II 

109TH CONGRESS 

1ST SESSION S. 1224

To protect the oceans, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 9, 2005

Mrs. BOXER (for herself and Mr. LAUTENBERG) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL

To protect the oceans, and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘National Oceans Protection Act of 2005’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Purpose. 

Sec. 4. Definitions. 

TITLE I—NATIONAL OCEAN POLICY AND LEADERSHIP 

Sec. 101. Short title. 

Sec. 102. Purposes. 
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Sec. 103. Policy. 

Subtitle A—National Oceanic and Atmospheric Administration 

Sec. 111. Establishment. 

Sec. 112. Functions and purposes. 

Sec. 113. National Oceanic and Atmospheric Administration. 

Sec. 114. Responsibilities of the Administrator.

Sec. 115. Powers of the Administrator. 

Sec. 116. Enforcement. 

Sec. 117. Regional capabilities. 

Sec. 118. Intergovernmental coordination. 

Sec. 119. International consultation and cooperation. 

Sec. 120. Report on oceanic and atmospheric conditions and trends. 

Sec. 121. Conforming amendments and repeals. 

Sec. 122. Savings provision. 

Sec. 123. Transition. 

Subtitle B—Federal Coordination and Advice 

Sec. 131. Council on Ocean Stewardship. 

Sec. 132. Membership. 

Sec. 133. Functions of Council. 

Sec. 134. National priorities for coordination. 

Sec. 135. Employees. 

Sec. 136. Biennial report to Congress.

Sec. 137. Presidential Panel of Advisers on Oceans and Climate. 

Sec. 138. Federal program recommendations. 

Sec. 139. Implementation. 

Sec. 140. No effect on other authorities. 

Subtitle C—Ocean Conservation Certification 

Sec. 151. Covered action defined. 

Sec. 152. Certification. 

Sec. 153. Review. 

Sec. 154. Effect. 

Sec. 155. Guidelines. 

Sec. 156. Emergency exemption. 

Sec. 157. Effective date. 

Subtitle D—Offshore Governance 

Sec. 161. Management and permitting of offshore uses for non-extractive activities. 

Sec. 162. Marine aquaculture. 

Subtitle E—Ocean Science, Research, and Education Coordination 

Sec. 171. Committee on Ocean Science, Education, and Operations. 

Sec. 172. National strategy for ocean and coastal science. 

Sec. 173. Ocean Research and Education Advisory Panel. 

Sec. 174. Marine ecosystems research. 

Sec. 175. Ocean ecosystem resource information systems. 

Sec. 176. Funding for marine ecosystem research. 

Sec. 177. Subcommittee on Ocean Education. 

Sec. 178. Ocean and Coastal Education Program. 
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Sec. 179. Ocean Science and Technology Scholarship Program. 

Sec. 180. Authorization of appropriations. 

TITLE II—HABITAT MANAGEMENT 

Subtitle A—Management of Coral Habitats 

Sec. 201. Short title. 

Sec. 202. Policy. 

Sec. 203. Definitions. 

Sec. 204. Mapping and research. 

Sec. 205. Data review and recommendations. 

Sec. 206. Coral study areas. 

Sec. 207. Coral management areas. 

Sec. 208. International protections for deep sea corals and sponges. 

Sec. 209. Report to Congress. 

Sec. 210. Authorization of appropriations. 

Subtitle B—Protection of Essential Fish Habitat 

Sec. 221. Contents of fishery management plans. 

Sec. 222. Habitat protection program. 

TITLE III—FISHERIES MANAGEMENT 

Sec. 301. Amendment of Magnuson-Stevens Fishery Conservation and Management Act. 

Subtitle A—Ecosystem-Based Fisheries Management Objectives 

Sec. 311. Purposes and policy. 

Sec. 312. Definitions. 

Sec. 313. National standards for fishery conservation and management. 

Sec. 314. Contents of fishery management plans. 

Sec. 315. Fisheries ecosystem plans. 

Sec. 316. Authorization of appropriations. 

Subtitle B—Bycatch Management 

Sec. 321. Policy. 

Sec. 322. Definitions. 

Sec. 323. National standards for fishery conservation and management. 

Sec. 324. Contents of fishery management plans. 

Sec. 325. Other requirements and authority. 

Sec. 326. Authorization of appropriations. 

Subtitle C—Cetacean and Sea Turtle Conservation 

Sec. 331. Short title. 

Sec. 332. Purposes. 

Sec. 333. Definitions. 

Sec. 334. International agreements and standards. 

Sec. 335. Research and development grants. 

Sec. 336. Bycatch database. 

Sec. 337. Authorization of appropriations. 

