I 

109TH CONGRESS 

1ST SESSION H. R. 2939 

To establish a national policy for our oceans, to strengthen the National 

Oceanic and Atmospheric Administration, to establish a Committee on 

Ocean Policy, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 16, 2005 

Mr. WELDON of Pennsylvania (for himself, Mr. FARR, Mr. ALLEN, and Mr. 

SAXTON) introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committee on Science, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish a national policy for our oceans, to strengthen 

the National Oceanic and Atmospheric Administration, 

to establish a Committee on Ocean Policy, and for other 

purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Oceans Conservation, Education, and National Strategy 

6 for the 21st Century Act’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Purpose. 

Sec. 4. Definitions. 

TITLE I—CONGRESSIONAL DECLARATION OF NATIONAL OCEANS 

POLICY 

Subtitle A—National Oceans Policy 

Sec. 101. National oceans policy. 

Subtitle B—National Standards 

Sec. 111. National standards. 

Sec. 112. Determination of compliance with national oceans policy and national 

standards. 

Sec. 113. Implementation. 

Sec. 114. Stricter standards. 

Sec. 115. Citizen suits. 

TITLE II—NATIONAL OCEANIC AND ATMOSPHERIC 

ADMINISTRATION 

Sec. 201. Existence in Department of Commerce; mission. 

Sec. 202. Administrator; functions. 

Sec. 203. Other officers. 

Sec. 204. Qualifications of Administration officers. 

Sec. 205. National Oceanic and Atmospheric Administration Regional Offices. 

Sec. 206. Transfer of marine mammals management functions to the Administrator. 

Sec. 207. Science Advisory Board. 

Sec. 208. Report on recommendations for reorganization of Federal programs. 

TITLE III—OCEAN LEADERSHIP AND COORDINATION 

Subtitle A—National Oceans Advisor 

Sec. 301. Executive Advisor; mission. 

Sec. 302. Staffing. 

Subtitle B—Committee on Ocean Policy 

Sec. 311. Establishment of Committee; mission. 

Sec. 312. Chair; membership; functions. 

Sec. 313. Establishing a coordinated management regime for activities in federal waters. 

Subtitle C—Council of Advisors on Oceans Policy 

Sec. 321. Establishment of Council. 

Sec. 322. Duties. 

Sec. 323. Membership. 

Sec. 324. Meetings. 
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TITLE IV—REGIONAL COORDINATION AND PLANNING 

Sec. 401. Findings. 

Sec. 402. Regional Ocean Partnerships. 

Sec. 403. Regional Ocean Strategic Plans. 

Sec. 404. National Academy of Sciences study of regional oceans governance. 

Sec. 405. Regulations. 

Sec. 406. Other authority. 

Sec. 407. Ocean ecosystem resource information systems. 

Sec. 408. Authorization of appropriations. 

TITLE V—OCEAN SCIENCE, EXPLORATION, AND RESEARCH 

COORDINATION 

Sec. 501. Committee on Ocean Science, Education, and Operations. 

Sec. 502. National Strategy for Ocean and Coastal Science. 

Sec. 503. National Ocean Partnership Program. 

Sec. 504. Ocean Research and Education Advisory Panel. 

Sec. 505. Marine ecosystems research. 

Sec. 506. Authorization of appropriations. 

TITLE VI—OCEAN EDUCATION 

Sec. 601. Subcommittee on Ocean Education. 

Sec. 602. Ocean and coastal education program. 

Sec. 603. National Marine Scholarship Program. 

Sec. 604. National Oceanic and Atmospheric Administration Office of Education. 

Sec. 605. Amendment to the National Sea Grant College Program Act. 

Sec. 606. Authorization of appropriations. 

TITLE VII—OCEAN EXPLORATION 

Sec. 701. National Oceanic and Atmospheric Administration Office of Ocean 

Exploration. 

Sec. 702. Subcommittee on Ocean Exploration. 

Sec. 703. Authorization of appropriations. 

TITLE VIII—OCEAN AND GREAT LAKES CONSERVATION TRUST 

FUND 

Sec. 801. Establishment of Fund. 

Sec. 802. Limitation on use of available amounts for administration. 

Sec. 803. Recordkeeping requirements. 

Sec. 804. Maintenance of effort and matching funding. 

Sec. 805. Community assistance formula and payments. 

Sec. 806. Approval of State funding and spending plans. 

Sec. 807. Special postage stamp. 

Sec. 808. Sunset. 

1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) United States ocean waters and the ocean 

4 resources they contain are vital for the national se-
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1 curity, environment, economy, and culture of the 

2 United States. 

3 (2) Consistent with customary international 

4 law, the United States exercises sovereign rights 

5 over ocean resources within United States ocean wa6 ters. 

7 (3) These ocean resources are the property of 

8 the people of the United States, are held in trust for 

9 them by Federal, State, local, and tribal govern10 ments, and should be managed to preserve the full 

11 range of their benefits for present and future gen12 erations. 

13 (4) Knowledge of the world’s oceans is critically 

14 important to the operations of the United 

15 States Armed Forces, particularly the Navy and 

16 Coast Guard operations, and therefore to the na17 tional security of the United States. 

18 (5) Marine, terrestrial, and atmospheric sys19 tems are interdependent, requiring that policy, infor20 mation transfer, and the management of human ac21 tivities be coordinated across systems. 

22 (6) Healthy and productive coastal and marine 

23 ecosystems are the keys to securing the full range of 

24 benefits from ocean resources, including important 
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1 economic uses such as productive fisheries, for the 

2 people of the United States. 

3 (7) A variety of threats and practices have 

4 caused dramatic declines in the health and produc5 tivity of coastal and marine ecosystems of the 

6 United States. Among the major threats to marine 

7 ecosystem health are— 

8 (A) global climate change; 

9 (B) chemical, nutrient, and biological pol10 lution; 

11 (C) unwise land use and coastal develop12 ment; 

13 (D) habitat damage; 

14 (E) overfishing; 

15 (F) bycatch; and 

16 (G) invasive species. 

17 (8) These threats are exacerbated by the legal 

18 and geographic fragmentation of authority over 

19 ocean space and ocean resources. 

20 (9) Activities harming coastal and marine eco21 systems jeopardize the economies and social struc22 ture of coastal communities dependent on these re23 sources. 
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1 (10) Healthy marine ecosystems provide more 

2 goods and services, such as seafood and tourism op3 portunities, than degraded marine ecosystems. 

4 (11) While there is a plethora of laws, govern5 ment agencies, and programs dealing with coastal 

6 resources and ocean resources, activities thereunder 

7 are poorly coordinated and do not constitute a uni8 fied and comprehensive public policy toward the 

9 oceans. 

10 (12) To better enable the various levels of gov11 ernment with authority over coastal and ocean 

12 space, coastal resources, and ocean resources to ful13 fill their public trust responsibilities, a unified na14 tional oceans policy is needed to govern the range of 

15 human activities affecting the health and produc16 tivity of marine ecosystems. 

17 SEC. 3. PURPOSE. 

18 The purpose of this Act is to secure, for present and 

19 future generations of people of the United States, the full 

20 range of ecological, economic, educational, social, cultural, 

21 nutritional, and recreational benefits of healthy marine 

22 ecosystems, by— 

23 (1) establishing a comprehensive national 

24 oceans policy that is binding on all covered actions 
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1 that may significantly affect United States ocean 

2 waters and ocean resources; 

3 (2) requiring covered actions to be consistent 

4 with the purposes and policies of this Act; 

5 (3) mandating that clear standards be set 

6 against which compliance with the national oceans 

7 policy can be measured; 

8 (4) providing a mechanism through which com9 pliance with this Act can be assured; 

10 (5) consolidating and restructuring Federal 

11 ocean programs to support this Act; 

12 (6) promoting ecologically sustainable ocean re13 source use and management by strengthening and 

14 empowering ocean governance; and 

15 (7) enhancing responsible ocean stewardship. 

16 SEC. 4. DEFINITIONS. 

17 In this Act: 

18 (1) COVERED ACTION.—The term ‘‘covered ac19 tion’’ means any activity affecting United States 

20 ocean waters or ocean resources, that is carried 

21 out— 

22 (A) by a Federal agency, including the 

23 issuance of a Federal license or permit; or 

24 (B) by any other person using Federal 

25 funds. 
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1 (2) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the National 

3 Oceanic and Atmospheric Administration. 

4 (3) ADMINISTRATION.—The term ‘‘Administra5 tion’’ means the National Oceanic and Atmospheric 

6 Administration provided for in section 201. 

7 (4) ADVISOR.—The term ‘‘Advisor’’ means the 

8 National Oceans Advisor appointed under section 

9 301. 

10 (5) BIOLOGICAL DIVERSITY.—The term ‘‘bio11 logical diversity’’ means a collection of genomes, spe12 cies, and ecosystems occurring in a geographically 

13 defined region. 

14 (6) ECOLOGICALLY SUSTAINABLE.—The term 

15 ‘‘ecologically sustainable’’ means capable of main16 taining biological diversity and ecosystem structure 

17 and functioning from one human generation to the 

18 next, so as not to deny future generations the goods 

19 and services that healthy marine ecosystems provide. 

20 (7) FUNCTION.—The term ‘‘function’’, when 

21 used in reference to a function of a government 

22 agency or official, includes authorities, powers, 

23 rights, privileges, immunities, programs, projects, 

24 activities, duties, and responsibilities. 
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1 (8) MARINE ECOSYSTEM HEALTH AND HEALTH

2 OF MARINE ECOSYSTEMS.—Each of the terms ‘‘ma3 rine ecosystem health’’ and ‘‘health of marine eco4 systems’’ means the ability of a marine ecosystem to 

5 support and maintain a productive and resilient 

6 community of organisms, having a species composi7 tion, diversity, and functional organization resulting 

8 from the natural habitat of the region, such that it 

9 provides a complete range of ecological benefits, in10 cluding— 

11 (A) a complete diversity of native species 

12 and habitats wherein each native species is able 

13 to maintain an abundance, population struc14 ture, and distribution supporting its ecological 

15 and evolutionary functions and processes; and 

16 (B) a physical, chemical, geological, and 

17 microbial environment that is supportive of the 

18 requirements of this paragraph. 

19 (9) HEALTHY MARINE ECOSYSTEM.—The term 

20 ‘‘healthy marine ecosystem’’ means a marine eco21 system with the ability to support and maintain a 

22 productive and resilient community of organisms, 

23 having a species composition, diversity, and func24 tional organization resulting from the natural habi-
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1 tat of the region, such that it provides a complete 

2 range of ecological benefits, including— 

3 (A) a complete diversity of native species 

4 and habitats wherein each native species is able 

5 to maintain an abundance, population struc6 ture, and distribution supporting its ecological 

7 and evolutionary functions and processes; and 

8 (B) a physical, chemical, geological, and 

9 microbial environment that is supportive of the 

10 requirements of this paragraph. 

11 (10) ECOSYSTEM-BASED MANAGEMENT.—The 

12 term ‘‘ecosystem-based management’’ means an inte13 grated approach to management that— 

14 (A) considers the entire ecosystem, includ15 ing humans; 

16 (B) has as its goal the maintenance of eco17 systems in a healthy, productive, and resilient 

18 condition so that they can provide the services 

19 humans want and need; 

20 (C) accounts for the interactions among 

21 species, activities, and sectors of management; 

22 (D) considers the cumulative impacts of 

23 different sectors; 

24 (E) emphasizes the protection of ecosystem 

25 structure, functioning, and key processes; 
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1 (F) is place-based in focusing on a specific 

2 ecosystem and the range of activities affecting 

3 it; 

4 (G) explicitly accounts for the inter5 connectedness within systems, recognizing the 

6 importance of interactions between many target 

7 species or key services and other nontarget spe8 cies; 

9 (H) acknowledges interconnectedness 

10 among systems, such as between air, land, and 

11 sea; and 

12 (I) integrates ecological, social, economic, 

13 and institutional perspectives, recognizing their 

14 strong interdependences. 

15 (11) UNITED STATES OCEAN WATERS.—The 

16 term ‘‘United States ocean waters’’ means the zone 

17 extending from the baseline from which the breadth 

18 of the United States territorial sea is measured to 

19 the extent of the Exclusive Economic Zone as speci20 fied in Presidential Proclamation Number 5030, 

21 dated March 10, 1983, including the territorial wa22 ters of the Great Lakes and the waters of the conti23 nental shelf to which the United States is granted 

24 sovereign rights under international law. 
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1 (12) OCEAN RESOURCES.—The term ‘‘ocean re2 sources’’ means any living, nonliving, or cultural 

3 amenity in United States ocean waters. 

4 (13) COASTAL.—The term ‘‘coastal’’ means 

5 being located in the coastal zone as defined in sec6 tion 304 of the Coastal Zone Management Act of 

7 1972 (16 U.S.C. 1453). 

8 (14) MARINE.—The term ‘‘marine’’ includes of 

9 or relating to United States ocean waters. 

10 (15) REGIONAL OCEAN PARTNERSHIPS.—The 

11 term ‘‘Regional Ocean Partnerships’’ means such a 

12 council established by the Administrator under sec13 tion 402. 

14 (16) OCEAN REGION.—The term ‘‘ocean re15 gion’’ means such a region designated under section 

16 402(f). 

17 (17) COASTAL STATE.—The term ‘‘coastal 

18 State’’— 

19 (A) means a State of the United States in, 

20 or bordering on, the Atlantic, Pacific, or Arctic 

21 Ocean, the Gulf of Mexico, Long Island Sound, 

22 or one or more of the Great Lakes; and 

23 (B) includes Puerto Rico, the Virgin Is24 lands, Guam, the Commonwealth of the North-
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1 ern Mariana Islands, and the Trust Territories 

2 of the Pacific Islands, and American Samoa. 

3 (18) COASTAL POLITICAL SUBDIVISION.—The 

4 term ‘‘coastal political subdivision’’ means a political 

5 subdivision of a coastal State all or part of which 

6 political subdivision is within the coastal zone (as de7 fined in section 304 of the Coastal Zone Manage8 ment Act of 1972 (16 U.S.C. 1453)). 

9 (19) COASTAL POPULATION DENSITY.—The 

10 term ‘‘coastal population density’’ means the popu11 lation as determined by the most recent census data 

12 in the States coastal zone as determined pursuant to 

13 the Coastal Zone Management Act of 1972 (16 

14 U.S.C. 1451 et seq.). 

15 (20) OCEAN STEWARDSHIP.—The term ‘‘ocean 

16 stewardship’’ means the careful and responsible 

17 management of coastal and ocean resources by cur18 rent generations such that it ensures future genera19 tions can obtain the full range of benefits from those 

20 resources. 
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1 TITLE I—CONGRESSIONAL DEC2 LARATION OF NATIONAL 

3 OCEANS POLICY 

4 Subtitle A—National Oceans Policy 

5 SEC. 101. NATIONAL OCEANS POLICY. 

6 (a) POLICY.—The Congress declares that it is the 

7 continuing policy of the United States to protect, main8 tain, and restore the health of marine ecosystems in order 

9 to fulfill the ecological, economic, educational, social, cul10 tural, nutritional, recreational, and other requirements of 

11 present and future generations of Americans. 

12 (b) RESPONSIBILITY OF FEDERAL GOVERNANCE

13 SYSTEM.—In order to carry out the policy set forth in this 

14 Act, the President, acting through the Administrator of 

15 the National Oceanic and Atmospheric Administration 

16 and top officials of other Federal agencies and depart17 ments, shall— 

18 (1) protect, maintain, and restore the health of 

19 marine ecosystems; 

20 (2) require that ocean resources be used in a 

21 manner that is ecologically sustainable; 

22 (3) manage covered actions affecting the oceans 

23 on an ecosystem basis; 

24 (4) exercise precaution in support of protecting, 

25 restoring, and maintaining the health of marine eco-
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1 systems in the case of uncertain or inadequate infor2 mation; 

3 (5) use the best available scientific, social, and 

4 economic information to make decisions; 

5 (6) support research and education to improve 

6 basic understanding of marine ecosystems and their 

7 management and restoration; 

8 (7) promote and support international collabo9 ration on research of marine ecosystems and the 

10 conservation of healthy marine ecosystems; 

11 (8) adapt in a timely manner to new informa12 tion on the health of marine ecosystems and the ef13 fectiveness of management decisions; 

14 (9) be equitable and transparent, and promote 

15 cooperation and participation among all stake16 holders; 

17 (10) provide accountability; and 

18 (11) foster responsible stewardship of the 

19 oceans. 

20 Subtitle B—National Standards 

21 SEC. 111. NATIONAL STANDARDS. 

22 (a) ESTABLISHMENT OF STANDARDS.—To the fullest 

23 extent possible the policies, regulations, and Public Laws 

24 of the United States shall be interpreted and administered 

25 in accordance with the following national standards: 
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1 (1) Covered actions affecting United States 

2 ocean waters or ocean resources must be conducted 

3 in a manner that is consistent with the protection 

4 and maintenance of healthy marine ecosystems and, 

5 where appropriate, the restoration of degraded ma6 rine ecosystems. 

7 (2) Any covered action that may significantly 

8 affect United States ocean waters or ocean resources 

9 may proceed only if the covered action, individually 

10 and in combination with other covered actions— 

11 (A) is not likely to significantly harm the 

12 health of any marine ecosystem; and 

13 (B) is not likely to significantly impede the 

14 restoration of the health of any marine eco15 system. 

16 (3) In the case of incomplete or inconclusive in17 formation as to the effects of a covered action on 

18 United States ocean waters or ocean resources, deci19 sions shall be made in such a way as will ensure pro20 tection, maintenance, and restoration of healthy ma21 rine ecosystems. 

22 (4) To the extent practicable, and consistent 

23 with other provisions of this Act, including the other 

24 national standards under this subsection, adverse so25 cial and economic impacts on communities that are 
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1 significantly resource dependent shall be minimized. 

2 Consideration of impacts on resource dependent 

3 communities shall include, but not be limited to, cu4 mulative impacts. 

5 (b) RULEMAKING.— 

6 (1) APPLICATION OF NATIONAL STANDARDS TO

7 COVERED ACTIONS.—Within 12 months after the 

8 date of the enactment of this Act, the Administrator, 

9 in consultation with the Committee on Ocean Policy, 

10 shall issue regulations that shall govern the applica11 tion of the national standards set forth in subsection 

12 (a) with respect to covered actions. 

13 (2) OTHER REGULATIONS.—The Administrator 

14 may issue other regulations regarding implementa15 tion of subsection (a) as the Administrator considers 

16 necessary. 

17 SEC. 112. DETERMINATION OF COMPLIANCE WITH NA18 TIONAL OCEANS POLICY AND NATIONAL 

19 STANDARDS. 

20 (a) REQUIREMENT.—Any determination of whether a 

21 covered action complies with section 111 shall be made 

22 in accordance with regulations issued under section 111. 

