I 

111TH CONGRESS 

1ST SESSION H. R. 21 

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

Oceanic and Atmospheric Administration, to establish a national and 

regional ocean governance structure, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. FARR introduced the following bill; which was referred to the Committee 

on Natural Resources, and in addition to the Committee on Science and 

Technology, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish a national policy for our oceans, to strengthen 

the National Oceanic and Atmospheric Administration, 

to establish a national and regional ocean governance 

structure, and for other purposes. 

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 ‘‘Ocean Conservation, 

5 Education, and National Strategy for the 21st Century 

6 Act’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Purpose. 

Sec. 4. Definitions. 

TITLE I—NATIONAL OCEAN GOVERNANCE 

Sec. 101. National Ocean Policy and principles. 

Sec. 102. National Ocean Advisor. 

Sec. 103. Committee on Ocean Policy. 

Sec. 104. Coordination plan. 

Sec. 105. Council of Advisors on Ocean Policy. 

TITLE II—NATIONAL OCEANIC AND ATMOSPHERIC 

ADMINISTRATION ORGANIC ACT 

Sec. 201. National Oceanic and Atmospheric Administration. 

Sec. 202. Functions. 

Sec. 203. Administration leadership. 

Sec. 204. National Weather Service. 

Sec. 205. Science Advisory Board. 

Sec. 206. Restructuring plan. 

Sec. 207. Reprogramming requests. 

Sec. 208. Savings provisions. 

Sec. 209. Report. 

Sec. 210. Function defined. 

TITLE III—REGIONAL COORDINATION AND PLANNING 

Sec. 301. Regional ocean coordination. 

Sec. 302. Regional Ocean Partnerships. 

Sec. 303. Regional Ocean Strategic Plans. 

Sec. 304. Regulations. 

Sec. 305. Other authority. 

TITLE IV—AUTHORIZATION OF APPROPRIATIONS AND 

ESTABLISHMENT OF TRUST FUND 

Sec. 401. Establishment of fund. 

Sec. 402. Payments to States. 

Sec. 403. Eligibility for funding. 

Sec. 404. Funding procedures. 

Sec. 405. Equitable allocation. 

Sec. 406. Authorization of appropriations. 

Sec. 407. Healthy Ocean Stamp. 

Sec. 408. Limitation on use of available amounts for administration. 

Sec. 409. Recordkeeping requirements. 

Sec. 410. Maintenance of effort and matching funding. 


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1 SEC. 3. PURPOSE. 

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

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

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

5 nutritional, and recreational benefits of healthy marine 

6 ecosystems, by— 

7 (1) establishing and implementing a National 

8 Ocean Policy; 

9 (2) promoting ecologically sustainable ocean re10 source use and management by strengthening and 

11 empowering ocean governance on regional and Fed12 eral levels; 

13 (3) promoting ecosystem-based approaches to 

14 management of United States ocean waters, coastal 

15 waters, and ocean resources; and 

16 (4) establishing an ocean and Great Lakes con17 servation trust fund to support the purposes and 

18 policies of this Act. 

19 SEC. 4. DEFINITIONS. 

20 In this Act: 

21 (1) ADMINISTRATION.—The term 

22 ‘‘Administration’’means the National Oceanic and 

23 Atmospheric Administration provided for in section 

24 201. 


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

3 Oceanic and Atmospheric Administration. 

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

5 National Ocean Advisor appointed under section 

6 102. 

7 (4) COASTAL POLITICAL SUBDIVISION.—The 

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

9 subdivision of a coastal State all or part of which 

10 political subdivision is within the coastal zone (as de11 fined in section 304 of the Coastal Zone Manage12 ment Act of 1972 (16 U.S.C. 1453)). 

13 (5) COASTAL POPULATION DENSITY.—The term 

14 ‘‘coastal population density’’ means the population 

15 as determined by the most recent census data in the 

16 State’s coastal zone as determined pursuant to the 

17 Coastal Zone Management Act of 1972 (16 U.S.C. 

18 1451 et seq.). 

19 (6) COASTAL STATE.—The term ‘‘coastal 

20 State’’— 

21 (A) subject to subparagraph (B), means a 

22 State of the United States in, or bordering on, 

23 the Atlantic, Pacific, or Arctic Ocean, the Gulf 

24 of Mexico, Long Island Sound, or one or more 

25 of the Great Lakes; and 


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1 (B) includes Puerto Rico, the Virgin Is2 lands, Guam, the Commonwealth of the North3 ern Mariana Islands, and American Samoa. 

4 (7) COASTAL WATERS.—The term ‘‘coastal wa5 ters’’ means the waters within the coastal zone as 

6 defined in section 304 of the Coastal Zone Manage7 ment Act of 1972 (16 U.S.C. 1453), which includes 

8 such waters as bays and estuaries. 

9 (8) ECOSYSTEM-BASED MANAGEMENT.—The 

10 term ‘‘ecosystem-based management’’ means an inte11 grated approach to management that— 

12 (A) considers the entire ecosystem, includ13 ing humans, and accounts for interactions 

14 among the ecosystem, the range of activities af15 fecting the ecosystem, and the management of 

16 such activities; 

17 (B) aims to maintain ecosystems in a 

18 healthy, productive, sustainable, and resilient 

19 condition so that they can provide the services 

20 humans want and need; 

21 (C) emphasizes the protection of ecosystem 

22 structure, function, patterns, and important 

23 processes; 

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1 ing an ecosystem that fall within geographical 

2 boundaries of the ecosystem; 

3 (E) explicitly accounts for the inter4 connectedness within an ecosystem, such as 

5 food webs, and acknowledges the interconnect6 edness among systems, such as between air, 

7 land, and sea; and 

8 (F) integrates ecological, social, economic, 

9 and institutional perspectives, recognizing their 

10 strong interdependences. 

11 (9) FEDERAL AGENCY.—The term ‘‘Federal 

12 agency’’ means any department, agency, or instru13 mentality of the United States. 

14 (10) IMPORTANT ECOLOGICAL AREA.—The term 

15 ‘‘important ecological area’’ means an area that con16 tributes significantly to local or larger marine eco17 system health or is an especially unique or sensitive 

18 marine ecosystem. 

19 (11) MARINE ECOSYSTEM HEALTH.—The term 

20 ‘‘marine ecosystem health’’means the ability of an 

21 ecosystem in ocean waters or coastal waters to sup22 port and maintain patterns, important processes, 

23 and productive, sustainable, and resilient commu24 nities of organisms, having a species composition, di25 versity, and functional organization resulting from 


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1 the natural habitat of the region, such that it is ca2 pable of supporting a variety of activities and pro3 vides a complete range of ecological benefits includ4 ing— 

5 (A) a complete diversity of native species 

6 and habitats wherein each native species is able 

7 to maintain an abundance, population struc8 ture, and distribution supporting its ecological 

9 and evolutionary functions, patterns, and proc10 esses; and 

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

12 microbial environment that is supportive of the 

13 requirements of this paragraph. 

14 (12) NATIONAL OCEAN POLICY.—The term 

15 ‘‘National Ocean Policy’’means the policy set forth 

16 in section 101(a). 

17 (13) OCEAN REGION.—The term ‘‘ocean re18 gion’’ means such a region designated under section 

19 301(c). 

20 (14) OCEAN RESOURCES.—The term ‘‘ocean 

21 resources’’means any living, nonliving, or cultural 

22 amenities in ocean waters or coastal waters. 

23 (15) OCEAN WATERS.—The term ‘‘ocean 

24 waters’’means the zone extending from the baseline 

25 from which the breadth of the United States terriVerDate Nov 24 2008 03:10 Jan 08, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H21.IH H21

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1 torial sea is measured to the extent of the Exclusive 

2 Economic Zone as specified in Presidential Procla3 mation Number 5030, dated March 10, 1983, in4 cluding the territorial waters of the Great Lakes and 

5 the waters of the continental shelf to which the 

6 United States is granted sovereign rights under 

7 international law. 

8 TITLE I—NATIONAL OCEAN 

9 GOVERNANCE 

10 SEC. 101. NATIONAL OCEAN POLICY AND PRINCIPLES. 

11 (a) NATIONAL OCEAN POLICY.— 

12 (1) IN GENERAL.—It is the policy of the United 

13 States to protect, maintain, and restore marine eco14 system health in order to fulfill the ecological, eco15 nomic, educational, social, cultural, nutritional, rec16 reational, and other requirements of current and fu17 ture generations of Americans. 

18 (2) PRINCIPLES.—The National Ocean Policy 

19 shall be implemented in accordance with the fol20 lowing principles: 

21 (A) Policies, programs, and activities 

22 should minimize negative environmental im23 pacts to ocean waters, coastal waters, and 

24 ocean resources and be conducted so that by 

25 themselves or cumulatively they do not underVerDate Nov 24 2008 03:10 Jan 08, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H21.IH H21

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1 mine efforts to protect, maintain, and restore 

2 marine ecosystem health. 

3 (B) Ocean waters, coastal waters, and 

4 ocean resources should be managed to meet the 

5 needs of the present generation without com6 promising the ability of future generations to 

7 meet their needs. 

8 (C) Ocean waters, coastal waters, and 

9 ocean resources should be managed using eco10 system-based management. 

11 (D) The lack of scientific certainty should 

12 not be used as justification for postponing ac13 tion to prevent negative environmental impacts. 

14 In cases in which significant threats to marine 

15 ecosystem health exist, the best of the available 

16 science should be used to manage ocean waters, 

17 coastal waters, and ocean resources in a man18 ner that gives the greatest weight to the protec19 tion, maintenance, and restoration of marine 

20 ecosystem health. 

21 (E) Policies, programs, and activities rec22 ognize the interconnectedness of the land, at23 mosphere including climate, and oceans includ24 ing ocean waters, coastal waters, and ocean re25 sources, and should recognize that actions afVerDate Nov 24 2008 03:10 Jan 08, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H21.IH H21

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1 fecting one of these, such as the climate, are 

2 likely to affect another, such as ocean re3 sources. 

4 (F) Potential uses of ocean waters, coastal 

5 waters, and ocean resources should be managed 

6 in a way that balances competing uses and does 

7 not undermine efforts to protect, maintain, and 

8 restore marine ecosystem health. 

