I

103D CONGRESS

2D SESSION H. R. 4640

To establish a Gulf of Maine Council to promote the economic development

and ensure the environmental quality of the Gulf of Maine, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 23, 1994

Mr. ANDREWS of Maine (for himself and Mr. STUDDS) introduced the following bill; which was referred jointly to the Committees on Merchant Marine and Fisheries, Foreign Affairs, and Public Works and Transportation

A BILL

To establish a Gulf of Maine Council to promote the economic development and ensure the environmental quality

of the Gulf of Maine, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Gulf of Maine Act of

5 1994’’.
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1 SEC. 2. FINDINGS.

2 (a) ECONOMIC FINDINGS.—Congress makes the fol3 lowing findings regarding economic activities in the Gulf

4 of Maine region:

5 (1) The Gulf provides significant commercial

6 benefits to the United States and Canada. The com7 mercial fishing industry of the Gulf is valued at

8 more than $800,000,000. Approximately 20,000

9 United States and Canadian citizens fish the marine

10 resources of the Gulf.

11 (2) The Gulf is an important recreational re12 source because the Gulf—

13 (A) is within 1 day’s drive of 75,600,000

14 people;

15 (B) contains 3 United States and Cana16 dian national parks and 1 United States na17 tional marine sanctuary; and

18 (C) attracts approximately 10,000,000 visi19 tors annually.

20 (3) The Gulf provides diverse livelihoods rang21 ing from tourism-based employment to seaweed

22 harvesting.

23 (b) ECOLOGICAL FINDINGS.—Congress makes the

24 following findings regarding the ecological status of the

25 Gulf of Maine region:
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1 (1) The Gulf supports a wide diversity of ma2 rine life, including 100 species of birds, 73 species

3 of fish, and 26 types of whales, porpoises, and seals,

4 including 30 federally listed endangered species in5 cluding the bald eagle, sea turtle, humpback whale,

6 and sperm whale.

7 (2) The Gulf of Maine region is experiencing

8 environmental problems, including—

9 (A) high levels of toxic contaminants in

10 deep basin sediments of the Gulf, as well as in

11 organisms within the Gulf of Maine ecosystem,

12 including the bald eagle and the American

13 lobster;

14 (B) concerns about human health that

have resulted in the closure of about 1 15 ⁄3 of Gulf

16 shellfish beds, resulting in economic losses in

17 communities around the Gulf;

18 (C) the increasing loss of habitat in the

19 Gulf region, which results in diminished coastal

20 and estuarine habitats important to migratory

21 waterfowl and commercially valuable fish spe22 cies; and

23 (D) the escalating impact of recreational

24 use on the Gulf ecosystem.
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1 (c) MANAGEMENT FINDINGS.—Congress makes the

2 following findings regarding the management of the Gulf

3 of Maine region:

4 (1) The natural resources of the Gulf are inter5 connected, forming an ecosystem that transcends po6 litical boundaries and that is a public resource that

7 needs national attention.

8 (2) The efforts of the States of Maine, Massa9 chusetts, and New Hampshire, and of the Canadian

10 Provinces of Nova Scotia and New Brunswick, to

11 form a Gulf of Maine Council on the Marine Envi12 ronment have laid a foundation for future efforts to

13 protect and conserve the Gulf.

14 (3) There is a need to continue and expand the

15 research, monitoring, management, and development

16 activities within the Gulf and to coordinate the ac17 tivities.

18 SEC. 3. DEFINITIONS.

19 As used in this Act:

20 (1) ADMINISTRATOR.—The term ‘‘Adminis21 trator’’ means the Administrator of the Environ22 mental Protection Agency.