23 (b) GUIDANCE.—Within 12 months after the date of 

24 the enactment of this Act, the Administrator, in consulta25 tion with the Committee on Ocean Policy, shall issue de-
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1 tailed guidance regarding the application of the national 

2 standards under section 111. The guidance shall ad3 dress— 

4 (1) assessing and monitoring the health of ma5 rine ecosystems; 

6 (2) how to apply the definition of ‘‘marine eco7 system health’’, including establishing marine eco8 system health criteria and indicators; 

9 (3) predicting the likely effects of proposed cov10 ered actions on the health of marine ecosystems, and 

11 determining whether those effects are significant; 

12 (4) conducting ecosystem-based management of 

13 United States ocean waters and ocean resources; 

14 and 

15 (5) the types of covered actions that are likely 

16 to have a significant effect on the health of marine 

17 ecosystems. 

18 (c) NATIONAL RESEARCH COUNCIL.—To assist the 

19 Administrator in issuing guidance under subsection (b), 

20 the Administrator may request the National Research 

21 Council to— 

22 (1) convene a panel with expertise on marine 

23 science and the management of ocean resources to 

24 develop recommendations; and 
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1 (2) update such recommendations every 5 

2 years. 

3 SEC. 113. IMPLEMENTATION. 

4 (a) COMPLIANCE REVIEW.—In conducting an envi5 ronmental review authorized under the National Environ6 mental Policy Act of 1969 of a proposed covered action, 

7 the head of each Federal agency shall, after consultation 

8 with the Administrator, include in the review an assess9 ment of the impact of the proposed covered action on the 

10 health of marine ecosystems. 

11 (b) WRITTEN OPINION.—The Administrator, after 

12 considering any findings of the Regional Administrator 

13 concerned, shall prepare a written opinion as to whether 

14 the proposed covered action is in compliance with the poli15 cies, and national standards. 

16 (c) CHANGES OR ALTERNATIVES.—If the Adminis17 trator’s written opinion states that a proposed covered ac18 tion is not in compliance with the policies, or national 

19 standards under this Act, the Administrator shall propose 

20 changes or alternatives to the proposed covered action that 

21 would make the covered action be in compliance with this 

22 Act. 

23 (d) ENSURING COMPLIANCE.—The head of each Fed24 eral agency and department shall ensure that all covered 

25 actions of such agency or department comply with the pol-
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1 icy and national standards set forth in sections 101 and 

2 111. 

3 SEC. 114. STRICTER STANDARDS. 

4 Nothing in this Act shall be construed to limit the 

5 authority of a local or State government or the Federal 

6 Government to establish stricter standards, requirements, 

7 or restrictions within their respective jurisdictions, in 

8 order to provide greater protection of marine ecosystem 

9 health (including to be consistent with other applicable 

10 law), than the protection provided by the national stand11 ards under section 111 of this Act. In the case of a con12 flicting standard, requirement, or restriction, the stricter 

13 standard, requirement, or restriction shall be followed. 

14 SEC. 115. CITIZEN SUITS. 

15 (a) SUITS AUTHORIZED.—Any person may com16 mence a civil suit on the person’s own behalf— 

17 (1) to enjoin any person, including the United 

18 States or any other governmental instrumentality or 

19 agency (to the extent permitted by the eleventh 

20 amendment to the Constitution), that is alleged to 

21 be in violation of this Act or any regulation issued 

22 under this Act; or 

23 (2) against the Administrator for a failure of 

24 the Administrator to perform any act or duty under 

25 this Act that is not discretionary. 
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1 (b) JURISDICTION.—The district courts of the United 

2 States shall have jurisdiction, without regard to the 

3 amount in controversy or the citizenship of the parties, 

4 to enforce this Act or any such regulation or to order the 

5 Administrator to perform such act or duty, as the case 

6 may be. 

7 (c) VENUE.—Any suit under this section shall be 

8 brought in the Federal judicial district in which occurs 

9 the violation or failure, as applicable. 

10 (d) INTERVENTION BY UNITED STATES.—In any suit 

11 under this section in which the United States is not a 

12 party, the Attorney General, at the request of the Admin13 istrator, may intervene on behalf of the United States as 

14 a matter of right. 

15 (e) AWARD OF COSTS.—The court, in issuing any 

16 final order in any suit brought under this section, may 

17 award costs of litigation (including reasonable attorney 

18 and expert witness fees) to any party, whenever the court 

19 determines such award is appropriate. 

20 (f) PRESERVATION OF OTHER RIGHTS.—This section 

21 shall not restrict any right that any person or class of per22 sons may have under any statute or common law to seek 

23 enforcement of any standard or limitation or to seek any 

24 other relief, including relief against the Administrator or 

25 a State agency. 
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1 TITLE II—NATIONAL OCEANIC 

2 AND ATMOSPHERIC ADMINIS3 TRATION 

4 SEC. 201. EXISTENCE IN DEPARTMENT OF COMMERCE; MIS5 SION. 

6 (a) ESTABLISHMENT.—There shall be in the Depart7 ment of Commerce the National Oceanic and Atmospheric 

8 Administration. Reorganization Plan No. 4 of 1970 shall 

9 have no further force or effect. 

10 (b) MISSION.—The primary mission of the Adminis11 tration is to— 

12 (1) act as the nonmilitary Federal agency with 

13 responsibility for providing oversight of all United 

14 States ocean waters and ocean resources; 

15 (2) understand and predict changes in the 

16 Earth’s environment and conserve and manage 

17 ocean resources to meet our Nation’s economic, so18 cial, and environmental needs; 

19 (3) protect, maintain, and restore the health of 

20 marine ecosystems; and 

21 (4) promote the ecologically sustainable use and 

22 management of United States ocean waters and 

23 ocean resources. 

24 (c) DUTIES.—It is the duty of the Administration 

25 to— 
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1 (1) protect, maintain, and restore the health of 

2 marine ecosystems through ecosystem-based man3 agement in the United States; 

4 (2) assess climate variability and change to un5 derstand and predict climate system dynamics and 

6 the impacts of coupled atmosphere/oceans/land sys7 tems; 

8 (3) meet society’s diverse and expanding needs 

9 for weather-related information, and enhance pre10 paredness for responding to weather conditions; 

11 (4) support research that provides a com12 prehensive understanding of marine systems to meet 

13 the environmental, economic, and public safety needs 

14 of the United States; 

15 (5) use the best available technology to explore 

16 and map United States ocean waters, and work col17 laboratively with other countries to use the best 

18 available technology to explore and map their ocean 

19 waters, in order to better understand ocean dynam20 ics; 

21 (6) educate the United States about Earth’s dy22 namic biosphere and how humans impact it; 

23 (7) carry out all functions of entities trans24 ferred to the Administration, including by acting as 
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1 a focal point regarding oceans research and manage2 ment; 

3 (8) ensure that people of the United States 

4 have access to the full range of ecological, economic, 

5 educational, social, cultural, nutritional, recreational, 

6 and other benefits of healthy marine ecosystems; and 

7 (9) perform functions authorized to be carried 

8 out by the National Oceanic and Atmospheric Ad9 ministration immediately before the enactment of 

10 this Act. 

11 (d) OFFICES.—There shall be in the Administration 

12 the following offices: 

13 (1) The Office of Oceans Ecosystem Manage14 ment and Protection, which, subject to the other 

15 provisions of this Act, shall perform the functions 

16 performed immediately before the enactment of this 

17 Act by— 

18 (A) the National Ocean Service; and 

19 (B) the National Marine Fisheries Service. 

20 (2) The National Weather Service. 

21 (3) The Office of Oceans and Atmospheric Re22 search and Data Services, which, subject to the 

23 other provisions of this Act, shall perform the func24 tions performed immediately before the enactment of 

25 this Act by— 
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1 (A) the Office of Ocean and Atmospheric 

2 Research; and 

3 (B) the National Environmental Satellite, 

4 Data, and Information Service. 

5 (4) The Office of Education. 

6 (5) The Office of Personnel, Program, and Fa7 cilities Management, which, subject to the other pro8 visions of this Act, shall perform the functions per9 formed immediately before the enactment of this Act 

10 by— 

11 (A) the Office of Program Planning and 

12 Integration; and 

13 (B) the Office of Marine and Aviation Op14 erations. 

15 SEC. 202. ADMINISTRATOR; FUNCTIONS. 

16 (a) ADMINISTRATOR.— 

17 (1) IN GENERAL.—There is an Under Secretary 

18 of Commerce for Oceans and Atmosphere. The 

19 Under Secretary shall be the Administrator of the 

20 National Oceanic and Atmospheric Administration, 

21 and shall be appointed by the President, by and with 

22 the advice and consent of the Senate. The term of 

23 office of any individual appointed after the date of 

24 enactment of this Act to serve as Administrator is 

25 5 years. 
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1 (2) HEAD OF AGENCY.—The Administrator— 

2 (A) is the head of the Administration; and 

3 (B) shall be responsible for ensuring that 

4 the duties of the Administration under section 

5 201(c) are performed. 

6 (3) FUNCTIONS VESTED IN ADMINISTRATOR.— 

7 All functions of all officers, employees, and organiza8 tional units of the Administration are vested in the 

9 Administrator. 

10 (4) PAY.—The Administrator shall be paid at 

11 the rate of basic pay for level III of the Executive 

12 Schedule under section 5314 of title 5, United 

13 States Code. 

14 (b) AUTHORITIES.—The Administrator— 

15 (1) except as otherwise provided in this Act, 

16 may delegate any of the Administrator’s functions to 

17 any officer, employee, or organizational unit of the 

18 Administration; 

19 (2) may make contracts, grants, and coopera20 tive agreements, and enter into agreements with 

21 other executive agencies, Indian tribes, States, re22 gional agencies, universities, research institutions, 

23 interstate agencies, and local governments, as may 

24 be necessary and proper to carry out the Adminis-
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1 trator’s responsibilities under this Act or as other2 wise provided by law; 

3 (3) shall take reasonable steps to ensure that 

4 information systems and databases of the Adminis5 tration are compatible with each other and with ap6 propriate databases of other agencies; 

7 (4) has the authority to hire personnel, includ8 ing the selection, appointment, distribution, super9 vision, compensation, and separation of personnel; 

10 (5) may procure services of experts and consult11 ants in accordance with section 3109 of title 5, 

12 United States Code; 

13 (6) shall develop policy and guidance; 

14 (7) shall perform general management; 

15 (8) may prescribe external affairs, including 

16 legal, legislative, and public affairs; 

17 (9) shall be subject to the policy direction of the 

18 Secretary of Commerce, but otherwise shall retain 

19 responsibility for decisions regarding the manage20 ment and administration of the operations of the 

21 Administration and shall exercise independent con22 trol of its budget allocation, formulation, and ex23 penditures, personnel decisions and processes, pro24 curement, and other administrative and management 
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1 functions in accordance with this title and other ap2 plicable provisions of law; and 

3 (10) shall submit annual budget requests for 

4 the Administration to the Director of the Office of 

5 Management and Budget, who shall provide for ex6 amination of the budget and programs of the Ad7 ministration within natural resource programs. 

8 (c) COORDINATION WITH NON-FEDERAL ENTI9 TIES.—With respect to the duties of the Administration 

10 under section 201(c), the Administrator shall coordinate 

11 with State and local government personnel, agencies, and 

12 authorities, with the private sector, and with other enti13 ties. 

14 (d) REPORT TO CONGRESS.—The Administrator shall 

15 transmit to the Congress once every 3 years a report that 

16 sets forth— 

17 (1) the status and condition of the health of 

18 marine ecosystems in United States ocean waters; 

19 (2) past, current, and projected trends in the 

20 quality, management, and utilization of United 

21 States ocean waters and the effects of those trends 

22 on the ecological, economic, educational, social, cul23 tural, nutritional, recreational, and other require24 ments of the United States; 
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1 (3) a review of the programs and covered ac2 tions (including regulatory activities) of the Federal 

3 Government, State and local governments, and non4 governmental entities or individuals with particular 

5 reference to their effect on ocean waters and on the 

6 conservation, development, and utilization of ocean 

7 resources; 

8 (4) a description of activities of the Administra9 tion to perform its duties under section 201(c) dur10 ing the period covered by the report; and 

11 (5) a program for remedying the deficiencies of 

12 existing programs and activities, including rec13 ommendations for legislation. 

14 SEC. 203. OTHER OFFICERS. 

15 (a) DEPUTY ADMINISTRATOR.— 

16 (1) IN GENERAL.—There is a Deputy Adminis17 trator of the National Oceanic and Atmospheric Ad18 ministration, who shall be appointed by the Adminis19 trator. The position of Deputy Administrator shall 

20 be a Senior Executive Service general position au21 thorized under section 3133 of title 5, United States 

22 Code. 

23 (2) FUNCTIONS.—The Deputy Administrator 

24 is— 
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•HR 2939 IH 

1 (A) the Administrator’s first assistant and 

2 serves as an advisor to the Administrator on all 

3 program and policy issues; 

4 (B) responsible for ensuring the timely and 

5 effective implementation of Administration poli6 cies and objectives; and 

7 (C) acts in the position of the Adminis8 trator in the absence or disability of the Admin9 istrator, or in the event of a vacancy of that po10 sition. 

11 (b) ASSISTANT ADMINISTRATORS.— 

12 (1) IN GENERAL.—There are the following offi13 cers with specified functions of the Administration, 

14 who shall each be appointed by the Administrator: 

15 (A) An Assistant Administrator for Oceans 

16 Ecosystem Management and Protection, who 

17 shall be the head of the Office of Oceans Eco18 system Management and Protection and shall 

19 oversee programs and activities of the Adminis20 tration relating to marine ecosystem health and 

21 ecosystem-based management of United States 

22 ocean waters, including— 

23 (i) coastal, estuary, Great Lakes, and 

24 ocean management; 
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•HR 2939 IH 

1 (ii) regional coordination and plan2 ning; 

3 (iii) watershed monitoring; 

4 (iv) coral reefs; 

5 (v) harmful algal blooms; 

6 (vi) hypoxia; 

7 (vii) response and restoration; 

8 (viii) fisheries research and manage9 ment; 

10 (ix) protected resources research and 

11 management; 

12 (x) habitat conservation research and 

13 management; 

14 (xi) enforcement and surveillance 

15 services; 

16 (xii) marine and estuarine aqua17 culture; 

18 (xiii) coastal and estuarine land con19 servation and restoration; 

20 (xiv) sanctuaries and marine protected 

21 areas; 

22 (xv) invasive species; and 

23 (xvi) ocean and coastal partnerships. 

24 (B) An Assistant Administrator for Weath25 er Services, who shall be the head of the Na-
32 

•HR 2939 IH 

1 tional Weather Service and shall oversee pro2 grams and activities of the Administration re3 lating to— 

4 (i) weather research; 

5 (ii) air quality research; and 

6 (iii) weather systems operations and 

7 management. 

8 (C) An Assistant Administrator for Oceans 

9 and Atmospheric Research and Data Services, 

10 who shall be the head of the Office of Oceans 

11 and Atmospheric Research and Data Services 

12 and shall oversee programs and activities of the 

13 Administration relating to oceans and atmos14 pheric science and research, including— 

15 (i) oceans, coastal, and Great Lakes 

16 research; 

17 (ii) navigation; 

18 (iii) coastal and ocean observing sys19 tems; 

20 (iv) climate research; 

21 (v) the National Sea Grant College 

22 Program; 

23 (vi) the National Undersea Research 

24 Program; 
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•HR 2939 IH 

1 (vii) ocean exploration, including as 

2 described in section 701; 

3 (viii) polar research; 

4 (ix) environmental satellite observing 

5 systems; and 

6 (x) data centers and information serv7 ices. 

8 (D) An Assistant Administrator for Oceans 

9 and Atmospheric Education, who shall be the 

10 head of the Office of Education and shall over11 see programs and activities of the Administra12 tion relating to national-level marine education 

13 and outreach, including— 

14 (i) the JASON Project; 

15 (ii) ocean science competition; 

16 (iii) educational partnership pro17 grams; and 

18 (iv) other responsibilities as described 

19 in section 604. 

20 (E) An Assistant Administrator for Per21 sonnel, Program, and Facilities Management, 

22 who shall be the head of the Office of Per23 sonnel, Program, and Facilities Management, 

24 shall oversee the programs and activities of the 

25 Administration relating to general management 
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•HR 2939 IH 

1 of personnel, programs, facilities (including all 

2 vessels and aircraft), and financial matters, in3 cluding— 

4 (i) program management and direc5 tion; 

6 (ii) budget formulation, guidance, and 

7 execution; 

8 (iii) resource requirements determina9 tion and allocation; 

10 (iv) environment, safety, and health 

11 operations; and 

12 (v) administration of contracts, real 

13 property, and facilities. 

14 (F) A Chief Scientist, who shall be the 

15 chair of the Science Advisory Board of the Ad16 ministration. 

17 (G) A General Counsel, who shall— 

18 (i) be the chief legal officer of the Ad19 ministration for all legal matters that arise 

20 in connection with the conduct of the func21 tions of the Administration; and 

22 (ii) perform such other functions and 

23 exercise such powers as the Administrator 

24 may prescribe. 
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1 (2) PAY.—The Chief Scientist, General Coun2 sel, and each Assistant Administrator is a Senior 

3 Executive Service general position. 

4 SEC. 204. QUALIFICATIONS OF ADMINISTRATION OFFICERS. 

5 The Chief Scientist, General Counsel, Assistant Ad6 ministrators, and Regional Administrators of the Adminis7 tration shall be appointed from among individuals who are 

8 qualified by reason of background and experience to direct 

9 the implementation and administration of the functions 

10 for which they are responsible. 

11 SEC. 205. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN12 ISTRATION REGIONAL OFFICES. 

13 (a) ESTABLISHMENT.—The Administrator shall, by 

14 not later than 1 year after the date of the enactment of 

15 this Act— 

16 (1) establish for each ocean region designated 

17 under section 402 a National Oceanic and Atmos18 pheric Administration Regional Office, which shall 

19 be relatively centrally located in the coastal area of 

20 the ocean region; and 

21 (2) appoint a Regional Administrator of the 

22 National Oceanic and Atmospheric Administration 

23 for that region. 
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•HR 2939 IH 

1 (b) FUNCTIONS OF REGIONAL ADMINISTRATORS.—A 

2 Regional Administrator appointed under paragraph (1) 

3 for an ocean region shall— 

4 (1) be the head of the National Oceanic and At5 mospheric Administration Regional Office estab6 lished for that region; 

7 (2) be responsible for implementation of this 

8 Act with respect to that ocean region; 

9 (3) provide a written opinion to the Adminis10 trator on the consistency of proposed covered ac11 tions; 

12 (4) support coordination and information trans13 fer between Regional Oceans Partnerships and agen14 cies and groups at the international, Federal, State, 

15 tribal, territorial, local, and other levels; 

16 (5) conduct other tasks as considered necessary 

17 by the Administrator to fulfill the mission of the Ad18 ministration; and 

19 (6) report directly to the Administrator on mat20 ters relating to regional implementation of this Act. 