Subtitle D—Individual Fishing Quotas 

Sec. 341. Individual fishing quotas. 
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Sec. 342. Definitions. 

Sec. 343. Action on limited access systems. 

Subtitle E—Fisheries Science and Management 

Sec. 351. Short title. 

Sec. 352. Regional fishery management council committees and panels. 

Sec. 353. Required provisions in fishery management plans. 

Sec. 354. Peer review. 

Sec. 355. Cooperative research, data collection, and gear modification program. 

Sec. 356. Amendments to Saltonstall-Kennedy Act. 

TITLE IV—MARINE MAMMALS 

Sec. 401. Emerging threats to marine mammals. 

Sec. 402. National Ocean Noise Pollution Research Fund. 

Sec. 403. Take reduction plans. 

Sec. 404. Fisheries gear development to reduce bycatch. 

Sec. 405. Clarification and expansion of fisheries required to participate in the 

incidental take program to better address marine mammal bycatch associated with fishing. 

Sec. 406. Conforming amendments to incidental take program. 

Sec. 407. Authorizations for population stock assessments and observer programs. 

TITLE V—COASTAL HABITAT PROTECTION AND RESTORATION 

Subtitle A—Coastal and Estuarine Land Protection 

Sec. 501. Establishment of Coastal and Estuarine Land Protection Program. 

Sec. 502. Assistance from other agencies. 

Subtitle B—Coastal Barrier Resources System 

Sec. 511. Pacific coastal barriers. 

Subtitle C—Community-Based Restoration Program for Fishery and Coastal 

Habitats 

Sec. 521. Establishment, purpose, and activities. 

Sec. 522. Authorization of appropriations. 

Subtitle D—National Flood Insurance Program 

Sec. 531. Periodic updating of floodplain areas and flood risk zones. 

Sec. 532. Criteria for land management and use. 

Sec. 533. Losses from erosion and undermining of shorelines. 

Sec. 534. Special updates of maps. 

TITLE VI—OCEAN EDUCATION 

Sec. 601. National Oceanic and Atmospheric Administration National Office of 

Education. 

Sec. 602. Amendment to the National Sea Grant College Program Act. 

Sec. 603. National ocean awareness media campaign. 

Sec. 604. Authorization of appropriations. 

TITLE VII—NONINDIGENOUS AQUATIC NUISANCE PREVENTION 
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Subtitle A—Ballast Water Management 

Sec. 701. Short title. 

Sec. 702. Findings. 

Sec. 703. Ballast water management. 

Sec. 704. Coast Guard report on other vessel-related vectors of invasive species. 

Subtitle B—Early Detection; Rapid Response; Control and Outreach 

Sec. 711. Early detection. 

Sec. 712. Rapid response. 

Sec. 713. Dispersal barriers. 

Sec. 714. Environmental soundness. 

Sec. 715. Information, education, and outreach. 

Subtitle C—Aquatic Invasive Species Research 

Sec. 721. Ecological, pathway, and experimental research. 

Sec. 722. Analysis. 

Sec. 723. Vessel pathway standards research. 

Sec. 724. Graduate education in systematics and taxonomy. 

Subtitle D—Coordination 

Sec. 731. Program coordination. 

Sec. 732. International coordination. 

Subtitle E—Authorization of Appropriations 

Sec. 741. Authorization of appropriations. 

Subtitle F—Conforming Amendments 

Sec. 751. Conforming amendments. 

TITLE VIII—CONTAMINATED SEDIMENTS 

Sec. 801. Designation of sites. 

Sec. 802. Sediment quality survey, monitoring, criteria, and standards. 

Sec. 803. No preemption of State or local authority. 

TITLE IX—OCEANS AND WATER QUALITY 

Sec. 901. Water quality criteria and standards for discharges of nutrients. 

Sec. 902. Continuing planning processes for total maximum daily loads. 

Sec. 903. Sanitary sewer overflows. 

Sec. 904. Stormwater runoff from construction and development activity. 

Sec. 905. Beach water testing. 

Sec. 906. Agricultural best management practices. 

Sec. 907. Grants to States for establishment of revolving funds. 

Sec. 908. Authorization of appropriations for safe drinking water State revolving fund. 

Sec. 909. No preemption of State or local authority. 

TITLE X—MISCELLANEOUS PROVISIONS 

Sec. 1001. Citizen suits.
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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

(1) Covering more than 2 3 ⁄3 of the Earth’s sur4 face, the oceans play a critical role in the global 

5 water cycle and in regulating climate, sustain a large 

6 part of Earth’s biodiversity, provide an important 

7 source of food and a wealth of other natural prod8 ucts, act as a frontier for scientific exploration, are 

9 critical to national and economic security, and pro10 vide a vital means of transportation. The coastal re11 gions of the United States have remarkably high bio12 logical productivity and contribute approximately 50 

13 percent of the gross domestic product of the United 

14 States. 

15 (2) The oceans and the atmosphere are suscep16 tible to change as a direct and indirect result of 

17 human activities, and such changes can significantly 

18 impact the ability of the oceans and atmosphere to 

19 provide the benefits upon which the Nation depends. 