9 (b) IMPLEMENTATION.— 

10 (1) REQUIREMENT.—To the fullest extent pos11 sible and to the extent not inconsistent with other 

12 laws, each Federal agency shall interpret and admin13 ister policies, regulations and laws in accordance 

14 with the National Ocean Policy. 

15 (2) GUIDANCE.— 

16 (A) IN GENERAL.—Not later than 1 year 

17 after the date of the enactment of this Act, the 

18 National Ocean Advisor shall develop and issue 

19 guidance, consistent with the National Ocean 

20 Policy, for the development of Federal agency 

21 regulations to implement the National Ocean 

22 Policy. 

23 (B) PUBLIC PARTICIPATION.—The Na24 tional Ocean Advisor shall provide adequate op25 portunity for public comment and review during 


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1 the development of the guidance under subpara2 graph (A). 

3 (c) AGENCY ACTIONS.— 

4 (1) REGULATIONS.— 

5 (A) IN GENERAL.—Within 2 years after 

6 the issuance of the guidance under subsection 

7 (b)(2), each Federal agency shall issue new or 

8 revised regulations as necessary to ensure con9 sistency with the National Ocean Policy for ac10 tions undertaken, authorized, or funded by the 

11 agency that may significantly affect ocean wa12 ters, coastal waters, or ocean resources. 

13 (B) PUBLIC COMMENT.—The head of each 

14 Federal agency shall— 

15 (i) publish proposed regulations under 

16 this subsection in the Federal Register; 

17 and 

18 (ii) provide a period for public com19 ment of not less than 60 days before final 

20 regulations are published under this sub21 section. 

22 (2) REVIEW.—Within 1 year after the issuance 

23 of the guidance under subsection (b)(2), each Fed24 eral agency, shall— 


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1 (A) conduct a review of the existing poli2 cies, regulations, and laws that apply to the 

3 agency and identify any inconsistencies that 

4 preclude the agency from fully implementing 

5 the National Ocean Policy; and 

6 (B) submit to the Committee on Ocean 

7 Policy, the Committee on Natural Resources of 

8 the House of Representatives, and the Com9 mittee on Commerce, Science, and Transpor10 tation of the Senate a report on such review 

11 that includes proposals as may be necessary to 

12 eliminate such inconsistencies. 

13 SEC. 102. NATIONAL OCEAN ADVISOR. 

14 (a) ESTABLISHMENT.— 

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

16 Executive Office of the President a National Ocean 

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

18 and with the advice and consent of the Senate, and 

19 shall not be an employee of any Federal agency rep20 resented on the Committee on Ocean Policy. 

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

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

23 rate payable for level V of the Executive Schedule 

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


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1 (3) QUALIFICATIONS.—The individual ap2 pointed as the Advisor must be a person who, as a 

3 result of his or her training, experience, and attain4 ments, is well qualified— 

5 (A) to analyze and interpret marine eco6 system trends and all relevant information re7 lated to such trends; 

8 (B) to appraise programs and activities of 

9 the Federal Government in light of the National 

10 Ocean Policy; and 

11 (C) to formulate and recommend actions 

12 and decisions to promote marine ecosystem 

13 health. 

14 (b) FUNCTIONS.—The Advisor shall— 

15 (1) advise the President on implementation of 

16 this Act, activities of the Committee on Ocean Pol17 icy, and other matters relating to ocean waters, 

18 coastal waters, ocean resources, and maintaining 

19 marine ecosystem health; 

20 (2) serve as the chair of the Committee on 

21 Ocean Policy established by section 103; 

22 (3) lead efforts to coordinate Federal agency 

23 actions to implement the National Ocean Policy; 

24 (4) establish a process, in consultation with the 

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1 agency disputes and advise Federal agencies as re2 quested regarding the implementation of the Na3 tional Ocean Policy; and 

4 (5) develop, issue, and revise as needed, the 

5 guidance required under section 101(b)(2). 

6 (c) STAFFING.— 

7 (1) STAFF.—The Advisor may employ such 

8 staff as may be necessary to carry out his or her 

9 functions under this Act. 

10 (2) UNCOMPENSATED SERVICES.—The Advisor 

11 may accept, utilize, and terminate voluntary and un12 compensated services in furtherance of his or her 

13 functions. 

14 SEC. 103. COMMITTEE ON OCEAN POLICY. 

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

16 Executive Office of the President a Committee on Ocean 

17 Policy, which succeeds the Committee on Ocean Policy es18 tablished on December 17, 2004, by Executive Order 

19 13366 and shall continue the activities of that committee 

20 as it was in existence on the day before the date of enact21 ment of this Act unless otherwise stated by this Act. 

22 (b) FUNCTIONS.—The Committee shall— 

23 (1) within 2 years after the date of enactment 

24 of this Act, review and appraise the various laws, 

25 programs, and activities of the Federal Government 


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1 for consistency with the National Ocean Policy, de2 termine whether existing Federal agencies’ authori3 ties are adequate to implement the National Ocean 

4 Policy, and prepare recommendations regarding any 

5 resources or new authorities that are needed for that 

6 implementation; 

7 (2) review and prepare recommendations re8 garding agency ocean budgets and their sufficiency 

9 to achieve the National Ocean Policy; 

10 (3) obtain and provide information to facilitate 

11 and advance the efforts of Regional Ocean Partner12 ships in accordance with title III; and 

13 (4) facilitate coordination and integration of 

14 Federal activities in ocean waters and coastal waters 

15 and develop, and update as needed, a coordination 

16 plan in accordance with section 104. 

17 (c) CHAIR.—The National Ocean Advisor shall be the 

18 Chair of the Committee, and shall, in that capacity, be 

19 responsible for— 

20 (1) regularly convening and presiding at meet21 ings of the Committee; 

22 (2) directing the work of the Committee; and 

23 (3) establishing and directing subcommittees of 

24 the Committee, as appropriate. 

25 (d) MEMBERSHIP.— 


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

2 the following voting members: 

3 (A) The Secretary of Commerce. 

4 (B) The Secretary of State. 

5 (C) The Secretary of the Interior. 

6 (D) The Secretary of Defense. 

7 (E) The Secretary of Agriculture. 

8 (F) The Secretary of Transportation. 

9 (G) The Secretary of Homeland Security. 

10 (H) The Secretary of Energy. 

11 (I) The Administrator of the Environ12 mental Protection Agency. 

13 (J) The Director of the Office of Manage14 ment and Budget. 

15 (K) The Director of the National Science 

16 Foundation. 

17 (L) Six State Governors appointed by the 

18 National Governors Association, who shall rep19 resent State and local interests. 

20 (M) The Administrator of the National 

21 Aeronautics and Space Administration. 

22 (N) The Chair of the Council on Environ23 mental Quality. 

24 (2) DELEGATION.—A member of the Com25 mittee may delegate the authority to perform the 


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1 Committee or subcommittee functions of the mem2 ber, to any individual who is employed by such mem3 ber’s department, agency, or office and who is— 

4 (A) an officer of the United States ap5 pointed by the President; 

6 (B) a member of the Senior Executive 

7 Service; or 

8 (C) an officer or employee within the Exec9 utive Office of the President. 

10 (3) STATE GOVERNOR MEMBERS.— 

11 (A) REQUIREMENT.—The members ap12 pointed under paragraph (1)(L) shall be chosen 

13 to provide broad geographical representation. 

14 Of those members, at least 4 shall be Governors 

15 of coastal States. 

16 (B) LIMITATION ON APPOINTMENT.—A 

17 Governor of a State may not be appointed 

18 under paragraph (1)(L) to serve on the Com19 mittee in the 4-year period following the prior 

20 service on the Committee by a Governor of that 

21 State. 

22 (C) TERM; REAPPOINTMENT.—A member 

23 appointed under paragraph (1)(L)— 

24 (i) shall be appointed for a term of 4 

25 years; and 


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1 (ii) shall be eligible for reappointment 

2 consistent with subparagraph (B). 

3 (D) REPLACEMENT.—Any member who 

4 cannot serve the full length of the member’s 

5 term may be replaced by another individual who 

6 can serve the remainder of that term. 

7 (e) SUBCOMMITTEES.—The Chair of the Committee, 

8 in consultation with the Administrator, may create such 

9 subcommittees of the Committee as necessary to help 

10 carry out the functions of the Committee. 

11 (f) COORDINATION.—The Chair of the Council on 

12 Environmental Quality and the National Ocean Advisor 

13 shall ensure appropriate coordination of the activities of 

14 the Committee and other policy coordination structures re15 lating to ocean or maritime issues. 

16 (g) STAFF.— 

17 (1) IN GENERAL.—The Chair may employ such 

18 employees as may be necessary to carry out the 

19 functions of the Committee under this Act. 

20 (2) VOLUNTARY AND UNCOMPENSATED SERV21 ICES.—The Chair may accept, utilize, and terminate 

22 voluntary and uncompensated services in furtherance 

23 of the functions of the Committee. 

24 (h) INFORMATION.—In carrying out its functions 

25 under this Act, the Committee may secure directly from 


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1 any 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 shall 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 (i) FEDERAL ADVISORY COMMITTEE ACT.— 

9 (1) IN GENERAL.—The Federal Advisory Com10 mittee Act (5 U.S.C. App.) shall not apply to the 

11 Committee on Ocean Policy, or any of its sub12 committees formed in accordance with subsection 

13 (e). 

14 (2) COMPLIANCE.—Notwithstanding paragraph 

15 (1), the Committee and its subcommittees shall be 

16 appointed and operate in a manner consistent with 

17 all provisions of the Federal Advisory Committee Act 

18 with respect to— 

19 (A) the balance of its membership; 

20 (B) provision of public notice regarding its 

21 activities; 

22 (C) open meetings; and 

23 (D) public access to documents created by 

24 the Committee. 


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1 SEC. 104. COORDINATION PLAN. 