23 (2) AGREEMENT.—The term ‘‘Agreement’’

24 means the Gulf of Maine Agreement developed

25 under section 4(c)(1).
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1 (3) COMMISSION.—The term ‘‘Commission’’

2 means the St. Croix International Waterway Com3 mission established under chapter 8 of title 38 of the

4 Maine Revised Statutes.

5 (4) GULF OF MAINE COUNCIL.—The terms

6 ‘‘Gulf of Maine Council’’ and ‘‘Council’’ mean the

7 Gulf of Maine Council established under section 4.

8 (5) GULF OF MAINE REGION.—The term ‘‘Gulf

9 of Maine region’’ means the Bay of Fundy, the Gulf

10 of Maine, including Georges Bank, and the streams,

11 rivers, lakes, and other bodies of water, and the as12 sociated land mass of the bodies of water, within the

13 drainage basin of the Gulf of Maine, together with

14 the ecological community of the Gulf of Maine.

15 (6) MANAGEMENT COUNCIL.—The term ‘‘Man16 agement Council’’ means the New England Fishery

17 Management Council established under section

18 302(a)(1) of the Magnuson Fishery Conservation

19 and Management Act (16 U.S.C. 1852(a)(1)).

20 (7) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of Commerce.

22 SEC. 4. GULF OF MAINE COUNCIL.

23 (a) ESTABLISHMENT.—

24 (1) IN GENERAL.—There is authorized to be es25 tablished a Gulf of Maine Council to promote the en-
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1 vironmental and economic health of the Gulf of

2 Maine region.

3 (2) PURPOSE.—The purpose of the Gulf of

4 Maine Council shall be to facilitate the coordination

5 of governmental and nongovernmental activities re6 lated to the Gulf of Maine region, including—

7 (A) economic development, including the

8 coordination and prioritization of applications

9 for assistance submitted under section 5;

10 (B) environmental assessment and man11 agement;

12 (C) fisheries habitat improvement and

13 management;

14 (D) marine research; and

15 (E) education and understanding concern16 ing ecological and cultural resources.

17 (3) INITIAL ORGANIZATION.—On receiving a

18 written agreement of the Governors of Maine, Mas19 sachusetts, and New Hampshire, and the Premiers

20 of Nova Scotia and New Brunswick, that is jointly

21 signed by each such Governor and Premier, to estab22 lish the Gulf of Maine Council in accordance with

23 this section, and the nominations of the Governors

24 and the Premiers to the Gulf of Maine Council, Con-
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1 gress shall consider the Gulf of Maine Council to be

2 established.

3 (4) FEDERAL ADVISORY COMMITTEE ACT.—The

4 Federal Advisory Committee Act (5 U.S.C. App. 2)

5 shall not apply to any entity established under this

6 Act.

7 (b) MEMBERSHIP, AUTHORITY, AND FUNDING OF

8 COUNCIL.—

9 (1) MEMBERSHIP AND PERSONNEL.—

10 (A) MEMBERSHIP.—Not later than 180

11 days after the date of enactment of this Act,

12 the Governors of Maine, Massachusetts, and

13 New Hampshire and the Premiers of Nova Sco14 tia and New Brunswick shall each appoint 3

15 representatives to the Gulf of Maine Council.

16 The representatives of the Provinces shall be ex

17 officio members of the Council.

18 (B) TERMS.—The term of each member of

19 the Gulf of Maine Council shall be 3 years, ex20 cept that, in the case of initial appointments,

21 the Governors and Premiers shall each appoint

22 1 member to a term of 2 years, 1 member to

23 a term of 3 years, and 1 member to a term of

24 4 years.
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1 (C) EXECUTIVE SECRETARY AND STAFF.—

2 The Gulf of Maine Council may employ an exec3 utive secretary and such support staff as are

4 necessary to assist the Council, and the Boards

5 and Councils referred to in sections 5 through

6 8, in carrying out their duties, including the co7 ordination of plans and programs developed

8 under sections 5 through 8.

9 (D) TRAVEL EXPENSES.—A member of the

10 Gulf of Maine Council who is not an employee

11 of the Federal Government or a State govern12 ment, while away from the home or regular

13 place of business of the member in performing

14 a duty of the Council, shall be allowed travel ex15 penses, including per diem in lieu of subsist16 ence, in the same manner as a person employed

17 intermittently in the Government service is al18 lowed expenses under section 5703 of title 5,

19 United States Code.

20 (2) DECISIONMAKING.—The Gulf of Maine

21 Council—

22 (A) may establish such bylaws and deci23 sionmaking processes as the Council determines

24 are necessary; and
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1 (B) shall meet not less often than annu2 ally.

