# Omnibus Public Land Management Act of 2009/Title XII
## Subtitle A—Ocean Exploration
### PART I—EXPLORATION
#### SEC. 12001. PURPOSE.

    The purpose of this part is to establish the national ocean exploration program and the national undersea research program within the National Oceanic and Atmospheric Administration.

#### SEC. 12002. PROGRAM ESTABLISHED.

    The Administrator of the National Oceanic and Atmospheric Administration shall, in consultation with the National Science Foundation and other appropriate Federal agencies, establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration that promotes collaboration with other Federal ocean and undersea research and exploration programs. To the extent appropriate, the Administrator shall seek to facilitate coordination of data and information management systems, outreach and education programs to improve public understanding of ocean and coastal resources, and development and transfer of technologies to facilitate ocean and undersea research and exploration.

#### SEC. 12003. POWERS AND DUTIES OF THE ADMINISTRATOR.

    (a) In General- In carrying out the program authorized by section 12002, the Administrator of the National Oceanic and Atmospheric Administration shall—
       (1) conduct interdisciplinary voyages or other scientific activities in conjunction with other Federal agencies or academic or educational institutions, to explore and survey little known areas of the marine environment, inventory, observe, and assess living and nonliving marine resources, and report such findings;
       (2) give priority attention to deep ocean regions, with a focus on deep water marine systems that hold potential for important scientific discoveries, such as hydrothermal vent communities and seamounts;
       (3) conduct scientific voyages to locate, define, and document historic shipwrecks, submerged sites, and other ocean exploration activities that combine archaeology and oceanographic sciences;
       (4) develop and implement, in consultation with the National Science Foundation, a transparent, competitive process for merit-based peer-review and approval of proposals for activities to be conducted under this program, taking into consideration advice of the Board established under section 12005;
       (5) enhance the technical capability of the United States marine science community by promoting the development of improved oceanographic research, communication, navigation, and data collection systems, as well as underwater platforms and sensor and autonomous vehicles; and
       (6) establish an ocean exploration forum to encourage partnerships and promote communication among experts and other stakeholders in order to enhance the scientific and technical expertise and relevance of the national program.
    (b) Donations- The Administrator may accept donations of property, data, and equipment to be applied for the purpose of exploring the oceans or increasing knowledge of the oceans.

#### SEC. 12004. OCEAN EXPLORATION AND UNDERSEA RESEARCH TECHNOLOGY AND INFRASTRUCTURE TASK FORCE.

    (a) In General- The Administrator of the National Oceanic and Atmospheric Administration, in coordination with the National Science Foundation, the National Aeronautics and Space Administration, the United States Geological Survey, the Department of the Navy, the Mineral Management Service, and relevant governmental, non-governmental, academic, industry, and other experts, shall convene an ocean exploration and undersea research technology and infrastructure task force to develop and implement a strategy—
       (1) to facilitate transfer of new exploration and undersea research technology to the programs authorized under this part and part II of this subtitle;
       (2) to improve availability of communications infrastructure, including satellite capabilities, to such programs;
       (3) to develop an integrated, workable, and comprehensive data management information processing system that will make information on unique and significant features obtained by such programs available for research and management purposes;
       (4) to conduct public outreach activities that improve the public understanding of ocean science, resources, and processes, in conjunction with relevant programs of the National Oceanic and Atmospheric Administration, the National Science Foundation, and other agencies; and
       (5) to encourage cost-sharing partnerships with governmental and nongovernmental entities that will assist in transferring exploration and undersea research technology and technical expertise to the programs.
    (b) Budget Coordination- The task force shall coordinate the development of agency budgets and identify the items in their annual budget that support the activities identified in the strategy developed under subsection (a).

#### SEC. 12005. OCEAN EXPLORATION ADVISORY BOARD.

    (a) Establishment- The Administrator of the National Oceanic and Atmospheric Administration shall appoint an Ocean Exploration Advisory Board composed of experts in relevant fields—
       (1) to advise the Administrator on priority areas for survey and discovery;
       (2) to assist the program in the development of a 5-year strategic plan for the fields of ocean, marine, and Great Lakes science, exploration, and discovery;
       (3) to annually review the quality and effectiveness of the proposal review process established under section 12003(a)(4); and
       (4) to provide other assistance and advice as requested by the Administrator.
    (b) Federal Advisory Committee Act- Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board appointed under subsection (a).
    (c) Application With Outer Continental Shelf Lands Act- Nothing in part supersedes, or limits the authority of the Secretary of the Interior under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).

#### SEC. 12006. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this part—
       (1) $33,550,000 for fiscal year 2009;
       (2) $36,905,000 for fiscal year 2010;
       (3) $40,596,000 for fiscal year 2011;
       (4) $44,655,000 for fiscal year 2012;
       (5) $49,121,000 for fiscal year 2013;
       (6) $54,033,000 for fiscal year 2014; and
       (7) $59,436,000 for fiscal year 2015.

### PART II—NOAA UNDERSEA RESEARCH PROGRAM ACT OF 2009
#### SEC. 12101. SHORT TITLE.

    This part may be cited as the ``NOAA Undersea Research Program Act of 2009´´.

#### SEC. 12102. PROGRAM ESTABLISHED.

    (a) In General- The Administrator of the National Oceanic and Atmospheric Administration shall establish and maintain an undersea research program and shall designate a Director of that program.
    (b) Purpose- The purpose of the program is to increase scientific knowledge essential for the informed management, use, and preservation of oceanic, marine, and coastal areas and the Great Lakes.

#### SEC. 12103. POWERS OF PROGRAM DIRECTOR.

    The Director of the program, in carrying out the program, shall—
       (1) cooperate with institutions of higher education and other educational marine and ocean science organizations, and shall make available undersea research facilities, equipment, technologies, information, and expertise to support undersea research efforts by these organizations;
       (2) enter into partnerships, as appropriate and using existing authorities, with the private sector to achieve the goals of the program and to promote technological advancement of the marine industry; and
       (3) coordinate the development of agency budgets and identify the items in their annual budget that support the activities described in paragraphs (1) and (2).

#### SEC. 12104. ADMINISTRATIVE STRUCTURE.

    (a) In General- The program shall be conducted through a national headquarters, a network of extramural regional undersea research centers that represent all relevant National Oceanic and Atmospheric Administration regions, and the National Institute for Undersea Science and Technology.
    (b) Direction- The Director shall develop the overall direction of the program in coordination with a Council of Center Directors comprised of the directors of the extramural regional centers and the National Institute for Undersea Science and Technology. The Director shall publish a draft program direction document not later than 1 year after the date of enactment of this Act in the Federal Register for a public comment period of not less than 120 days. The Director shall publish a final program direction, including responses to the comments received during the public comment period, in the Federal Register within 90 days after the close of the comment period. The program director shall update the program direction, with opportunity for public comment, at least every 5 years.

#### SEC. 12105. RESEARCH, EXPLORATION, EDUCATION, AND TECHNOLOGY PROGRAMS.

    (a) In General- The following research, exploration, education, and technology programs shall be conducted through the network of regional centers and the National Institute for Undersea Science and Technology:
       (1) Core research and exploration based on national and regional undersea research priorities.
       (2) Advanced undersea technology development to support the National Oceanic and Atmospheric Administration's research mission and programs.
       (3) Undersea science-based education and outreach programs to enrich ocean science education and public awareness of the oceans and Great Lakes.
       (4) Development, testing, and transition of advanced undersea technology associated with ocean observatories, submersibles, advanced diving technologies, remotely operated vehicles, autonomous underwater vehicles, and new sampling and sensing technologies.
       (5) Discovery, study, and development of natural resources and products from ocean, coastal, and aquatic systems.
    (b) Operations- The Director of the program, through operation of the extramural regional centers and the National Institute for Undersea Science and Technology, shall leverage partnerships and cooperative research with academia and private industry.