2 (a) COORDINATION PLAN.—The Committee on Ocean 

3 Policy shall submit to the Congress by not later than 2 

4 years after the date of the enactment of this Act, a plan 

5 for coordinating Federal activities in ocean waters and 

6 coastal waters that— 

7 (1) is consistent with the National Ocean Pol8 icy; 

9 (2) designates a lead Federal agency for each 

10 existing activity and new activity in Federal waters 

11 and identifies a process for coordination of such ac12 tivities among agencies; 

13 (3) identifies the process by which Federal 

14 agencies will coordinate with and participate in the 

15 Regional Ocean Partnerships established under title 

16 III and establishes Federal regional ocean partner17 ship teams to participate in that process; 

18 (4) considers possible consolidation of oceanic 

19 or atmospheric programs, functions, services, or re20 sources within or among Federal agencies, if their 

21 consolidation would not undermine the National 

22 Ocean Policy; 

23 (5) includes recommendations prepared under 

24 section 103(b)(1) for any resources or new authori25 ties that Federal agencies may need to implement 

26 the National Ocean Policy; 


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1 (6) includes recommendations prepared under 

2 section 103(b)(2) regarding agency ocean budgets 

3 and their sufficiency to achieve the National Ocean 

4 Policy; and 

5 (7) includes a report on the condition of ocean 

6 waters, coastal waters, and ocean resources and the 

7 progress toward meeting the goals of the National 

8 Ocean Policy. 

9 (b) REVIEW AND UPDATE.—The Committee on 

10 Ocean Policy shall review and update the coordination 

11 plan as needed, but at least every 6 years. 

12 SEC. 105. COUNCIL OF ADVISORS ON OCEAN POLICY. 

13 (a) ESTABLISHMENT.—There is established the 

14 Council of Advisors on Ocean Policy, which shall advise 

15 the President on policies to protect, maintain, and restore 

16 marine ecosystem health on a regional and national basis. 

17 (b) CHAIR.—The President shall designate a non18 Federal member of the Council to serve as Chair of the 

19 Council. The term of the Chair shall be 4 years. The Chair 

20 shall be responsible for— 

21 (1) convening meetings at least two times a 

22 year; and 

23 (2) directing the work of the Council. 

24 (c) MEMBERSHIP.—The Council shall have at least 

25 20 members appointed by the President, in consultation 


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1 with the National Ocean Advisor (who shall serve as an 

2 ex officio member of the Council). Such members of the 

3 Council shall— 

4 (1) be appointed based on their knowledge and 

5 experience in coastal, ocean, and atmospheric 

6 science, policy, and other related areas; and 

7 (2) include at least 1 representative from— 

8 (A) local governments; 

9 (B) Indian tribes; 

10 (C) the marine science research commu11 nity; 

12 (D) the marine science education commu13 nity; 

14 (E) the commercial fishing sector; 

15 (F) the commercial seafood sector; 

16 (G) the recreational fishing sector; 

17 (H) the energy development, the shipping 

18 and transportation, and the marine tourism in19 dustries; 

20 (I) agriculture, which may include timber; 

21 (J) watershed organizations (other than 

22 organizations represented under subparagraph 

23 (J)), which may include resource conservation 

24 districts; and 


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1 (K) nongovernmental organizations (other 

2 than organizations represented under subpara3 graph (I)), including groups interested in ma4 rine conservation. 

5 (d) TERMS OF MEMBERSHIP.— 

6 (1) IN GENERAL.—The term of a member of 

7 the Council shall be 4 years. 

8 (2) INITIAL APPOINTEES.—Of the members ini9 tially appointed to the Council— 

10 (A) at least one-half shall be appointed to 

11 a 4-year term that ends in a Federal election 

12 year in which there occurs an election of the 

13 President; and 

14 (B) at least one-half shall be appointed to 

15 a 4-year term that ends in a Federal election 

16 year in which there does not occur an election 

17 of the President. 

18 (3) VACANCIES.—Any member appointed to fill 

19 a vacancy occurring before the expiration of the 

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

22 that term. 

23 (4) LIMITATION.—An individual may not serve 

24 more than 2 terms as a member of the Council. 


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1 (e) COMPENSATION AND EXPENSES.—A member of 

2 the Council shall not receive compensation for service on 

3 the Council, but upon request by the member may be al4 lowed travel expenses, including per diem in lieu of sub5 sistence, in accordance with subchapter I of chapter 57 

6 of title 5, United States Code. 

7 (f) FEDERAL ADVISORY COMMITTEE ACT.— 

8 (1) IN GENERAL.—The Federal Advisory Com9 mittee Act (5 U.S.C. App.) shall not apply to the 

10 Council. 

11 (2) COMPLIANCE.—Notwithstanding paragraph 

12 (1), the Council shall be appointed and operate in a 

13 manner consistent with all provisions of the Federal 

14 Advisory Committee Act with respect to— 

15 (A) the balance of its membership; 

16 (B) provision of public notice regarding its 

17 activities; 

18 (C) open meetings; and 

19 (D) public access to documents created by 

20 the Council. 


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1 TITLE II—NATIONAL OCEANIC 

2 AND ATMOSPHERIC ADMINIS3 TRATION ORGANIC ACT 

4 SEC. 201. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN5 ISTRATION. 

6 (a) IN GENERAL.—The National Oceanic and Atmos7 pheric Administration, as in effect immediately before the 

8 enactment of this Act, shall be an administration in the 

9 Department of Commerce. Except as otherwise provided 

10 in this Act (including the amendments and repeals made 

11 by this Act)— 

12 (1) the Administration shall have the adminis13 trative structure, officers, functions, and authorities 

14 it had immediately before the enactment of this Act, 

15 including under Reorganization Plan No. 4 of 1970 

16 (5 U.S.C. App.); and 

17 (2) the Administrator shall have the authority, 

18 subject to the availability of appropriations— 

19 (A) to create, support, and maintain joint 

20 centers, and to enter into and perform con21 tracts, leases, grants, or cooperative agreements 

22 on terms the Administrator considers appro23 priate; 


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1 (B) to disseminate information and con2 duct education and outreach in direct support 

3 of the purposes of this Act; and 

4 (C) to accept interagency financing of 

5 boards or similar groups to carry out inter6 agency activities for which the Administration 

7 serves as a lead agency. 

8 (b) MISSION.—The Administration shall be the civil9 ian agency of the Federal Government principally respon10 sible for— 

11 (1) providing to the Nation oceanic, weather, 

12 atmospheric, and climate services and research; 

13 (2) monitoring changes in the earth’s environ14 ment; and 

15 (3) conducting and supporting research, con16 servation, management, education and outreach re17 garding ocean and coastal resources, weather, and 

18 climate. 

19 SEC. 202. FUNCTIONS. 

20 (a) IN GENERAL.—The Administrator shall perform 

21 the following functions to carry out the mission set forth 

22 in section 201(b) in a coordinated, integrated, and eco23 system-based manner for the benefit of the Nation: 

24 (1) Management, conservation, protection, and 

25 restoration of ocean and coastal resources, including 


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1 living marine resources, habitats, maritime heritage 

2 resources, and ocean ecosystems. 

3 (2) Observation, monitoring, assessment, fore4 casting, prediction, operations, and exploration for 

5 ocean, coastal, and atmospheric environments in6 cluding weather, space weather, climate, navigation, 

7 and marine resources. 

8 (3) Research, education and outreach, develop9 ment of hydrographic products and services, tech10 nical assistance, technology development, and inno11 vation activities relating to ocean and atmospheric 

12 environments including basic and applied scientific 

13 research and activities that support other agency 

14 functions and missions. 

15 (b) STATE AND FEDERAL COORDINATION.—The Ad16 ministrator shall ensure that Administration programs 

17 and activities collaborate with State and Federal programs 

18 to encourage cooperation, coordination, and integration of 

19 State and Federal coastal, oceanic, and atmospheric pro20 grams, including the planning and implementation of re21 gional and ecosystem-based activities. 

22 (c) INTERNATIONAL COORDINATION.— 

23 (1) COOPERATION BY ADMINISTRATOR.—The 

24 Administrator shall cooperate to the fullest extent 

25 practicable with the Secretary of State in providing 


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1 representation at all meetings and conferences relat2 ing to actions or activities described in this Act in 

3 which representatives of the United States and for4 eign countries participate. 

5 (2) CONSULTATION WITH ADMINISTRATOR.— 

6 The Secretary of State and any other officer of the 

7 United States with responsibility for agreements, 

8 treaties, or understandings with foreign nations and 

9 international organizations shall consult with the 

10 Administrator whenever the subject matter or activ11 ity involved relates to a function of the Adminis12 trator. 

13 (3) AUTHORITY OF SECRETARY OF COMMERCE

14 NOT AFFECTED.—This subsection does not affect 

15 the authority of the Secretary of Commerce with re16 spect to international fishing agreements. 

17 (d) PARTNERSHIPS.—The Administrator may pro18 mote, support, and enter into agreements with academia, 

19 industry, conservation groups, educators, and other inter20 ested persons to improve the effectiveness of Administra21 tion programs and activities and enhance public awareness 

22 and understanding of Administration science, service, and 

23 stewardship missions. 


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1 SEC. 203. ADMINISTRATION LEADERSHIP. 

2 (a) UNDER SECRETARY OF COMMERCE FOR OCEANS

3 AND ATMOSPHERE AND ADMINISTRATOR.— 

4 (1) IN GENERAL.—There shall be, as the Ad5 ministrator and head of the Administration, an 

6 Under Secretary of Commerce for Oceans and At7 mosphere. The Administrator shall be appointed by 

8 the President, by and with the advice and consent 

9 of the Senate. 

10 (2) FUNCTIONS.—The Administrator, as head 

11 of the Administration, shall be responsible for— 

12 (A) the functions under section 202(a); 

13 (B) general management and supervision 

14 of the operations of the Administration; 

15 (C) policy development and guidance; 

16 (D) formulation, guidance, and execution 

17 of budget for the Administration; 

18 (E) serving as the Department of Com19 merce official for all ocean and atmosphere 

20 issues with other elements of the Department of 

21 Commerce and with other Federal agencies, 

22 State, tribal, and local governments, and the 

23 public; and 

24 (F) such other duties with respect to the 

25 Administration as the Secretary may prescribe. 


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1 (b) ASSISTANT SECRETARY OF COMMERCE FOR

2 OCEANS AND ATMOSPHERE AND DEPUTY ADMINIS3 TRATOR.— 

4 (1) IN GENERAL.—There shall be, as Deputy 

5 Administrator of the Administration, an Assistant 

6 Secretary of Commerce for Oceans and Atmosphere. 

7 The Deputy Administrator shall be appointed by the 

8 President, by and with the advice and consent of the 

9 Senate. The Deputy Administrator shall be the Ad10 ministrator’s first assistant for purposes of sub11 chapter III of chapter 33 of title 5, United States 

12 Code. 

13 (2) FUNCTIONS.—The Deputy Administrator 

14 shall— 

15 (A) serve as an advisor to the Adminis16 trator on all program and policy issues; 

17 (B) perform such functions and exercise 

18 such powers as the Administrator may pre19 scribe; and 

20 (C) act as Administrator during the ab21 sence or disability of the Administrator or in 

22 the event of a vacancy in the office of Adminis23 trator. 