21 (c) STAFF.—The Regional Administrator appointed 

22 under paragraph (1) for an ocean region shall appoint 

23 staff for the National Oceanic and Atmospheric Adminis24 tration Regional Office for the ocean region. 
37 

•HR 2939 IH 

1 SEC. 206. TRANSFER OF MARINE MAMMALS MANAGEMENT 

2 FUNCTIONS TO THE ADMINISTRATOR. 

3 There is hereby transferred to the Administrator the 

4 function of marine mammals management authorized by 

5 the Marine Mammal Protection Act of 1972 and under 

6 the jurisdiction of the United States Fish and Wildlife 

7 Service immediately before the date of enactment of this 

8 Act. 

9 SEC. 207. SCIENCE ADVISORY BOARD. 

10 (a) IN GENERAL.—There shall be in the Administra11 tion a Science Advisory Board, which shall report to the 

12 Administrator. 

13 (b) PURPOSE.—The purpose of the Science Advisory 

14 Board is to advise the Administrator on long-range and 

15 short-range strategies for research, education, and appli16 cation of science to ocean resource management and envi17 ronmental assessment and prediction. 

18 (c) MEMBERS.— 

19 (1) IN GENERAL.—The Science Advisory Board 

20 shall consist of not less than 11 members, and not 

21 more than 15 members, appointed by the Adminis22 trator to assure a balanced representation among 

23 scientists, engineers, educators, and science policy 

24 experts who are preeminent in their field and have 

25 demonstrated experience reflecting the full breadth 

26 of the Administration’s areas of responsibility. 
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•HR 2939 IH 

1 (2) TERMS.—Members of the Science Advisory 

2 Board— 

3 (A) shall be appointed for a 3-year term; 

4 (B) may be reappointed once; and 

5 (C) shall serve at the discretion of the Ad6 ministrator. 

7 (d) COMPENSATION AND EXPENSES.—A member of 

8 the Science Advisory Board shall not receive compensation 

9 for service on such board, but upon request by the member 

10 may be allowed travel expenses, including per diem in lieu 

11 of subsistence, in accordance with subchapter I of chapter 

12 57 of title 5, United States Code. 

13 (e) ETHICAL STANDARDS.—Members of the Science 

14 Advisory Board are subject to the ethical standards appli15 cable to special Government employees. 

16 (f) CHAIR.—The Chief Scientist is the chair of the 

17 Science Advisory Board. 

18 (g) MEETINGS.—The Science Advisory Board shall 

19 meet at least twice a year, and at other times at the call 

20 of the Administrator or the chair of the Board. 

21 (h) ADMINISTRATIVE SUPPORT.—The Administrator 

22 shall provide administrative support to the Science Advi23 sory Board. 
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•HR 2939 IH 

1 SEC. 208. REPORT ON RECOMMENDATIONS FOR REORGA2 NIZATION OF FEDERAL PROGRAMS. 

3 The President, in consultation with the Committee on 

4 Ocean Policy, shall submit to the Congress by not later 

5 than 2 years after the date of the enactment of this Act 

6 recommendations on, and a plan and proposed schedule 

7 for— 

8 (1) the transfer of relevant oceanic or atmos9 pheric programs, functions, services, and associated 

10 resources to the National Oceanic and Atmospheric 

11 Administration from any other Federal agency; 

12 (2) consolidation or elimination of oceanic or 

13 atmospheric programs, functions, services, or re14 sources within or among Federal agencies, if their 

15 consolidation or elimination would not undermine 

16 policy goals set forth in this Act; and 

17 (3) reorganization, including establishment of 

18 the Administration as an independent agency, ele19 vation of the Administration to departmental status, 

20 or the establishment of a new department that 

21 would provide increased national attention and re22 sources to oceanic and atmospheric needs and prior23 ities and promote an integrated ecosystem and wa24 tershed-based approach. 
40 

•HR 2939 IH 

1 TITLE III—OCEAN LEADERSHIP 

2 AND COORDINATION 

3 Subtitle A—National Oceans 

4 Advisor 

5 SEC. 301. EXECUTIVE ADVISOR; MISSION. 

6 (a) ESTABLISHMENT.— 

7 (1) IN GENERAL.—There is established in the 

8 Executive Office of the President a National Oceans 

9 Advisor, who shall be appointed by the President, by 

10 and with the advice and consent of the Senate. 

11 (2) COMPENSATION.—The Advisor shall be paid 

12 at a rate specified by the President not to exceed the 

13 rate payable for Level V of the Executive Schedule 

14 under section 5136 of title 5, United States Code. 

15 (b) DUTIES.—The Advisor shall— 

16 (1) advise the President on implementation of 

17 this Act, activities of the Committee on Ocean Pol18 icy, section 311, and other covered actions relating 

19 to United States ocean waters and marine ecosystem 

20 health; 

21 (2) serve as the Executive Director of the Com22 mittee on Ocean Policy established by section 311; 

23 and 

24 (3) in consultation with the Administrator, co25 ordinate Federal agency covered actions related to 
41 

•HR 2939 IH 

1 United States ocean waters and marine ecosystem 

2 health. 

3 SEC. 302. STAFFING. 

4 (a) IN GENERAL.—The Advisor, without regard to 

5 the civil service laws and regulations governing employ6 ment in the competitive service, may employ such officers 

7 and employees as may be necessary to carry out the func8 tions of the National Oceans Advisor under this Act. 

9 (b) VOLUNTARY AND UNCOMPENSATED SERVICES.— 

10 The Advisor may accept, employ, and terminate voluntary 

11 and uncompensated services in furtherance of the pur12 poses of the Advisor. 

13 Subtitle B—Committee on Ocean 

14 Policy 

15 SEC. 311. ESTABLISHMENT OF COMMITTEE; MISSION. 

16 (a) ESTABLISHMENT.—There is established in the 

17 Executive Office of the President a Committee on Ocean 

18 Policy (in this subtitle referred to as the ‘‘Committee’’), 

19 which succeeds the Committee on Ocean Policy established 

20 on December 17, 2004, by Executive Order 13366 and 

21 shall continue the activities of that committee as it was 

22 in existence on the day before the date of enactment of 

23 this Act. 

24 (b) DUTIES.—The Committee shall— 
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•HR 2939 IH 

1 (1) facilitate interagency coordination on Fed2 eral agency covered actions related to United States 

3 ocean waters and marine ecosystem health and the 

4 implementation of this Act; 

5 (2) review and appraise the various programs 

6 and activities of the Federal Government for consist7 ency with the policy set forth in section 101 and 

8 make recommendations to the President with respect 

9 thereto no later than 1 year after the date of enact10 ment of this Act; 

11 (3) resolve interagency disputes regarding ma12 rine ecosystem health and in particular the imple13 mentation of this Act; 

14 (4) coordinate and certify agency ocean budgets 

15 regarding their sufficiency to achieve the policy set 

16 forth in section 101; 

17 (5) submit to the President and publish at least 

18 once every 2 years a report on the condition of 

19 United States ocean waters; and 

20 (6) obtain and provide information to facilitate 

21 and advance ecosystem-based management of Re22 gional Ocean Partnerships in accordance with title 

23 IV. 

24 (c) RESOURCES.—In carrying out its functions under 

25 this Act, the Committee may secure directly from any 
43 

•HR 2939 IH 

1 Federal agency or department any information it con2 siders to be necessary to carry out its functions under this 

3 Act. Each such agency or department may cooperate with 

4 the Committee and, to the extent permitted by law, shall 

5 furnish such information (other than information de6 scribed in section 552(b)(1)(A) of title 5, United States 

7 Code) to the Committee, upon request of the Committee. 

8 SEC. 312. CHAIR; MEMBERSHIP; FUNCTIONS. 

9 (a) CHAIR.—The Secretary of Commerce shall be the 

10 Chair of the Committee. 

11 (b) MEMBERSHIP.— 

12 (1) IN GENERAL.—The Committee shall have 

13 20 voting members, as follows: 

14 (A) The Secretary of Commerce. 

15 (B) The Secretary of State. 

16 (C) The Secretary of the Interior. 

17 (D) The Secretary of Defense. 

18 (E) The Secretary of Agriculture. 

19 (F) The Secretary of Transportation. 

20 (G) The Secretary of Homeland Security. 

21 (H) The Secretary of Education. 

22 (I) The Secretary of Energy. 

23 (J) The Secretary of Health and Human 

24 Services. 
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•HR 2939 IH 

1 (K) The Administrator of the Environ2 mental Protection Agency. 

3 (L) The Director of the Office of Manage4 ment and Budget. 

5 (M) The Director of the National Science 

6 Foundation. 

7 (N) Four State Governors appointed by 

8 the National Governors Association, who shall 

9 represent State and local interests. 

10 (O) The Administrator of the National 

11 Aeronautics and Space Administration. 

12 (P) The Chair of the National Research 

13 Council Governing Board. 

14 (Q) The Chair of the Council on Environ15 mental Quality. 

16 (2) STATE GOVERNOR MEMBERS.— 

17 (A) TERMS.—Of the members appointed 

18 under paragraph (1)(N)— 

19 (i) except as provided in clause (iii), 

20 their term as a member shall be 3 years; 

21 (ii) one member shall be appointed to 

22 an initial 3-year term that begins in a Fed23 eral election year in which there occurs an 

24 election of the President; 
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•HR 2939 IH 

1 (iii) one member shall be appointed to 

2 an initial 3-year term that begins in a Fed3 eral election year in which there does not 

4 occur an election of the President; and 

5 (iv) at least 2 shall be Governors of 

6 coastal States. 

7 (B) LIMITATION ON APPOINTMENT.—A 

8 Governor of a State may not be appointed 

9 under paragraph (1)(N) to a term on the Com10 mittee that begins before the end of the 3-year 

11 period that begins upon the expiration of a 

12 prior term on the Committee served by a Gov13 ernor of the State. 

14 (c) STAFF.— 

15 (1) IN GENERAL.—The Chair, without regard 

16 to the civil service laws and regulations, may employ 

17 and terminate such employees as may be necessary 

18 to carry out its function under this Act. 

19 (2) VOLUNTARY AND UNCOMPENSATED SERV20 ICES.—The Chair may accept, employ, and termi21 nate voluntary and uncompensated services in fur22 therance of the purposes of the Committee. 
46 

•HR 2939 IH 

1 SEC. 313. ESTABLISHING A COORDINATED MANAGEMENT 

2 REGIME FOR ACTIVITIES IN FEDERAL WA3 TERS. 

4 The Committee shall submit to the Congress by not 

5 later than 2 years after the date of the enactment of this 

6 Act recommendations on, and a plan and proposed sched7 ule for creating, a balanced, ecosystem-based management 

8 regime for activities in Federal waters that— 

9 (1) considers the use of ocean zoning and cu10 mulative impacts of multiple uses; 

11 (2) designates a lead Federal agency for each 

12 existing activity and new activity in Federal waters; 

13 (3) ensures that each such lead Federal agency 

14 coordinates with other applicable authorities, includ15 ing States and Regional Ocean Partnerships estab16 lished under title IV of this Act; 

17 (4) fully considers the public interest; and 

18 (5) establishes a set of guiding principles for 

19 new activities in Federal waters that ensures the 

20 health of marine ecosystems. 

21 Subtitle C—Council of Advisors on 

22 Oceans Policy 

23 SEC. 321. ESTABLISHMENT OF COUNCIL. 

24 There is established the Council of Advisors on 

25 Oceans Policy (in this subtitle referred to as the ‘‘Coun26 cil’’). 
47 

•HR 2939 IH 

1 SEC. 322. DUTIES. 

2 The Council shall advise the President, the National 

3 Oceans Advisor, and the Committee on Ocean Policy on 

4 policies to protect, maintain, and restore the health of ma5 rine ecosystems on a regional and national basis. 

6 SEC. 323. MEMBERSHIP. 

7 (a) IN GENERAL.—The Council shall have not less 

8 than 13 members and not more than 17 members (as de9 termined by the President) appointed by the President. 

10 (b) INCLUDED MEMBERS.—The members of the 

11 Council shall include at least 1 representative of each of 

12 the following: 

13 (1) State, tribal, and local governments. 

14 (2) The marine science research community. 

15 (3) The marine science education community. 

16 (4) Fisheries. 

17 (5) Nonfishing marine activities. 

18 (6) Agriculture, which may include timber. 

19 (7) Watershed organizations (other than organi20 zations represented under paragraph (8)), which 

21 may include resource conservation districts. 

22 (8) Nongovernmental organizations (other than 

23 organizations represented under paragraph (7)), in24 cluding groups interested in marine conservation. 

25 (c) TERMS.— 
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the term of a member of the Council shall 

3 be 3 years. 

4 (2) INITIAL APPOINTEES.—Of the members ini5 tially appointed to the Council— 

6 (A) one-half shall be appointed to a 3-year 

7 term that ends in a Federal election year in 

8 which there occurs an election of the President; 

9 and 

10 (B) one-half shall be appointed to a 3-year 

11 term that ends in a Federal election year in 

12 which there does not occur an election of the 

13 President. 

14 (d) QUALIFICATION.—Members of the Council shall 

15 be appointed based on their knowledge and experience in 

16 coastal, ocean, and atmospheric science, policy, and other 

17 related areas. 

18 (e) VACANCIES.—Any member appointed to fill a va19 cancy occurring before the expiration of the term for which 

20 the member’s predecessor was appointed shall be ap21 pointed only for the remainder of that term. 

22 (f) LIMITATION.—An individual may not serve more 

23 than 2 terms as a member of the Council. 

24 (g) COMPENSATION AND EXPENSES.—A member of 

25 the Council shall not receive compensation for service on 
49 

•HR 2939 IH 

1 the Council, but upon request by the member may be al2 lowed travel expenses, including per diem in lieu of sub3 sistence, in accordance with subchapter I of chapter 57 

4 of title 5, United States Code. 

5 SEC. 324. MEETINGS. 

6 The Council shall meet at least 2 times each year and 

7 more often at the President’s discretion. 

8 TITLE IV—REGIONAL 

9 COORDINATION AND PLANNING 

10 SEC. 401. FINDINGS. 

11 The Congress finds the following: 

12 (1) Recent reports by the Commission on Ocean 

13 Policy and the Pew Oceans Commission call for a 

14 more comprehensive and integrated ecosystem-based 

15 management approach to address current and future 

16 ocean and coastal challenges. 

17 (2) Establishing a national network of govern18 ance planning bodies at the regional level is essential 

19 for solving many pressing United States ocean and 

20 coastal issues. 

21 (3) Several States and regions have developed 

22 ocean management strategies that can be used as 

23 templates for coordinating among various govern24 ment entities. A new national framework is needed 

25 to extend, integrate, and support these efforts. 
50 

•HR 2939 IH 

1 (4) Large marine ecosystems are biogeographi2 cally distinct ecosystem units and provide an appro3 priate spatial scale for ecosystem-based regional 

4 ocean governance. 

5 (5) Because ecosystems do not align with polit6 ical jurisdictions, regional ocean governance mecha7 nisms must provide for cooperation and collaboration 

8 within and among multiple levels of government, in9 cluding local, State, tribal, and Federal govern10 ments. 

11 (6) Effective regional ocean governance requires 

12 transparency and must include ample opportunities 

13 for input and participation by stakeholders and the 

14 public. 

15 (7) Additional funding and other resources are 

16 necessary to promote regional coordination and col17 laboration and to implement regional solutions to 

18 current and future ocean and coastal management 

19 challenges. 

20 SEC. 402. REGIONAL OCEAN PARTNERSHIPS. 

21 (a) IN GENERAL.—Within one year after the date of 

22 the enactment of this Act, the Administrator and appro23 priate States, in consultation with the Committee on 

24 Ocean Policy, shall establish a Regional Ocean Partner-
51 

•HR 2939 IH 

1 ship for each of the ocean regions established by this sec2 tion in order to— 

3 (1) provide for more systematic communication, 

4 collaboration, and integration of Federal and State 

5 coastal and ocean environmental and resource man6 agement efforts; 

7 (2) provide for regional ecosystem assessment 

8 and information programs to guide management de9 cisions; 

10 (3) create a strategic plan for and implement 

11 adaptive, ecosystem-based management of coastal 

12 and ocean resources within ocean regions, building 

13 on and complementing local, State, and regional ef14 forts; and 

15 (4) encourage improved citizen and community 

16 stewardship of coastal and ocean resources. 

17 (b) GUIDING PRINCIPLES.—The guiding principles 

18 for Regional Ocean Partnerships and Regional Ocean 

19 Strategic Plans under this title are— 

20 (1) to protect, maintain, and restore the health 

21 of marine ecosystems, and 

22 (2) to provide for the ecologically sustainable 

23 use and management of ocean and coastal resources. 

24 (c) MEMBERSHIP.— 

25 (1) FEDERAL REPRESENTATIVES.— 
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•HR 2939 IH 

1 (A) IN GENERAL.—Within 90 days after 

2 the date of the enactment of this Act, the Ad3 ministrator, in consultation with the Committee 

4 on Ocean Policy, shall coordinate representa5 tives of the Federal Government to form each 

6 Regional Ocean Partnership. Such representa7 tives shall be officers or employees of Federal 

8 agencies and departments that have expertise in 

9 and oversee ocean and coastal policy or resource 

10 management. Each Federal agency or depart11 ment shall select and appoint their representa12 tives to each Regional Ocean Partnership. The 

13 Administrator, or his or her designated rep14 resentative, shall serve as the chairperson of 

15 each Regional Ocean Partnership. 

16 (B) INCLUDED ENTITIES.—The represent17 atives appointed to each Regional Ocean Part18 nership under this paragraph shall include one 

19 or more officers or employees of the Adminis20 tration, the Department of the Interior, the En21 vironmental Protection Agency, the Department 

22 of Agriculture, the Army Corps of Engineers, 

23 the Department of Defense, the Department of 

24 Homeland Security, the Department of Com-
53 

•HR 2939 IH 

1 merce, and other Federal agencies and depart2 ments as necessary. 

3 (2) STATE AND TRIBAL REPRESENTATIVES.— 

4 (A) COASTAL STATE APPOINTMENTS.—The 

5 Governor of each Coastal State within the 

6 ocean region of a Regional Ocean Partnership 

7 shall appoint an officer or employee of the State 

8 agency with primary responsibility for over9 seeing ocean and coastal policy or resource 

10 management to that Regional Ocean Partner11 ship. 