#### SEC. 12106. COMPETITIVENESS.

    (a) Discretionary Fund- The Program shall allocate no more than 10 percent of its annual budget to a discretionary fund that may be used only for program administration and priority undersea research projects identified by the Director but not covered by funding available from centers.
    (b) Competitive Selection- The Administrator shall conduct an initial competition to select the regional centers that will participate in the program 90 days after the publication of the final program direction under section 12104 and every 5 years thereafter. Funding for projects conducted through the regional centers shall be awarded through a competitive, merit-reviewed process on the basis of their relevance to the goals of the program and their technical feasibility.

#### SEC. 12107. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the National Oceanic and Atmospheric Administration—
       (1) for fiscal year 2009—
          (A) $13,750,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; and
          (B) $5,500,000 for the National Technology Institute;
       (2) for fiscal year 2010—
          (A) $15,125,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; and
          (B) $6,050,000 for the National Technology Institute;
       (3) for fiscal year 2011—
          (A) $16,638,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; and
          (B) $6,655,000 for the National Technology Institute;
       (4) for fiscal year 2012—
          (A) $18,301,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; and
          (B) $7,321,000 for the National Technology Institute;
       (5) for fiscal year 2013—
          (A) $20,131,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; and
          (B) $8,053,000 for the National Technology Institute;
       (6) for fiscal year 2014—
          (A) $22,145,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; and
          (B) $8,859,000 for the National Technology Institute; and
       (7) for fiscal year 2015—
          (A) $24,359,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; and
          (B) $9,744,000 for the National Technology Institute.

## Subtitle B—Ocean and Coastal Mapping Integration Act
#### SEC. 12201. SHORT TITLE.

    This subtitle may be cited as the ``Ocean and Coastal Mapping Integration Act´´.

#### SEC. 12202. ESTABLISHMENT OF PROGRAM.

    (a) In General- The President, in coordination with the Interagency Committee on Ocean and Coastal Mapping and affected coastal states, shall establish a program to develop a coordinated and comprehensive Federal ocean and coastal mapping plan for the Great Lakes and coastal state waters, the territorial sea, the exclusive economic zone, and the continental shelf of the United States that enhances ecosystem approaches in decision-making for conservation and management of marine resources and habitats, establishes research and mapping priorities, supports the siting of research and other platforms, and advances ocean and coastal science.
    (b) Membership- The Committee shall be comprised of high-level representatives of the Department of Commerce, through the National Oceanic and Atmospheric Administration, the Department of the Interior, the National Science Foundation, the Department of Defense, the Environmental Protection Agency, the Department of Homeland Security, the National Aeronautics and Space Administration, and other appropriate Federal agencies involved in ocean and coastal mapping.
    (c) Program Parameters- In developing such a program, the President, through the Committee, shall—
       (1) identify all Federal and federally-funded programs conducting shoreline delineation and ocean or coastal mapping, noting geographic coverage, frequency, spatial coverage, resolution, and subject matter focus of the data and location of data archives;
       (2) facilitate cost-effective, cooperative mapping efforts that incorporate policies for contracting with non-governmental entities among all Federal agencies conducting ocean and coastal mapping, by increasing data sharing, developing appropriate data acquisition and metadata standards, and facilitating the interoperability of in situ data collection systems, data processing, archiving, and distribution of data products;
       (3) facilitate the adaptation of existing technologies as well as foster expertise in new ocean and coastal mapping technologies, including through research, development, and training conducted among Federal agencies and in cooperation with non-governmental entities;
       (4) develop standards and protocols for testing innovative experimental mapping technologies and transferring new technologies between the Federal Government, coastal state, and non-governmental entities;
       (5) provide for the archiving, management, and distribution of data sets through a national registry as well as provide mapping products and services to the general public in service of statutory requirements;
       (6) develop data standards and protocols consistent with standards developed by the Federal Geographic Data Committee for use by Federal, coastal state, and other entities in mapping and otherwise documenting locations of federally permitted activities, living and nonliving coastal and marine resources, marine ecosystems, sensitive habitats, submerged cultural resources, undersea cables, offshore aquaculture projects, offshore energy projects, and any areas designated for purposes of environmental protection or conservation and management of living and nonliving coastal and marine resources;
       (7) identify the procedures to be used for coordinating the collection and integration of Federal ocean and coastal mapping data with coastal state and local government programs;
       (8) facilitate, to the extent practicable, the collection of real-time tide data and the development of hydrodynamic models for coastal areas to allow for the application of V-datum tools that will facilitate the seamless integration of onshore and offshore maps and charts;
       (9) establish a plan for the acquisition and collection of ocean and coastal mapping data; and
       (10) set forth a timetable for completion and implementation of the plan.

#### SEC. 12203. INTERAGENCY COMMITTEE ON OCEAN AND COASTAL MAPPING.

    (a) In General- The Administrator of the National Oceanic and Atmospheric Administration, within 30 days after the date of enactment of this Act, shall convene or utilize an existing interagency committee on ocean and coastal mapping to implement section 12202.
    (b) Membership- The committee shall be comprised of senior representatives from Federal agencies with ocean and coastal mapping and surveying responsibilities. The representatives shall be high-ranking officials of their respective agencies or departments and, whenever possible, the head of the portion of the agency or department that is most relevant to the purposes of this subtitle. Membership shall include senior representatives from the National Oceanic and Atmospheric Administration, the Chief of Naval Operations, the United States Geological Survey, the Minerals Management Service, the National Science Foundation, the National Geospatial-Intelligence Agency, the United States Army Corps of Engineers, the Coast Guard, the Environmental Protection Agency, the Federal Emergency Management Agency, the National Aeronautics and Space Administration, and other appropriate Federal agencies involved in ocean and coastal mapping.
    (c) Co-Chairmen- The Committee shall be co-chaired by the representative of the Department of Commerce and a representative of the Department of the Interior.
    (d) Subcommittee- The co-chairmen shall establish a subcommittee to carry out the day-to-day work of the Committee, comprised of senior representatives of any member agency of the committee. Working groups may be formed by the full Committee to address issues of short duration. The subcommittee shall be chaired by the representative from the National Oceanic and Atmospheric Administration. The chairmen of the Committee may create such additional subcommittees and working groups as may be needed to carry out the work of Committee.
    (e) Meetings- The committee shall meet on a quarterly basis, but each subcommittee and each working group shall meet on an as-needed basis.
    (f) Coordination- The committee shall coordinate activities when appropriate, with—
       (1) other Federal efforts, including the Digital Coast, Geospatial One-Stop, and the Federal Geographic Data Committee;
       (2) international mapping activities;
       (3) coastal states;
       (4) user groups through workshops and other appropriate mechanisms; and
       (5) representatives of nongovernmental entities.
    (g) Advisory Panel- The Administrator may convene an ocean and coastal mapping advisory panel consisting of representatives from non-governmental entities to provide input regarding activities of the committee in consultation with the interagency committee.