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1 (c) DEPUTY UNDER SECRETARY OF COMMERCE FOR

2 OCEANS AND ATMOSPHERE AND CHIEF OPERATING OF3 FICER.— 

4 (1) IN GENERAL.—There shall, be as the Chief 

5 Operating Officer of the Administration, a Deputy 

6 Under Secretary of Commerce for Oceans and At7 mosphere. The Deputy Under Secretary shall be ap8 pointed by the Secretary. The position of Deputy 

9 Under Secretary shall be a Senior Executive Service 

10 position authorized under section 3133 of title 5, 

11 United States Code. 

12 (2) FUNCTIONS.—The Deputy Under Secretary 

13 shall— 

14 (A) ensure the timely and effective imple15 mentation of Administration policies and objec16 tives; 

17 (B) be responsible for all aspects of the 

18 Administration’s operations and management, 

19 including budget, financial operations, informa20 tion services, facilities, human resources, pro21 curements, and associated services; 

22 (C) act as the Assistant Secretary during 

23 the absence or disability of the Assistant Sec24 retary or in the event of a vacancy in such posi25 tion; and 


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1 (D) perform such other duties as the Ad2 ministrator shall prescribe. 

3 (d) DEPUTY ASSISTANT SECRETARIES.— 

4 (1) IN GENERAL.—There shall be in the Admin5 istration three Deputy Assistant Secretaries. 

6 (2) FUNCTIONS.—The Secretary shall— 

7 (A) designate the functions of each Deputy 

8 Assistant Secretary; and 

9 (B) assign to each Deputy Assistant Sec10 retary one of the functions under paragraphs 

11 (1), (2), and (3) of section 202(a). 

12 (3) QUALIFICATIONS.—The Deputy Assistant 

13 Secretaries shall be appointed by the Secretary from 

14 among individuals who are qualified by reason of 

15 background and experience to direct the implementa16 tion and administration of the functions for which 

17 they are responsible. The positions of Deputy Assist18 ant Secretaries shall be Senior Executive Service po19 sitions authorized under section 3133 of title 5, 

20 United States Code. 

21 (e) GENERAL COUNSEL.— 

22 (1) IN GENERAL.—There shall be in the Admin23 istration a General Counsel. The General Counsel 

24 shall be appointed by the Secretary. The General 


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1 Counsel shall be paid at the rate of basic pay for 

2 level V of the Executive Schedule. 

3 (2) FUNCTIONS.—The General Counsel shall— 

4 (A) serve as the chief legal officer of the 

5 Administration for all legal matters that arise 

6 in connection with the conduct of the functions 

7 of the Administration; and 

8 (B) perform such other functions and exer9 cise such powers as the Administrator may pre10 scribe. 

11 (f) ADDITIONAL POSITIONS.—The Administrator 

12 may appoint individuals to such additional positions in the 

13 Administration as may be appropriate to reflect any re14 structuring of the Administration. 

15 (g) CONFORMING AMENDMENTS TO REORGANIZA16 TION PLAN.— 

17 (1) REORGANIZATION PLAN NO. 4 OF 1970.—Re18 organization Plan No. 4 of 1970 (5 U.S.C. App.) is 

19 amended— 

20 (A) in section 1, by adding at the end the 

21 following: 

22 ‘‘(g) The functions vested in the Secretary of the In23 terior and the Secretaries by the Act of June 8 1906, (16 

24 U.S.C. 433 et seq.), popularly known as the Antiques Act 


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1 of 1906, relating to national monuments comprised of 

2 ocean or coastal resources.’’; and 

3 (B) in section 2, by striking subsection (e). 

4 (2) TITLE 5, U.S.C.—Section 5316 of title 5, 

5 United States Code, is amended by striking ‘‘Assist6 ant Administrator for Coastal Zone Management,’’ 

7 and all that follows through ‘‘Assistant Administra8 tors (3), National Oceanic and Atmospheric Admin9 istration.’’. 

10 SEC. 204. NATIONAL WEATHER SERVICE. 

11 (a) IN GENERAL.—There shall be in the Administra12 tion the National Weather Service. 

13 (b) MISSION.—The mission of the National Weather 

14 Service is to provide weather, water, climate, tsunami, and 

15 space weather forecasts and warnings for the United 

16 States, its territories, adjacent waters, and ocean areas for 

17 the protection of life and property and the enhancement 

18 of the national economy. In carrying out the mission of 

19 the National Weather Service, the Administrator shall 

20 seek to ensure that the National Weather Service— 

21 (1) provides timely and accurate weather, 

22 water, climate, tsunami, and space weather fore23 casts; and 


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1 (2) provides timely and accurate warnings of 

2 natural hazards related to weather, water, climate, 

3 and tsunamis, and of space weather hazards. 

4 (c) FUNCTIONS.—To accomplish the mission de5 scribed in section 201(b), and in addition to the functions 

6 described in section 202(a), the functions of the National 

7 Weather Service shall include— 

8 (1) maintaining a network of local weather fore9 cast offices; 

10 (2) maintaining a network of observation sys11 tems to collect weather, water, and climate data; 

12 (3) operating national centers to deliver guid13 ance, forecasts, warnings, and analysis about weath14 er, water, climate, tsunami, and space weather phe15 nomena for use by the Administration and the pub16 lic; 

17 (4) providing information to Federal, State, and 

18 local agencies and other organizations responsible 

19 for emergency preparedness and response; 

20 (5) conducting and supporting applied research 

21 to facilitate the rapid incorporation of weather and 

22 climate science advances into operational tools; and 

23 (6) other functions to serve the mission of the 

24 National Weather Service described in subsection 

25 (b). 


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1 SEC. 205. SCIENCE ADVISORY BOARD. 

2 There shall be within the Administration a Science 

3 Advisory Board, in accordance with the document entitled 

4 ‘‘U.S. Department of Commerce Charter of the NOAA 

5 Science Advisory Board’’, dated August 9, 2005. 

6 SEC. 206. RESTRUCTURING PLAN. 

7 (a) IN GENERAL.—The Administrator shall develop 

8 a plan and budget setting forth a proposal for restruc9 turing the Administration and its programs, as they ex10 isted immediately before enactment of this title, that im11 plement this title, are consistent with section 101, and 

12 consider the recommendations of the U.S. Commission on 

13 Ocean Policy so as to provide improved services to the Na14 tion. 

15 (b) CONTENT.—The plan shall— 

16 (1) describe leadership positions and roles, and 

17 program offices and duties; 

18 (2) consider— 

19 (A) regional approaches to management 

20 and ecosystem-based management; 

21 (B) coordination with outside entities, both 

22 nationally and internationally; and 

23 (C) needs to expand or downsize employees 

24 or facilities (or both); 

25 (3) be consistent with section 202 and the other 

26 provisions of this Act, and maximize the efficiency 


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1 with which the Administration carries out and 

2 assures the effectiveness of the functions of the Ad3 ministrator described in section 202(a); 

4 (4) improve the sharing of research and other 

5 information and the compilation of available data, 

6 that is of use across programmatic themes; and 

7 (5) to the maximum extent practicable, elimi8 nate duplication of effort or overlapping efforts 

9 among offices. 

10 (c) CONSULTATION.—The Administrator shall de11 velop the plan in consultation with interested persons, in12 cluding representatives of the States, academia, industry, 

13 conservation organizations, and labor organizations cer14 tified as the exclusive representatives of Administration 

15 employees pursuant to chapter 71 of title 5, United States 

16 Code. 

17 (d) SCHEDULE.— 

18 (1) IN GENERAL.—Not later than 18 months 

19 after the date of enactment of this Act, the Adminis20 trator shall develop the plan and shall publish the 

21 plan in the Federal Register. 

22 (2) PUBLIC COMMENT.—The Federal Register 

23 notice shall solicit comments for a period of 60 days. 

24 (3) FINAL PLAN.—Not later than 120 days 

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1 scribed in paragraph (2), the Administrator shall 

2 complete a final plan that takes into account the 

3 comments received. 

4 (4) TRANSMITTAL.—Upon completing the final 

5 plan, the Administrator shall— 

6 (A) transmit the final plan, and an expla7 nation of how the Administrator addressed each 

8 issue raised by the public comments received, to 

9 the Committee on Commerce, Science, and 

10 Transportation of the Senate and the Commit11 tees on Science and on Natural Resources of 

12 the House of Representatives for review; and 

13 (B) publish the final plan and explanation 

14 in the Federal Register. 

15 (e) REPORTING.— 

16 (1) ADMINISTRATION INTERNAL REVIEW.— 

17 Once every 3 years after implementation of the reor18 ganization plan, the Administrator shall transmit a 

19 report to Congress assessing the effectiveness and 

20 efficiency of the Administration in carrying out its 

21 functions and fulfilling its mission, as set forth in 

22 sections 201(b). 

23 (2) GOVERNMENT ACCOUNTABILITY OFFICE RE24 VIEW.—Not later than 3 years after the Administra25 tion implements the reorganization plan, and every 


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1 6 years thereafter, the Comptroller General of the 

2 United States shall conduct an independent review 

3 of the effectiveness and efficiency of the Administra4 tion in fulfilling its mission, as set forth in section 

5 201(b), and carrying out the functions set forth in 

6 section 202. Upon completing the review, the Comp7 troller General shall transmit a report to Congress 

8 with his or her findings. 

9 SEC. 207. REPROGRAMMING REQUESTS. 

10 Whenever the Administrator transmits a budget re11 programming request to the Appropriations Committees 

12 of the House of Representatives and the Senate, the Ad13 ministrator shall simultaneously submit a copy of the re14 quest to the Committee on Science and the Committee on 

15 Natural Resources of the House of Representatives and 

16 the Committee on Commerce, Science, and Transportation 

17 of the Senate. 