20 Changes in ocean and atmospheric processes could 

21 affect global climate patterns, ecosystem productivity 

22 and health, biodiversity, environmental quality, na23 tional security, economic competitiveness, availability 

24 of energy, vulnerability to natural hazards, and 

25 transportation safety and efficiency. 
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1 (3) Human pressure on ocean resources is dras2 tically increasing. Fifty percent of the population of 

3 the United States lives within 50 miles of the coast. 

4 If population trends continue as expected, coastal 

5 development and urbanization impacts, which can be 

6 substantially greater than population impacts alone, 

7 will present serious environmental, energy, and 

8 water challenges and increase our vulnerability to 

9 coastal hazards. 

10 (4) Ocean resources are the property of the 

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

12 them by Federal, State, local, and tribal govern13 ments, and should be managed in a precautionary 

14 manner to preserve the full range of their benefits 

15 for present and future generations. 

16 (5) A variety of threats and practices have 

17 caused dramatic declines in the health and produc18 tivity of coastal and marine ecosystems of the 

19 United States. Among the major threats to marine 

20 ecosystem health are—

21 (A) chemical, nutrient, and biological pol22 lution; 

23 (B) bycatch of nontarget marine species; 

24 (C) habitat damage; 
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1 (D) overfishing and use of destructive fish2 ing practices; 

3 (E) unwise land use and coastal develop4 ment; 

5 (F) invasive species; and 

6 (G) global climate change. 

7 (6) These threats are exacerbated by the legal 

8 and geographic fragmentation of authority over 

9 ocean space and ocean resources. 

10 (7) Activities harming coastal and marine eco11 systems jeopardize the economies and social struc12 ture of coastal communities dependent on these re13 sources. 

14 (8) While there is a plethora of laws, govern15 ment agencies, and programs dealing with coastal 

16 resources and ocean resources, activities thereunder 

17 are poorly coordinated and do not constitute unified 

18 and comprehensive public policy toward the oceans. 

19 (9) Improving and coordinating Federal govern20 ance will require close partnerships with States, tak21 ing into account their public trust responsibilities, 

22 economic and ecological interests in ocean resources, 

23 and the role of State and local governments in im24 plementation of ocean policies, and managing use of 

25 coastal lands and ocean resources. 
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1 (10) Ecosystem-based management of coastal 

2 lands, oceans, and marine resources to protect, 

3 maintain, and restore the health of marine eco4 systems requires a partnership between Federal, 

5 State, local, and tribal governments. 

6 (11) It is the continuing mission of the Federal 

7 Government to create, foster, and maintain condi8 tions, incentives, and programs that will further and 

9 assure the sustainable and effective conservation, 

10 management, and protection of the oceans and at11 mosphere, in order to fulfill the responsibility of 

12 each generation as trustee in protecting such re13 sources and ensuring that such resources will be 

14 available to meet the needs of future generations of 

15 Americans. 

16 (12) To better enable the various levels of gov17 ernment with authority over coastal and ocean 

18 space, coastal resources, and ocean resources to ful19 fill their public trust responsibilities, a unified na20 tional oceans policy that is precautionary in nature 

21 is needed to govern the range of human activities 

22 that may significantly affect United States ocean 

23 waters and ocean resources.
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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 environmental, economic, educational, social, cul5 tural, nutritional, and recreational benefits of healthy ma6 rine ecosystems.

7 SEC. 4. DEFINITIONS. 

8 In this Act: 

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of NOAA. 

11 (2) COMMISSION ON OCEAN POLICY.—The term 

12 ‘‘Commission on Ocean Policy’’ means the Commis13 sion on Ocean Policy established by section 3 of the 

14 Oceans Act of 2000 (33 U.S.C. 857–19 note). 

15 (3) MARINE.—The term ‘‘marine’’ includes 

16 ocean waters. 

17 (4) MARINE ECOSYSTEM HEALTH.—The term 

18 ‘‘marine ecosystem health’’ means the capability of 

19 a marine ecosystem to—

20 (A) support and maintain a productive and 

21 resilient community of organisms that has a 

22 species composition, biological diversity, and 

23 functional organization comparable to the nat24 ural habitat of the region; and 

25 (B) provide a range of goods and services 

26 to humans and other species at levels and rates 
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1 comparable to those provided by a similar un2 disturbed ecosystem. 