#### SEC. 12204. BIENNIAL REPORTS.

    No later than 18 months after the date of enactment of this Act, and biennially thereafter, the co-chairmen of the Committee shall transmit to the Committees on Commerce, Science, and Transportation and Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report detailing progress made in implementing this subtitle, including—
       (1) an inventory of ocean and coastal mapping data within the territorial sea and the exclusive economic zone and throughout the Continental Shelf of the United States, noting the age and source of the survey and the spatial resolution (metadata) of the data;
       (2) identification of priority areas in need of survey coverage using present technologies;
       (3) a resource plan that identifies when priority areas in need of modern ocean and coastal mapping surveys can be accomplished;
       (4) the status of efforts to produce integrated digital maps of ocean and coastal areas;
       (5) a description of any products resulting from coordinated mapping efforts under this subtitle that improve public understanding of the coasts and oceans, or regulatory decisionmaking;
       (6) documentation of minimum and desired standards for data acquisition and integrated metadata;
       (7) a statement of the status of Federal efforts to leverage mapping technologies, coordinate mapping activities, share expertise, and exchange data;
       (8) a statement of resource requirements for organizations to meet the goals of the program, including technology needs for data acquisition, processing, and distribution systems;
       (9) a statement of the status of efforts to declassify data gathered by the Navy, the National Geospatial-Intelligence Agency, and other agencies to the extent possible without jeopardizing national security, and make it available to partner agencies and the public;
       (10) a resource plan for a digital coast integrated mapping pilot project for the northern Gulf of Mexico that will—
          (A) cover the area from the authorized coastal counties through the territorial sea;
          (B) identify how such a pilot project will leverage public and private mapping data and resources, such as the United States Geological Survey National Map, to result in an operational coastal change assessment program for the subregion;
       (11) the status of efforts to coordinate Federal programs with coastal state and local government programs and leverage those programs;
       (12) a description of efforts of Federal agencies to increase contracting with nongovernmental entities; and
       (13) an inventory and description of any new Federal or federally funded programs conducting shoreline delineation and ocean or coastal mapping since the previous reporting cycle.

#### SEC. 12205. PLAN.

    (a) In General- Not later than 6 months after the date of enactment of this Act, the Administrator, in consultation with the Committee, shall develop and submit to the Congress a plan for an integrated ocean and coastal mapping initiative within the National Oceanic and Atmospheric Administration.
    (b) Plan Requirements- The plan shall—
       (1) identify and describe all ocean and coastal mapping programs within the agency, including those that conduct mapping or related activities in the course of existing missions, such as hydrographic surveys, ocean exploration projects, living marine resource conservation and management programs, coastal zone management projects, and ocean and coastal observations and science projects;
       (2) establish priority mapping programs and establish and periodically update priorities for geographic areas in surveying and mapping across all missions of the National Oceanic and Atmospheric Administration, as well as minimum data acquisition and metadata standards for those programs;
       (3) encourage the development of innovative ocean and coastal mapping technologies and applications, through research and development through cooperative or other agreements with joint or cooperative research institutes or centers and with other non-governmental entities;
       (4) document available and developing technologies, best practices in data processing and distribution, and leveraging opportunities with other Federal agencies, coastal states, and non-governmental entities;
       (5) identify training, technology, and other resource requirements for enabling the National Oceanic and Atmospheric Administration's programs, vessels, and aircraft to support a coordinated ocean and coastal mapping program;
       (6) identify a centralized mechanism or office for coordinating data collection, processing, archiving, and dissemination activities of all such mapping programs within the National Oceanic and Atmospheric Administration that meets Federal mandates for data accuracy and accessibility and designate a repository that is responsible for archiving and managing the distribution of all ocean and coastal mapping data to simplify the provision of services to benefit Federal and coastal state programs; and
       (7) set forth a timetable for implementation and completion of the plan, including a schedule for submission to the Congress of periodic progress reports and recommendations for integrating approaches developed under the initiative into the interagency program.
    (c) NOAA Joint Ocean and Coastal Mapping Centers- The Administrator may maintain and operate up to 3 joint ocean and coastal mapping centers, including a joint hydrographic center, which shall each be co-located with an institution of higher education. The centers shall serve as hydrographic centers of excellence and may conduct activities necessary to carry out the purposes of this subtitle, including—
       (1) research and development of innovative ocean and coastal mapping technologies, equipment, and data products;
       (2) mapping of the United States Outer Continental Shelf and other regions;
       (3) data processing for nontraditional data and uses;
       (4) advancing the use of remote sensing technologies, for related issues, including mapping and assessment of essential fish habitat and of coral resources, ocean observations, and ocean exploration; and
       (5) providing graduate education and training in ocean and coastal mapping sciences for members of the National Oceanic and Atmospheric Administration Commissioned Officer Corps, personnel of other agencies with ocean and coastal mapping programs, and civilian personnel.
    (d) NOAA Report- The Administrator shall continue developing a strategy for expanding contracting with non-governmental entities to minimize duplication and take maximum advantage of nongovernmental capabilities in fulfilling the Administration's mapping and charting responsibilities. Within 120 days after the date of enactment of this Act, the Administrator shall transmit a report describing the strategy developed under this subsection to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives.

#### SEC. 12206. EFFECT ON OTHER LAWS.

    Nothing in this subtitle shall be construed to supersede or alter the existing authorities of any Federal agency with respect to ocean and coastal mapping.

#### SEC. 12207. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General- In addition to the amounts authorized by section 306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892d), there are authorized to be appropriated to the Administrator to carry out this subtitle—
       (1) $26,000,000 for fiscal year 2009;
       (2) $32,000,000 for fiscal year 2010;
       (3) $38,000,000 for fiscal year 2011; and
       (4) $45,000,000 for each of fiscal years 2012 through 2015.
    (b) Joint Ocean and Coastal Mapping Centers- Of the amounts appropriated pursuant to subsection (a), the following amounts shall be used to carry out section 12205(c) of this subtitle:
       (1) $11,000,000 for fiscal year 2009.
       (2) $12,000,000 for fiscal year 2010.
       (3) $13,000,000 for fiscal year 2011.
       (4) $15,000,000 for each of fiscal years 2012 through 2015.
    (c) Cooperative Agreements- To carry out interagency activities under section 12203 of this subtitle, the head of any department or agency may execute a cooperative agreement with the Administrator, including those authorized by section 5 of the Act of August 6, 1947 (33 U.S.C. 883e).

#### SEC. 12208. DEFINITIONS.

    In this subtitle:
       (1) ADMINISTRATOR- The term `Administrator' means the Administrator of the National Oceanic and Atmospheric Administration.
       (2) COASTAL STATE- The term `coastal state' has the meaning given that term by section 304(4) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4).
       (3) COMMITTEE- The term `Committee' means the Interagency Ocean and Coastal Mapping Committee established by section 12203.
       (4) EXCLUSIVE ECONOMIC ZONE- The term `exclusive economic zone' means the exclusive economic zone of the United States established by Presidential Proclamation No. 5030, of March 10, 1983.
       (5) OCEAN AND COASTAL MAPPING- The term `ocean and coastal mapping' means the acquisition, processing, and management of physical, biological, geological, chemical, and archaeological characteristics and boundaries of ocean and coastal areas, resources, and sea beds through the use of acoustics, satellites, aerial photogrammetry, light and imaging, direct sampling, and other mapping technologies.
       (6) TERRITORIAL SEA- The term `territorial sea' means the belt of sea measured from the baseline of the United States determined in accordance with international law, as set forth in Presidential Proclamation Number 5928, dated December 27, 1988.
       (7) NONGOVERNMENTAL ENTITIES- The term `nongovernmental entities' includes nongovernmental organizations, members of the academic community, and private sector organizations that provide products and services associated with measuring, locating, and preparing maps, charts, surveys, aerial photographs, satellite imagines, or other graphical or digital presentations depicting natural or manmade physical features, phenomena, and legal boundaries of the Earth.
       (8) OUTER CONTINENTAL SHELF- The term `Outer Continental Shelf' means all submerged lands lying seaward and outside of lands beneath navigable waters (as that term is defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301)), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.

## Subtitle C—Integrated Coastal and Ocean Observation System Act of 2009
#### SEC. 12301. SHORT TITLE.

    This subtitle may be cited as the ``Integrated Coastal and Ocean Observation System Act of 2009´´.