12 (B) INLAND STATE APPOINTMENT.— 

13 Where appropriate, the Administrator shall re14 ceive nominations and select one representative 

15 from one of the inland States that, according to 

16 maps and data of the United States Geological 

17 Survey, have jurisdiction over waters that feed 

18 into the ocean region for which a Regional 

19 Ocean partnership must prepare an ecosystem 

20 plan. 

21 (C) WESTERN PACIFIC AND CARIBBEAN

22 REGIONAL OCEAN PARTNERSHIPS.—The Gov23 ernors of American Samoa, Guam, and the 

24 Northern Mariana Islands shall each appoint an 

25 officer or employee of the agency with primary 
54 

•HR 2939 IH 

1 responsibility for overseeing ocean and coastal 

2 policy or resource management to the Western 

3 Pacific Regional Ocean Partnership. The Gov4 ernors of the Virgin Islands and the Common5 wealth of Puerto Rico shall each appoint an of6 ficer or employee of the agency with primary re7 sponsibility for overseeing ocean and coastal 

8 policy or resource management to the Carib9 bean Regional Ocean Partnership. 

10 (D) NORTH PACIFIC REGIONAL OCEAN

11 PARTNERSHIP.—The Governor of the State of 

12 Washington shall appoint an officer or employee 

13 of the Washington State agency with primary 

14 responsibility for overseeing ocean and coastal 

15 policy or resource management to the North 

16 Pacific Regional Ocean Partnership. 

17 (3) INTERNATIONAL REPRESENTATIVES.— 

18 Where appropriate, each Regional Ocean Partner19 ship shall foster nonbinding relationships with for20 eign governments, agencies, States, provinces, and 

21 other entities as appropriate, at scales appropriate 

22 to the region under the authority of a Regional 

23 Ocean Partnership, including by providing opportu24 nities for nonvoting participation by foreign rep25 resentatives at meetings of the Regional Ocean Part-
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•HR 2939 IH 

1 nership, its advisory committees, and other working 

2 groups. 

3 (4) REGIONAL FISHERIES MANAGEMENT COUN4 CIL REPRESENTATIVE.—The executive director of 

5 each Regional Fishery Management Council having 

6 jurisdiction over the ocean region of a Regional 

7 Ocean Partnership shall serve as a voting member of 

8 the Partnership, and shall be considered a Federal 

9 representative for the purposes of section 

10 402(c)(6)(A). 

11 (5) LOCAL GOVERNMENT REPRESENTATIVE.— 

12 Where appropriate, the Administrator will receive 

13 nominations and select one representative from a 

14 coastal political subdivision to represent the interests 

15 of local and county governments on the Regional 

16 Ocean Partnership. 

17 (6) ADDITIONAL APPOINTMENTS.— 

18 (A) TOTALS.—The Administrator shall de19 termine the total number of additional rep20 resentatives of Indian tribes, Coastal 

21 Stateswithin an ocean region of a Regional 

22 Ocean Partnership as is necessary to ensure 

23 that the combined number of mon-Federal vot24 ing representatives equals the number of Fed-
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•HR 2939 IH 

1 eral voting representatives on each Regional 

2 Ocean Partnership. 

3 (B) SOLICITING NOMINATIONS.—The Ad4 ministrator shall solicit nominations for quali5 fied governmental officers or employees from 

6 Indian tribes, States, Commonwealths, terri7 tories, and possessions of the United States 

8 within an ocean region of a Regional Ocean 

9 Partnership and select nominees to fill any va10 cant seats on that Regional Ocean Partnership. 

11 (C) SELECTING NOMINEES.—In selecting 

12 among nominees to serve on each Regional 

13 Ocean Partnership, the Administrator shall 

14 strive to ensure a balanced representation 

15 among these governmental entities. 

16 (d) ADVISORY COMMITTEES.— 

17 (1) AUTHORITY.—Each Regional Ocean Part18 nership may establish and appoint members of advi19 sory committees and working groups as necessary 

20 for preparation of a Regional Ocean Strategic Plan 

21 under this title. 

22 (2) CITIZENS ADVISORY COMMITTEE.—Each 

23 Regional Ocean Partnership shall establish and ap24 point members of a Citizens Advisory Committee 

25 comprised of nongovernmental members of the pub-
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1 lic, including a wide range of citizens interested in 

2 multiple uses of United States ocean waters and 

3 ocean resources. 

4 (3) ADVICE AND INPUT.—Each Regional Ocean 

5 Partnership shall take the advice and input of any 

6 Advisory Committee into consideration in the devel7 opment of a Regional Ocean Strategic Plan. 

8 (e) COORDINATION.— 

9 (1) IN GENERAL.—Immediately following the 

10 appointment of representatives to each Regional 

11 Ocean Partnership, the representatives shall take 

12 steps to identify opportunities and better coordinate 

13 and integrate existing programs or activities with 

14 the other governmental entities in the ocean region 

15 of the Regional Ocean Partnership. 

16 (2) EXISTING PROGRAMS.—Each Regional 

17 Ocean Partnership shall not supplant the functions 

18 or authorities of existing regional entities and shall, 

19 to the maximum extent possible, build upon current 

20 State, multistate, and regional capacity and govern21 ance and institutional mechanisms to manage ocean 

22 and coastal resources. This shall include mechanisms 

23 to— 

24 (A) conduct coastal and ocean monitoring, 

25 mapping, assessment, and observations; 
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1 (B) provide for ecologically sustainable 

2 growth; 

3 (C) restore and conserve habitat; 

4 (D) manage State and Federal fisheries; 

5 (E) maintain and improve the quality of 

6 coastal and ocean waters; and 

7 (F) protect and restore the resources of 

8 the Nation’s coastal zone. 

9 (3) INLAND REGIONS.—Each Regional Ocean 

10 Partnership shall collaborate and coordinate as nec11 essary and appropriate with inland States that may 

12 significantly impact the health of marine ecosystems 

13 in the ocean region. 

14 (f) REGIONS.— 

15 (1) IN GENERAL.—There are hereby designated 

16 the following ocean regions: 

17 (A) NORTH PACIFIC OCEAN REGION.—The 

18 North Pacific Ocean Region, which shall consist 

19 of the coastal zone (as defined in section 304 

20 of the Coastal Zone Management Act of 1972 

21 (16 U.S.C. 1453)) and watershed areas of the 

22 State of Alaska that have a significant impact 

23 on coastal waters of the State of Alaska sea24 ward to the extent of the Exclusive Economic 
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1 Zone as specified in Presidential Proclamation 

2 Number 5030, dated March 10, 1983. 

3 (B) PACIFIC OCEAN REGION.—The Pacific 

4 Ocean Region, which shall consist of the coastal 

5 zone (as defined in section 304 of the Coastal 

6 Zone Management Act of 1972 (16 U.S.C. 

7 1453)) and watershed areas of the States that 

8 have a significant impact on coastal waters of 

9 the States of Washington, Oregon, and Cali10 fornia seaward to the extent of the Exclusive 

11 Economic Zone as specified in Presidential 

12 Proclamation Number 5030, dated March 10, 

13 1983. 

14 (C) WESTERN PACIFIC OCEAN REGION.— 

15 The Western Pacific Ocean Region, which shall 

16 consist of the coastal zone (as defined in section 

17 304 of the Coastal Zone Management Act of 

18 1972 (16 U.S.C. 1453)) and watershed areas of 

19 the States that have a significant impact on 

20 coastal waters of the States of Hawaii, Guam, 

21 American Samoa, and the Northern Mariana 

22 Islands seaward to the extent of the Exclusive 

23 Economic Zone as specified in Presidential 

24 Proclamation Number 5030, dated March 10, 

25 1983, including the territorial waters of the 
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1 Commonwealths, territories, and possessions of 

2 the United States in the Pacific Ocean. 

3 (D) GULF OF MEXICO OCEAN REGION.— 

4 The Gulf of Mexico Ocean Region, which shall 

5 consist of the coastal zone (as defined in section 

6 304 of the Coastal Zone Management Act of 

7 1972 (16 U.S.C. 1453)) and watershed areas of 

8 the States that have a significant impact on 

9 coastal waters of the States of Texas, Lou10 isiana, Mississippi, Alabama, and Florida sea11 ward to the extent of the Exclusive Economic 

12 Zone as specified in Presidential Proclamation 

13 Number 5030, dated March 10, 1983. 

14 (E) CARIBBEAN OCEAN REGION.—The 

15 Caribbean Ocean Region, which shall consist of 

16 the coastal zone (as defined in section 304 of 

17 the Coastal Zone Management Act of 1972 (16 

18 U.S.C. 1453)) and watershed areas of the 

19 States that have a significant impact on coastal 

20 waters of the Virgin Islands and the Common21 wealth of Puerto Rico seaward to the extent of 

22 the Exclusive Economic Zone as specified in 

23 Presidential Proclamation Number 5030, dated 

24 March 10, 1983, including the territorial waters 

25 of the Caribbean Sea and Atlantic Ocean. 
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1 (F) SOUTHEAST ATLANTIC OCEAN RE2 GION.—The Southeast Atlantic Ocean Region, 

3 which shall consist of the coastal zone (as de4 fined in section 304 of the Coastal Zone Man5 agement Act of 1972 (16 U.S.C. 1453)) and 

6 watershed areas of the States that have a sig7 nificant impact on coastal waters of the States 

8 of Florida, Georgia, South Carolina, and North 

9 Carolina seaward to the extent of the Exclusive 

10 Economic Zone as specified in Presidential 

11 Proclamation Number 5030, dated March 10, 

12 1983. 

13 (G) NORTHEAST ATLANTIC OCEAN RE14 GION.—The Northeast Atlantic Ocean Region, 

15 which shall consist of the coastal zone (as de16 fined in section 304 of the Coastal Zone Man17 agement Act of 1972 (16 U.S.C. 1453)) and 

18 watershed areas of the States that have a sig19 nificant impact on coastal waters of the States 

20 of Maine, New Hampshire, Massachusetts, 

21 Rhode Island, Connecticut, New York, New 

22 Jersey, Delaware, Maryland, Pennsylvania, and 

23 Virginia seaward to the extent of the Exclusive 

24 Economic Zone as specified in Presidential 
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1 Proclamation Number 5030, dated March 10, 

2 1983. 

3 (H) GREAT LAKES REGION.—The Great 

4 Lakes Region, which shall consist of the coastal 

5 zone (as defined in section 304 of the Coastal 

6 Zone Management Act of 1972 (16 U.S.C. 

7 1453)) and watershed areas of the States that 

8 have a significant impact on coastal waters of 

9 the States of Wisconsin, Minnesota, Michigan, 

10 Illinois, Indiana, Ohio, New York, and Pennsyl11 vania to the extent of the territorial waters of 

12 the United States in the Great Lakes. 

13 (2) SUBREGIONS.—Each Regional Ocean Part14 nership may establish such subregions, or geographi15 cally specified management areas, as necessary for 

16 efficient and effective management of ecosystem 

17 problems. 

18 (g) PROCEDURES.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), each Regional Ocean Partnership shall 

21 operate in accordance with procedures established by 

22 the Regional Ocean Partnership and approved by 

23 the Administrator. 

24 (2) INTERIM PROCEDURES.—Each Regional 

25 Ocean Partnership shall operate in accordance with 
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1 interim procedures prescribed by the Administrator 

2 until such time as the Administrator approves proce3 dures established by the Partnership under para4 graph (1). 

5 (3) REQUIRED PROCEDURES.—The Adminis6 trator shall prescribe requirements for approval of 

7 procedures under paragraph (1), and interim proce8 dures for purposes of paragraph (2), including such 

9 requirements and interim procedures that provide 

10 for— 

11 (A) transparency in decisionmaking; 

12 (B) opportunities for public input and par13 ticipation; and 

14 (C) the use of science, local government, 

15 and citizen advisory committees. 

16 (h) STAFF.— 

17 (1) HIRING AUTHORITY.—Each Regional Ocean 

18 Partnership may hire such staff as is necessary to 

19 perform the functions of the Partnership. 

20 (2) TREATMENT.—Staff hired by a Regional 

21 Ocean Partnership shall be treated as employees of 

22 the Administration. 

23 (i) FACA.—The Federal Advisory Committee Act (5 

24 U.S.C. App.) shall not apply to the Regional Ocean Part-
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1 nerships or to any advisory committees established under 

2 this title. 

3 SEC. 403. REGIONAL OCEAN STRATEGIC PLANS. 

4 (a) REQUIREMENT.—Each Regional Ocean Partner5 ship shall, within 3 years after establishment of the Part6 nership, prepare and submit to the Administrator and the 

7 Committee on Ocean Policy for review and consultation 

8 and approval by the Administration pursuant to this sec9 tion a Regional Ocean Strategic Plan for the ocean region 

10 of the Partnership. 

11 (b) CONTENTS.—Each Regional Ocean Strategic 

12 Plan prepared by a Regional Ocean Partnership shall, at 

13 a minimum, include the following: 

14 (1) An assessment of the ocean region in order 

15 to guide management decisions, including consider16 ation of ecological, economic, educational, social, cul17 tural nutritional, and recreational factors. 

18 (2) Identification of multiple indicators that 

19 measure ecosystem health and the effectiveness of 

20 current management efforts, and an analysis of their 

21 current status. 

22 (3) Determination of priority issues within the 

23 region and adjoining inland regions and an assess24 ment of the capacity of existing governance mecha25 nisms to address those problems. 
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1 (4) Determination of solutions and specific poli2 cies to address the priority problems that take an 

3 adaptive, ecosystem-based approach. 

4 (5) Identification of short and long-term eco5 system goals, responsibilities for taking actions to 

6 implement solutions to priority problems and to 

7 achieve those ecosystem goals, and the necessary re8 sources. 

9 (6) An analysis of the gaps in authority, coordi10 nation, and resources, including funding, that must 

11 be filled in order to fully achieve the plan’s goals. 

12 (7) Identification of model programs whose ex13 isting infrastructure aid in implementation of the 

14 plan. 

15 (c) MEETINGS.—Each Regional Ocean Partnership 

16 shall meet— 

17 (1) at least twice each year— 

18 (A) during the development of the Re19 gional Ocean Strategic Plan; and 

20 (B) after completion of such plan to mon21 itor the implementation of the plan’s goals and 

22 objectives and develop strategies for adaptive 

23 management; and 

24 (2) at other times at the call of the Adminis25 trator. 
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1 (d) AMENDING PLANS.—Each approved Regional 

2 Ocean Strategic Plan shall be reviewed and revised by the 

3 relevant Regional Ocean Partnership at least once every 

4 five years. Any proposed amendments to the plan shall be 

5 transmitted to the Administrator for review pursuant to 

6 this section. 

7 (e) ACTION BY ADMINISTRATOR.— 

8 (1) REVIEW OF PLANS.— 

9 (A) COMMENCEMENT OF REVIEW.—Within 

10 10 days after transmittal of a Regional Ocean 

11 Strategic Plan by a Regional Ocean Partner12 ship to the Administrator and the Committee 

13 on Ocean Policy, or any amendment to such a 

14 plan, the Administrator in consultation with the 

15 Committee on Ocean Policy shall commence a 

16 review of the plan or amendment. 

17 (B) PUBLIC NOTICE AND COMMENT.—Im18 mediately after receipt of such a plan, the Ad19 ministrator shall publish in the Federal Reg20 ister a notice stating that the plan or amend21 ment is available and that public comments 

22 may be submitted to the Administrator within 

23 60 days after the date the notice is published. 

24 (C) REQUIREMENTS FOR APPROVAL.—Be25 fore approving a Regional Ocean Strategic 
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1 Plan, or any amendments to such a plan, sub2 mitted by a Regional Ocean Partnership, the 

3 Administrator, in consultation with the Com4 mittee on Ocean Policy, must find that the 

5 plan— 

6 (i) is consistent with the guiding prin7 ciples under section 402(b), and 

8 (ii) adequately addresses the required 

9 elements under subsection (b) of this sec10 tion. 

11 (D) DEADLINE FOR REVIEW.—Within 120 

12 days after transmittal by the Regional Ocean 

13 Partnership to the Administrator of a Regional 

14 Ocean Strategic Plan, or an amendment to such 

15 a plan, the Administrator in consultation with 

16 the Committee on Ocean Policy shall approve or 

17 disapprove the plan by written notice. If the 

18 Administrator disapproves a Regional Ocean 

19 Strategic Plan or amendment, the Adminis20 trator in consultation with the Committee on 

21 Ocean Policy shall make conforming rec22 ommendations to the Regional Ocean Partner23 ship. The Regional Ocean Partnership may sub24 mit a revised plan or amendment to the Admin-
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•HR 2939 IH 

1 istrator and the Committee on Ocean Policy for 

2 review under this title. 

3 (2) GRANTS.—The Administrator, subject to 

4 the availability of funds in the Ocean and Great 

5 Lakes Conservation Trust Fund established in sec6 tion 801, may award grants to members of a Re7 gional Ocean Partnership, other than representatives 

8 of the Federal Government, to cover expenses in9 curred in developing a draft Ocean and Coastal 

10 Strategic Plan or to implement an approved plan. 

11 (f) IMPLEMENTATION.— 

12 (1) IN GENERAL.—Indian tribes, States, Com13 monwealths, territories and possessions of the 

14 United States with a representative on a Regional 

15 Ocean Partnership, and the Federal Government 

16 shall, to the maximum extent practicable, implement 

17 an approved Regional Ocean Strategic Plan con18 sistent with existing legal authorities. 

19 (2) RECOMMENDATIONS FOR MORE RE20 SOURCES.—If existing legal authority is inadequate 

21 or other resources are needed to successfully imple22 ment an approved Regional Ocean Strategic Plan in 

23 consultation with the Committee on Ocean Policy, 

24 the representatives of Indian tribes, States, Com25 monwealths, territories and possessions of the 
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•HR 2939 IH 

1 United States, and of the Federal Government serv2 ing on a Regional Ocean Partnership shall make rec3 ommendations to the Congress and States regarding 

4 necessary changes. 

5 SEC. 404. NATIONAL ACADEMY OF SCIENCES STUDY OF RE6 GIONAL OCEANS GOVERNANCE. 

7 (a) STUDY REQUIRED.—The Administrator and the 

8 Committee on Ocean Policy shall, as soon as practicable, 

9 enter into an arrangement with the National Research 

10 Council of the National Academy of Sciences to carry out 

11 a study of existing regional and ecosystem-based ap12 proaches to coastal and ocean governance. 

13 (b) MATTERS INCLUDED.—The study required by 

14 subsection (a) shall evaluate— 

15 (1) current coastal and oceans approaches to 

16 ecosystem-based management and their effectiveness 

17 at maintaining healthy marine ecosystems; 

18 (2) approaches to regional governance currently 

19 in use in the United States; and 

20 (3) mechanisms for engaging Federal, State, 

21 and local governments, special interest groups, and 

22 the general public in the management process. 