3 (3) FINANCIAL SUPPORT.—

4 (A) IN GENERAL.—

5 (i) ANNUAL BUDGET.—The Gulf of

6 Maine Council shall annually adopt by con7 sensus a budget for the activities of the

8 Council.

9 (ii) STATE SUPPORT.—Each State

10 represented on the Gulf of Maine Council

11 shall provide to the Council a payment in

12 an amount equal to the quotient obtained

13 by dividing—

14 (I) the United States portion of

15 the budget adopted under clause (i);

16 by

17 (II) the number of States rep18 resented on the Council.

19 (iii) FEDERAL CONTRIBUTIONS.—The

20 Government of the United States may

21 make the payment required of a State

22 under clause (ii).

23 (B) SUPPLEMENTAL FUNDING.—The Gulf

24 of Maine Council may accept, from the Govern25 ment of the United States, the Government of
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1 Canada, other agencies, corporations, organiza2 tions, and individuals, funds for activities or

3 projects to supplement funds made available to

4 the Council under subparagraph (A).

5 (4) GULF OF MAINE ADVISORY GROUP.—

6 (A) IN GENERAL.—The Gulf of Maine

7 Council shall establish a Gulf of Maine Advisory

8 Group (referred to in this section as the ‘‘Advi9 sory Group’’) to advise the Council, the Gov10 ernors of Maine, Massachusetts, and New

11 Hampshire, and the Premiers of Nova Scotia

12 and New Brunswick on the implementation of

13 this Act.

14 (B) COMPOSITION.—The members of the

15 Advisory Group shall be appointed by the Gov16 ernors and Premiers in coordination with the

17 Gulf of Maine Council and shall include not

18 more than 15 members, including representa19 tives of the public, the fishing community, the

20 scientific community, nonprofit organizations,

21 and local governments.

22 (c) GULF OF MAINE AGREEMENT.—

23 (1) IN GENERAL.—Not later than 2 years after

24 the date of enactment of this Act, the Gulf of Maine

25 Council shall develop and adopt a Gulf of Maine
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1 Agreement. The Agreement shall set forth general

2 priorities and guidelines for the protection, assess3 ment, management, and sustainable development of

4 the Gulf of Maine region for the 10 years after the

5 date of adoption of the Agreement. The Gulf of

6 Maine Council shall oversee the implementation of

7 the Agreement.

8 (2) ELEMENTS OF AGREEMENT.—The Agree9 ment shall, at a minimum—

10 (A) describe long-term goals for environ11 mental protection and sustainable economic de12 velopment in the Gulf of Maine region;

13 (B) identify opportunities for improved co14 ordination of activities relating to—

15 (i) economic development;

16 (ii) fisheries management;

17 (iii) environmental assessment and

18 protection;

19 (iv) marine research; and

20 (v) education;

21 (C) be consistent with all relevant Federal

22 and State laws;

23 (D) incorporate, to the maximum extent

24 practicable, ongoing planning efforts being con-
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1 ducted by coastal communities and members of

2 the fishing community;

3 (E) establish parameters and criteria to

4 monitor and evaluate the effectiveness of ac5 tions taken under this Act and measures to re6 spond to evaluation results; and

7 (F) facilitate and coordinate public edu8 cation and awareness concerning the environ9 ment and economy of the Gulf of Maine region.

10 (3) REVIEW.—

11 (A) ADVISORY GROUP.—The Gulf of Maine

12 Council shall provide for the participation of the

13 Advisory Group in the development of the

14 Agreement.

15 (B) PUBLIC REVIEW AND COMMENT.—The

16 Gulf of Maine Council shall provide for public

17 review and comment on the Agreement prior to

18 adoption, including, at a minimum, a public

19 hearing in each State and Province represented

20 on the Gulf of Maine Council.