#### SEC. 12302. PURPOSES.

    The purposes of this subtitle are to—
       (1) establish a national integrated System of ocean, coastal, and Great Lakes observing systems, comprised of Federal and non-Federal components coordinated at the national level by the National Ocean Research Leadership Council and at the regional level by a network of regional information coordination entities, and that includes in situ, remote, and other coastal and ocean observation, technologies, and data management and communication systems, and is designed to address regional and national needs for ocean information, to gather specific data on key coastal, ocean, and Great Lakes variables, and to ensure timely and sustained dissemination and availability of these data to—
          (A) support national defense, marine commerce, navigation safety, weather, climate, and marine forecasting, energy siting and production, economic development, ecosystem-based marine, coastal, and Great Lakes resource management, public safety, and public outreach training and education;
          (B) promote greater public awareness and stewardship of the Nation's ocean, coastal, and Great Lakes resources and the general public welfare; and
          (C) enable advances in scientific understanding to support the sustainable use, conservation, management, and understanding of healthy ocean, coastal, and Great Lakes resources;
       (2) improve the Nation's capability to measure, track, explain, and predict events related directly and indirectly to weather and climate change, natural climate variability, and interactions between the oceanic and atmospheric environments, including the Great Lakes; and
       (3) authorize activities to promote basic and applied research to develop, test, and deploy innovations and improvements in coastal and ocean observation technologies, modeling systems, and other scientific and technological capabilities to improve our conceptual understanding of weather and climate, ocean-atmosphere dynamics, global climate change, physical, chemical, and biological dynamics of the ocean, coastal and Great Lakes environments, and to conserve healthy and restore degraded coastal ecosystems.

#### SEC. 12303. DEFINITIONS.

    In this subtitle:
       (1) ADMINISTRATOR—
          The term `Administrator' means the Under Secretary of Commerce for Oceans and Atmosphere in the Under Secretary's capacity as Administrator of the National Oceanic and Atmospheric Administration.
       (2) COUNCIL—
          The term `Council' means the National Ocean Research Leadership Council established by section 7902 of title 10, United States Code.
       (3) FEDERAL ASSETS—
          The term `Federal assets' means all relevant non-classified civilian coastal and ocean observations, technologies, and related modeling, research, data management, basic and applied technology research and development, and public education and outreach programs, that are managed by member agencies of the Council.
       (4) INTERAGENCY OCEAN OBSERVATION COMMITTEE—
          The term `Interagency Ocean Observation Committee' means the committee established under section 12304(c)(2).
       (5) NON-FEDERAL ASSETS—
          The term `non-Federal assets' means all relevant coastal and ocean observation technologies, related basic and applied technology research and development, and public education and outreach programs that are integrated into the System and are managed through States, regional organizations, universities, nongovernmental organizations, or the private sector.
       (6) REGIONAL INFORMATION COORDINATION ENTITIES—
          (A) IN GENERAL—
             The term `regional information coordination entity' means an organizational body that is certified or established by contract or memorandum by the lead Federal agency designated in section 12304(c)(3) of this subtitle and coordinates State, Federal, local, and private interests at a regional level with the responsibility of engaging the private and public sectors in designing, operating, and improving regional coastal and ocean observing systems in order to ensure the provision of data and information that meet the needs of user groups from the respective regions.
          (B) CERTAIN INCLUDED ASSOCIATIONS—
             The term `regional information coordination entity' includes regional associations described in the System Plan.
       (7) SECRETARY—
          The term `Secretary' means the Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration.
       (8) SYSTEM—
          The term `System' means the National Integrated Coastal and Ocean Observation System established under section 12304.
       (9) SYSTEM PLAN—
          The term `System Plan' means the plan contained in the document entitled `Ocean. US Publication No. 9, The First Integrated Ocean Observing System (IOOS) Development Plan', as updated by the Council under this subtitle.