23 (c) RECOMMENDATIONS.—In carrying out the study 

24 required by subsection (a), the National Research Council 

25 may develop recommendations it considers appropriate 
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•HR 2939 IH 

1 and directly related to the subject matter of the study. 

2 It is the sense of the Congress that the National Research 

3 Council should develop recommendations on the best 

4 methods of creating governance structures, specific to 

5 each of the Regional Ocean Partnerships created in sec6 tion 402, that include ecosystem-based management strat7 egies and broad participation. 

8 (d) REPORTS.—The National Research Council shall 

9 submit to the Administrator, the Committee on Ocean Pol10 icy, and each of the Regional Ocean Partnerships created 

11 in section 402 by not later than one year after entering 

12 into the arrangement required by subsection (a), a final 

13 report on the study that includes all findings, conclusions, 

14 and recommendations. Upon receipt of the final report, 

15 each of the Regional Ocean Partnerships shall consider 

16 and integrate recommendations of the National Research 

17 Council to improve regional governance structures. 

18 (e) PROVISION OF INFORMATION.—The Adminis19 trator and the Regional Ocean Partnerships shall, in a 

20 timely manner, make available to the National Research 

21 Council all information that the National Research Coun22 cil considers necessary to carry out its responsibilities 

23 under this section. 

24 (f) RULE OF CONSTRUCTION.—This section shall not 

25 be construed to affect section 402. 
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•HR 2939 IH 

1 (g) FUNDING.—Of the amounts made available to the 

2 National Oceanic and Atmospheric Administration pursu3 ant to the authorization of appropriations, an appropriate 

4 amount shall be available only for carrying out the study 

5 required by this section. 

6 SEC. 405. REGULATIONS. 

7 The Administrator shall issue such regulations as the 

8 Administrator considers necessary to ensure proper ad9 ministration of this title. 

10 SEC. 406. OTHER AUTHORITY. 

11 This title shall not be construed as superseding or 

12 diminishing the authorities and responsibilities, under any 

13 other provision of law, of the Administrator or any other 

14 Federal, State, or tribal officer, employee, department, or 

15 agency. 

16 SEC. 407. OCEAN ECOSYSTEM RESOURCE INFORMATION 

17 SYSTEMS. 

18 (a) FINDINGS.—The Congress finds the following: 

19 (1) Ecosystem-based management will require 

20 development of an ocean information systems com21 prised of a set of information management tools and 

22 products capable of integrating and disseminating 

23 information essential for informed decision-making. 

24 (2) Information generated by ocean monitoring 

25 systems, including the National Environmental Ob-
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•HR 2939 IH 

1 servatory Network, will be more useful if fully inte2 grated into resource information systems developed 

3 for ecosystem-based management applications. Data 

4 from these offshore monitoring programs, coupled 

5 with other information on ocean and aquatic eco6 systems, will provide a basis for understanding nat7 ural and anthropogenic environmental variability, in8 cluding climate change and the resulting impacts on 

9 living marine resources. 

10 (3) Natural resource information systems have 

11 been developed and are presently a successful man12 agement tool for onshore uses, including some Pa13 cific Coast watersheds, and they should now be ap14 plied to the ocean environment to facilitate eco15 system-based management of the United States 

16 oceans waters. 

17 (b) ESTABLISHMENT.— 

18 (1) REQUIREMENT.—The Administrator shall, 

19 within 90 days after the date of the enactment of 

20 this Act, establish a network of regional ocean eco21 system resource information systems to act as an or22 ganized repository of geophysical, atmospheric, 

23 oceanographic, and marine biological data, including 

24 genetic research, studies, data, maps, and analyses 

25 necessary to the understanding of the ocean eco-
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•HR 2939 IH 

1 system, and from which to draw information for the 

2 establishment of national policies and priorities re3 lated to the conservation, use, and management of 

4 United States ocean waters and the marine re5 sources therein. 

6 (2) INCLUDED INFORMATION.—Information 

7 maintained in each regional ocean ecosystem re8 source information system may include— 

9 (A) relevant historic or social science infor10 mation that may aid in the understanding of 

11 ocean ecosystems or their management; and 

12 (B) published and unpublished research, 

13 data, and scientifically peer-reviewed analysis, 

14 developed by State agencies, academic or sci15 entific institutions, fishermen’s collaborative re16 search programs, and other reliable and rel17 evant information sources. 

18 (3) REVIEW OF INCLUDED ANALYSES AND IN19 TERPRETATIONS.—Each draft analysis and interpre20 tation of data to explain ecosystem relationships that 

21 is included in a regional ocean ecosystem resource 

22 information system shall be reviewed by qualified ex23 perts before being broadly disseminated through the 

24 system to the public. 

25 (4) CONTRACTS AND OTHER AGREEMENTS.— 
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1 (A) AUTHORITY.—The Administrator, sub2 ject to the availability of appropriations, may 

3 enter into contracts and other agreements with 

4 other Federal agencies, State agencies, non-gov5 ernmental organizations, universities, and pri6 vate academic institutions for development of 

7 portions of each regional ocean ecosystem re8 source information system. 

9 (B) OPEN-SOURCE SOFTWARE AND THE

10 END-PRODUCT LICENSES.—The Administrator 

11 shall include in such agreements appropriate 

12 provisions requiring use of general public li13 cense open-source software and licensing of 

14 end-products to the Administration or to any 

15 joint authority considered appropriate by the 

16 Administrator for efficient regional operations. 

17 (5) ACCESS TO INFORMATION.—The Adminis18 trator shall ensure that information in each regional 

19 ocean ecosystem resource information system estab20 lished under this section shall be readily accessible 

21 at no cost, or at nominal cost, to the Congress, all 

22 Federal agencies, States, academic and scientific in23 stitutions, and the public through the Internet, li24 braries, and such other mediums as may be appro25 priate and practical. 
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1 (c) INCLUDED REGIONS AND WATERS; SCHEDULE.— 

2 (1) OCEAN REGIONS.—The Administrator shall 

3 establish by not later than January 1, 2010, a re4 gional ocean ecosystem resource information system 

5 for each ocean region. 

6 (2) OTHER WATERS.—The Administrator, in 

7 cooperation with the affected States, shall establish 

8 by not later than January 1, 2015, a regional ocean 

9 ecosystem resource information system for each of 

10 the following bodies of water: 

11 (A) The United States territorial waters of 

12 each of the Great Lakes. 

13 (B) Long Island Sound. 

14 (C) The Gulf of Maine. 

15 (D) Chesapeake Bay. 

16 (E) The Mississippi River Delta. 

17 (F) San Francisco Bay and Delta. 

18 (G) The United States territorial waters of 

19 Puget Sound. 

20 (3) MODIFICATION OF REGIONS AND WA21 TERS.—The Administrator, with respect to the es22 tablishment of regional ocean ecosystem resource in23 formation systems, and for purposes of administra24 tive convenience and to ensure the timely completion 

25 of such systems, may divide the regions and waters 
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•HR 2939 IH 

1 referred to in paragraphs (1) and (2) or include 

2 other waters not listed in those paragraphs. 

3 (d) COORDINATION .— 

4 (1) OBTAINING INFORMATION.—In establishing 

5 regional ocean ecosystem resource information sys6 tems, the Administrator— 

7 (A) shall cooperate and coordinate with the 

8 United States Geological Survey, the United 

9 States Fish and Wildlife Service, the Minerals 

10 Management Service, the Environmental Pro11 tection Agency, the Coast Guard, and the Navy, 

12 and all Administration offices, including the 

13 National Marine Sanctuaries program and Re14 gional Fishery Management Councils, in order 

15 to obtain from such agencies and offices and 

16 use all unclassified information necessary for 

17 the development and operation of the systems; 

18 and 

19 (B) may seek to enter into cooperative 

20 agreements with States, local governments, uni21 versities, or private academic institutions in 

22 order to obtain access to information necessary 

23 or useful for the development and operation of 

24 the systems. 
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•HR 2939 IH 

1 (2) AVOIDANCE OF DUPLICATION.—To avoid 

2 duplication, in establishing regional ocean ecosystem 

3 resource information systems the Administrator 

4 shall coordinate with other ocean data acquisition 

5 and distribution systems, including the National 

6 Geospatial Data Clearinghouse and the Sanctuary 

7 Integrated Monitoring Network program of the Ad8 ministration. 

9 (3) INTEGRATION OF WATERSHED, BAY, AND

10 ESTUARINE INFORMATION SYSTEMS.—The Adminis11 trator, in recognition of the effects of land-based and 

12 watershed uses on ocean ecosystems, shall facilitate 

13 to the extent practical the integration of watershed, 

14 bay, and estuarine information systems with the ap15 propriate regional ocean ecosystem resource informa16 tion system. 

17 (4) INTERNATIONAL AGREEMENTS.—The Ad18 ministrator may, in consultation with the Secretary 

19 of State, enter into agreements with the Govern20 ments of Canada, Mexico, and the Russian Federa21 tion with respect to establishment of regional a 

22 ocean ecosystem resource information system for 

23 United States coastal waters that abut the territorial 

24 waters of any or those countries, for purposes of in25 clusion in such a system of any information or data 
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1 that may be necessary or useful in the development 

2 and operation of such system. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—For de4 velopment and implementation of the ocean ecosystem re5 source information systems under this section, there is au6 thorized to be appropriated to the Administrator 

7 $12,000,000 for each of the fiscal years 2007 through 

8 2011. 

9 SEC. 408. AUTHORIZATION OF APPROPRIATIONS. 

10 There is authorized to be appropriated to the Admin11 istrator for carrying out this title, including development, 

12 implementation, and monitoring of approved Regional 

13 Ocean Strategic Plans, $25,000,000 for each of fiscal 

14 years 2007 through 2011. 

15 TITLE V—OCEAN SCIENCE, EX16 PLORATION, AND RESEARCH 

17 COORDINATION 

18 SEC. 501. COMMITTEE ON OCEAN SCIENCE, EDUCATION, 

19 AND OPERATIONS. 

20 (a) COMMITTEE.—The Chair of the Committee on 

21 Ocean Policy created under subtitle B of title III shall es22 tablish a Committee on Ocean Science, Education, and 

23 Operations. 
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1 (b) MEMBERSHIP.—The Committee on Ocean 

2 Science, Education, and Operations shall be composed of 

3 the following members: 

4 (1) The Administrator. 

5 (2) The Secretary of the Navy. 

6 (3) The Director of the United States Fish and 

7 Wildlife Service. 

8 (4) The Director of the National Science Foun9 dation. 

10 (5) The Administrator of the National Aero11 nautics and Space Administration. 

12 (6) The Under Secretary of Energy for Energy, 

13 Science, and Environment. 

14 (7) The Administrator of the Environmental 

15 Protection Agency. 

16 (8) The Executive Director of the Marine Mam17 mal Commission. 

18 (9) The Under Secretary of Homeland Security 

19 for Science and Technology. 

20 (10) The Commandant of the Coast Guard. 

21 (11) The Director of the United States Geologi22 cal Survey. 

23 (12) The Director of the Minerals Management 

24 Service. 
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1 (13) The Under Secretary of Agriculture for 

2 Research, Education, and Economics. 

3 (14) The Assistant Secretary of State for 

4 Oceans and International Environmental and Sci5 entific Affairs. 

6 (15) The Director of the Defense Advanced Re7 search Projects Agency. 

8 (16) The Director of the Office of Science and 

9 Technology Policy. 

10 (17) The Director of the Office of Management 

11 and Budget. 

12 (18) The Under Secretary of Education. 

13 (19) The leadership of such other Federal agen14 cies and departments as the chair and vice chairs of 

15 the Committee consider appropriate. 

16 (c) CHAIR AND VICE CHAIRS.—The chair and vice 

17 chairs of the Committee shall be appointed every two years 

18 by a selection subcommittee of the Committee composed 

19 of, at a minimum, the Administrator, the Secretary of the 

20 Navy, the Director of the United States Fish and Wildlife 

21 Service, and the Director of the National Science Founda22 tion. The term of office of the chair and vice chairs shall 

23 be two years. A person who has previously served as chair 

24 or vice chair may be reappointed. 
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1 (d) RESPONSIBILITIES.—The Committee on Ocean 

2 Science, Education, and Operations shall— 

3 (1) serve as the primary source of advice and 

4 support on scientific research, technology, education, 

5 and operational matters for the Committee on Ocean 

6 Policy and assist in carrying out the functions of the 

7 Committee on Ocean Policy as they relate to such 

8 matters, including budgetary analyses; 

9 (2) improve cooperation among Federal depart10 ments and agencies with respect to ocean and coast11 al science budgets; 

12 (3) develop and recommend to the Committee 

13 on Ocean Policy the National Strategy for Ocean 

14 and Coastal Science under section 502, and oversee 

15 its implementation; 

16 (4) prescribe policies and procedures and pro17 vide support for the National Ocean Partnership 

18 Program under section 503; 

19 (5) establish interagency subcommittees and 

20 working groups as appropriate to develop com21 prehensive and balanced Federal programs and ap22 proaches to ocean and coastal science issues and 

23 needs; 

24 (6) consult with Regional Ocean Partnerships 

25 and academic, State, industry, foundation, and other 
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1 partners in the conduct of coastal and marine oper2 ations, research, and education and with actual and 

3 potential users of ocean science information in estab4 lishing priorities and developing plans for research 

5 and technology and education; 

6 (7) cooperate with the Secretary of State in— 

7 (A) coordinating United States Govern8 ment activities with those of other nations and 

9 with international research and technology and 

10 education relating to or affecting issues ad11 dressed by the Committee on Ocean Policy; and 

12 (B) providing, as appropriate, support for 

13 and representation on United States delegations 

14 to relevant international meetings; and 

15 (8) carry out such other activities as the Com16 mittee on Ocean Policy may require. 

17 SEC. 502. NATIONAL STRATEGY FOR OCEAN AND COASTAL 

18 SCIENCE. 

19 (a) GOALS AND PRIORITIES.—The Chair of the Com20 mittee on Ocean Policy, after consultation with Regional 

21 Ocean Partnerships established under title IV and through 

22 the Committee on Ocean Science, Education, and Oper23 ations, shall develop a National Strategy for Ocean and 

24 Coastal Science. The Chair shall submit the strategy to 

25 the Congress within two years after the date of enactment 
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1 of this Act, and a revised strategy shall be submitted at 

2 least once every five years thereafter. The strategy shall 

3 establish, for the 10-year period beginning in the year the 

4 strategy is submitted, the scientific goals and priorities for 

5 ocean and coastal research, technology, education, out6 reach, and operations that most effectively advance knowl7 edge and provide usable information as the basis for policy 

8 decisions to— 

9 (1) understand, assess, and respond to human10 induced and natural processes of global climate and 

11 environmental change; 

12 (2) improve public forecasts and warnings and 

13 mitigate natural hazards; 

14 (3) enhance safety and efficiency of marine op15 erations to benefit the public, the economy, and the 

16 environment; 

17 (4) support efforts to protect, maintain, and re18 store the health of marine ecosystems and to imple19 ment ecosystem-based management of United States 

20 ocean waters and ocean resources, including how 

21 marine ecosystems function on varying spatial and 

22 temporal scales and how biological, physical, geologi23 cal, chemical, and socioeconomic processes interact; 

24 (5) implement and monitor the effectiveness of 

25 ocean and coastal environmental policies; 
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1 (6) contribute to public understanding of coast2 al and global ocean systems and public awareness of 

3 the importance and health of marine ecosystems; 

4 (7) respond to environmental changes that af5 fect human health; and 

6 (8) strengthen homeland security and military 

7 preparedness. 

8 (b) STRATEGY.—The strategy shall— 

9 (1) describe specific activities required to 

10 achieve established goals and priorities including re11 search and education programs, observation collec12 tion and analysis requirements, technology develop13 ment, facility and equipment investments, informa14 tion management, student support and training, 

15 data stewardship and access, and participation in 

16 international research, education, and other capac17 ity-building efforts; 

18 (2) identify and address relevant programs and 

19 activities of the Federal agencies and departments 

20 represented on the Committee on Ocean Science, 

21 Education, and Operations that will contribute to 

22 scientific goals and priorities and set forth the role 

23 of the National Ocean Partnership Program and 

24 each Federal agency and department in imple25 menting the strategy; 
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1 (3) consider and use, as appropriate, reports 

2 and studies conducted by Federal agencies and de3 partments, Regional Ocean Partnerships, the Na4 tional Research Council, or other entities; 

5 (4) make recommendations for the coordination 

6 of ocean and coastal science activities of the United 

7 States with those of other nations and international 

8 organizations, including bilateral and multilateral 

9 proposals for cooperation on major projects, for im10 proving worldwide access to scientific data and infor11 mation, and for encouraging participation in inter12 national ocean science research and education pro13 grams by developing nations; and 

14 (5) estimate, to the extent practicable, Federal 

15 funding for ocean and coastal science activities to be 

16 conducted pursuant to the strategy. 

17 (c) STRATEGIC ELEMENTS.—The strategy shall pro18 vide for, but not be limited to, the following elements: 

19 (1) Global measurements on all relevant spatial 

20 and time scales, establishing worldwide observations 

21 necessary to study and assess coastal and global 

22 ocean systems, including health of marine eco23 systems, and support information needs for goals 

24 and priorities identified in section 502(a). 
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1 (2) National ocean partnerships, building part2 nerships among Federal agencies, academia, indus3 tries, and other members of the ocean and coastal 

4 science community in the areas of research, edu5 cation, data systems, and communication. 

6 (3) Marine science facility support, ensuring the 

7 procurement, maintenance, and operation of the na8 tional oceanographic research fleet and related infra9 structure to provide for sustained ocean and coastal 

10 observations from in situ, remote, aircraft, and ves11 sel platforms. 

12 (4) Focused research initiatives, using a com13 petitive process to select and fund grants to advance 

14 understanding of, the nature of, and interaction 

15 among physical, chemical, geological, and biological 

16 processes of the oceans, including the effects of 

17 human activities on such processes and assessment 

18 and development of methods for restoration of these 

19 processes, including approaches to reduce the impact 

20 of human activities on these processes. 

21 (5) Technology development, supporting devel22 opment of new technologies and sensors to achieve 

23 strategic and program goals, and development of al24 gorithms, analysis methods, and long-term data 

25 records for emerging operational sensors. 
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1 (6) Workforce development, building and main2 taining a diverse national ocean science professional 

3 workforce through traineeships, scholarships, fellow4 ships, and internships. 

5 (7) Ocean science education, providing national 

6 coordination of formal and informal ocean science 

7 education programs at all education levels and estab8 lishing mechanisms to improve ocean literacy, con9 tribute to public awareness of the importance of 

10 healthy marine ecosystems, and create an oceans 

11 stewardship ethic among citizens. 