18 SEC. 208. SAVINGS PROVISIONS. 

19 Except as otherwise provided in this Act, all rules and 

20 regulations, determinations, standards, contracts, certifi21 cations, authorizations, appointments, delegations, results 

22 and findings of investigations, and other actions duly 

23 issued, made, or taken by or pursuant to or under the 

24 authority of any statute that resulted in the assignment 

25 of functions or activities to the Secretary of Commerce, 


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1 the Department of Commerce, the Under Secretary of 

2 Commerce for Oceans and Atmosphere, or any other offi3 cial of the National Oceanic and Atmospheric Administra4 tion, as are in effect immediately before the enactment of 

5 this Act, shall continue in full force and effect after enact6 ment of this Act until modified or rescinded. 

7 SEC. 209. REPORT. 

8 Not later than 1 year after the date of the enactment 

9 of this Act, the Administrator shall submit a report to the 

10 Congress on the implementation of this Act, including 

11 such recommendations as the Administrator considers ap12 propriate regarding changes to existing law (including 

13 granting of additional authority to the Administrator). 

14 SEC. 210. FUNCTION DEFINED. 

15 In this title the term ‘‘function’’ includes authorities, 

16 powers, rights, privileges, immunities, programs, projects, 

17 activities, duties, and responsibilities. 

18 TITLE III—REGIONAL 

19 COORDINATION AND PLANNING 

20 SEC. 301. REGIONAL OCEAN COORDINATION. 

21 (a) IN GENERAL.—The purpose of this title is to pro22 mote coordinated regional efforts to further the implemen23 tation of the National Ocean Policy through— 

24 (1) the designation of distinct ocean regions; 

25 and 


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1 (2) the establishment of regional ocean partner2 ships, and the development and implementation of 

3 regional ocean strategic plans. 

4 (b) OBJECTIVES OF REGIONAL EFFORTS.—Such re5 gional efforts shall achieve the following: 

6 (1) Provide for more systematic communication, 

7 coordination, and alignment of State and Federal 

8 governmental authorities and programs with the 

9 size, scale, and characteristics of regional marine 

10 ecosystems while recognizing regional economic and 

11 social patterns. 

12 (2) Build on and improve existing regional pro13 grams and initiatives and foster the creation of new 

14 regional efforts in areas where effective interstate 

15 and Federal cooperative efforts are currently lack16 ing. 

17 (3) Provide for regional and subregional ocean 

18 assessments, based on the best available science, to 

19 determine status and trends and to provide the in20 formation needed to improve management decisions. 

21 (4) Identify shared State and Federal priority 

22 issues and address them in a collaborative and co23 ordinated way based on existing legal authorities. 

24 (5) Improve integration of government efforts 

25 and maximize government efficiency. 


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1 (6) Identify and provide data and information 

2 needed by the Regional Ocean Partnerships estab3 lished under section 302. 

4 (7) Provide for opportunities for public input on 

5 regional priorities and plans and for improved cit6 izen and community stewardship of ocean waters, 

7 coastal waters, and ocean resources. 

8 (c) REGIONS.— 

9 (1) DESIGNATION.—There are hereby des10 ignated the following ocean regions: 

11 (A) NORTH PACIFIC OCEAN REGION.—The 

12 North Pacific Ocean Region, which shall consist 

13 of the coastal zone (as defined in section 304 

14 of the Coastal Zone Management Act of 1972 

15 (16 U.S.C. 1453) and watershed areas of the 

16 State of Alaska that have a significant impact 

17 on coastal waters of the State of Alaska sea18 ward to the extent of the Exclusive Economic 

19 Zone as specified in Presidential Proclamation 

20 Number 5030, dated March 10, 1983. 

21 (B) PACIFIC OCEAN REGION.—The Pacific 

22 Ocean Region, which shall consist of the coastal 

23 zone (as defined in section 304 of the Coastal 

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

25 1453)) and watershed areas of the States that 


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1 have a significant impact on coastal waters of 

2 the States of Washington, Oregon, and Cali3 fornia seaward to the extent of the Exclusive 

4 Economic Zone as specified in Presidential 

5 Proclamation Number 5030, dated March 10, 

6 1983. 

7 (C) WESTERN PACIFIC OCEAN REGION.— 

8 The Western Pacific Ocean Region, which shall 

9 consist of the coastal zone (as defined in section 

10 304 of the Coastal Zone Management Act of 

11 1972 (16 U.S.C. 1453) of the States of Hawaii, 

12 Guam, American Samoa, and the Northern 

13 Mariana Islands seaward to the extent of the 

14 Exclusive Economic Zone as specified in Presi15 dential Proclamation Number 5030, dated 

16 March 10, 1983, including the territorial waters 

17 of the Commonwealths, territories, and posses18 sions of the United States in the Pacific Ocean. 

19 (D) GULF OF MEXICO OCEAN REGION.— 

20 The Gulf of Mexico Ocean Region, which shall 

21 consist of the coastal zone (as defined in section 

22 304 of the Coastal Zone Management Act of 

23 1972 (16 U.S.C. 1453)) and watershed areas of 

24 the States that have a significant impact on 

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1 isiana, Mississippi, Alabama, and Florida sea2 ward to the extent of the Exclusive Economic 

3 Zone as specified in Presidential Proclamation 

4 Number 5030, dated March 10, 1983. 

5 (E) CARIBBEAN OCEAN REGION.—The 

6 Caribbean Ocean Region, which shall consist of 

7 the coastal zone (as defined in section 304 of 

8 the Coastal Zone Management Act of 1972 (16 

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

10 States that have a significant impact on coastal 

11 waters of the Virgin Islands and the Common12 wealth of Puerto Rico seaward to the extent of 

13 the Exclusive Economic Zone as specified in 

14 Presidential Proclamation Number 5030, dated 

15 March 10, 1983, including the territorial waters 

16 of the Caribbean Sea and Atlantic Ocean. 

17 (F) SOUTHEAST ATLANTIC OCEAN RE18 GION.—The Southeast Atlantic Ocean Region, 

19 which shall consist of the coastal zone (as de20 fined in section 304 of the Coastal Zone Man21 agement Act of 1972 (16 U.S.C. 1453)) and 

22 watershed areas of the States that have a sig23 nificant impact on coastal waters of the States 

24 of Florida, Georgia, South Carolina, and North 

25 Carolina seaward to the extent of the Exclusive 


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1 Economic Zone as specified in Presidential 

2 Proclamation Number 5030, dated March 10, 

3 1983. 

4 (G) NORTHEAST ATLANTIC OCEAN RE5 GION.—The Northeast Atlantic Ocean Region, 

6 which shall consist of the coastal zone (as de7 fined in section 304 of the Coastal Zone Man8 agement Act of 1972 (16 U.S.C. 1453)) and 

9 watershed areas of the States that have a sig10 nificant impact on coastal waters of the States 

11 of Maine, New Hampshire, Massachusetts, 

12 Rhode Island, and Connecticut seaward to the 

13 extent of the Exclusive Economic Zone as speci14 fied in Presidential Proclamation Number 

15 5030, dated March 10, 1983. 

16 (H) MID-ATLANTIC OCEAN REGION.—The 

17 Mid-Atlantic Ocean Region, which shall consist 

18 of the coastal zone (as defined in section 304 

19 of the Coastal Zone Management Act of 1972 

20 (16 U.S.C. 1453)) and watershed areas of the 

21 States that have a significant impact on coastal 

22 waters of the States of New York, New Jersey, 

23 Delaware, Maryland, Pennsylvania, and Vir24 ginia seaward to the extent of the Exclusive 

25 Economic Zone as specified in Presidential 


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1 Proclamation Number 5030, dated March 10, 

2 1983. 

3 (I) 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 established under section 302 may establish 

15 such subregions, or geographically specified manage16 ment areas, as necessary for efficient and effective 

17 management of region-specific ecosystem issues. 

18 SEC. 302. REGIONAL OCEAN PARTNERSHIPS. 

19 (a) IN GENERAL.— 

20 (1) ESTABLISHMENT.—Within 1 year after the 

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

22 in consultation with the Committee on Ocean Policy 

23 and the appropriate coastal States, shall establish or 

24 designate a Regional Ocean Partnership for each of 

25 the ocean regions established by section 301. 


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1 (2) FUNCTIONS.—Each Partnership shall, for 

2 the ocean region for which it is established or des3 ignated— 

4 (A) pursue the objectives set forth in sec5 tion 301(b); 

6 (B) further the implementation of the Na7 tional Ocean Policy; and 

8 (C) develop and implement a Regional 

9 Ocean Strategic Plan under section 303. 

10 (b) EXISTING REGIONAL EFFORTS.—For any ocean 

11 region for which a regional ocean governance effort al12 ready exists, the relevant coastal States shall work with 

13 the Administrator to determine whether the Partnership 

14 established or designated for the ocean region should build 

15 upon and expand that effort, or whether the Administrator 

16 should initiate a new effort. 

17 (c) MEMBERSHIP.— 

18 (1) FEDERAL REPRESENTATIVES.—Within 270 

19 days after the date of the enactment of this Act, the 

20 Committee on Ocean Policy shall designate the Fed21 eral agencies and departments that shall participate 

22 in each Partnership. Among the agencies and de23 partment designated for each Partnership, the Com24 mittee shall include all Federal agencies and depart25 ments that have expertise in ocean and coastal polVerDate Nov 24 2008 03:10 Jan 08, 2009 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H21.IH H21

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1 icy, oversee ocean and coastal policy or resource 

2 management, or engage in activities that signifi3 cantly affect ocean waters, coastal waters, or ocean 

4 resources. The head of each Federal agency or de5 partment designated by the Committee on Ocean 

6 Policy shall select and appoint officers or employees 

7 of their agency or department to serve as their rep8 resentatives to each Partnership. The Administrator, 

9 or his or her designated representative, shall serve 

10 as the chairperson of each Partnership. 

