(2) finds that the activities proposed in the application
are part of an approved spending plan submitted by the relevant
Regional Ocean Partnership under subsection (c); and
(3) ensures that previous payments under this title made to
the State and coastal political subdivisions in the State were
used in accordance with section 403(b).
(c) Spending Plans, Budgets, and Other Regional Efforts.--
(1) Spending plan for implementing regional ocean strategic
plans.--Each Regional Ocean Partnership that has participating
States that are seeking funding under section 403(b)(1) shall
submit to the Administrator a spending plan for such States for
each fiscal year. The total funds requested in the spending
plan shall not exceed the amount allocated to the Region by the
Administrator under section 405 for that fiscal year. In
addition to such other requirements as the Administrator by
regulation shall prescribe, each spending plan shall include--
(A) a list of the States participating in the
Regional Ocean Partnership;
(B) the name of the State agency for each State
listed in subparagraph (A) that will have the authority
to represent and act for the State in dealing with the
Administrator for purposes of this title;
(C) a description of how funds provided under this
title will be used by each participating State to
implement the Regional Ocean Strategic Plan; and
(D) certification by the governor of each
participating State that all the funds provided under
this title to the State and coastal political
subdivisions of that State will be used in a manner
consistent with section 403(b)(1) and the National
Ocean Policy.
(2) Budgets for developing regional ocean strategic plans
and assisting with initial regional ocean assessments.--Each
Regional Ocean Partnership with participating States that are
seeking funding under section 403(b)(2) or section 403(b)(3)
shall submit an annual budget for approval by the Administrator
identifying--
(A) a list of the States participating in the
Regional Ocean Partnership;
(B) the name of the State agency for each State
listed in subparagraph (A) that will have the authority
to represent and act for the State in dealing with the
Administrator for purposes of this title; and
(C) the costs under section 303(a) or section
303(b) that require financial support from the
Administrator.
(3) Other regional efforts.--Each coastal State seeking
funding for other regional efforts under section 403(b)(4)
shall submit an application for approval by the Administrator
that includes the following:
(A) The name of the State agency that will have the
authority to represent and act for the State in dealing
with the Administrator for purposes of this subsection.
(B) A description of how funds provided pursuant to
this subsection will be used for activities that
further the implementation of the National Ocean
Policy.
(C) Certification by the Governor of the State that
all the funds provided pursuant to this subsection to
the State will be used in a manner consistent with the
National Ocean policy.
(4) Limitation on other uses.--Not more than 50 percent of
amounts paid to a State from amounts appropriated under section
406(a)(1)(A) may be used by the State to implement other
regional ocean governance efforts that further the
implementation of the National Ocean Policy as described in the
application under paragraph (3).
(d) Procedure and Timing; Revisions.--The Administrator shall
approve or disapprove in accordance with this subsection each spending
plan submitted under subsection (c)(1). If a Regional Ocean Partnership
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.
(e) Spending Plan Amendment or Revision.--Any amendment to or
revision of the spending plan shall be prepared in accordance with the
requirements of this section 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.
(f) Public Comment.--Before approving or disapproving a spending
plan, or an amendment or revision to such a plan, the Administrator
shall provide for public comment on the proposed expenditures in the
spending plan for the forthcoming year.
(g) Time of Payment.--Payments to States under this title shall be
made not later than December 31 of each year from appropriations made
during the immediately preceding fiscal year.
SEC. 405. EQUITABLE ALLOCATION.
(a) Maximum Amount Available to Each Ocean Region.--Of the amounts
appropriated under section 406, the Administrator shall determine and
allocate to each ocean region the maximum amount of funds that the
Administrator may grant under this title for use in that region, based
on the following weighted formula:
(1) 35 percent of such amount shall be determined based on
the ratio of the shoreline miles (as that term is used in the
Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.))
of the ocean region to the shoreline miles of all ocean
regions.
(2) 65 percent of such amount shall be determined based on
the ratio of the coastal population density of the ocean region
to the coastal population density of all ocean regions.
(b) Payments to Political Subdivisions.--The governor of a State
that receives funds under this title shall use such funds only--
(1) for the purposes under section 403(b) that the State
applied for and received the funds; or
(2) for awards to coastal political subdivisions of the
State, on a competitive basis, for such purposes.
SEC. 406. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated the following amounts:
(1) To the Administrator for making payments to coastal
States under this title--
(A) $40,000,000 for each of fiscal years 2011,
2012, and 2013 for developing a Regional Ocean
Strategic Plan under section 403(b)(2), for assisting
the Administrator in conducting an initial ocean region
assessment under section 403(b)(3), and for
implementing other regional efforts under section
403(b)(4); and
(B) $60,000,000 for each of fiscal years 2014
through 2021 and for implementing and updating Regional
Ocean Strategic Plans under section 403(b)(1).
(2) To the Administrator $20,000,000 for each of fiscal
years 2011 through 2021 thereafter for purposes of--
(A) conducting and updating ocean region
assessments under section 303; and
(B) supporting efforts by the Regional Ocean
Partnerships to develop Regional Ocean Strategic Plans
under section 303.
(3) To the Administrator for allocation, with concurrence
of the Committee on Ocean Policy, for carrying out
responsibilities of the Federal Government for development and
implementation of Regional Ocean Strategic Plans--
(A) $30,000,000 for fiscal year 2014;
(B) $40,000,000 for fiscal year 2015; and
(C) $50,000,000 for each of fiscal years 2016
through 2021.
SEC. 407. HEALTHY OCEAN 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 401)
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.
SEC. 408. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR ADMINISTRATION.
Of the amounts made available under 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. 409. 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. 410. 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 Funds 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.
<all>
Introduced in House
Introduced in House
Referred to the Subcommittee on Energy and Environment.
Referred to House Natural Resources
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 House Science and Technology
Referred to the Subcommittee on Insular Affairs, Oceans and Wildlife.
Subcommittee Hearings Held.
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