#### SEC. 12304. INTEGRATED COASTAL AND OCEAN OBSERVING SYSTEM.

    (a) Establishment- The President, acting through the Council, shall establish a National Integrated Coastal and Ocean Observation System to fulfill the purposes set forth in section 12302 of this subtitle and the System Plan and to fulfill the Nation's international obligations to contribute to the Global Earth Observation System of Systems and the Global Ocean Observing System.
    (b) System Elements-
       (1) IN GENERAL- In order to fulfill the purposes of this subtitle, the System shall be national in scope and consist of—
          (A) Federal assets to fulfill national and international observation missions and priorities;
          (B) non-Federal assets, including a network of regional information coordination entities identified under subsection (c)(4), to fulfill regional observation missions and priorities;
          (C) data management, communication, and modeling systems for the timely integration and dissemination of data and information products from the System;
          (D) a research and development program conducted under the guidance of the Council, consisting of—
             (i) basic and applied research and technology development to improve understanding of coastal and ocean systems and their relationships to human activities and to ensure improvement of operational assets and products, including related infrastructure, observing technologies, and information and data processing and management technologies; and
             (ii) large scale computing resources and research to advance modeling of coastal and ocean processes.
       (2) ENHANCING ADMINISTRATION AND MANAGEMENT- The head of each Federal agency that has administrative jurisdiction over a Federal asset shall support the purposes of this subtitle and may take appropriate actions to enhance internal agency administration and management to better support, integrate, finance, and utilize observation data, products, and services developed under this section to further its own agency mission and responsibilities.
       (3) AVAILABILITY OF DATA- The head of each Federal agency that has administrative jurisdiction over a Federal asset shall make available data that are produced by that asset and that are not otherwise restricted for integration, management, and dissemination by the System.
       (4) NON-FEDERAL ASSETS- Non-Federal assets shall be coordinated, as appropriate, by the Interagency Ocean Observing Committee or by regional information coordination entities.
    (c) Policy Oversight, Administration, and Regional Coordination-
       (1) COUNCIL FUNCTIONS- The Council shall serve as the policy and coordination oversight body for all aspects of the System. In carrying out its responsibilities under this subtitle, the Council shall—
          (A) approve and adopt comprehensive System budgets developed and maintained by the Interagency Ocean Observation Committee to support System operations, including operations of both Federal and non-Federal assets;
          (B) ensure coordination of the System with other domestic and international earth observing activities including the Global Ocean Observing System and the Global Earth Observing System of Systems, and provide, as appropriate, support for and representation on United States delegations to international meetings on coastal and ocean observing programs; and
          (C) encourage coordinated intramural and extramural research and technology development, and a process to transition developing technology and methods into operations of the System.
       (2) INTERAGENCY OCEAN OBSERVATION COMMITTEE- The Council shall establish or designate an Interagency Ocean Observation Committee which shall—
          (A) prepare annual and long-term plans for consideration and approval by the Council for the integrated design, operation, maintenance, enhancement and expansion of the System to meet the objectives of this subtitle and the System Plan;
          (B) develop and transmit to Congress at the time of submission of the President's annual budget request an annual coordinated, comprehensive budget to operate all elements of the System identified in subsection (b), and to ensure continuity of data streams from Federal and non-Federal assets;
          (C) establish required observation data variables to be gathered by both Federal and non-Federal assets and identify, in consultation with regional information coordination entities, priorities for System observations;
          (D) establish protocols and standards for System data processing, management, and communication;
          (E) develop contract certification standards and compliance procedures for all non-Federal assets, including regional information coordination entities, to establish eligibility for integration into the System and to ensure compliance with all applicable standards and protocols established by the Council, and ensure that regional observations are integrated into the System on a sustained basis;
          (F) identify gaps in observation coverage or needs for capital improvements of both Federal assets and non-Federal assets;
          (G) subject to the availability of appropriations, establish through one or more participating Federal agencies, in consultation with the System advisory committee established under subsection (d), a competitive matching grant or other programs—
             (i) to promote intramural and extramural research and development of new, innovative, and emerging observation technologies including testing and field trials; and
             (ii) to facilitate the migration of new, innovative, and emerging scientific and technological advances from research and development to operational deployment;
          (H) periodically review and recommend to the Council, in consultation with the Administrator, revisions to the System Plan;
          (I) ensure collaboration among Federal agencies participating in the activities of the Committee; and
          (J) perform such additional duties as the Council may delegate.
       (3) LEAD FEDERAL AGENCY- The National Oceanic and Atmospheric Administration shall function as the lead Federal agency for the implementation and administration of the System, in consultation with the Council, the Interagency Ocean Observation Committee, other Federal agencies that maintain portions of the System, and the regional information coordination entities, and shall—
          (A) establish an Integrated Ocean Observing Program Office within the National Oceanic and Atmospheric Administration utilizing to the extent necessary, personnel from member agencies participating on the Interagency Ocean Observation Committee, to oversee daily operations and coordination of the System;
          (B) implement policies, protocols, and standards approved by the Council and delegated by the Interagency Ocean Observing Committee;
          (C) promulgate program guidelines to certify and integrate non-Federal assets, including regional information coordination entities, into the System to provide regional coastal and ocean observation data that meet the needs of user groups from the respective regions;
          (D) have the authority to enter into and oversee contracts, leases, grants or cooperative agreements with non-Federal assets, including regional information coordination entities, to support the purposes of this subtitle on such terms as the Administrator deems appropriate;
          (E) implement a merit-based, competitive funding process to support non-Federal assets, including the development and maintenance of a network of regional information coordination entities, and develop and implement a process for the periodic review and evaluation of all non-Federal assets, including regional information coordination entities;
          (F) provide opportunities for competitive contracts and grants for demonstration projects to design, develop, integrate, deploy, and support components of the System;
          (G) establish efficient and effective administrative procedures for allocation of funds among contractors, grantees, and non-Federal assets, including regional information coordination entities in a timely manner, and contingent on appropriations according to the budget adopted by the Council;
          (H) develop and implement a process for the periodic review and evaluation of regional information coordination entities;
          (I) formulate an annual process by which gaps in observation coverage or needs for capital improvements of Federal assets and non-Federal assets of the System are identified by the regional information coordination entities, the Administrator, or other members of the System and transmitted to the Interagency Ocean Observing Committee;
          (J) develop and be responsible for a data management and communication system, in accordance with standards and protocols established by the Council, by which all data collected by the System regarding ocean and coastal waters of the United States including the Great Lakes, are processed, stored, integrated, and made available to all end-user communities;
          (K) implement a program of public education and outreach to improve public awareness of global climate change and effects on the ocean, coastal, and Great Lakes environment;
          (L) report annually to the Interagency Ocean Observing Committee on the accomplishments, operational needs, and performance of the System to contribute to the annual and long-term plans developed pursuant to subsection (c)(2)(A)(i); and
          (M) develop a plan to efficiently integrate into the System new, innovative, or emerging technologies that have been demonstrated to be useful to the System and which will fulfill the purposes of this subtitle and the System Plan.
       (4) REGIONAL INFORMATION COORDINATION ENTITIES-
          (A) IN GENERAL- To be certified or established under this subtitle, a regional information coordination entity shall be certified or established by contract or agreement by the Administrator, and shall agree to meet the certification standards and compliance procedure guidelines issued by the Administrator and information needs of user groups in the region while adhering to national standards and shall—
             (i) demonstrate an organizational structure capable of gathering required System observation data, supporting and integrating all aspects of coastal and ocean observing and information programs within a region and that reflects the needs of State and local governments, commercial interests, and other users and beneficiaries of the System and other requirements specified under this subtitle and the System Plan;
             (ii) identify gaps in observation coverage needs for capital improvements of Federal assets and non-Federal assets of the System, or other recommendations to assist in the development of the annual and long-term plans created pursuant to subsection (c)(2)(A)(i) and transmit such information to the Interagency Ocean Observing Committee via the Program Office;
             (iii) develop and operate under a strategic operational plan that will ensure the efficient and effective administration of programs and assets to support daily data observations for integration into the System, pursuant to the standards approved by the Council;
             (iv) work cooperatively with governmental and non-governmental entities at all levels to identify and provide information products of the System for multiple users within the service area of the regional information coordination entities; and
             (v) comply with all financial oversight requirements established by the Administrator, including requirements relating to audits.
          (B) PARTICIPATION- For the purposes of this subtitle, employees of Federal agencies may participate in the functions of the regional information coordination entities.
    (d) System Advisory Committee-
       (1) IN GENERAL- The Administrator shall establish or designate a System advisory committee, which shall provide advice as may be requested by the Administrator or the Interagency Ocean Observing Committee.
       (2) PURPOSE- The purpose of the System advisory committee is to advise the Administrator and the Interagency Ocean Observing Committee on—
          (A) administration, operation, management, and maintenance of the System, including integration of Federal and non-Federal assets and data management and communication aspects of the System, and fulfillment of the purposes set forth in section 12302;
          (B) expansion and periodic modernization and upgrade of technology components of the System;
          (C) identification of end-user communities, their needs for information provided by the System, and the System's effectiveness in disseminating information to end-user communities and the general public; and
          (D) any other purpose identified by the Administrator or the Interagency Ocean Observing Committee.
       (3) MEMBERS-
          (A) IN GENERAL- The System advisory committee shall be composed of members appointed by the Administrator. Members shall be qualified by education, training, and experience to evaluate scientific and technical information related to the design, operation, maintenance, or use of the System, or use of data products provided through the System.
          (B) TERMS OF SERVICE- Members shall be appointed for 3-year terms, renewable once. A vacancy appointment 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 1 year.
          (C) CHAIRPERSON- The Administrator shall designate a chairperson from among the members of the System advisory committee.
          (D) APPOINTMENT- Members of the System advisory committee shall be appointed as special Government employees for purposes of section 202(a) of title 18, United States Code.
       (4) ADMINISTRATIVE PROVISIONS-
          (A) REPORTING- The System advisory committee shall report to the Administrator and the Interagency Ocean Observing Committee, as appropriate.
          (B) ADMINISTRATIVE SUPPORT- The Administrator shall provide administrative support to the System advisory committee.
          (C) MEETINGS- The System advisory committee shall meet at least once each year, and at other times at the call of the Administrator, the Interagency Ocean Observing Committee, or the chairperson.
          (D) COMPENSATION AND EXPENSES- Members of the System advisory committee shall not be compensated for service on that Committee, 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.
          (E) EXPIRATION- Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the System advisory committee.
    (e) Civil Liability- For purposes of determining liability arising from the dissemination and use of observation data gathered pursuant to this section, any non-Federal asset or regional information coordination entity incorporated into the System by contract, lease, grant, or cooperative agreement under subsection (c)(3)(D) that is participating in the System shall be considered to be part of the National Oceanic and Atmospheric Administration. Any employee of such a non-Federal asset or regional information coordination entity, while operating within the scope of his or her employment in carrying out the purposes of this subtitle, with respect to tort liability, is deemed to be an employee of the Federal Government.
    (f) Limitation- Nothing in this subtitle shall be construed to invalidate existing certifications, contracts, or agreements between regional information coordination entities and other elements of the System.