21 (4) ADOPTION.—After considering the com22 ments of the Advisory Group and the public, the

23 Gulf of Maine Council shall make appropriate

24 changes to the Agreement and adopt the Agreement
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1 with appropriate implementation mechanisms if the

2 Agreement is consistent with this Act.

3 (5) PROGRESS REPORT AND REVISION OF

4 AGREEMENT.—Not later than 5 years after the date

5 of adoption of the Agreement, the Gulf of Maine

6 Council shall prepare a report that assesses the ex7 tent of progress in attaining the goals of this Act

8 and make such revisions to the Agreement and the

9 structure of the Council as the Council determines

10 are appropriate. The report shall identify opportuni11 ties to enhance mutual cooperation and coordination

12 between the United States and Canada concerning

13 the Gulf of Maine region. The report shall be sub14 mitted to Congress, the Secretary, the Secretary of

15 the Interior, the Administrator, and the heads of

16 other appropriate Federal, State, and local agencies

17 and organizations.

18 (6) EXTENT OF AUTHORITY.—

19 (A) IN GENERAL.—Subject to subpara20 graph (C), the Gulf of Maine Council may re21 view, to the extent consistent with applicable

22 law, the activities of international, Federal,

23 State, and Provincial entities in the Gulf of

24 Maine region and make recommendations to the
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1 entities regarding the compatibility of the ac2 tivities with the Agreement.

3 (B) REVIEW OF PLANS.—The Gulf of

4 Maine Council shall review plans prepared by

5 the Boards and Councils referred to in sections

6 5 through 8 to ensure that the plans are con7 sistent with each other and with the goals and

8 priorities established in the Agreement.

9 (C) LIMITATIONS.—No action or rec10 ommendation authorized under this section—

11 (i) binds or obligates any department,

12 agency, officer, or Act of the Federal Gov13 ernment, any State government, any In14 dian tribe, or any international entity es15 tablished by treaty with authority relating

16 to the Gulf of Maine region, unless this

17 Act specifically provides otherwise; or

18 (ii) limits the authority of the United

19 States to enter into treaties.

20 (d) REPORT.—Not later than 12 years after the date

21 of enactment of this Act, the Gulf of Maine Council shall

22 submit a report to Congress and the President on the ac23 tivities of the Gulf of Maine Council and the effectiveness

24 of this Act in promoting the economic and environmental

25 health of the Gulf of Maine region. The report shall in-
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1 clude recommendations for such administrative and legis2 lative action as the Council considers advisable.

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated such sums as are nec5 essary to carry out this section.

6 SEC. 5. ECONOMIC ASSISTANCE FOR THE GULF OF MAINE

7 REGION.

8 (a) ECONOMIC DEVELOPMENT BOARD.—

9 (1) ESTABLISHMENT.—The Gulf of Maine

10 Council, in cooperation with the Economic Develop11 ment Administration and the National Oceanic and

12 Atmospheric Administration of the Department of

13 Commerce, shall establish an Economic Development

14 Board (referred to in this subsection as the

15 ‘‘Board’’) to develop and implement a long-term

16 plan for coordinating environmentally sound eco17 nomic assistance for the Gulf of Maine region pro18 vided under this section and from other sources.

19 (2) PURPOSE AND DUTIES.—The purpose of the

20 Board shall be to identify economic assistance prior21 ities and projects with the greatest potential to aid

22 the restoration of both the economic and ecological

23 health of the Gulf of Maine region. The Board shall

24 provide grantmaking agencies and organizations

25 with the information referred to in the preceding
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1 sentence and shall carry out the responsibilities of

2 the Council referred to in section 4(a)(2)(A).