12 (8) Information management, establishing and 

13 maintaining information systems that promote effi14 cient stewardship, transfer, and use of data, create 

15 globally accessible data standards and formats, and 

16 allow analysis of data from varied sources to 

17 produce information readily usable by policymakers 

18 and stakeholders. 

19 (d) PUBLIC PARTICIPATION.—In developing the 

20 strategy, the Committee on Ocean Science, Education, and 

21 Operations shall consult with Regional Ocean Partner22 ships and academic, State, industry, and environmental 

23 groups and representatives. Not later than 90 days before 

24 the Chair of the Committee on Ocean Policy submits the 

25 strategy, or any revision thereof, to the Congress, a sum-
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1 mary of the proposed strategy shall be published in the 

2 Federal Register for a public comment period of not less 

3 than 60 days. 

4 SEC. 503. NATIONAL OCEAN PARTNERSHIP PROGRAM. 

5 (a) PURPOSES.—Building on the program established 

6 under section 7901 of title 10, United States Code, the 

7 Committee on Ocean Science, Education, and Operations 

8 shall strengthen and maintain the National Ocean Part9 nership Program for the purposes of— 

10 (1) coordinating and strengthening ocean and 

11 coastal science efforts to promote interagency goals 

12 and priorities established in the National Strategy 

13 for Ocean and Coastal Science; 

14 (2) identifying and providing support for part15 nerships among Federal agencies, academia, indus16 tries, and other members of the ocean and coastal 

17 science community in the areas of research and tech18 nology, education, data systems, observations, and 

19 communication; 

20 (3) monitoring trends in the Federal investment 

21 in ocean sciences research and development and in 

22 education for marine-oriented professions, focusing 

23 in particular on Federal workforce needs; and 

24 (4) reporting to the Congress on the progress of 

25 partnership activities under the program. 
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1 (b) SELECTION CRITERIA.—Partnership projects for 

2 implementation under the program shall be reviewed, se3 lected, identified, and allocated funding based on the fol4 lowing criteria: 

5 (1) The project addresses critical scientific re6 search or education objectives or operational goals 

7 which add value through interagency cooperation. 

8 (2) The project has broad participation within 

9 the marine community. 

10 (3) The partners have a long-term commitment 

11 to the objectives of the project. 

12 (4) Resources supporting the project are shared 

13 among the partners. 

14 (5) The project includes a plan for education 

15 and outreach. 

16 (6) The project has been subjected to peer re17 view. 

18 (c) ANNUAL REPORT.—Not later than March 1 of 

19 each year, the Committee on Ocean Science, Education, 

20 and Operations shall submit to the Congress a report on 

21 the National Ocean Partnership Program. The report 

22 shall contain the following: 

23 (1) A description of activities of the program 

24 carried out during the fiscal year before the fiscal 

25 year in which the report is prepared, together with 
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1 a list of the members of the Ocean Research and 

2 Education Advisory Panel and any working groups 

3 in existence during the fiscal year covered. 

4 (2) A general outline of the activities planned 

5 for the program during the fiscal year in which the 

6 report is prepared. 

7 (3) A summary of projects continued from the 

8 fiscal year before the fiscal year in which the report 

9 is prepared and projects expected to be started dur10 ing the fiscal year in which the report is prepared 

11 and during the following fiscal year. 

12 (4) An analysis of trends in ocean-related 

13 human resource development, focusing in particular 

14 on Federal workforce needs, and in the Federal in15 vestment in ocean sciences research and develop16 ment. 

17 (5) A description of the involvement of the pro18 gram with Federal interagency coordinating entities. 

19 (6) The amounts requested, in the budget sub20 mitted to the Congress pursuant to section 1105(a) 

21 of title 31, United States Code, for the fiscal year 

22 following the fiscal year in which the report is pre23 pared, for the programs, projects, and activities of 

24 the program and the estimated expenditures under 
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1 such programs, projects, and activities during such 

2 following fiscal year. 

3 (d) PARTNERSHIP PROGRAM OFFICE.—The Com4 mittee on Ocean Science, Education, and Operations shall 

5 establish a partnership program office for the National 

6 Ocean Partnership Program. The Committee on Ocean 

7 Science, Education, and Operations shall use competitive 

8 procedures in selecting an operator for the partnership 

9 program office and supervise performance of duties by 

10 such office. Responsibilities of the partnership program of11 fice shall include— 

12 (1) establishment and oversight of working 

13 groups to identify potential themes suitable for part14 nership projects to the Committee on Ocean Science, 

15 Education, and Operations and recommendations to 

16 the Committee on Ocean Science, Education, and 

17 Operations on such projects; 

18 (2) management of the process for proposing 

19 partnership projects to the Committee on Ocean 

20 Science, Education, and Operations, including the 

21 peer review process for such projects; 

22 (3) preparation and submission to the Com23 mittee on Ocean Science, Education, and Operations 

24 of the annual status of all partnership projects and 

25 activities of the office; 
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1 (4) development and maintenance of a database 

2 on investments by Federal agencies in ocean and 

3 coastal research and education and on the status of 

4 the national ocean and coastal workforce; and 

5 (5) any additional duties for the administration 

6 of the National Ocean Partnership Program or to 

7 support Committee on Ocean Science, Education, 

8 and Operations activities that the Committee on 

9 Ocean Science, Education, and Operations considers 

10 appropriate. 

11 (e) CONTRACT AND GRANT AUTHORITY.—The Com12 mittee on Ocean Science, Education, and Operations may 

13 authorize 1 or more of the departments or agencies rep14 resented on the Committee on Ocean Science, Education, 

15 and Operations to enter into contracts and make grants, 

16 using funds appropriated pursuant to an authorization for 

17 the National Ocean Partnership Program, for the purpose 

18 of implementing the program and carrying out the respon19 sibilities of the Committee on Ocean Policy. 

20 (f) INTERAGENCY FINANCING.—The departments 

21 and agencies represented on the Committee on Ocean 

22 Science, Education, and Operations are authorized to par23 ticipate in interagency financing and share, transfer, re24 ceive, and spend funds appropriated to any member of the 

25 Committee on Ocean Science, Education, and Operations 
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1 for the purposes of carrying out any administrative or pro2 grammatic project or activity under the National Ocean 

3 Partnership Program, including support for a common in4 frastructure and system integration for an ocean observing 

5 system. Funds may be transferred among such depart6 ments and agencies through an appropriate instrument 

7 that specifies the goods, services, or space being acquired 

8 from another Committee on Ocean Science, Education, 

9 and Operations member and the costs of the same. 

10 (g) FORMS OF PARTNERSHIP PROJECTS AND ACTIVI11 TIES.—(1) A partnership project or activity under the Na12 tional Ocean Partnership Program may be established by 

13 any instrument that the Committee on Ocean Science, 

14 Education, and Operations considers appropriate, includ15 ing grants, memoranda of understanding, cooperative re16 search and development agreements, and similar instru17 ments. 

18 (2) The Committee on Ocean Science, Education, and 

19 Operations shall establish uniform proposal request and 

20 application procedures and reporting requirements for use 

21 by each department and agency represented on the Com22 mittee on Ocean Science, Education, and Operations that 

23 are applicable to all projects and activities under the Na24 tional Ocean Partnership Program. 
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1 (3) Projects under the program may include dem2 onstration projects. 

3 SEC. 504. OCEAN RESEARCH AND EDUCATION ADVISORY 

4 PANEL. 

5 (a) MEMBERSHIP.—The Committee on Ocean 

6 Science, Education, and Operations shall maintain an 

7 Ocean Research and Education Advisory Panel consisting 

8 of not less than 10 and not more than 18 members ap9 pointed by the chair, including the following: 

10 (1) One member representing the National 

11 Academy of Sciences. 

12 (2) One member representing the National 

13 Academy of Engineering. 

14 (3) One member representing the Institute of 

15 Medicine. 

16 (4) One director of a State Sea Grant program. 

17 (5) Members selected from among individuals 

18 representing ocean industries, State governments, 

19 academia, nongovernmental organizations, and such 

20 other participants in ocean and coastal activities as 

21 the chair considers appropriate. 

22 (6) Members selected from among individuals 

23 eminent in the fields of marine science, marine pol24 icy, ocean engineering, or related fields. 
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1 (7) Members selected from among individuals 

2 eminent in the field of education. 

3 (b) TERM LIMITS.—Members shall be appointed for 

4 3 years. 

5 (c) RESPONSIBILITIES.—The Advisory Panel shall 

6 advise the Committee on the following: 

7 (1) Development and implementation of the Na8 tional Strategy for Ocean and Coastal Science. 

9 (2) Policies and procedures to implement the 

10 National Ocean Partnership Program and on selec11 tion of partnership projects and allocation of funds 

12 to implement partnership projects under the pro13 gram. 

14 (3) Matters relating to national oceanographic 

15 data requirements, ocean and coastal observing sys16 tems, ocean science education and training, and 

17 oceanographic facilities including renewal of the na18 tional academic research fleet. 

19 (4) Any additional matters that the Committee 

20 on Ocean Science, Education, and Operations con21 siders appropriate. 

22 (d) PROCEDURAL MATTERS.— 

23 (1) All meetings of the Advisory Panel shall be 

24 open to the public, except that a meeting or any por25 tion of it may be closed to the public if it concerns 
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1 matters or information that pertains to national se2 curity, employment matters, litigation, or other rea3 sons provided under section 552b of title 5, United 

4 States Code. Interested persons shall be permitted to 

5 appear at open meetings and present oral or written 

6 statements on the subject matter of the meeting. 

7 The Advisory Panel may administer oaths or affir8 mations to any person appearing before it. 

9 (2) All open meetings of the Advisory Panel 

10 shall be preceded by timely public notice in the Fed11 eral Register of the time, place, and subject of the 

12 meeting. 

13 (3) Minutes of each meeting shall be kept and 

14 shall include a record of the people present, a de15 scription of the discussion that occurred, and copies 

16 of all statements filed. Subject to section 552 of title 

17 5, United States Code, the minutes and records of 

18 all meetings and other documents that were made 

19 available to or prepared for the Advisory Panel shall 

20 be available for public inspection and copying at a 

21 single location in the partnership program office. 

22 (4) The Federal Advisory Committee Act (5 

23 U.S.C. App.) does not apply to the Advisory Panel. 

24 (e) FUNDING.—The chair and vice chairs of the Com25 mittee on Ocean Science, Education, and Operations an-
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1 nually shall make funds available to support the activities 

2 of the Advisory Panel. 

3 SEC. 505. MARINE ECOSYSTEMS RESEARCH. 

4 (a) ECOSYSTEM-BASED APPROACHES.—The Admin5 istrator shall work with the Committee on Ocean Science, 

6 Education, and Operations to identify research efforts for 

7 improving ecosystem-based management efforts to protect, 

8 maintain, and restore marine ecosystem health while ac9 commodating human use and occupancy. 

10 (b) MARINE BIODIVERSITY RESEARCH PROGRAM.— 

11 As part of this effort, the Administrator, in cooperation 

12 with the Office of Naval Research, the National Science 

13 Foundation, United States Fish and Wildlife Service, the 

14 Environmental Protection Agency, and other Federal 

15 agencies represented on the Committee on Ocean Science, 

16 Education, and Operations, shall establish and maintain 

17 a ten-year interagency research program to assess and ex18 plain the diversity, conservation, distribution, functions, 

19 and abundance of marine organisms in the world’s oceans 

20 for the purposes of— 

21 (1) understanding the patterns, causes, proc22 esses, and consequences of changing marine biologi23 cal diversity; 

24 (2) improving the linkages between marine eco25 logical and oceanographic sciences and guiding eco-
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1 system-based management efforts, so as to protect, 

2 maintain, and restore marine ecosystem health; 

3 (3) strengthening and expanding the field of 

4 marine taxonomy, including use of genomics and 

5 proteomics; 

6 (4) facilitating and encouraging the use of new 

7 technological advances, predictive models, and his8 torical perspectives to investigate marine biodiver9 sity; 

10 (5) using new understanding gained through 

11 the program to improve predictions of the impacts of 

12 human activities on the health of the marine envi13 ronment, and of the impacts of changes in the 

14 health of the marine environment on human well15 being; and 

16 (6) enhancing formal and informal outreach 

17 and education efforts through research-generated 

18 knowledge, information, and tools. 

19 (c) PROGRAM ELEMENTS.—The research program 

20 established under this section shall provide for, but not 

21 be limited to, the following: 

22 (1) Dynamic access to biological data through 

23 an ocean biogeographic information system that 

24 links marine databases, manages data generated by 
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1 the program, and supports analysis of biodiversity 

2 and related physical and ecological parameters. 

3 (2) Integrated regional studies of marine eco4 systems that focus on appropriate scales to support 

5 ecosystem-based management. 

6 (3) Improved biological sensors for ocean ob7 serving systems. 

8 (4) Investment in exploration and taxonomy to 

9 study little known areas and describe new species. 

10 (5) Studies of earlier changes in marine popu11 lations to trace information on biological abundance, 

12 distribution, function, and diversity to the earliest 

13 historical periods of minimum human impact. 

14 (6) Improved predictive capability to enhance 

15 the effectiveness of ecosystem-based management 

16 and minimize adverse impacts of human activities on 

17 United States ocean waters and ocean resources. 

18 (d) SCIENTIFIC ASSESSMENT.—The Administrator, 

19 through the Committee on Ocean Science, Education, and 

20 Operations, shall prepare and submit to the President and 

21 the Congress a biennial assessment that— 

22 (1) integrates, evaluates, and interprets the 

23 findings of the program and discusses the scientific 

24 uncertainties associated with such findings; and 
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1 (2) analyzes current trends in marine and 

2 coastal ecosystems, both human-induced and nat3 ural, including marine ecosystem health, and 

4 projects major trends for the subsequent decade. 

5 SEC. 506. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) PARTNERSHIP PROJECTS AND ADMINISTRA7 TION.—There are authorized to be appropriated annually 

8 to the Department of the Navy, the National Science 

9 Foundation, the National Oceanic and Atmospheric Ad10 ministration, and the National Aeronautics and Space Ad11 ministration for fiscal year 2005 through fiscal year 

12 2010— 

13 (1) $25,000,000 for each agency for the Na14 tional Ocean Partnership Program projects under 

15 section 503; and 

16 (2) at least $600,000, or 3 percent of the 

17 amount appropriated for the National Oceano18 graphic Partnership Program, whichever is greater, 

19 for operations of the partnership program office es20 tablished under section 503. 

21 (b) MARINE ECOSYSTEMS RESEARCH.—For develop22 ment and implementation of the research program under 

23 section 505, there is authorized to be appropriated 

24 $50,000,000 for each of fiscal years 2007 through 2012. 
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1 (c) AVAILABILITY.—Sums appropriated under this 

2 section shall remain available until expended. 

3 TITLE VI—OCEAN EDUCATION 

4 SEC. 601. SUBCOMMITTEE ON OCEAN EDUCATION. 

5 (a) MEMBERSHIP.—The Committee on Ocean 

6 Science, Education, and Operations shall establish a Sub7 committee on Ocean Education (in this title referred to 

8 as the ‘‘Subcommittee’’). Each member of the Committee 

9 on Ocean Science, Education, and Operations may des10 ignate a senior representative with expertise in education 

11 to serve on the Subcommittee. The Committee on Ocean 

12 Science, Education, and Operations shall select a Chair 

13 and 1 or more Vice Chairs for the Subcommittee from the 

14 membership of the Subcommittee. 

15 (b) RESPONSIBILITIES.—The Subcommittee shall— 

16 (1) support and advise the Committee on Ocean 

17 Science, Education, and Operations and the Com18 mittee on Ocean Policy on matters related to na19 tional-level ocean and coastal education for the pur20 pose of increasing the overall effectiveness and pro21 ductivity of Federal education and outreach efforts; 

22 (2) provide recommendations on education goals 

23 and priorities for and implementation of the Na24 tional Strategy for Ocean and Coastal Science devel-
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1 oped under section 502 and guidance for educational 

2 investments; 

3 (3) coordinate Federal ocean and coastal edu4 cation activities for students, including funding for 

5 educational opportunities at the undergraduate, 

6 graduate, and postdoctoral levels; 

7 (4) identify and work to establish linkages 

8 among Federal programs and those of States, aca9 demic institutions, State Sea Grant programs, muse10 ums and aquaria, industry, foundations, and other 

11 nongovernmental organizations; 

12 (5) facilitate Federal agency efforts to work 

13 with minority-serving institutions and historically 

14 Black colleges and universities, and also with tradi15 tionally majority-serving institutions, to ensure that 

16 students of underrepresented groups have access to 

17 and support for pursuing ocean-related careers; 

18 (6) lead development of effective strategies with 

19 common perspectives and messages for national-level 

20 formal and informal ocean and coastal education ef21 forts; and 

22 (7) carry out such other activities as the Com23 mittee on Ocean, Science, Education, and Oper24 ations and the Committee on Ocean Policy request. 
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1 SEC. 602. OCEAN AND COASTAL EDUCATION PROGRAM. 

2 (a) ESTABLISHMENT.—Consistent with the National 

3 Strategy for Ocean and Coastal Science, the Committee 

4 on Ocean Science, Education, and Operations, through the 

5 Subcommittee, shall establish an interagency ocean and 

6 coastal education program to improve public awareness, 

7 understanding, and appreciation of the role of the oceans 

8 in meeting our Nation’s economic, social, and environ9 mental needs. 

10 (b) SCOPE.—The ocean and coastal education pro11 gram shall include national-level formal education activi12 ties for elementary, secondary, undergraduate, graduate, 

13 and postdoctoral students, continuing education activities 

14 for adults, and informal education activities for learners 

15 of all ages. 

16 (c) ELEMENTS.—The program shall use the National 

17 Ocean Partnership Program and other appropriate mecha18 nisms and shall, at a minimum, provide sustained funding 

19 for the following: 

20 (1) A national network of centers for ocean 

21 science education excellence to improve the acquisi22 tion of knowledge by students at all levels. 

23 (2) A regional education network, in coordina24 tion with the Regional Ocean Partnerships, to sup25 port academic competition and experiential learning 

26 opportunities for high school students. 
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1 (3) The National Sea Grant College Program’s 

2 education and outreach efforts. 

3 (4) Teacher enrichment programs that provide 

4 for participation in research expeditions, voyages of 

5 exploration, and the conduct of scientific research. 

6 (5) Development of model instructional pro7 grams for students at all levels. 

8 (6) Student training and support to provide di9 verse ocean-related education opportunities at the 

10 undergraduate, graduate, and postdoctoral levels. 

11 (7) Professional training, certification, and con12 tinuing education programs for commercial fisher13 men and other mariners. 

14 (8) Mentoring programs and partnerships with 

15 minority-serving institutions to ensure diversity in 

16 the ocean and coastal workforce. 