11 (2) STATE REPRESENTATIVES.— 

12 (A) COASTAL STATE REPRESENTATIVES.— 

13 The Governor of each coastal State within each 

14 ocean region designated under section 301(c) 

15 shall— 

16 (i) within 9 months after the date of 

17 enactment of this Act, inform the Adminis18 trator whether or not the State intends to 

19 participate in the Partnership for the 

20 ocean region; and 

21 (ii) if the State intends to participate 

22 in such Partnership, within 1 year of en23 actment of this Act, appoint an officer or 

24 employee of the coastal State agency with 

25 primary responsibility for overseeing ocean 


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1 and coastal policy or resource management 

2 to that Partnership. 

3 (B) NONCOASTAL STATE APPOINT4 MENTS.— 

5 (i) IN GENERAL.—Within 9 months 

6 after the date of enactment of this Act, the 

7 Governor of each noncoastal State within 

8 each ocean region designated under section 

9 301(c) shall notify the Administrator 

10 whether or not the State seeks to partici11 pate in the Partnership for the ocean re12 gion. The Partnership for that region shall 

13 appoint to the Partnership one or more 

14 representatives of noncoastal States that 

15 notify the Administrator, subject to clause 

16 (ii). 

17 (ii) APPOINTMENTS FOR MORE THAN

18 ONE NONCOASTAL STATE.—If more than 

19 one noncoastal State notifies the Adminis20 trator under clause (i) with respect to a 

21 Partnership— 

22 (I) the Partnership shall estab23 lish a process for nominating and ap24 pointing representatives under this 

25 subparagraph; 


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1 (II) the total number of rep2 resentatives appointed under this sub3 paragraph for the Partnership may 

4 not exceed the number of coastal 

5 State representatives on the Partner6 ship; and 

7 (III) in appointing representa8 tives to the Partnership, the Partner9 ship shall consider the relative impact 

10 on the ocean region for which the 

11 Partnership must prepare a Regional 

12 Ocean Strategic Plan of the waters 

13 under each such noncoastal State’s ju14 risdiction that feed into the ocean re15 gion. 

16 (C) NORTH PACIFIC REGIONAL OCEAN

17 PARTNERSHIP.—The Governor of the State of 

18 Washington— 

19 (i) within 9 months after the date of 

20 enactment of this Act, shall notify the Ad21 ministrator whether or not the State in22 tends to participate in the North Pacific 

23 Regional Ocean Partnership; and 

24 (ii) if such State intends to partici25 pate in such Partnership, within 1 year 


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1 after the date of enactment of this Act 

2 shall appoint to such Partnership an offi3 cer or employee of the Washington State 

4 agency with primary responsibility for 

5 overseeing ocean and coastal policy or re6 source management. 

7 (3) REGIONAL FISHERY MANAGEMENT COUNCIL

8 REPRESENTATION.—The executive director of each 

9 Regional Fishery Management Council with jurisdic10 tion in the ocean region of a Partnership and the ex11 ecutive director of the interstate marine fisheries 

12 commission with jurisdiction in the ocean region of 

13 a Partnership shall each serve as a member of the 

14 Partnership, and shall be considered non-Federal 

15 representatives for the purposes of paragraph 

16 (5)(A). 

17 (4) LOCAL GOVERNMENT REPRESENTATIVE.— 

18 Each Partnership shall receive nominations and se19 lect one representative from a coastal political sub20 division to represent the interests of local and coun21 ty governments on the Partnership. 

22 (5) ADDITIONAL APPOINTMENTS.— 

23 (A) BALANCE.—Each Partnership shall— 

24 (i) identify the total number of addi25 tional non-Federal representatives within 


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1 the ocean region of the Partnership nec2 essary to ensure that the combined number 

3 of non-Federal representatives on the Part4 nership equals the number of Federal rep5 resentatives on the Partnership; and 

6 (ii) identify a process for selecting 

7 such non-Federal representatives that, to 

8 the maximum extent practicable, assures 

9 balanced and broad non-Federal represen10 tation. 

11 (B) INTERNATIONAL REPRESENTATIVES.— 

12 In cooperation with the Secretary of State, each 

13 Partnership may foster nonbinding relation14 ships with foreign governments, agencies, 

15 States, provinces, and other entities as appro16 priate, at scales appropriate to the ocean region 

17 under the authority of the Partnership, includ18 ing by providing opportunities for participation 

19 by foreign representatives at meetings of the 

20 Partnership, its advisory committees, and other 

21 working groups. 

22 (d) STEERING COMMITTEE.— 

23 (1) IN GENERAL.—Each Partnership may es24 tablish a Steering Committee to provide leadership 

25 with respect to the development and implementation 


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1 of the Regional Ocean Strategic Plan under section 

2 303 and to ensure that the goals set forth in such 

3 Regional Ocean Strategic Plan are being met within 

4 the timelines established by that section. 

5 (2) MEMBERSHIP.—The Steering Committee 

6 shall include— 

7 (A) one representative from each coastal 

8 State that appoints a representative to the 

9 Partnership; and 

10 (B) one representative from each of three 

11 Federal agencies designated by the Committee 

12 on Ocean Policy. 

13 (e) ADVISORY COMMITTEES.— 

14 (1) AUTHORITY.—Each Partnership may estab15 lish and appoint members of advisory committees 

16 and working groups as necessary for preparation 

17 and implementation of its Regional Ocean Strategic 

18 Plan under this title. 

19 (2) ADVICE AND INPUT.—Each Partnership 

20 shall provide opportunities for citizen and stake21 holder input in the development and implementation 

22 of its Regional Ocean Strategic Plan. 

23 (f) COORDINATION.— 

24 (1) EXISTING PROGRAMS.—Each Partnership 

25 shall build upon and complement current State, 


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1 multistate, and regional capacity and governance 

2 and institutional mechanisms to manage and protect 

3 ocean waters, coastal waters, and ocean resources. 

4 (2) INLAND REGIONS.—Each Partnership shall 

5 collaborate and coordinate as necessary and appro6 priate with noncoastal States that may significantly 

7 impact marine ecosystem health in the ocean region 

8 or the Partnership. 

9 (g) PROCEDURES.— 

10 (1) IN GENERAL.—Each Partnership shall oper11 ate in accordance with procedures established by the 

12 Partnership and approved by the Administrator. 

13 (2) REQUIRED PROCEDURES.—The Adminis14 trator shall prescribe requirements for approval of 

15 procedures under paragraph (1) that at minimum 

16 provide for— 

17 (A) transparency in decisionmaking; 

18 (B) opportunities for public input and par19 ticipation; and 

20 (C) the use of advisory committees that 

21 may be established under subsection (e). 

22 (h) STAFF.— 

23 (1) HIRING AUTHORITY.—Each Partnership 

24 may hire such staff as is necessary to perform the 

25 functions of the Partnership. 


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1 (2) TREATMENT.—Staff hired by a Partnership 

2 shall be treated as employees of the Administration, 

3 except for any staff that are hired by participating 

4 States. 

5 (i) FEDERAL ADVISORY COMMITTEE ACT.— 

6 (1) IN GENERAL.—The Federal Advisory Com7 mittee Act (5 U.S.C. App.) shall not apply to Part8 nerships, steering committees, or any advisory com9 mittee established under this title. 

10 (2) COMPLIANCE.—Notwithstanding paragraph 

11 (1), each Partnership and each advisory committee 

12 of a Partnership shall be appointed and operate in 

13 a manner consistent with all provisions of the Fed14 eral Advisory Committee Act with respect to— 

15 (A) the balance of their membership; 

16 (B) provision of public notice regarding 

17 their activities; 

18 (C) open meetings; and 

19 (D) public access to documents created by 

20 the Partnerships or advisory committees of the 

21 Partnerships. 

22 SEC. 303. REGIONAL OCEAN STRATEGIC PLANS. 

23 (a) INITIAL OCEAN REGION ASSESSMENT.— 

24 (1) IN GENERAL.—The Administrator, in con25 sultation with the Regional Ocean Partnership for 


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1 an ocean region and other experts, shall, within 1 

2 year after establishment or designation of such Part3 nership, prepare an initial ocean region assessment 

4 of the ocean region in order to guide the develop5 ment of the Regional Ocean Strategic Plan prepared 

6 for such ocean region under subsection (b). 

7 (2) CONTENTS.—Each initial assessment shall 

8 include a summary of— 

9 (A) the ocean region’s marine ecosystem 

10 health, culture, and economy; 

11 (B) existing, emerging, and cumulative 

12 threats to marine ecosystem health of the ocean 

13 region; 

14 (C) indicators that measure marine eco15 system health of the ocean region; and 

16 (D) important ecological areas within the 

17 ocean region. 

18 (3) PUBLIC PARTICIPATION.—The Adminis19 trator, in consultation with the Regional Ocean 

20 Partnership, shall provide opportunities for public 

21 input in the development of the assessment and up22 dates of the assessment under subsection (c). Such 

23 opportunities shall include opportunities for sharing 

24 of the latest science and local knowledge regarding 

25 the ocean region’s ocean waters, coastal waters, and 


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1 ocean resources using annual public ecosystem fo2 rums. 

3 (b) REGIONAL OCEAN STRATEGIC PLAN.— 

4 (1) REQUIREMENT.—Each Regional Ocean 

5 Partnership shall, within 2 years after the comple6 tion of the initial ocean region assessment, prepare 

7 and submit to the Administrator for review, con8 sultation, and approval a Regional Ocean Strategic 

9 Plan for adaptive, ecosystem-based management of 

10 United States ocean waters, coastal waters, and 

11 ocean resources for the ocean region of the Partner12 ship consistent with the National Ocean Policy. 

13 (2) CONTENTS.—Each Plan prepared by a Re14 gional Ocean Partnership shall— 

15 (A) be based on the ocean region assess16 ment required under subsection (a) and (c); 

17 (B) describe short-term and long-term 

18 goals for improving marine ecosystem health in 

19 the ocean region covered by the Plan; 

20 (C) recommend long-term monitoring 

21 measures for important ecological areas within 

22 the ocean region covered by the Plan; 

23 (D) identify State and Federal priority 

24 issues within the ocean region covered by the 

25 Plan; 


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1 (E) describe ecosystem-based management 

2 solutions and policies to address the priority 

3 issues; 

4 (F) describe short-term and long-term in5 dicators for measuring improvements in eco6 nomic sustainability in the ocean region that re7 sult from improved ecological conditions and 

8 improved collaboration and coordination 

9 amongst Federal and State agencies; 

10 (G) identify research, information, and 

11 data needed to carry out the Plan; 

12 (H) identify performance measures and 

13 benchmarks for purposes of subparagraphs (B), 

14 (C), and (E) to be used to evaluate the Plan’s 

15 effectiveness; and 

16 (I) define responsibilities and include an 

17 analysis of the gaps in authority, coordination, 

18 and resources, including funding, that must be 

19 filled in order to fully achieve those perform20 ance measures and benchmarks. 