3 (3) MEMBERS.—The Board shall consist of

4 such individuals as the members of the Gulf of

5 Maine Council determine are appropriate and should

6 include representatives of the Economic Develop7 ment Administration, the Office of Sustainable De8 velopment, and the Small Business Administration

9 of the Department of Commerce, the Department of

10 Labor, and State agencies and private entities in11 volved in economic development activities in the Gulf

12 of Maine region. The individuals who represent

13 Provinces shall be ex officio members of the Board.

14 (4) ANNUAL PLAN.—The Board shall prepare

15 an annual plan that identifies goals and objectives

16 for environmentally sound economic assistance (in17 cluding high-priority projects), describes the status

18 of any ongoing projects, and reflects the goals and

19 priorities established in the Agreement. The Board

20 shall provide for public review of and comment on

21 the plan. Prior to release of the plan for public re22 view, the Boards and Councils referred to in sections

23 6 through 8 shall review and comment on the plan.

24 (b) PLANNING GRANTS.—
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1 (1) IN GENERAL.—In accordance with this sub2 section, the Secretary may provide planning grants

3 to the Gulf of Maine Council for a period of 1 year

4 for 100 percent of the total project cost, as deter5 mined by the Secretary. In carrying out this para6 graph, the Secretary may enter into a cooperative

7 agreement with the Council.

8 (2) ELIGIBLE ACTIVITIES.—A cooperative

9 agreement under this subsection shall be made avail10 able through the Economic Development Administra11 tion of the Department of Commerce for the plan12 ning of economic development programs designed

13 specifically to retain or create full-time permanent

14 jobs and income for individuals who are unemployed

15 or underemployed as a result of the implementation

16 of fishery management regulations imposed by the

17 Federal Government that have a severe economic im18 pact on communities in the Gulf of Maine region.

19 (c) TECHNICAL ASSISTANCE.—

20 (1) IN GENERAL.—In accordance with this sub21 section, the Secretary may provide grants for local

22 technical assistance to the Gulf of Maine Council

23 through the Economic Development Administration

24 of the Department of Commerce in an amount equal
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1 to not more than 75 percent of the total project

2 cost, as determined by the Secretary.

3 (2) ELIGIBLE ACTIVITIES.—Activities eligible

4 for assistance under this subsection include—

5 (A) enabling the building and expansion of

6 local organizational capacity;

7 (B) technical or market feasibility studies;

8 (C) collecting and disseminating informa9 tion relevant to diversification efforts, including

10 stock projections, market forecasts, inter11 national trade opportunities, and technology

12 needs assessment;

13 (D) conversion assistance for new

14 nonfishing occupations, including financial sup15 port for regional business development efforts,

16 and technology needs assessment;

17 (E) restoration of natural resources, such

18 as the building of fish passages and the restora19 tion of wetlands and shellfish harvesting areas,

20 that will enhance economic opportunities for

21 Gulf of Maine communities; and

22 (F) otherwise responding to developmental

23 opportunities for individuals unemployed or un24 deremployed as a result of the implementation

25 of fishery management regulations imposed by
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1 the Federal Government that have a severe eco2 nomic impact on communities in the Gulf of

3 Maine region.

4 (d) ELIGIBLE APPLICANTS.—

5 (1) GRANTS.—The sole eligible applicant to re6 ceive grants under this section shall be the Gulf of

7 Maine Council, on behalf of the Gulf of Maine region

8 which shall be deemed to be an economic develop9 ment district for the purpose of part B of title IV

10 of the Public Works and Economic Development Act

11 of 1965 (42 U.S.C. 3171 et seq.).

12 (2) SUBGRANTS.—The Gulf of Maine Council

13 shall use grants received under this section to pro14 vide assistance for activities referred to in this sec15 tion to eligible applicants, including public and pri16 vate nonprofit national, State, area, district, and

17 local organizations, units of local government, and

18 public and private colleges and universities.

19 (e) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated such sums as are nec21 essary to carry out this section.