17 (9) Dissemination of ocean and coastal informa18 tion that is relevant for a wider public audience. 

19 SEC. 603. NATIONAL MARINE SCHOLARSHIP PROGRAM. 

20 (a) DEFINITIONS.—In this section: 

21 (1) INSTITUTION OF HIGHER EDUCATION.—The 

22 term ‘‘institution of higher education’’ has the 

23 meaning that term has under section 101(a) of the 

24 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
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1 (2) PROGRAM.—The term ‘‘Program’’ means 

2 the National Marine Scholarship Program estab3 lished by the Administrator under this section. 

4 (b) ESTABLISHMENT OF PROGRAM.— 

5 (1) REQUIREMENT.—The Administrator shall 

6 establish a National Marine Scholarship Program 

7 that is designed to recruit and prepare students for 

8 careers in the fields of marine science and such 

9 other related fields as the Administrator may des10 ignate. Under the program, the Secretary shall 

11 award scholarships for those academic programs and 

12 fields of study described in the list made available 

13 under subsection (d). 

14 (2) EMPLOYMENT OBLIGATION.—As a condition 

15 of the award of each scholarship under the Program, 

16 the Administrator shall require the recipient to enter 

17 into a contractual agreement under which the indi18 vidual is obligated to serve as a full-time employee 

19 of the Administration in a position needed by the 

20 Administration and for which the individual is quali21 fied, for a period of time to be determined by the 

22 Administrator and stated in the contractual agree23 ment. If a full-time equivalent position is not avail24 able within the Administration at the time the schol25 arship recipient is obligated to begin their employ-
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1 ment, the scholarship recipient may fulfill such em2 ployment obligation in a full-time position in another 

3 Federal agency with administrative jurisdiction over 

4 programs relating to the marine environment that is 

5 approved by the Administrator. 

6 (c) ELIGIBILITY CRITERIA.—In order to be eligible 

7 for a scholarship under the Program, an individual 

8 must— 

9 (1) be enrolled or accepted for enrollment as a 

10 full-time graduate student at an institution of higher 

11 education in an academic program and field of study 

12 described in the list made available under subsection 

13 (d); 

14 (2) be a United States citizen or national or a 

15 permanent resident of the United States; and 

16 (3) at the time of the initial scholarship award, 

17 not be an employee of the Administration. 

18 (d) ELIGIBLE ACADEMIC PROGRAMS AND FIELDS OF

19 STUDY.—The Administrator shall make publicly available 

20 a list of academic programs and fields of study for which 

21 scholarships under this section may be used, and shall up22 date the list as necessary. 

23 (e) COMPETITIVE AWARD PROCESS.— 
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1 (1) IN GENERAL.—Under the Program, the Ad2 ministrator shall award scholarships to individuals 

3 who are selected through a competitive process— 

4 (A) under which awards are made pri5 marily on the basis of academic merit; 

6 (B) in which consideration is given to pro7 moting the participation in the Program by in8 dividuals referred to in section 33 or 34 of the 

9 Science and Engineering Equal Opportunities 

10 Act (42 U.S.C. 1885a, 1885b); and 

11 (C) in which consideration may be given to 

12 financial need. 

13 (2) APPLICATION.—An individual seeking a 

14 scholarship under this section shall submit an appli15 cation to the Administrator at such time, in such 

16 manner, and containing such information, agree17 ments, or assurances as the Administrator may re18 quire. 

19 (f) SCHOLARSHIP LIMITS.— 

20 (1) NUMBER OF ACADEMIC YEARS.—An indi21 vidual may not receive a scholarship under this sec22 tion for a masters degree program for more than 2 

23 academic years, or for a doctorate program for more 

24 than 4 academic years, except as specifically author25 ized by a waiver issued by the Administrator. 
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1 (2) DOLLAR AMOUNT.—The dollar amount of a 

2 scholarship under this section shall not exceed the 

3 cost of attendance, as such cost is determined in ac4 cordance with section 472 of the Higher Education 

5 Act of 1965 (20 U.S.C. 1087). 

6 (3) USE.—Amounts received as a scholarship 

7 under this section may be expended only for tuition, 

8 fees, and other expenses authorized by regulations 

9 issued by the Administrator. 

10 (4) PAYMENT OF SCHOLARSHIP AMOUNTS.— 

11 The Administrator may enter into a contractual 

12 agreement with an institution of higher education 

13 with respect to which a scholarship is provided 

14 under this section, under which the amounts pro15 vided as the scholarship for tuition, fees, and other 

16 authorized expenses are paid directly to the institu17 tion. 

18 (g) PERIOD OF SERVICE UNDER EMPLOYMENT OB19 LIGATION.— 

20 (1) GENERAL REQUIREMENT.—Except as pro21 vided in subsection (i)(2), the period of service for 

22 which an individual shall be obligated to serve as an 

23 employee of the Administration pursuant to this sec24 tion shall be determined by the Administrator in ac25 cordance with subsection (b)(2). 
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1 (2) BEGINNING OF SERVICE.— 

2 (A) GENERAL RULE.—Except as provided 

3 in subparagraph (B), obligated service under 

4 subsection (b)(2) shall begin not later than 60 

5 days after the date on which individual obtains 

6 the educational degree for which the scholarship 

7 was provided. 

8 (B) DEFERRAL.—The Administrator may 

9 defer the beginning of obligated service under 

10 subsection (b)(2) if the Administrator deter11 mines that such a deferral is appropriate. The 

12 Administrator shall by regulation prescribe the 

13 terms and conditions under which a service obli14 gation may be deferred under this subpara15 graph. 

16 (h) REPAYMENT.— 

17 (1) FAILURE TO PERFORM ACADEMICALLY.— 

18 (A) BREACH OF OBLIGATION.—A recipient 

19 of a scholarship under this section shall be in 

20 breach of the recipient’s contractual agreement 

21 under this section if the recipient— 

22 (i) fails to maintain a high level of 

23 academic standing, as defined by the Ad24 ministrator by regulation; 
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1 (ii) is dismissed from the recipient’s 

2 educational institution for disciplinary rea3 sons; or 

4 (iii) voluntarily terminates academic 

5 training before graduation from the edu6 cational program for which the scholarship 

7 was awarded. 

8 (B) PENALTY.—A recipient of a scholar9 ship who under subparagraph (A) is in breach 

10 of the recipient’s contractual agreement— 

11 (i) shall be liable to the United States 

12 for repayment, within 2 years after the 

13 date of the breach, of all amounts paid 

14 under the scholarship to the recipient or to 

15 an institution of higher education on the 

16 recipient’s behalf; and 

17 (ii) shall not be required to fulfill any 

18 employment obligation under such agree19 ment. 

20 (2) FAILURE TO FULFILL EMPLOYMENT OBLI21 GATION.— 

22 (A) BREACH OF OBLIGATION.—A recipient 

23 of a scholarship under this section shall be in 

24 breach of the recipient’s contractual agreement 

25 under this section if the recipient— 
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1 (i) fails to begin or complete the re2 cipient’s employment obligation under this 

3 section; or 

4 (ii) fails to comply with the terms and 

5 conditions of deferment established by the 

6 Administrator pursuant to subsection 

7 (g)(2)(B). 

8 (B) PENALTY.—A recipient of a scholar9 ship who under subparagraph (A) is in breach 

10 of the recipient’s contractual agreement shall be 

11 liable for payment to the United States, within 

12 3 years, of an amount equal to— 

13 (i) the total amount of scholarships 

14 received by such individual under this sec15 tion; plus 

16 (ii) interest on the total amount of 

17 such scholarships at a rate that is equiva18 lent to the rate of interest that would 

19 apply under section 427A of the Higher 

20 Education Authorization Act of 1965 if the 

21 scholarships were loans to cover the cost of 

22 education (as that term is used in that sec23 tion). 

24 (i) CANCELLATION OR WAIVER.— 
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1 (1) IN GENERAL.—Any obligation of an indi2 vidual incurred under this section for service or pay3 ment shall be canceled upon the death of the indi4 vidual. 

5 (2) WAIVER OR SUSPENSION OF ANY OBLIGA6 TION BY ADMINISTRATOR.—The Administrator shall 

7 by regulation provide for the partial or total waiver 

8 or suspension of any obligation of employment or 

9 payment incurred by an individual under this section 

10 (including any contractual agreement under this sec11 tion), if— 

12 (A) compliance by the individual is impos13 sible or would involve extreme hardship to the 

14 individual; or 

15 (B) enforcement of such obligation with re16 spect to the individual would be contrary to the 

17 best interests of the Government. 

18 (j) REPORT TO CONGRESS.—Not later than 2 years 

19 after the date of the enactment of this Act, and every 2 

20 years thereafter, the Administrator shall transmit a report 

21 to the Congress that addresses each of the following: 

22 (1) The effectiveness of the National Marine 

23 Scholarship Program established under this section 

24 in increasing the number of marine science-related 

25 service professionals. 
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1 (2) The effectiveness of such program in pre2 paring scholarship recipients for temporary jobs 

3 within the Administration or other marine-related 

4 Federal agencies. 

5 (k) DEADLINE FOR REGULATIONS.—The Adminis6 trator shall issue such regulations as are necessary to 

7 carry out this section by not later than 90 days after the 

8 date of the enactment of this Act. 

9 (l) AUTHORIZATION OF APPROPRIATIONS.—Of the 

10 amounts authorized for each of fiscal years 2006 through 

11 2011 for programs administered by the National Oceanic 

12 and Atmospheric Administration, $5,000,000 shall be 

13 available for the National Marine Scholarship Program es14 tablished under this section. 

15 SEC. 604. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN16 ISTRATION OFFICE OF EDUCATION. 

17 (a) IN GENERAL.—The Administrator shall conduct, 

18 develop, support, promote, and coordinate national-level 

19 education activities described in section 602(b) that en20 hance public awareness and understanding of the science, 

21 service, and stewardship missions of the National Oceanic 

22 and Atmospheric Administration. In planning activities 

23 under this section, the Administrator shall consult with 

24 the Subcommittee and build upon the educational pro25 grams and activities of the National Sea Grant College 
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1 Program, the National Marine Sanctuary Program, the 

2 National Oceanic and Atmospheric Administration Office 

3 of Ocean Exploration, and the National Estuarine Re4 search Reserve System. Authorized activities shall include 

5 education of the general public, teachers, students, and 

6 ocean and coastal managers, commercial fishermen, mari7 ners, and other stakeholders at the national level. The 

8 ocean and coastal education program should consider ex9 isting mechanisms for ocean and coastal outreach and 

10 education at the national, regional, State, and local levels. 

11 In carrying out educational activities, the Administrator 

12 may enter into grants, contracts, cooperative agreements, 

13 resource sharing agreements, or interagency financing 

14 with Federal, State, and regional agencies, Indian tribes, 

15 commercial organizations, educational institutions, non16 profit organizations, or other persons. 

17 (b) ESTABLISHMENT.—As set forth in title II, the 

18 Administrator shall establish an Office of Education to 

19 provide interagency and intraagency coordination of the 

20 education activities of the National Oceanic and Atmos21 pheric Administration and to ensure full participation in 

22 the ocean and coastal education program established 

23 under section 602. The Office of Education shall promote 

24 and provide oversight of agency education activities as de25 scribed in section 203 and shall— 
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1 (1) integrate agency science into high-quality 

2 educational materials; 

3 (2) improve access to National Oceanic and At4 mospheric Administration educational resources; 

5 (3) consider existing mechanisms for ocean and 

6 coastal outreach and education at the national, re7 gional, State, and local levels; 

8 (4) support educator professional development 

9 programs to improve understanding and use of agen10 cy sciences; 

11 (5) promote participation in agency-related 

12 sciences and careers, particularly by members of 

13 underrepresented groups; 

14 (6) leverage partnerships to enhance formal and 

15 informal environmental science education; 

16 (7) build capability within the agency for edu17 cational excellence; 

18 (8) support professional development and a pro19 gram for certification of individuals engaged in com20 mercial fishing, including safe use of fishing gear, 

21 fishery and ocean law, fish identification and behav22 ior, care of fish catch, marine ecology, and safety at 

23 sea; 

24 (9) develop recreational fishing education pro25 grams; and 
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1 (10) create and implement effective approaches 

2 to disseminate agency products and ocean informa3 tion to the general public. 

4 (c) EDUCATIONAL PARTNERSHIP PROGRAM.—The 

5 Administrator shall establish an educational partnership 

6 with minority-serving institutions to provide support for 

7 cooperative science centers, an environmental entrepre8 neurship program, a graduate sciences program, an under9 graduate scholarship program, and other activities as re10 quired to meet program objectives. 

11 SEC. 605. AMENDMENT TO THE NATIONAL SEA GRANT COL12 LEGE PROGRAM ACT. 

13 Section 212(a) of the National Sea Grant College 

14 Program Act (33 U.S.C. 1131(a)) is amended by adding 

15 at the end the following new paragraph: 

16 ‘‘(3) MARINE AND AQUATIC SCIENCE EDU17 CATION.—In addition to the amounts authorized for 

18 each fiscal year under paragraphs (1) and (2), there 

19 are authorized to be appropriated for marine and 

20 aquatic science education for each of fiscal years 

21 2006 through 2011— 

22 ‘‘(A) $6,000,000 in increased funding for 

23 the educational activities of sea grant programs; 
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1 ‘‘(B) $4,000,000 for competitive grants for 

2 projects and research that target national and 

3 regional marine and aquatic science literacy; 

4 ‘‘(C) $4,000,000 for competitive grants to 

5 support educational partnerships under the 

6 ocean and coastal education program estab7 lished under section 602 of the Oceans Con8 servation, Education, and National Strategy for 

9 the 21st Century Act or other appropriate 

10 mechanism; and 

11 ‘‘(D) $11,000,000 for graduate fellowships 

12 and competitive distinguished professorships in 

13 Marine Studies.’’. 

14 SEC. 606. AUTHORIZATION OF APPROPRIATIONS. 

15 (a) NATIONAL OCEAN AND COASTAL EDUCATION

16 PROGRAM.—In addition to the amounts authorized annu17 ally to the Department of the Navy, the National Science 

18 Foundation, the National Oceanic and Atmospheric Ad19 ministration, and the National Aeronautics and Space Ad20 ministration for fiscal year 2006 through fiscal year 2011, 

21 $25,000,000 is authorized to be appropriated for each 

22 agency for the ocean and coastal education program under 

23 section 602. 

24 (b) SCHOLARSHIP PROGRAM.—Of the amounts au25 thorized annually to the Department of the Navy, the Na-
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1 tional Science Foundation, the National Oceanic and At2 mospheric Administration, and the National Aeronautics 

3 and Space Administration for fiscal year 2006 through fis4 cal year 2011, $15,000,000 shall be available for National 

5 Ocean Science and Technology Scholarships under section 

6 603. 

7 (c) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN8 ISTRATION.—(1) In addition to the amounts authorized 

9 under subsections (a) and (b) and under the National Sea 

10 Grant College Program Act, there is authorized to be ap11 propriated to the Administrator $25,000,000 for each of 

12 fiscal years 2006 through 2011 for education activities 

13 under section 604(b). 

14 (2) There is authorized to be appropriated to the Ad15 ministrator $15,000,000 for each of fiscal years 2006 

16 through 2011 for education activities under section 

17 604(c). 

18 (d) AVAILABILITY.—Sums appropriated under this 

19 section shall remain available until expended. 

20 TITLE VII—OCEAN 

21 EXPLORATION 

22 SEC. 701. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN23 ISTRATION OFFICE OF OCEAN EXPLORATION. 

24 (a) IN GENERAL.—The Administrator shall— 
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1 (1) conduct, develop, support, promote, and co2 ordinate ocean exploration activities under this sec3 tion; 

4 (2) support expeditions, exploration projects, 

5 and related field campaigns for the purpose of dis6 covery and documentation of ocean voyages; and 

7 (3) enhance public awareness and under8 standing of the science and stewardship missions of 

9 the National Oceanic and Atmospheric Administra10 tion. 

11 (b) PLANNING AND EXECUTION.—In planning activi12 ties under this title, the Administrator shall consult with 

13 the Subcommittee established under section 702. In car14 rying out exploration activities, the Administrator may 

15 enter into grants, contracts, cooperative agreements, re16 source sharing agreements, or interagency financing with 

17 Federal, State, and regional agencies, Indian tribes, com18 mercial organizations, educational institutions, nonprofit 

19 organizations, or other persons. 

20 (c) ESTABLISHMENT.—The Administrator shall es21 tablish an Office of Ocean Exploration within the Ocean 

22 and Atmospheric Research and Data Services Office to 

23 provide interagency and intraagency coordination of the 

24 ocean exploration activities of the National Oceanic and 

25 Atmospheric Administration and to ensure full participa-
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1 tion in the Subcommittee established under section 702. 

2 The Office of Ocean Exploration shall— 

3 (1) lead and coordinate efforts in ocean dis4 covery; 

5 (2) explore and inventory the living and non6 living resources of the oceans under jurisdiction of 

7 the United States, and throughout the world’s 

8 oceans; 

9 (3) support and promote interdisciplinary ap10 proaches to ocean investigations; 

11 (4) engage in education and outreach to in12 crease public awareness and understanding of the 

13 oceans, in coordination with the Office of Education; 

14 (5) provide new resources and facilities for ac15 cess by researchers; 

16 (6) provide a multidisciplinary archive of ocean 

17 data to serve as a source of basic data upon which 

18 to develop hypotheses for further investigation and 

19 to capitalize on the wide array of available data; 

20 (7) create and implement effective approaches 

21 to disseminate agency products and ocean informa22 tion to the general public; 

23 (8) identify areas that are infrequently ex24 plored; 
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1 (9) develop ocean and coastal mapping strate2 gies that identify priority coastal and ocean mapping 

3 needs, and cost-effective strategies to map those pri4 ority areas; 

5 (10) map the physical, biological, chemical, and 

6 archaeological aspects of the ocean; 

7 (11) develop sensors and systems to promote 

8 United States leadership in ocean technology; and 

9 (12) conduct hypothesis-driven science to un10 derstand deep ocean ecosystem patterns, processes, 

11 and mechanisms. 

12 SEC. 702. SUBCOMMITTEE ON OCEAN EXPLORATION. 

13 (a) MEMBERSHIP.—The Committee on Ocean 

14 Science, Education, and Operations shall establish a Sub15 committee on Ocean Exploration. Each member of the 

16 Committee on Ocean Science, Education, and Operations 

17 may designate a senior representative with expertise in 

18 ocean exploration to serve on the Subcommittee. The Com19 mittee on Ocean Science, Education, and Operations shall 

20 select a Chair and 1 or more Vice Chairs for the Sub21 committee from the membership of the Subcommittee. 

