II 

117TH CONGRESS 

2D SESSION S. 4903 

To reauthorize the Northwest Straits Marine Conservation Initiative Act to 

promote the protection of the resources of the Northwest Straits, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 21, 2022 

Mrs. MURRAY introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To reauthorize the Northwest Straits Marine Conservation 

Initiative Act to promote the protection of the resources 

of the Northwest Straits, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Northwest Straits Ma5 rine Conservation Initiative Reauthorization Act of 2022’’. 


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1 SEC. 2. REAUTHORIZATION OF NORTHWEST STRAITS MA2 RINE CONSERVATION INITIATIVE ACT. 

3 The Northwest Straits Marine Conservation Initiative 

4 Act (title IV of Public Law 105–384; 112 Stat. 3458) is 

5 amended— 

6 (1) in section 402, by striking ‘‘Commission (in 

7 this title referred to as the ‘Commission’).’’ and in8 serting ‘‘Commission.’’; and 

9 (2) by striking sections 403, 404, and 405 and 

10 inserting the following: 

11 ‘‘SEC. 403. FINDINGS. 

12 ‘‘Congress makes the following findings: 

13 ‘‘(1) The marine waters and ecosystem of the 

14 Northwest Straits in Puget Sound in the State of 

15 Washington represent a unique resource of enor16 mous environmental and economic value to the peo17 ple of the United States. 

18 ‘‘(2) During the 20th century, the environ19 mental health of the Northwest Straits declined dra20 matically as indicated by impaired water quality, de21 clines in marine wildlife, collapse of harvestable ma22 rine species, loss of critical marine habitats, ocean 

23 acidification, and sea level rise. 

24 ‘‘(3) Increasingly, the Northwest Straits have 

25 been threatened by sea level rise, ocean acidification, 

26 and other effects of climate change. 


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1 ‘‘(4) This title was enacted to tap the unprece2 dented level of citizen stewardship demonstrated in 

3 the Northwest Straits and create a mechanism to 

4 mobilize public support and raise capacity for local 

5 efforts to protect and restore the ecosystem of the 

6 Northwest Straits. 

7 ‘‘(5) The Northwest Straits Marine Conserva8 tion Initiative helps the National Oceanic and At9 mospheric Administration and other Federal agen10 cies with their marine missions by fostering local in11 terest in marine issues and involving diverse commu12 nities. 

13 ‘‘(6) The Northwest Straits Marine Conserva14 tion Initiative shares many of the same goals with 

15 the National Oceanic and Atmospheric Administra16 tion, including fostering citizen stewardship of ma17 rine resources, general ecosystem management, and 

18 protecting federally managed marine species. 

19 ‘‘(7) Ocean literacy, kelp habitat conservation 

20 and monitoring, Veterans Conservation Corps in21 ternships, and removal of marine debris projects are 

22 examples of previous and ongoing partnerships be23 tween the Northwest Straits Marine Conservation 

24 Initiative and the National Oceanic and Atmospheric 


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1 Administration. Areas of partnership may evolve 

2 with emerging opportunities. 

3 ‘‘SEC. 404. DEFINITIONS. 

4 ‘‘In this title: 

5 ‘‘(1) COMMISSION.—The term ‘Commission’ 

6 means the Northwest Straits Advisory Commission 

7 established by section 402. 

8 ‘‘(2) MARINE RESOURCES COMMITTEE.—The 

9 term ‘marine resources committee’ means a county 

10 government committee that assists in assessing ma11 rine resource and conservation needs. 

12 ‘‘(3) NORTHWEST STRAITS REGION.—The term 

13 ‘Northwest Straits region’ means the marine waters 

14 of the Strait of Juan de Fuca and of Puget Sound 

15 from the Canadian border to the south end of Sno16 homish County. 

17 ‘‘(4) TRIBAL GOVERNMENT.—The term ‘Tribal 

18 government’ means the recognized governing body of 

19 any Indian or Alaska Native tribe, band, nation, 

20 pueblo, village, community, component band, or com21 ponent reservation individually identified (including 

22 parenthetically) in the list published most recently as 

23 of the date of enactment of the Northwest Straits 

24 Marine Conservation Initiative Reauthorization Act 

25 of 2022 pursuant to section 104 of the Federally 


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1 Recognized Indian Tribe List Act of 1994 (25 

2 U.S.C. 5131). 

3 ‘‘(5) UNDER SECRETARY.—The term ‘Under 

4 Secretary’ means the Under Secretary of Commerce 

5 for Oceans and Atmosphere. 

6 ‘‘SEC. 405. MEMBERSHIP OF THE COMMISSION. 

7 ‘‘(a) COMPOSITION.— 

8 ‘‘(1) IN GENERAL.—The Commission shall be 

9 composed of 14 members, except as provided in 

10 paragraph (2), who shall be appointed as follows: 

11 ‘‘(A) One member appointed by a con12 sensus of the members of a marine resources 

13 committee for San Juan County, Washington. 