#### SEC. 12305. INTERAGENCY FINANCING AND AGREEMENTS.

    (a) In General- To carry out interagency activities under this subtitle, the Secretary of Commerce may execute cooperative agreements, or any other agreements, with, and receive and expend funds made available by, any State or subdivision thereof, any Federal agency, or any public or private organization, or individual.
    (b) Reciprocity- Member Departments and agencies of the Council shall have the authority to create, support, and maintain joint centers, and to enter into and perform such contracts, leases, grants, and cooperative agreements as may be necessary to carry out the purposes of this subtitle and fulfillment of the System Plan.

#### SEC. 12306. APPLICATION WITH OTHER LAWS.

    Nothing in this subtitle supersedes or limits the authority of any agency to carry out its responsibilities and missions under other laws.

#### SEC. 12307. REPORT TO CONGRESS.

    (a) Requirement- Not later than 2 years after the date of the enactment of this Act and every 2 years thereafter, the Administrator shall prepare and the President acting through the Council shall approve and transmit to the Congress a report on progress made in implementing this subtitle.
    (b) Contents- The report shall include—
       (1) a description of activities carried out under this subtitle and the System Plan;
       (2) an evaluation of the effectiveness of the System, including an evaluation of progress made by the Council to achieve the goals identified under the System Plan;
       (3) identification of Federal and non-Federal assets as determined by the Council that have been integrated into the System, including assets essential to the gathering of required observation data variables necessary to meet the respective missions of Council agencies;
       (4) a review of procurements, planned or initiated, by each Council agency to enhance, expand, or modernize the observation capabilities and data products provided by the System, including data management and communication subsystems;
       (5) an assessment regarding activities to integrate Federal and non-Federal assets, nationally and on the regional level, and discussion of the performance and effectiveness of regional information coordination entities to coordinate regional observation operations;
       (6) a description of benefits of the program to users of data products resulting from the System (including the general public, industries, scientists, resource managers, emergency responders, policy makers, and educators);
       (7) recommendations concerning—
          (A) modifications to the System; and
          (B) funding levels for the System in subsequent fiscal years; and
       (8) the results of a periodic external independent programmatic audit of the System.

#### SEC. 12308. PUBLIC-PRIVATE USE POLICY.

    The Council shall develop a policy within 6 months after the date of the enactment of this Act that defines processes for making decisions about the roles of the Federal Government, the States, regional information coordination entities, the academic community, and the private sector in providing to end-user communities environmental information, products, technologies, and services related to the System. The Council shall publish the policy in the Federal Register for public comment for a period not less than 60 days. Nothing in this section shall be construed to require changes in policy in effect on the date of enactment of this Act.

#### SEC. 12309. INDEPENDENT COST ESTIMATE.

    Within 1 year after the date of enactment of this Act, the Interagency Ocean Observation Committee, through the Administrator and the Director of the National Science Foundation, shall obtain an independent cost estimate for operations and maintenance of existing Federal assets of the System, and planned or anticipated acquisition, operation, and maintenance of new Federal assets for the System, including operation facilities, observation equipment, modeling and software, data management and communication, and other essential components. The independent cost estimate shall be transmitted unabridged and without revision by the Administrator to Congress.

#### SEC. 12310. INTENT OF CONGRESS.

    It is the intent of Congress that funding provided to agencies of the Council to implement this subtitle shall supplement, and not replace, existing sources of funding for other programs. It is the further intent of Congress that agencies of the Council shall not enter into contracts or agreements for the development or procurement of new Federal assets for the System that are estimated to be in excess of $250,000,000 in life-cycle costs without first providing adequate notice to Congress and opportunity for review and comment.

#### SEC. 12311. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of Commerce for fiscal years 2009 through 2013 such sums as are necessary to fulfill the purposes of this subtitle and support activities identified in the annual coordinated System budget developed by the Interagency Ocean Observation Committee and submitted to the Congress.

## Subtitle D—Federal Ocean Acidification Research and Monitoring Act of 2009
#### SEC. 12401. SHORT TITLE.

    This subtitle may be cited as the ``Federal Ocean Acidification Research And Monitoring Act of 2009´´ or the ``FOARAM Act´´.

#### SEC. 12402. PURPOSES.

    (a) Purposes- The purposes of this subtitle are to provide for—
       (1) development and coordination of a comprehensive interagency plan to—
          (A) monitor and conduct research on the processes and consequences of ocean acidification on marine organisms and ecosystems; and
          (B) establish an interagency research and monitoring program on ocean acidification;
       (2) establishment of an ocean acidification program within the National Oceanic and Atmospheric Administration;
       (3) assessment and consideration of regional and national ecosystem and socioeconomic impacts of increased ocean acidification; and
       (4) research adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification.

#### SEC. 12403. DEFINITIONS.

    In this subtitle:
       (1) OCEAN ACIDIFICATION- The term `ocean acidification' means the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide.
       (2) SECRETARY- The term `Secretary' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.
       (3) SUBCOMMITTEE- The term `Subcommittee' means the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council.

#### SEC. 12404. INTERAGENCY SUBCOMMITTEE.

    (a) Designation-
       (1) IN GENERAL- The Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council shall coordinate Federal activities on ocean acidification and establish an interagency working group.
       (2) MEMBERSHIP- The interagency working group on ocean acidification shall be comprised of senior representatives from the National Oceanic and Atmospheric Administration, the National Science Foundation, the National Aeronautics and Space Administration, the United States Geological Survey, the United States Fish and Wildlife Service, and such other Federal agencies as appropriate.
       (3) CHAIRMAN- The interagency working group shall be chaired by the representative from the National Oceanic and Atmospheric Administration.
    (b) Duties- The Subcommittee shall—
       (1) develop the strategic research and monitoring plan to guide Federal research on ocean acidification required under section 12405 of this subtitle and oversee the implementation of the plan;
       (2) oversee the development of—
          (A) an assessment of the potential impacts of ocean acidification on marine organisms and marine ecosystems; and
          (B) adaptation and mitigation strategies to conserve marine organisms and ecosystems exposed to ocean acidification;
       (3) facilitate communication and outreach opportunities with nongovernmental organizations and members of the stakeholder community with interests in marine resources;
       (4) coordinate the United States Federal research and monitoring program with research and monitoring programs and scientists from other nations; and
       (5) establish or designate an Ocean Acidification Information Exchange to make information on ocean acidification developed through or utilized by the interagency ocean acidification program accessible through electronic means, including information which would be useful to policymakers, researchers, and other stakeholders in mitigating or adapting to the impacts of ocean acidification.
    (c) Reports to Congress-
       (1) INITIAL REPORT- Not later than 1 year after the date of enactment of this Act, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that—
          (A) includes a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; and
          (B) describes the progress in developing the plan required under section 12405 of this subtitle.
       (2) BIENNIAL REPORT- Not later than 2 years after the delivery of the initial report under paragraph (1) and every 2 years thereafter, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that includes—
          (A) a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; and
          (B) an analysis of the progress made toward achieving the goals and priorities for the interagency research plan developed by the Subcommittee under section 12405.
       (3) STRATEGIC RESEARCH PLAN- Not later than 2 years after the date of enactment of this Act, the Subcommittee shall transmit the strategic research plan developed under section 12405 to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives. A revised plan shall be submitted at least once every 5 years thereafter.