22 SEC. 6. FISHERY MANAGEMENT PLANS.

23 (a) COORDINATION WITH EXISTING PROGRAM.—

24 (1) IN GENERAL.—The Gulf of Maine Council

25 shall cooperate with the New England Fishery Man-
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1 agement Council established under title III of the

2 Magnuson Fishery Conservation and Management

3 Act (16 U.S.C. 1851 et seq.).

4 (2) AUTHORITY.—The Management Council

5 shall continue to exercise the authorities and respon6 sibilities established in title III of such Act (16

7 U.S.C. 1851 et seq.) and shall also participate, as

8 described in subsection (b)(1)(A), with the Gulf of

9 Maine Council and with other organizations estab10 lished under this Act in cooperative efforts to pro11 mote the environmental and economic health of the

12 Gulf of Maine region.

13 (b) RECOMMENDATIONS BY THE GULF OF MAINE

14 COUNCIL.—

15 (1) RECOMMENDATIONS.—

16 (A) TO MANAGEMENT COUNCIL.—The Gulf

17 of Maine Council may, after notice and oppor18 tunity for public comment, develop rec19 ommendations to submit to the Management

20 Council on any fishery management plan being

21 considered by the Management Council, if the

22 Gulf of Maine Council determines that the rec23 ommendations are necessary to make the fish24 ery management plan reflect the goals and pri25 orities established in the Agreement. The rec-
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1 ommendations shall be submitted during the

2 applicable public comment period established

3 under title III of the Magnuson Fishery Con4 servation and Management Act (16 U.S.C.

5 1851 et seq.).

6 (B) TO SECRETARY.—The Gulf of Maine

7 Council may, after notice and opportunity for

8 public comment, develop recommendations,

9 based on the Agreement, to submit to the Sec10 retary regarding any fishery management plan

11 of the Management Council being considered by

12 the Management Council or submitted to the

13 Secretary, including asking the Secretary to

14 convene a negotiated rulemaking provided for

15 under subchapter III of chapter 5 of title 5,

16 United States Code, for the management plan.

17 The recommendations shall be submitted during

18 the applicable public comment period estab19 lished under section 304 of the Magnuson Fish20 ery Conservation and Management Act (16

21 U.S.C. 1854).

22 (2) APPROVAL BY THE COUNCIL.—The Gulf of

23 Maine Council may submit recommendations under

24 paragraph (1) only if the recommendations are ap-
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1 proved by a majority of the voting members of the

2 Gulf of Maine Council.

3 (3) REVIEW.—If the Secretary receives rec4 ommendations prepared by the Gulf of Maine Coun5 cil, the Secretary shall commence a review of the

6 recommendations to determine whether the rec7 ommendations are necessary to make any fishery

8 management plan consistent with the Agreement.

9 (4) CONSULTATION.—In undertaking the review

10 required under paragraph (3), the Secretary shall—

11 (A) give careful consideration to the com12 ments and recommendations of the Gulf of

13 Maine Council; and

14 (B) provide the Gulf of Maine Council,

15 upon request, the opportunity to meet with and

16 present the comments or recommendations of

17 the Council directly to the Secretary during the

18 applicable public comment period established

19 under section 304 of the Magnuson Fishery

20 Conservation and Management Act (16 U.S.C.

21 1854).

22 (5) NONACCEPTANCE BY THE SECRETARY.—If

23 the Secretary does not accept the recommendations

24 reviewed under paragraph (3), the Secretary shall
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1 specify the reasons the recommendations were not

2 accepted.

3 (6) FINDINGS.—Notwithstanding any other law,

4 if the Secretary concurs with the recommendations

5 submitted by the Gulf of Maine Council under this

6 subsection, the Secretary shall issue a finding to the

7 Management Council requesting that the Manage8 ment Council review the fishery management plan in

9 light of the recommendations of the Gulf of Maine

10 Council not later than 180 days after the issuance

11 of the finding. The Secretary shall also inform the

12 Gulf of Maine Council of the finding.

13 SEC. 7. ENVIRONMENTAL MANAGEMENT AND ASSESSMENT

14 PROGRAM.

15 (a) ESTABLISHMENT.—

16 (1) IN GENERAL.—There is established an En17 vironmental Management and Assessment Program

18 (referred to in this subsection as the ‘‘Program’’) for

19 the Gulf of Maine region.