14 ‘‘(B) One member appointed by a con15 sensus of the members of a marine resources 

16 committee for Island County, Washington. 

17 ‘‘(C) One member appointed by a con18 sensus of the members of a marine resources 

19 committee for Skagit County, Washington. 

20 ‘‘(D) One member appointed by a con21 sensus of the members of a marine resources 

22 committee for Whatcom County, Washington. 

23 ‘‘(E) One member appointed by a con24 sensus of the members of a marine resources 

25 committee for Snohomish County, Washington. 


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1 ‘‘(F) One member appointed by a con2 sensus of the members of a marine resources 

3 committee for Clallam County, Washington. 

4 ‘‘(G) One member appointed by a con5 sensus of the members of a marine resources 

6 committee for Jefferson County, Washington. 

7 ‘‘(H) Two members appointed by the Sec8 retary of the Interior, in coordination with the 

9 Northwest Indian Fisheries Commission and in 

10 consultation with the Tribal governments af11 fected by this title, to represent the interests of 

12 such Tribal governments. 

13 ‘‘(I) One member appointed by the Gov14 ernor of the State of Washington to represent 

15 the interests of the Puget Sound Partnership. 

16 ‘‘(J) Four members appointed by the Gov17 ernor of the State of Washington who— 

18 ‘‘(i) are residents of the State of 

19 Washington; and 

20 ‘‘(ii) are not employed by a Federal, 

21 State, or local government, excluding an 

22 institution of higher education. 

23 ‘‘(2) ADDITIONAL MEMBERS.—The Commission 

24 may, as determined necessary to improve the ability 

25 of the Commission to perform the duties of the 


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1 Commission under section 406(b), appoint members 

2 in addition to those appointed under paragraph (1). 

3 Any such additional member shall be appointed by 

4 a consensus of the members of a marine resources 

5 committee that is not described in such paragraph. 

6 ‘‘(b) VACANCIES.—A vacancy in the Commission 

7 shall be filled in the manner in which the original appoint8 ment was made. 

9 ‘‘(c) CHAIRPERSON.—The Commission shall select a 

10 Chairperson from among its members. 

11 ‘‘(d) MEETING.—The Commission shall meet at the 

12 call of the Chairperson, but not less frequently than quar13 terly. 

14 ‘‘(e) LIAISON.— 

15 ‘‘(1) IN GENERAL.—The Under Secretary, in 

16 consultation with the Commission, shall appoint an 

17 employee of the National Oceanic and Atmospheric 

18 Administration— 

19 ‘‘(A) to serve as a liaison between the 

20 Commission and the Department of Commerce; 

21 ‘‘(B) to coordinate programs of the Na22 tional Oceanic and Atmospheric Administration 

23 with activities related to the goal of the Com24 mission described in section 406(a); and 


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1 ‘‘(C) to perform additional liaison func2 tions benefitting the Commission and the Na3 tional Oceanic and Atmospheric Administration, 

4 which may include, as agreed to by the Com5 mission and the National Oceanic and Atmos6 pheric Administration, attending meetings and 

7 other events of the Commission as a nonvoting 

8 participant. 

9 ‘‘(2) LIMITATION.—Service as a member of the 

10 Commission by the employee appointed under para11 graph (1)— 

12 ‘‘(A) is limited to the employee’s service as 

13 a liaison; and 

14 ‘‘(B) does not obligate the employee to per15 form any duty of the Commission under section 

16 406(b). 

17 ‘‘(f) ADMINISTRATION.—The Commission may enter 

18 into cooperative agreements with the State of Washington 

19 for staffing and administrative services for the purposes 

20 of supporting the duties of the Commission under section 

21 406(b). 

22 ‘‘SEC. 406. GOAL AND DUTIES OF THE COMMISSION. 

23 ‘‘(a) GOAL.—The goal of the Commission is to pro24 tect and restore the marine waters, habitats, and species 


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1 of the Northwest Straits region to achieve ecosystem 

2 health and sustainable resource use by— 

3 ‘‘(1) designing and recommending projects that 

4 are driven by the best available science, local prior5 ities, community-based decisions, and the ability to 

6 measure results; 

7 ‘‘(2) building awareness and stewardship and 

8 making recommendations to improve the health of 

9 the marine resources of the Northwest Straits re10 gion; 

11 ‘‘(3) maintaining and expanding diverse mem12 bership and collaboration with partner organizations, 

13 such as the Puget Sound Partnership; 

14 ‘‘(4) expanding partnerships with Tribal gov15 ernments and continuing to support Tribal treaties, 

16 cultures, and subsistence and Tribal treaty rights; 

17 and 

18 ‘‘(5) recognizing the importance of economic 

19 and social benefits that are dependent on marine en20 vironments and sustainable marine resources. 

21 ‘‘(b) DUTIES.—The duties of the Commission are the 

22 following: 

23 ‘‘(1) To provide resources and technical support 

24 for marine resources committees. 


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1 ‘‘(2) To work with such marine resources com2 mittees and appropriate entities of Federal, State, 

3 and local governments and Tribal governments to 

4 provide advice in developing regional programs to 

5 monitor the overall health of the marine ecosystem 

6 of the Northwest Straits region. 