#### SEC. 12405. STRATEGIC RESEARCH PLAN.

    (a) In General- Not later than 2 years after the date of enactment of this Act, the Subcommittee shall develop a strategic plan for Federal research and monitoring on ocean acidification that will provide for an assessment of the impacts of ocean acidification on marine organisms and marine ecosystems and the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems. In developing the plan, the Subcommittee shall consider and use information, reports, and studies of ocean acidification that have identified research and monitoring needed to better understand ocean acidification and its potential impacts, and recommendations made by the National Academy of Sciences in the review of the plan required under subsection (d).
    (b) Contents of the Plan- The plan shall—
       (1) provide for interdisciplinary research among the ocean sciences, and coordinated research and activities to improve the understanding of ocean chemistry that will affect marine ecosystems;
       (2) establish, for the 10-year period beginning in the year the plan is submitted, the goals and priorities for Federal research and monitoring which will—
          (A) advance understanding of ocean acidification and its physical, chemical, and biological impacts on marine organisms and marine ecosystems;
          (B) improve the ability to assess the socioeconomic impacts of ocean acidification; and
          (C) provide information for the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems;
       (3) describe specific activities, including—
          (A) efforts to determine user needs;
          (B) research activities;
          (C) monitoring activities;
          (D) technology and methods development;
          (E) data collection;
          (F) database development;
          (G) modeling activities;
          (H) assessment of ocean acidification impacts; and
          (I) participation in international research efforts;
       (4) identify relevant programs and activities of the Federal agencies that contribute to the interagency program directly and indirectly and set forth the role of each Federal agency in implementing the plan;
       (5) consider and utilize, as appropriate, reports and studies conducted by Federal agencies, the National Research Council, or other entities;
       (6) make recommendations for the coordination of the ocean acidification research and monitoring activities of the United States with such activities of other nations and international organizations;
       (7) outline budget requirements for Federal ocean acidification research and monitoring and assessment activities to be conducted by each agency under the plan;
       (8) identify the monitoring systems and sampling programs currently employed in collecting data relevant to ocean acidification and prioritize additional monitoring systems that may be needed to ensure adequate data collection and monitoring of ocean acidification and its impacts; and
       (9) describe specific activities designed to facilitate outreach and data and information exchange with stakeholder communities.
    (c) Program Elements- The plan shall include at a minimum the following program elements:
       (1) Monitoring of ocean chemistry and biological impacts associated with ocean acidification at selected coastal and open-ocean monitoring stations, including satellite-based monitoring to characterize—
          (A) marine ecosystems;
          (B) changes in marine productivity; and
          (C) changes in surface ocean chemistry.
       (2) Research to understand the species specific physiological responses of marine organisms to ocean acidification, impacts on marine food webs of ocean acidification, and to develop environmental and ecological indices that track marine ecosystem responses to ocean acidification.
       (3) Modeling to predict changes in the ocean carbon cycle as a function of carbon dioxide and atmosphere-induced changes in temperature, ocean circulation, biogeochemistry, ecosystem and terrestrial input, and modeling to determine impacts on marine ecosystems and individual marine organisms.
       (4) Technology development and standardization of carbonate chemistry measurements on moorings and autonomous floats.
       (5) Assessment of socioeconomic impacts of ocean acidification and development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems.
    (d) National Academy of Sciences Evaluation- The Secretary shall enter into an agreement with the National Academy of Sciences to review the plan.
    (e) Public Participation- In developing the plan, the Subcommittee shall consult with representatives of academic, State, industry and environmental groups. Not later than 90 days before the plan, or any revision thereof, is submitted to the Congress, the plan shall be published in the Federal Register for a public comment period of not less than 60 days.

#### SEC. 12406. NOAA OCEAN ACIDIFICATION ACTIVITIES.

    (a) In General—
       The Secretary shall establish and maintain an ocean acidification program within the National Oceanic and Atmospheric Administration to conduct research, monitoring, and other activities consistent with the strategic research and implementation plan developed by the Subcommittee under section 12405 that—
       (1) includes—
          (A) interdisciplinary research among the ocean and atmospheric sciences, and coordinated research and activities to improve understanding of ocean acidification;
          (B) the establishment of a long-term monitoring program of ocean acidification utilizing existing global and national ocean observing assets, and adding instrumentation and sampling stations as appropriate to the aims of the research program;
          (C) research to identify and develop adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification;
          (D) as an integral part of the research programs described in this subtitle, educational opportunities that encourage an interdisciplinary and international approach to exploring the impacts of ocean acidification;
          (E) as an integral part of the research programs described in this subtitle, national public outreach activities to improve the understanding of current scientific knowledge of ocean acidification and its impacts on marine resources; and
          (F) coordination of ocean acidification monitoring and impacts research with other appropriate international ocean science bodies such as the International Oceanographic Commission, the International Council for the Exploration of the Sea, the North Pacific Marine Science Organization, and others;
       (2) provides grants for critical research projects that explore the effects of ocean acidification on ecosystems and the socioeconomic impacts of increased ocean acidification that are relevant to the goals and priorities of the strategic research plan; and
       (3) incorporates a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program under section 7901 of title 10, United States Code.
    (b) Additional Authority—
       In conducting the Program, the Secretary may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this subtitle on such terms as the Secretary considers appropriate.

#### SEC. 12407. NSF OCEAN ACIDIFICATION ACTIVITIES.

    (a) Research Activities- The Director of the National Science Foundation shall continue to carry out research activities on ocean acidification which shall support competitive, merit-based, peer-reviewed proposals for research and monitoring of ocean acidification and its impacts, including—
       (1) impacts on marine organisms and marine ecosystems;
       (2) impacts on ocean, coastal, and estuarine biogeochemistry; and
       (3) the development of methodologies and technologies to evaluate ocean acidification and its impacts.
    (b) Consistency- The research activities shall be consistent with the strategic research plan developed by the Subcommittee under section 12405.
    (c) Coordination- The Director shall encourage coordination of the Foundation's ocean acidification activities with such activities of other nations and international organizations.

#### SEC. 12408. NASA OCEAN ACIDIFICATION ACTIVITIES.

    (a) Ocean Acidification Activities- The Administrator of the National Aeronautics and Space Administration, in coordination with other relevant agencies, shall ensure that space-based monitoring assets are used in as productive a manner as possible for monitoring of ocean acidification and its impacts.
    (b) Program Consistency- The Administrator shall ensure that the Agency's research and monitoring activities on ocean acidification are carried out in a manner consistent with the strategic research plan developed by the Subcommittee under section 12405.
    (c) Coordination- The Administrator shall encourage coordination of the Agency's ocean acidification activities with such activities of other nations and international organizations.

#### SEC. 12409. AUTHORIZATION OF APPROPRIATIONS.

    (a) NOAA- There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the purposes of this subtitle—
       (1) $8,000,000 for fiscal year 2009;
       (2) $12,000,000 for fiscal year 2010;
       (3) $15,000,000 for fiscal year 2011; and
       (4) $20,000,000 for fiscal year 2012.
    (b) NSF- There are authorized to be appropriated to the National Science Foundation to carry out the purposes of this subtitle—
       (1) $6,000,000 for fiscal year 2009;
       (2) $8,000,000 for fiscal year 2010;
       (3) $12,000,000 for fiscal year 2011; and
       (4) $15,000,000 for fiscal year 2012.

## Subtitle E—Coastal and Estuarine Land Conservation Program
#### SEC. 12501. SHORT TITLE.

    This Act may be cited as the ``Coastal and Estuarine Land Conservation Program Act´´.