21 (3) PUBLIC PARTICIPATION.—Each Regional 

22 Ocean Partnership shall provide adequate opportuni23 ties for public input during the development of the 

24 Plan and any Plan revisions. 


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1 (c) UPDATED OCEAN REGION ASSESSMENTS.—The 

2 Administrator, in consultation with the appropriate Re3 gional Ocean Partnership and other experts, shall, within 

4 4 years after approval of the Plan and at least once every 

5 6 years thereafter, update the initial ocean region assess6 ment prepared under subsection (a) to provide more de7 tailed information regarding the required elements of the 

8 assessment and to include any new information that has 

9 become available. 

10 (d) PLAN REVISION.—Each approved Regional 

11 Ocean Strategic Plan shall be reviewed and revised by the 

12 relevant Regional Ocean Partnership at least once every 

13 6 years. Such review and revision shall be based on a re14 cently updated ocean region assessment. Any proposed re15 visions to the Plan shall be transmitted to the Adminis16 trator for review and approval pursuant to this section. 

17 (e) ACTION BY THE ADMINISTRATOR.— 

18 (1) REVIEW OF PLANS.— 

19 (A) COMMENCEMENT OF REVIEW.—Within 

20 10 days after transmittal of a Regional Ocean 

21 Strategic Plan, or any revision to such a Plan, 

22 by a Regional Ocean Partnership, the Adminis23 trator shall commence a review of the Plan or 

24 the revised Plan, respectively. 


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1 (B) PUBLIC NOTICE AND COMMENT.—Im2 mediately after receipt of such a Plan or revi3 sion, the Administrator shall publish the plan 

4 or revision in the Federal Register and provide 

5 an opportunity for the submission of public 

6 comment for a 60-day period beginning on the 

7 date of such publication. 

8 (C) REQUIREMENTS FOR APPROVAL.—Be9 fore approving a plan, or any revision to a plan, 

10 the administrator must find that the plan or re11 vision— 

12 (i) is consistent with the National 

13 Ocean Policy; and 

14 (ii) adequately addresses the required 

15 elements under subsection (b) of this sec16 tion. 

17 (D) DEADLINE FOR REVIEW.—Within 120 

18 days after transmittal of a Plan, or a revision 

19 to a Plan, the Administrator shall approve or 

20 disapprove the Plan or revision by written no21 tice. 

22 (2) REGIONAL INFORMATION SYSTEMS.—The 

23 Administrator shall, within 1 year after the date of 

24 the enactment of this Act and in collaboration with 

25 marine laboratories and academic and other relevant 


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1 institutions, establish a network of regional ocean 

2 ecosystem resource information systems for each 

3 ocean region— 

4 (A) to provide access to geophysical, at5 mospheric, oceanographic, and marine biological 

6 data, including genetic research, studies, data, 

7 maps, and analyses necessary to the under8 standing of the ocean ecosystem; 

9 (B) from which to draw information for 

10 the establishment of policies and priorities re11 lated to the conservation, use, and management 

12 of ocean waters, coastal waters, and ocean re13 sources; and 

14 (C) to provide information of the develop15 ment and implementation of Plans. 

16 (f) IMPLEMENTATION.—Members of a Regional 

17 Ocean Partnership shall, to the maximum extent prac18 ticable, implement a Regional Ocean Strategic Plan that 

19 is prepared by the Partnership and approved by the Ad20 ministrator under this section, consistent with existing 

21 legal authorities. 

22 SEC. 304. REGULATIONS. 

23 The Administrator shall issue such regulations as the 

24 Administrator considers necessary to ensure proper ad25 ministration of this title. 


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1 SEC. 305. OTHER AUTHORITY. 

2 This title shall not be construed as superseding or 

3 diminishing the authorities and responsibilities, under any 

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

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

6 agency. 

7 TITLE IV—AUTHORIZATION OF 

8 APPROPRIATIONS AND ES9 TABLISHMENT OF TRUST 

10 FUND 

11 SEC. 401. ESTABLISHMENT OF FUND. 

12 (a) ESTABLISHMENT OF FUND.—There is estab13 lished in the Treasury of the United States a fund which 

14 shall be known as the ‘‘Ocean and Great Lakes Conserva15 tion Trust Fund’’. For each fiscal year after the date of 

16 enactment of this Act, the Secretary of the Treasury shall 

17 deposit into the Fund the following amounts: 

18 (1) HEALTHY OCEAN STAMP.—Amounts re19 ceived by the United States from the sale of a 

20 Healthy Ocean Stamp under section 407. 

21 (2) AMOUNTS NOT DISBURSED.—All appro22 priated but un-disbursed amounts deposited under 

23 section 402(c) each fiscal year. 

24 (3) INTEREST.—All interest earned under sub25 section (b). 


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1 (b) INTEREST.—The Secretary of the Treasury shall 

2 invest monies in the Fund (including interest) in public 

3 debt securities with maturities suitable to the needs of the 

4 Fund, as determined by the Secretary of the Treasury, 

5 and bearing interest at rates determined by the Secretary 

6 of the Treasury, taking into consideration current market 

7 yields on outstanding marketable obligations of the United 

8 States of comparable maturity. Such invested monies shall 

9 remain invested until needed to meet requirements for dis10 bursement for the programs financed under this Act. 

11 (c) USE OF FUND.—The Administrator may, subject 

12 to appropriation, use funds available in the Ocean and 

13 Great Lakes Conservation Fund to supplement appropria14 tions made under section 406(a). 

15 SEC. 402. PAYMENTS TO STATES. 

16 (a) IN GENERAL.—The Administrator shall make 

17 payments to those coastal States that are eligible for fund18 ing under section 403, subject to the availability of appro19 priations under section 406. The total of the amount paid 

20 each fiscal year to coastal States in any ocean region shall 

21 not exceed the amount allocated for the ocean region for 

22 that fiscal year under section 405. 

23 (b) REPORT REQUIREMENT.—No payment shall be 

24 made to any State under this section until the State has— 


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1 (1) agreed to provide such reports to the Ad2 ministrator, in such form and containing such infor3 mation, as may be reasonably necessary to enable 

4 the Administrator to perform the duties of the Ad5 ministrator under this title; and 

6 (2) adopted such fiscal control and fund ac7 counting procedures as may be necessary to assure 

8 proper disbursement and accounting for Federal rev9 enues paid to the State under this title. 

10 (c) UNEXPENDED FUNDS.—At the end of each fiscal 

11 year, the Administrator shall deposit in the Fund estab12 lished in section 401 any amount appropriated under sec13 tion 406 but not disbursed to a State under this section. 

14 SEC. 403. ELIGIBILITY FOR FUNDING. 

15 (a) ELIGIBILITY OF STATE.—A State shall not be eli16 gible for funding for purposes of section 402 unless the 

17 Administrator, in consultation with the Partnership, de18 termines that the State is participating actively and suffi19 ciently in the development and implementation of the rel20 evant Regional Ocean Strategic Plan under section 303. 

21 (b) ELIGIBLE PURPOSES.—States that receive funds 

22 under this title may only use such funds for purposes of 

23 fulfilling the State’s obligations and responsibilities for 

24 (1) implementation of a Regional Ocean Stra25 tegic Plan approved under section 303 in accordance 


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1 with a spending plan approved under section 

2 404(c)(1); 

3 (2) development of the Regional Ocean Stra4 tegic Plan under section 303(b) until such Plan is 

5 complete, in accordance with a budget approved 

6 under section 404(c)(2); 

7 (3) providing assistance to the Administrator in 

8 conducting the initial ocean region assessment under 

9 section 303(a) until such assessment is complete in 

10 accordance with a budget approved under section 

11 404(c)(2); and 

12 (4) implementation of other regional efforts 

13 that also implement the National Ocean Policy dur14 ing the 3-year period beginning on the date of the 

15 designation or establishment of the relevant Re16 gional Ocean Partnership under section 302 in ac17 cordance with the applications approved under sec18 tion 404(c)(3). 

19 SEC. 404. FUNDING PROCEDURES. 

20 (a) REQUIREMENTS.—Each State seeking funding 

21 under this title shall submit to the Administrator an appli22 cation for such funds. 

23 (b) APPROVAL.—The Administrator shall approve an 

24 application submitted by a State under subsection (a) if, 


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1 in consultation with the Regional Ocean Partnership, the 

2 Administrator— 

3 (1) certifies that the State is eligible for fund4 ing under section 403(a); 

5 (2) finds that the activities proposed in the ap6 plication are part of an approved spending plan sub7 mitted by the relevant Regional Ocean Partnership 

8 under subsection (c); and 

9 (3) ensures that previous payments under this 

10 title made to the State and coastal political subdivi11 sions in the State were used in accordance with sec12 tion 403(b). 

13 (c) SPENDING PLANS, BUDGETS, AND OTHER RE14 GIONAL EFFORTS.— 

15 (1) SPENDING PLAN FOR IMPLEMENTING RE16 GIONAL OCEAN STRATEGIC PLANS.—Each Regional 

17 Ocean Partnership that has participating States that 

18 are seeking funding under section 403(b)(1) shall 

19 submit to the Administrator a spending plan for 

20 such States for each fiscal year. The total funds re21 quested in the spending plan shall not exceed the 

22 amount allocated to the Region by the Administrator 

23 under section 405 for that fiscal year. In addition to 

24 such other requirements as the Administrator by 


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1 regulation shall prescribe, each spending plan shall 

2 include— 

3 (A) a list of the States participating in the 

4 Regional Ocean Partnership; 

5 (B) the name of the State agency for each 

6 State listed in subparagraph (A) that will have 

7 the authority to represent and act for the State 

8 in dealing with the Administrator for purposes 

9 of this title; 

10 (C) a description of how funds provided 

11 under this title will be used by each partici12 pating State to implement the Regional Ocean 

13 Strategic Plan; and 

14 (D) certification by the governor of each 

15 participating State that all the funds provided 

16 under this title to the State and coastal political 

17 subdivisions of that State will be used in a 

18 manner consistent with section 403(b)(1) and 

19 the National Ocean Policy. 