20 (2) MANAGEMENT OF PROGRAM.—

21 (A) IN GENERAL.—The Program shall be

22 managed by the Gulf of Maine Council on the

23 Marine Environment Working Group in exist24 ence on the date of enactment of this Act (re-
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1 ferred to in this section as the ‘‘Working

2 Group’’).

3 (B) MEMBERS.—The Working Group shall

4 consist of such individuals as the members of

5 the Gulf of Maine Council who represent States

6 determine are appropriate. Membership should

7 include representatives of Federal, State, and

8 local governments and nonprofit organizations

9 that have environmental management and as10 sessment programs in the Gulf of Maine region.

11 (3) PARTICIPATION IN THE PROGRAM.—The

12 Gulf of Maine Council shall ensure that—

13 (A) all Federal and State agencies that

14 have environmental management and assess15 ment programs in the Gulf of Maine region

16 have an opportunity to participate in the Pro17 gram; and

18 (B) the Program includes representation of

19 the environmental management and assessment

20 efforts being carried out by nongovernmental

21 entities in the Gulf of Maine region.

22 (b) ENVIRONMENTAL MANAGEMENT AND ASSESS23 MENT PLAN.—

24 (1) IN GENERAL.—Not later than 2 years after

25 the Agreement is adopted, and after providing for
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1 public review and comment, the Working Group

2 shall publish a plan for improved environmental

3 management and assessment in the Gulf of Maine

4 region. Prior to release of the plan for public review,

5 the Boards and Councils referred to in sections 5, 6,

6 and 8 shall review and comment on the plan.

7 (2) CONTENTS OF PLAN.—The plan required

8 under paragraph (1) shall—

9 (A) establish a comprehensive program for

10 the long-term monitoring and assessment of the

11 Gulf of Maine region, based on the Gulf of

12 Maine Monitoring Plan established in 1990 by

13 the Governors of Maine, Massachusetts, and

14 New Hampshire, and the Premiers of Nova

15 Scotia and New Brunswick;

16 (B) identify environmental protection and

17 management programs being carried out in the

18 Gulf of Maine region and make recommenda19 tions for improving the effectiveness of the pro20 grams and coordination among programs;

21 (C) identify and monitor priority habitat

22 for the fish and wildlife species in the Gulf of

23 Maine region and recommend measures for

24 habitat conservation, including protection and

25 restoration; and
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1 (D) reflect the goals and priorities estab2 lished in the Agreement.

3 (3) PLANNING AND IMPLEMENTATION

4 GRANTS.—The Administrator, the Secretary of Com5 merce, and the Secretary of the Interior may provide

6 planning and implementation grants to the Gulf of

7 Maine Council in an amount equal to not more than

8 75 percent of the total project cost, as determined

9 by the Administrator or the Secretary, respectively,

10 for planning and implementing environmental man11 agement and assessment projects under this section.

12 In carrying out this paragraph, the Administrator

13 and each Secretary may enter into a cooperative

14 agreement with the Council.

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated such sums as are nec17 essary to carry out this section.

18 SEC. 8. GULF OF MAINE RESEARCH.

19 (a) COORDINATION WITH EXISTING PROGRAM.—

20 (1) IN GENERAL.—The Gulf of Maine Council

21 shall cooperate with the Regional Marine Research

22 Board for the Gulf of Maine region established

23 under title IV of the Marine Protection, Research,

24 and Sanctuaries Act of 1972 (16 U.S.C. 1447 et
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1 seq.) and the Regional Association for Research on

2 the Gulf of Maine.

3 (2) NEW AUTHORITY.—The Regional Marine

4 Research Board for the Gulf of Maine region shall

5 continue to exercise the authorities and responsibil6 ities established in title IV of such Act (16 U.S.C.

7 1447 et seq.) and shall also participate with the Gulf

8 of Maine Council and with other organizations es9 tablished under this Act in cooperative efforts to

10 promote the environmental and economic health of

11 the Gulf of Maine region.