#### SEC. 12502. AUTHORIZATION OF COASTAL AND ESTUARINE LAND CONSERVATION PROGRAM.

    The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by inserting after section 307 the following new section:
             `AUTHORIZATION OF THE COASTAL AND ESTUARINE LAND CONSERVATION PROGRAM
             `Sec. 307A. (a) In General- The Secretary may conduct a Coastal and Estuarine Land Conservation Program, in cooperation with appropriate State, regional, and other units of government, for the purposes of protecting important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values, or that are threatened by conversion from their natural, undeveloped, or recreational state to other uses or could be managed or restored to effectively conserve, enhance, or restore ecological function. The program shall be administered by the National Ocean Service of the National Oceanic and Atmospheric Administration through the Office of Ocean and Coastal Resource Management.
                `(b) Property Acquisition Grants- The Secretary shall make grants under the program to coastal states with approved coastal zone management plans or National Estuarine Research Reserve units for the purpose of acquiring property or interests in property described in subsection (a) that will further the goals of—
                   `(1) a Coastal Zone Management Plan or Program approved under this title;
                   `(2) a National Estuarine Research Reserve management plan;
                   `(3) a regional or State watershed protection or management plan involving coastal states with approved coastal zone management programs; or
                   `(4) a State coastal land acquisition plan that is consistent with an approved coastal zone management program.
                `(c) Grant Process- The Secretary shall allocate funds to coastal states or National Estuarine Research Reserves under this section through a competitive grant process in accordance with guidelines that meet the following requirements:
                   `(1) The Secretary shall consult with the coastal state's coastal zone management program, any National Estuarine Research Reserve in that State, and the lead agency designated by the Governor for coordinating the implementation of this section (if different from the coastal zone management program).
                   `(2) Each participating coastal state, after consultation with local governmental entities and other interested stakeholders, shall identify priority conservation needs within the State, the values to be protected by inclusion of lands in the program, and the threats to those values that should be avoided.
                   `(3) Each participating coastal state shall to the extent practicable ensure that the acquisition of property or easements shall complement working waterfront needs.
                   `(4) The applicant shall identify the values to be protected by inclusion of the lands in the program, management activities that are planned and the manner in which they may affect the values identified, and any other information from the landowner relevant to administration and management of the land.
                   `(5) Awards shall be based on demonstrated need for protection and ability to successfully leverage funds among participating entities, including Federal programs, regional organizations, State and other governmental units, landowners, corporations, or private organizations.
                   `(6) The governor, or the lead agency designated by the governor for coordinating the implementation of this section, where appropriate in consultation with the appropriate local government, shall determine that the application is consistent with the State's or territory's approved coastal zone plan, program, and policies prior to submittal to the Secretary.
                   `(7)(A) Priority shall be given to lands described in subsection (a) that can be effectively managed and protected and that have significant ecological value.
                      `(B) Of the projects that meet the standard in subparagraph (A), priority shall be given to lands that—
                         `(i) are under an imminent threat of conversion to a use that will degrade or otherwise diminish their natural, undeveloped, or recreational state; and
                         `(ii) serve to mitigate the adverse impacts caused by coastal population growth in the coastal environment.
                   `(8) In developing guidelines under this section, the Secretary shall consult with coastal states, other Federal agencies, and other interested stakeholders with expertise in land acquisition and conservation procedures.
                   `(9) Eligible coastal states or National Estuarine Research Reserves may allocate grants to local governments or agencies eligible for assistance under section 306A(e).
                   `(10) The Secretary shall develop performance measures that the Secretary shall use to evaluate and report on the program's effectiveness in accomplishing its purposes, and shall submit such evaluations to Congress triennially.
                `(d) Limitations and Private Property Protections-
                   `(1) A grant awarded under this section may be used to purchase land or an interest in land, including an easement, only from a willing seller. Any such purchase shall not be the result of a forced taking under this section. Nothing in this section requires a private property owner to participate in the program under this section.
                   `(2) Any interest in land, including any easement, acquired with a grant under this section shall not be considered to create any new liability, or have any effect on liability under any other law, of any private property owner with respect to any person injured on the private property.
                   `(3) Nothing in this section requires a private property owner to provide access (including Federal, State, or local government access) to or use of private property unless such property or an interest in such property (including a conservation easement) has been purchased with funds made available under this section.
                `(e) Recognition of Authority to Control Land Use- Nothing in this title modifies the authority of Federal, State, or local governments to regulate land use.
                `(f) Matching Requirements-
                   `(1) IN GENERAL- The Secretary may not make a grant under the program unless the Federal funds are matched by non-Federal funds in accordance with this subsection.
                   `(2) COST SHARE REQUIREMENT-
                      `(A) IN GENERAL- Grant funds under the program shall require a 100 percent match from other non-Federal sources.
                      `(B) WAIVER OF REQUIREMENT- The Secretary may grant a waiver of subparagraph (A) for underserved communities, communities that have an inability to draw on other sources of funding because of the small population or low income of the community, or for other reasons the Secretary deems appropriate and consistent with the purposes of the program.
                   `(3) OTHER FEDERAL FUNDS- Where financial assistance awarded under this section represents only a portion of the total cost of a project, funding from other Federal sources may be applied to the cost of the project. Each portion shall be subject to match requirements under the applicable provision of law.
                   `(4) SOURCE OF MATCHING COST SHARE- For purposes of paragraph (2)(A), the non-Federal cost share for a project may be determined by taking into account the following:
                      `(A) The value of land or a conservation easement may be used by a project applicant as non-Federal match, if the Secretary determines that—
                         `(i) the land meets the criteria set forth in section 2(b) and is acquired in the period beginning 3 years before the date of the submission of the grant application and ending 3 years after the date of the award of the grant;
                         `(ii) the value of the land or easement is held by a non-governmental organization included in the grant application in perpetuity for conservation purposes of the program; and
                         `(iii) the land or easement is connected either physically or through a conservation planning process to the land or easement that would be acquired.
                      `(B) The appraised value of the land or conservation easement at the time of the grant closing will be considered and applied as the non-Federal cost share.
                      `(C) Costs associated with land acquisition, land management planning, remediation, restoration, and enhancement may be used as non- Federal match if the activities are identified in the plan and expenses are incurred within the period of the grant award, or, for lands described in (A), within the same time limits described therein. These costs may include either cash or in-kind contributions.
                `(g) Reservation of Funds for National Estuarine Research Reserve Sites- No less than 15 percent of funds made available under this section shall be available for acquisitions benefitting National Estuarine Research Reserves.
                `(h) Limit on Administrative Costs- No more than 5 percent of the funds made available to the Secretary under this section shall be used by the Secretary for planning or administration of the program. The Secretary shall provide a report to Congress with an account of all expenditures under this section for fiscal year 2009 and triennially thereafter.
                `(i) Title and Management of Acquired Property- If any property is acquired in whole or in part with funds made available through a grant under this section, the grant recipient shall provide—
                   `(1) such assurances as the Secretary may require that—
                      `(A) the title to the property will be held by the grant recipient or another appropriate public agency designated by the recipient in perpetuity;
                      `(B) the property will be managed in a manner that is consistent with the purposes for which the land entered into the program and shall not convert such property to other uses; and
                      `(C) if the property or interest in land is sold, exchanged, or divested, funds equal to the current value will be returned to the Secretary in accordance with applicable Federal law for redistribution in the grant process; and
                   `(2) certification that the property (including any interest in land) will be acquired from a willing seller.
                `(j) Requirement for Property Used for Non-Federal Match- If the grant recipient elects to use any land or interest in land held by a non-governmental organization as a non-Federal match under subsection (g), the grant recipient must to the Secretary's satisfaction demonstrate in the grant application that such land or interest will satisfy the same requirements as the lands or interests in lands acquired under the program.
                `(k) Definitions- In this section:
                   `(1) CONSERVATION EASEMENT- The term `conservation easement' includes an easement or restriction, recorded deed, or a reserve interest deed where the grantee acquires all rights, title, and interest in a property, that do not conflict with the goals of this section except those rights, title, and interests that may run with the land that are expressly reserved by a grantor and are agreed to at the time of purchase.
                   `(2) INTEREST IN PROPERTY- The term `interest in property' includes a conservation easement.
                `(l) Authorization of Appropriations- There are authorized to be appropriated to the Secretary to carry out this section $60,000,000 for each of fiscal years 2009 through 2013.'.