22 (b) RESPONSIBILITIES.—The Subcommittee shall— 

23 (1) support and advise the Committee on Ocean 

24 Science, Education, and Operations, the Committee 

25 on Ocean Policy, and the National Oceanic and At-
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1 mospheric Administration Office of Ocean Explo2 ration on matters related to ocean exploration for 

3 the purpose of increasing the overall effectiveness 

4 and productivity of Federal ocean exploration ef5 forts; 

6 (2) provide recommendations on ocean explo7 ration goals and priorities for and implementation of 

8 the National Strategy for Ocean and Coastal Science 

9 developed under section 502 and guidance for ocean 

10 exploration investments; 

11 (3) coordinate with the Subcommittee on Ocean 

12 Education to provide for ocean exploration funding 

13 and educational opportunities for students at all lev14 els including undergraduate, graduate, and 

15 postdoctoral levels; 

16 (4) identify and work to establish linkages 

17 among Federal programs and those of States, aca18 demic institutions, State Sea Grant programs, muse19 ums and aquaria, industry, foundations, and other 

20 nongovernmental organizations; 

21 (5) coordinate with the National Oceanic and 

22 Atmospheric Administration Office of Ocean Explo23 ration and other Federal agency efforts to work with 

24 minority-serving institutions and historically Black 

25 colleges and universities, and also with traditionally 
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1 majority-serving institutions, to ensure that students 

2 of underrepresented groups have access to ocean ex3 ploration educational opportunities; 

4 (6) lead development of effective strategies with 

5 common perspectives and messages for formal and 

6 informal ocean exploration efforts; and 

7 (7) carry out such other activities as the Com8 mittee on Ocean Science, Education, and Operations 

9 and the Committee on Ocean Policy request. 

10 SEC. 703. AUTHORIZATION OF APPROPRIATIONS. 

11 There are authorized to be appropriated to the Na12 tional Oceanic and Atmospheric Administration to carry 

13 out this title— 

14 (1) $70,000,000 for each of fiscal years 2006 

15 through 2011; and 

16 (2) $80,000,000 for each of fiscal years 2012 

17 through 2017. 

18 TITLE VIII—OCEAN AND GREAT 

19 LAKES CONSERVATION 

20 TRUST FUND 

21 SEC. 801. ESTABLISHMENT OF FUND. 

22 (a) ESTABLISHMENT OF FUND.—There is estab23 lished in the Treasury of the United States a fund which 

24 shall be known as the ‘‘Ocean and Great Lakes Conserva25 tion Trust Fund’’, in this title referred to as the ‘‘Fund’’. 
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1 In each fiscal year after fiscal year 2006, the Secretary 

2 of the Treasury shall deposit into the Fund the following 

3 amounts: 

4 (1) GENERAL REVENUE.—An amount in each 

5 such fiscal year equal to the difference between 

6 $1,300,000,000 and the amounts deposited in the 

7 Fund under paragraphs (2), (3), and (4). 

8 (2) HEALTHY OCEAN STAMP.—Amounts gen9 erated from the sale of a Healthy Oceans Stamp 

10 under section 807. 

11 (3) AMOUNTS NOT DISBURSED.—All allocated 

12 but undisbursed amounts returned to the Fund 

13 under section 805(a)(2). 

14 (4) INTEREST.—All interest earned under sub15 section (d). 

16 (b) TRANSFER FOR EXPENDITURE.—The Secretary 

17 of the Treasury shall transfer amounts deposited into the 

18 Fund as follows: 

19 (1) To the Administrator of the National Oce20 anic and Atmospheric Administration for purposes 

21 of making payments to coastal States only for car22 rying out their responsibilities for developing and 

23 implementing Regional Ocean Strategic Plans under 

24 title IV— 

25 (A) $350,000,000 for fiscal year 2007; 
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1 (B) $700,000,000 for fiscal year 2008; and 

2 (C) $1,000,000,000 for fiscal year 2009 

3 and each fiscal year thereafter. 

4 (2) To the Administrator for allocation, with 

5 concurrence of the Committee on Ocean Policy, only 

6 for carrying out responsibilities of the Federal Gov7 ernment for development and implementation of Re8 gional Ocean Strategic Plans required under title 

9 IV— 

10 (A) $50,000,000 for fiscal year 2007; 

11 (B) $100,000,000 for fiscal year 2008; and 

12 (C) $300,000,000 for fiscal year 2009 and 

13 each fiscal year thereafter. 

14 (c) SHORTFALL.—If amounts referred to in para15 graphs (1) through (3) of subsection (a) in any fiscal year 

16 after fiscal year 2006 are less than $1,300,000,000, the 

17 amounts transferred under paragraphs (1) and (2) of sub18 section (b) for that fiscal year shall each be reduced pro19 portionately. 

20 (d) INTEREST.—The Secretary of the Treasury shall 

21 invest monies in the Fund (including interest), and in any 

22 fund or account to which monies are transferred pursuant 

23 to subsection (b) of this section, in public debt securities 

24 with maturities suitable to the needs of the Fund, as de25 termined by the Secretary of the Treasury, and bearing 
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1 interest at rates determined by the Secretary of the Treas2 ury, taking into consideration current market yields on 

3 outstanding marketable obligations of the United States 

4 of comparable maturity. Such invested moneys shall re5 main invested until needed to meet requirements for dis6 bursement for the programs financed under this Act. 

7 (e) INTENT OF CONGRESS TO SUPPLEMENT ANNUAL

8 APPROPRIATIONS FOR FEDERAL AGENCIES.—Amounts 

9 made available by this Act are intended by the Congress 

10 to supplement, and not detract from, annual appropria11 tions for Federal agencies receiving funding under this 

12 title. 

13 SEC. 802. LIMITATION ON USE OF AVAILABLE AMOUNTS 

14 FOR ADMINISTRATION. 

15 Notwithstanding any other provision of law, of 

16 amounts made available by this title (including the amend17 ments made by this title) for a particular activity, not 

18 more than 2 percent may be used for administrative ex19 penses of that activity. 

20 SEC. 803. RECORDKEEPING REQUIREMENTS. 

21 The Administrator, in consultation with the Com22 mittee on Ocean Policy, shall establish such rules regard23 ing recordkeeping by State and local governments and the 

24 auditing of expenditures made by State and local govern25 ments from funds made available under this Act as may 
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1 be necessary. Such rules shall be in addition to other re2 quirements established regarding recordkeeping and the 

3 auditing of such expenditures under other authority of 

4 law. 

5 SEC. 804. MAINTENANCE OF EFFORT AND MATCHING FUND6 ING. 

7 (a) IN GENERAL.—It is the intent of the Congress 

8 in this Act that States not use this Act as an opportunity 

9 to reduce State or local resources for the programs funded 

10 by this Act. Except as provided in subsection (b), no State 

11 or local government shall receive any funds under this Act 

12 during any fiscal year in which its expenditures of non13 Federal funds for recurrent expenditures for programs for 

14 which funding is provided under this Act will be less than 

15 its expenditures were for such programs during the pre16 ceding fiscal year. No State or local government shall re17 ceive funding under this Act with respect to a program 

18 unless the Administrator is satisfied that such a grant will 

19 be so used to supplement and, to the extent practicable, 

20 increase the level of State, local, or other non-Federal 

21 funds available for such program. 

22 (b) EXCEPTION.—The Administrator may provide 

23 funding under this Act to a State or local government not 

24 meeting the requirements of subsection (a) if the Adminis25 trator determines that a reduction in expenditures— 
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1 (1) is attributable to a nonselective reduction in 

2 expenditures for the programs of all executive 

3 branch agencies of the State or local government; or 

4 (2) is a result of reductions in State or local 

5 revenue as a result of a downturn in the economy. 

6 (c) USE OF FUND TO MEET MATCHING REQUIRE7 MENTS.—All funds received by a State or local govern8 ment under this Act shall be treated as Federal funds for 

9 purposes of compliance with any provision in effect under 

10 any other law requiring that non-Federal funds be used 

11 to provide a portion of the funding for any program or 

12 project. 

13 SEC. 805. COMMUNITY ASSISTANCE FORMULA AND PAY14 MENTS. 

15 (a) CONSERVATION PAYMENTS TO COASTAL

16 STATES.— 

17 (1) GRANT PROGRAM.—Amounts transferred to 

18 the Administrator from the Fund under section 

19 801(b)(1) for purposes of making payments to coast20 al States under this title in any fiscal year shall be 

21 allocated by the Administrator among coastal States 

22 as provided in this section each such fiscal year. In 

23 each such fiscal year, the Administrator shall, with24 out further appropriation, disburse such allocated 

25 funds to those coastal States for which the Adminis-
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1 trator has approved a spending plan under section 

2 806 and that have met all other requirements of this 

3 title. Payments for all projects shall be made by the 

4 Administrator to the Governor of the State or to the 

5 State official or agency designated by the Governor 

6 or by State law as having authority and responsi7 bility to accept and to administer funds paid here8 under. No payment shall be made to any State until 

9 the State has agreed to provide such reports to the 

10 Administrator, in such form and containing such in11 formation, as may be reasonably necessary to enable 

12 the Administrator to perform the duties of the Ad13 ministrator under this title, and provide such fiscal 

14 control and fund accounting procedures as may be 

15 necessary to assure proper disbursement and ac16 counting for Federal revenues paid to the State 

17 under this title. 

18 (2) FAILURE TO MAKE SUFFICIENT PROGRESS

19 AT DEVELOPING OR IMPLEMENTING A REGIONAL

20 OCEAN ECOSYSTEM PLAN.—At the end of each fiscal 

21 year, the Administrator shall return to the Fund any 

22 amount that the Administrator allocated, but did not 

23 disburse, in that fiscal year to a coastal State that, 

24 in the judgment of the Administrator, has failed to 

25 make sufficient progress in developing or imple-
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1 menting a Regional Ocean Ecosystem Plan under 

2 title IV before the end of the fiscal year in which 

3 such grant is allocated, except that the Adminis4 trator shall hold in escrow until the final resolution 

5 of the appeal any amount allocated, but not dis6 bursed, to a coastal State that has appealed the dis7 approval of such funding. 

8 (b) ALLOCATION AMONG COASTAL STATES.— 

9 (1) ALLOCABLE SHARE FOR EACH STATE.—For 

10 each coastal State, the Administrator shall deter11 mine the State’s allocable share of the total amount 

12 transferred from the Fund under section 801(b)(1) 

13 for each fiscal year using the following weighted for14 mula: 

15 (A) Thirty-five percent of such amount 

16 shall be allocated to each coastal State based on 

17 the ratio of each State’s shoreline miles to the 

18 shoreline miles of all coastal States. 

19 (B) Sixty-five percent of such amount shall 

20 be allocated to each coastal State based on the 

21 ratio of each State’s coastal population to the 

22 coastal population of all coastal States. 

23 (2) MINIMUM STATE SHARE.— 

24 (A) IN GENERAL.—The allocable share de25 termined by the Administrator under this sub-
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1 section for each coastal State with a manage2 ment program approved by the Secretary of 

3 Commerce under the Coastal Zone Management 

4 Act of 1972 (16 U.S.C. 1451 et seq.), or that 

5 is making satisfactory progress toward one, 

6 shall not be less in any fiscal year than 0.50 

7 percent of the total amount transferred by the 

8 Secretary of the Treasury to the Administrator 

9 for that fiscal year under section 801(b)(1). 

10 For any other coastal State the allocable share 

11 shall not be less than 0.25 percent of such 

12 transferred amount. 

13 (B) RECOMPUTATION.—If 1 or more coast14 al States’ allocable shares, as computed under 

15 paragraphs (1) and (2), are increased by any 

16 amount under this paragraph, the allocable 

17 share for all other coastal States shall be re18 computed and reduced by the same amount so 

19 that not more than 100 percent of the amount 

20 transferred by the Secretary of the Treasury to 

21 the Administrator for that fiscal year under 

22 section 801(b)(1) is allocated to all coastal 

23 States. The reduction shall be divided pro rata 

24 among such other coastal States. 
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1 (c) PAYMENTS TO POLITICAL SUBDIVISIONS.—In the 

2 case of a coastal State, the Governor of the State shall 

3 hold 50 percent of the State’s allocable share, as deter4 mined under subsection (b), in a State ocean grants fund. 

5 The Governor or his designee shall award, on a competi6 tive basis, grants to coastal political subdivisions of the 

7 State from the State ocean grants fund only for activities 

8 relating to the development and implementation of feder9 ally approved Regional Ocean Strategic Plans that are 

10 consistent with the standard set forth in subsection 

11 806(b). 

12 (d) TIME OF PAYMENT.—Payments to coastal States 

13 and coastal political subdivisions under this section shall 

14 be made not later than December 31 of each year from 

15 revenues received during the immediately preceding fiscal 

16 year. 

17 SEC. 806. APPROVAL OF STATE FUNDING AND SPENDING 

18 PLANS. 

19 (a) DEVELOPMENT AND SUBMISSION OF REGIONAL

20 OCEAN ECOSYSTEM PLANS.—Each coastal State seeking 

21 to receive grants under this title shall participate in the 

22 development and implementation of Regional Ocean and 

23 Coastal Strategic Plans under title IV. 
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1 (b) STANDARD GOVERNING THE EXPENDITURE OF

2 FUNDS.—All Funds disbursed to coastal States and polit3 ical subdivisions shall only be used for activities that— 

4 (1) develop or implement federally approved Re5 gional Ocean Strategic Plans, and 

6 (2) are consistent with the national standards 

7 set forth in section 111. 

8 (c) SUBMISSION OF SPENDING PLAN.—Each coastal 

9 State seeking funding under this title shall submit annu10 ally to the Administrator a spending plan for funds pro11 vided under this title. Such spending plan shall— 

12 (1) describe how the funds will be used by the 

13 coastal State and its coastal political subdivisions to 

14 implement the responsibilities and obligations in de15 veloping and implementing an approved Regional 

16 Ocean Strategic Plans; and 

17 (2) ensure that the proposed funded activities 

18 by the coastal State and its coastal political subdivi19 sion are consistent with the standard set forth in 

20 subsection 806(b). 

21 (d) APPROVAL OR DISAPPROVAL.— 

22 (1) REQUIREMENTS.—A coastal State shall re23 ceive funding under this title if, in consultation with 

24 the Committee on Ocean Policy, the Adminis25 trator— 
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1 (A) certifies that such coastal State is par2 ticipating actively and sufficiently in the devel3 opment and implementation of a Regional 

4 Ocean Ecosystem Plan under title IV; 

5 (B) approves a spending plan submitted by 

6 such State that specifies how funds provided 

7 under this title will be used to meet the State’s 

8 obligations and responsibilities in developing 

9 and implementing a Regional Ocean Ecosystem 

10 Plan under title IV; and 

11 (C) ensures any payments under this title 

12 to coastal States and political subdivisions are 

13 used to develop and implement an approved Re14 gional Ocean Strategic Plan in a manner that 

15 is consistent with the standard set forth in sub16 section 806(b). 

17 (2) CONTENTS OF PLANS.—In addition to such 

18 other requirements as the Administrator by regula19 tion shall prescribe, each State spending plan shall 

20 include the following: 

21 (A) The name of the State agency that will 

22 have the authority to represent and act for the 

23 State in dealing with the Administrator for pur24 poses of this title. 
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1 (B) A description of how funds provided 

2 under this title will be used to meet the State’s 

3 responsibilities to develop and implement the 

4 applicable Regional Ocean Ecosystem Plan. 

5 (C) A description of how the funds pro6 vided under this title will be used by coastal po7 litical subdivisions to develop and implement 

8 the applicable Regional Ocean Strategic Plan. 

9 (D) An analysis of how the funds provided 

10 under this title to both coastal States and 

11 coastal political subdivisions will be consistent 

12 with the standard set forth in subsection 

13 806(b). 

14 (E) Certification by the Governor of the 

15 coastal State that all the funds provided under 

16 this title to coastal political subdivisions will be 

17 used to develop and implement a Regional 

18 Ocean Strategic Plan in a manner that is con19 sistent with the standard set forth in subsection 

20 806(b). 

21 (3) PROCEDURE AND TIMING; REVISIONS.—The 

22 Administrator shall approve or disapprove each 

23 spending plan submitted in accordance with this sec24 tion. If a State first submits a plan by not later 

25 than 90 days before the beginning of the first fiscal 
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1 year to which the plan applies, the Administrator 

2 shall approve or disapprove the plan by not later 

3 than 30 days before the beginning of that fiscal 

4 year. 

5 (4) AMENDMENT OR REVISION.—Any amend6 ment to or revision of the plan shall be prepared in 

7 accordance with the requirements of this subsection 

8 and shall be submitted to the Administrator for ap9 proval or disapproval. Any such amendment or revi10 sion shall take effect only for fiscal years after the 

11 fiscal year in which the amendment or revision is ap12 proved by the Administrator. 

13 (5) PUBLIC COMMENT.—Before approving or 

14 disapproving a spending plan of a State, amend15 ment, or revision to a plan, the Administrator shall 

16 provide for public comment on the State’s proposed 

17 expenditures for the forthcoming year. 

18 SEC. 807. SPECIAL POSTAGE STAMP. 

19 (a) IN GENERAL.—In order to afford a convenient 

20 way for members of the public to support efforts to pro21 tect, maintain, and restore marine ecosystems, the United 

22 States Postal Service shall provide for a special postage 

23 stamp in accordance with succeeding provisions of this 

24 section. 
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1 (b) TERMS AND CONDITIONS.—The issuance and sale 

2 of the stamp referred to in subsection (a) shall be gov3 erned by section 416 of title 39, United States Code, and 

4 regulations under such section, subject to the following: 

5 (1) TRANSFERS.—All amounts becoming avail6 able from the sale of such stamp shall be transferred 

7 to the Ocean and Great Lakes Conservation Trust 

8 Fund (as established by section 801) through pay9 ments which shall be made, at least twice a year, in 

10 the manner required by subsection (d)(1) of section 

11 416 of such title 39. 

12 (2) NUMERICAL LIMITATION.—For purposes of 

13 applying any numerical limitation referred to in sub14 section (e)(1)(C) of section 416 of such title 39, 

15 such stamp shall not be taken into account. 

16 (3) DURATION.—Such stamp shall be made 

17 available to the public over such period of time as 

18 the Postal Service may determine, except that such 

19 period— 

20 (A) shall commence not later than 12 

21 months after the date of the enactment of this 

22 Act; and 

23 (B) shall terminate not later than the close 

24 of the period referred to in subsection (g) of 

25 such section. 
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•HR 2939 IH 

1 (c) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be considered to permit or require that any de3 termination of the amounts becoming available from the 

4 sale of the stamp referred to in subsection (a) be made 

5 in a manner inconsistent with the requirements of section 

6 416(d) of such title 39. 

7 SEC. 808. SUNSET. 

8 This title shall have no force or effect after Sep9 tember 30, 2024. 

Æ