12 (3) REGIONAL MARINE RESEARCH PLANS.—

13 (A) SCHEDULES.—The Regional Marine

14 Research Board for the Gulf of Maine region

15 may, in cooperation with the Gulf of Maine

16 Council and with the approval of the Secretary,

17 revise schedules for the development of research

18 plans under section 404 of such Act (16 U.S.C.

19 1447c) as appropriate to ensure the effective

20 coordination of the plans and programs carried

21 out under such Act with the activities and plans

22 carried out under this Act.

23 (B) GOALS AND PRIORITIES.—The re24 search plans referred to in subparagraph (A)

25 shall reflect the goals and priorities established
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1 in the Agreement. Each research plan shall be

2 reviewed by the Boards and Councils referred

3 to in sections 5 through 7 prior to approval of

4 the plan.

5 (4) CONTINUATION OF PROGRAM.—Notwith6 standing section 403(f) of the Marine Protection,

7 Research, and Sanctuaries Act of 1972 (16 U.S.C.

8 1447b(f)), the Regional Marine Research Board for

9 the Gulf of Maine region shall continue to exist until

10 the termination date specified in section 10.

11 (b) MEMBERSHIP.—

12 (1) CURRENT STRUCTURE.—The membership

13 of the Regional Marine Research Board for the Gulf

14 of Maine region shall be as established under section

15 403 of such Act (16 U.S.C. 1447b).

16 (2) RESEARCH ADVISORY GROUP.—The Gulf of

17 Maine Council may establish a Gulf of Maine Re18 search Advisory Group consisting of such individuals

19 as the members of the Gulf of Maine Council who

20 represent Provinces identify as appropriate to rep21 resent the marine research interests, including fish22 eries science and environmental quality, of the Prov23 inces. The members of the Research Advisory Group

24 shall, to the extent practicable, be selected in a man-
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1 ner consistent with paragraphs (1) and (2) of sec2 tion 403(b) of such Act (16 U.S.C. 1447b(b)).

3 (c) AUTHORIZATION OF APPROPRIATIONS.—Notwith4 standing section 407 of such Act (16 U.S.C. 1447f), there

5 are authorized to be appropriated such sums as are nec6 essary to carry out this section.

7 SEC. 9. ST. CROIX INTERNATIONAL WATERWAY COMMIS8 SION.

9 (a) IN GENERAL.—The Administrator may award

10 grants to the St. Croix International Waterway Commis11 sion to support the activities of the Commission.

12 (b) FEDERAL SHARE.—

13 (1) IN GENERAL.—The Federal share of a

14 grant awarded under this section shall be 50 percent

15 of the amount of the grant award.

16 (2) NON-FEDERAL SHARE.—The non-Federal

17 share of a grant awarded under this section shall be

18 50 percent of the amount of the grant award. Any

19 person, including the State of Maine, the Province

20 of New Brunswick, the Government of Canada, or

21 any political subdivision thereof, may pay the non22 Federal share.

23 (c) REPORTS.—

24 (1) SUBMISSION BY COMMISSION.—As a condi25 tion of receiving a grant award under this section,
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1 the Commission shall submit to the Administrator,

2 by a date specified by the Administrator, an annual

3 report on the activities of the Commission and the

4 use by the Commission of the grant award.

5 (2) SUBMISSION BY ADMINISTRATOR.—As soon

6 as practicable after receipt of the report under para7 graph (1), the Administrator shall submit a copy of

8 the report and any written recommendations con9 cerning the report to the Committee on Environment

10 and Public Works of the Senate and the Committee

11 on Public Works and Transportation of the House

12 of Representatives.

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There

14 are authorized to be appropriated to the Environmental

15 Protection Agency to carry out this section $100,000 for

16 each of fiscal years 1995 through 2000.

17 SEC. 10. TERMINATION OF AUTHORITY.

18 The authority provided by this Act (except for section

19 9) shall terminate on the date that is 13 years after the

20 date of enactment of this Act.

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