7 ‘‘(3) To collect marine resources data and iden8 tify factors adversely affecting or preventing the res9 toration of the health of the marine ecosystem and 

10 coastal economies of the Northwest Straits region to 

11 inform decisionmakers. 

12 ‘‘(4) To develop scientifically sound restoration 

13 and protection recommendations, informed by local 

14 priorities, that address such factors. 

15 ‘‘(5) To serve as a public forum for the infor16 mal discussion of policies and actions, with respect 

17 to the marine ecosystem of the Northwest Straits re18 gion, of Federal, State, or local governments, Tribal 

19 governments, or the Government of Canada. 

20 ‘‘(6) To inform appropriate authorities and 

21 local communities about the marine ecosystem of the 

22 Northwest Straits region and about issues relating 

23 to the marine ecosystem of the Northwest Straits re24 gion. 


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1 ‘‘(7) To consult with all affected Tribal govern2 ments in the Northwest Straits region to ensure that 

3 the work of the Commission does not violate Tribal 

4 treaty rights. 

5 ‘‘(c) COORDINATION AND COLLABORATION.—The 

6 Commission— 

7 ‘‘(1) shall carry out the duties described in sub8 section (b) in coordination and collaboration, as ap9 propriate, with Federal, State, and local govern10 ments and Tribal governments, including by— 

11 ‘‘(A) providing technical support and as12 sistance to any Tribal government seeking rep13 resentation and participation on the Commis14 sion; and 

15 ‘‘(B) supporting the work and duties of the 

16 liaison to the Commission under section 405(e); 

17 and 

18 ‘‘(2) may enter into cooperative agreements 

19 with nonprofit entities, such as the Northwest 

20 Straits Foundation, to provide assistance, including 

21 financial assistance, in carrying out the duties de22 scribed in subsection (b). 

23 ‘‘(d) LIMITATIONS.—Nothing in this title provides 

24 the Commission with authority to issue regulations or im25 plement any Federal law or regulation. 


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1 ‘‘(e) ACCEPTANCE OF DONATIONS.—For purposes of 

2 carrying out this section, the Commission may solicit, ac3 cept, receive, hold, administer, and use gifts, devises, and 

4 bequests without any further approval or administrative 

5 action. 

6 ‘‘(f) ANNUAL REPORT.— 

7 ‘‘(1) IN GENERAL.—Each year, the Commission 

8 shall prepare, submit to the Committee on Com9 merce, Science, and Transportation and the Com10 mittee on Appropriations of the Senate, the Com11 mittee on Natural Resources and the Committee on 

12 Appropriations of the House of Representatives, and 

13 the Under Secretary, and make available to the pub14 lic a report describing— 

15 ‘‘(A) the activities carried out by the Com16 mission during the preceding year; and 

17 ‘‘(B) the progress in achieving the bench18 marks described in paragraph (2). 

19 ‘‘(2) BENCHMARKS.—The benchmarks de20 scribed in this paragraph are the following: 

21 ‘‘(A) Protection and restoration of marine, 

22 coastal, and nearshore habitats within the 

23 Northwest Straits region. 


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1 ‘‘(B) Protection and restoration of marine 

2 resources populations to healthy, sustainable 

3 levels. 

4 ‘‘(C) Improvement of the water quality of 

5 the Northwest Straits region. 

6 ‘‘(D) Collection of high-quality data and 

7 promotion of the use and dissemination of such 

8 data for the purposes of ecosystem monitoring. 

9 ‘‘(E) Promotion of stewardship and under10 standing of marine resources of the Northwest 

11 Straits region through education and outreach, 

12 including by targeted outreach to 

13 underresourced communities. 

14 ‘‘SEC. 407. FUNDING. 

15 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Under Secretary 

17 to carry out this title, including to be made available to 

18 the Commission to carry out the duties of the Commission 

19 under this title— 

20 ‘‘(1) $10,000,000 for each of the first 6 fiscal 

21 years in which funds are appropriated to carry out 

22 this section; and 

23 ‘‘(2) such sums as may be necessary for each 

24 fiscal year after the 6 fiscal years described in para25 graph (1). 


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1 ‘‘(b) ASSISTANCE.— 

2 ‘‘(1) IN GENERAL.—The Under Secretary may, 

3 from amounts made available to the Under Sec4 retary to carry out this title, provide assistance to 

5 the Commission in carrying out the duties of the 

6 Commission under this title. 

7 ‘‘(2) PROVISION.—The Under Secretary may 

8 provide the assistance described in paragraph (1), 

9 and make available amounts to the Commission to 

10 carry out the duties of the Commission, through a 

11 contract with the Director of the Padilla Bay Na12 tional Estuarine Research Reserve, unless the Gov13 ernor of the State of Washington objects. If such 

14 Governor so objects, the Under Secretary may pro15 vide such assistance and make available such 

16 amounts to the Commission.’’. 

Æ 


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