20 (2) BUDGETS FOR DEVELOPING REGIONAL

21 OCEAN STRATEGIC PLANS AND ASSISTING WITH INI22 TIAL REGIONAL OCEAN ASSESSMENTS.—Each Re23 gional Ocean Partnership with participating States 

24 that are seeking funding under section 403(b)(2) or 


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1 section 403(b)(3) shall submit an annual budget for 

2 approval by the Administrator identifying— 

3 (A) a list of the States participating in the 

4 Regional Ocean Partnership; 

5 (B) the name of the State agency for each 

6 State listed in subparagraph (A) that will have 

7 the authority to represent and act for the State 

8 in dealing with the Administrator for purposes 

9 of this title; and 

10 (C) the costs under section 303(a) or sec11 tion 303(b) that require financial support from 

12 the Administrator. 

13 (3) OTHER REGIONAL EFFORTS.—Each coastal 

14 State seeking funding for other regional efforts 

15 under section 403(b)(4) shall submit an application 

16 for approval by the Administrator that includes the 

17 following: 

18 (A) The name of the State agency that will 

19 have the authority to represent and act for the 

20 State in dealing with the Administrator for pur21 poses of this subsection. 

22 (B) A description of how funds provided 

23 pursuant to this subsection will be used for ac24 tivities that further the implementation of the 

25 National Ocean Policy. 


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1 (C) Certification by the Governor of the 

2 State that all the funds provided pursuant to 

3 this subsection to the State will be used in a 

4 manner consistent with the National Ocean pol5 icy. 

6 (4) LIMITATION ON OTHER USES.—Not more 

7 than 50 percent of amounts paid to a State from 

8 amounts appropriated under section 406(a)(1)(A) 

9 may be used by the State to implement other re10 gional ocean governance efforts that further the im11 plementation of the National Ocean Policy as de12 scribed in the application under paragraph (3). 

13 (d) PROCEDURE AND TIMING; REVISIONS.—The Ad14 ministrator shall approve or disapprove in accordance with 

15 this subsection each spending plan submitted under sub16 section (c)(1). If a Regional Ocean Partnership first sub17 mits a plan by not later than 90 days before the beginning 

18 of the first fiscal year to which the plan applies, the Ad19 ministrator shall approve or disapprove the plan by not 

20 later than 30 days before the beginning of that fiscal year. 

21 (e) SPENDING PLAN AMENDMENT OR REVISION.— 

22 Any amendment to or revision of the spending plan shall 

23 be prepared in accordance with the requirements of this 

24 section and shall be submitted to the Administrator for 

25 approval or disapproval. Any such amendment or revision 


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1 shall take effect only for fiscal years after the fiscal year 

2 in which the amendment or revision is approved by the 

3 Administrator. 

4 (f) PUBLIC COMMENT.—Before approving or dis5 approving a spending plan, or an amendment or revision 

6 to such a plan, the Administrator shall provide for public 

7 comment on the proposed expenditures in the spending 

8 plan for the forthcoming year. 

9 (g) TIME OF PAYMENT.—Payments to States under 

10 this title shall be made not later than December 31 of 

11 each year from appropriations made during the imme12 diately preceding fiscal year. 

13 SEC. 405. EQUITABLE ALLOCATION. 

14 (a) MAXIMUM AMOUNT AVAILABLE TO EACH OCEAN

15 REGION.—Of the amounts appropriated under section 

16 406, the Administrator shall determine and allocate to 

17 each ocean region the maximum amount of funds that the 

18 Administrator may grant under this title for use in that 

19 region, based on the following weighted formula: 

20 (1) 35 percent of such amount shall be deter21 mined based on the ratio of the shoreline miles (as 

22 that term is used in the Coastal Zone Management 

23 Act of 1972 (16 U.S.C. 1451 et seq.)) of the ocean 

24 region to the shoreline miles of all ocean regions. 


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1 (2) 65 percent of such amount shall be deter2 mined based on the ratio of the coastal population 

3 density of the ocean region to the coastal population 

4 density of all ocean regions. 

5 (b) PAYMENTS TO POLITICAL SUBDIVISIONS.—The 

6 governor of a State that receives funds under this title 

7 shall use such funds only— 

8 (1) for the purposes under section 403(b) that 

9 the State applied for and received the funds; or 

10 (2) for awards to coastal political subdivisions 

11 of the State, on a competitive basis, for such pur12 poses. 

13 SEC. 406. AUTHORIZATION OF APPROPRIATIONS. 

14 There are authorized to be appropriated the following 

15 amounts: 

16 (1) To the Administrator for making payments 

17 to coastal States under this title— 

18 (A) $40,000,000 for each of fiscal years 

19 2011, 2012, and 2013 for developing a Re20 gional Ocean Strategic Plan under section 

21 403(b)(2), for assisting the Administrator in 

22 conducting an initial ocean region assessment 

23 under section 403(b)(3), and for implementing 

24 other regional efforts under section 403(b)(4); 

25 and 


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1 (B) $60,000,000 for each of fiscal years 

2 2014 through 2021 and for implementing and 

3 updating Regional Ocean Strategic Plans under 

4 section 403(b)(1). 

5 (2) To the Administrator $20,000,000 for each 

6 of fiscal years 2011 through 2021 thereafter for 

7 purposes of— 

8 (A) conducting and updating ocean region 

9 assessments under section 303; and 

10 (B) supporting efforts by the Regional 

11 Ocean Partnerships to develop Regional Ocean 

12 Strategic Plans under section 303. 

13 (3) To the Administrator for allocation, with 

14 concurrence of the Committee on Ocean Policy, for 

15 carrying out responsibilities of the Federal Govern16 ment for development and implementation of Re17 gional Ocean Strategic Plans— 

18 (A) $30,000,000 for fiscal year 2014; 

19 (B) $40,000,000 for fiscal year 2015; and 

20 (C) $50,000,000 for each of fiscal years 

21 2016 through 2021. 

22 SEC. 407. HEALTHY OCEAN STAMP. 

23 (a) IN GENERAL.—In order to afford a convenient 

24 way for members of the public to support efforts to pro25 tect, maintain, and restore marine ecosystems, the United 


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1 States Postal Service shall provide for a special postage 

2 stamp in accordance with this section. 

3 (b) TERMS AND CONDITIONS.—The issuance and sale 

4 of the stamp referred to in subsection (a) shall be gov5 erned by section 416 of title 39, United States Code, and 

6 regulations under such section, subject to the following: 

7 (1) TRANSFERS.—All amounts becoming avail8 able from the sale of such stamp shall be transferred 

9 to the Ocean and Great Lakes Conservation Trust 

10 Fund (as established by section 401) through pay11 ments which shall be made, at least twice a year, in 

12 the manner required by subsection (d)(1) of section 

13 416 of such title 39. 

14 (2) NUMERICAL LIMITATION.—For purposes of 

15 applying any numerical limitation referred to in sub16 section (e)(1)(C) of section 416 of such title 39, 

17 such stamp shall not be taken into account. 

18 (3) DURATION.—Such stamp shall be made 

19 available to the public over such period of time as 

20 the Postal Service may determine, except that such 

21 period— 

22 (A) shall commence not later than 12 

23 months after the date of the enactment of this 

24 Act; and 


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1 (B) shall terminate not later than the close 

2 of the period referred to in section 416(g) of 

3 title 39, United States Code. 

4 (c) RULE OF CONSTRUCTION.—Nothing in this sec5 tion shall be considered to permit or require that any de6 termination of the amounts becoming available from the 

7 sale of the stamp referred to in subsection (a) be made 

8 in a manner inconsistent with the requirements of section 

9 416(d) of title 39, United States Code. 

10 SEC. 408. LIMITATION ON USE OF AVAILABLE AMOUNTS 

11 FOR ADMINISTRATION. 

12 Of the amounts made available under this title (in13 cluding the amendments made by this title) for a par14 ticular activity, not more than 2 percent may be used for 

15 administrative expenses of that activity. 

16 SEC. 409. RECORDKEEPING REQUIREMENTS. 

17 The Administrator, in consultation with the Com18 mittee on Ocean Policy, shall establish such rules regard19 ing recordkeeping by State and local governments and the 

20 auditing of expenditures made by State and local govern21 ments from funds made available under this Act as may 

22 be necessary. Such rules shall be in addition to other re23 quirements established regarding recordkeeping and the 

24 auditing of such expenditures under other authority of 

25 law. 


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1 SEC. 410. MAINTENANCE OF EFFORT AND MATCHING FUND2 ING. 

3 (a) IN GENERAL.—It is the intent of the Congress 

4 in this Act that States not use this Act as an opportunity 

5 to reduce State or local resources for the programs funded 

6 by this Act. Except as provided in subsection (b), no State 

7 or local government shall receive any funds under this Act 

8 during any fiscal year in which its expenditures of non9 Federal funds for recurrent expenditures for programs for 

10 which funding is provided under this Act will be less than 

11 its expenditures were for such programs during the pre12 ceding fiscal year. No State or local government shall re13 ceive funding under this Act with respect to a program 

14 unless the Administrator is satisfied that such a grant will 

15 be so used to supplement and, to the extent practicable, 

16 increase the level of State, local, or other non-Federal 

17 funds available for such program. 

18 (b) EXCEPTION.—The Administrator may provide 

19 funding under this Act to a State or local government not 

20 meeting the requirements of subsection (a) if the Adminis21 trator determines that a reduction in expenditures— 

22 (1) is attributable to a nonselective reduction in 

23 expenditures for the programs of all executive 

24 branch agencies of the State or local government; or 

25 (2) is a result of reductions in State or local 

26 revenue as a result of a downturn in the economy. 


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1 (c) USE OF FUNDS TO MEET MATCHING REQUIRE2 MENTS.—All funds received by a State or local govern3 ment under this Act shall be treated as Federal funds for 

4 purposes of compliance with any provision in effect under 

5 any other law requiring that non-Federal funds be used 

6 to provide a portion of the funding for any program or 

7 project. 

Æ 


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