3 (5) NOAA.—The term ‘‘NOAA’’ means the Na4 tional Oceanic and Atmospheric Administration. 

5 (6) OCEAN AND OCEAN WATERS.—The terms 

6 ‘‘ocean’’ and ‘‘ocean waters’’ include—

7 (A)(i) coastal areas; 

8 (ii) the Great Lakes; 

9 (iii) the seabed, subsoil, and waters of the 

10 territorial sea of the United States; 

11 (iv) the waters of the exclusive economic 

12 zone of the United States; 

13 (v) the waters of the high seas; and 

14 (vi) the seabed and subsoil of and beyond 

15 the Outer Continental Shelf marine environ16 ment; and 

17 (B) the natural resources found in the 

18 areas described in clauses (i) through (vi) of 

19 subparagraph (A). 

20 (7) PERSON.—The term ‘‘person’’ has the 

21 meaning given that term by section 1 of title 1, 

22 United States Code, but also means any State, polit23 ical subdivision of a State, or agency or officer 

24 thereof. 
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1 (8) SECRETARY.—Except as otherwise provided 

2 in this Act, the term ‘‘Secretary’’ means the Sec3 retary of Commerce. 

4 (9) STATE.—The term ‘‘State’’ means any 

5 State of the United States, the District of Columbia, 

6 the Commonwealth of Puerto Rico, the Virgin Is7 lands, Guam, American Samoa, or any other Com8 monwealth, territory, or possession of the United 

9 States. 

10 TITLE I—NATIONAL OCEAN 

11 POLICY AND LEADERSHIP 

12 SEC. 101. SHORT TITLE. 

13 This title may be cited as the ‘‘Ernest ‘Fritz’ Hollings 

14 National Ocean Policy and Leadership Act’’. 

15 SEC. 102. PURPOSES. 

16 The purposes of this title are—

17 (1) to set forth a national policy relating to 

18 oceans and atmosphere, and, through an organic act, 

19 formally to establish the National Oceanic and At20 mospheric Administration as the lead Federal agen21 cy concerned with ocean and atmospheric matters; 

22 (2) to establish in the National Oceanic and At23 mospheric Administration, by statute, the authori24 ties, functions, and powers relating to the conserva25 tion, management, and protection of the oceans and 
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1 atmosphere which have previously been established 

2 by statute or reorganization plan; 

3 (3) to set forth the duties and responsibilities of 

4 the Administration, and the principal officers of the 

5 Administration; 

6 (4) to establish a mechanism for Federal lead7 ership and coordinated action on national ocean and 

8 atmospheric priorities that are essential to the eco9 nomic and environmental security of the United 

10 States; and 

11 (5) to enhance Federal partnerships with the 

12 State and local governments with respect to ocean 

13 activities, include management of ocean resources 

14 and identification of appropriate opportunities for 

15 policymaking and decisionmaking at the State and 

16 local level. 

17 SEC. 103. POLICY. 

18 It is the policy of the United States to establish and 

19 maintain for the benefit of the United States a coordi20 nated, comprehensive, and long-range national program of 

21 ocean and atmospheric research, conservation, manage22 ment, education, monitoring, and assessment that will—

23 (1) recognize the linkage of ocean, land, and at24 mospheric systems, including the linkage of those 

25 systems with respect to climate change; 
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1 (2) protect life and property against natural 

2 and manmade hazards, including protection through 

3 weather and marine forecasts and warnings; 

4 (3) protect, maintain, and restore the long-term 

5 health, productivity, and diversity of the ocean envi6 ronment, including its natural resources and to pre7 vent pollution of the ocean environment;

8 (4) ensure responsible and sustainable use of 

9 fishery resources and other ocean and coastal re10 sources held in the public trust, using ecosystem11 based management and a precautionary and adapt12 ive approach; 

13 (5) assure sustainable coastal development 

14 based on responsible State and community manage15 ment and planning, and reflecting the economic and 

16 environmental values of ocean resources; 

17 (6) develop improved scientific information and 

18 use of the best scientific information available to 

19 make decisions concerning natural, social, and eco20 nomic processes affecting ocean and atmospheric en21 vironments; 

22 (7) enhance sustainable ocean-related and 

23 coastal-dependent commerce and transportation, bal24 ancing multiple uses of the ocean environment; 
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1 (8) provide for continued investment in and im2 provement of technologies for use in ocean and cli3 mate-related activities, including investments and 

4 technologies designed to promote national economic, 

5 environmental, and food security; 

6 (9) expand human knowledge of marine and at7 mospheric environments and ecosystems, including 

8 the role of the oceans in climate and global environ9 mental change, the interrelationships of ocean health 

10 and human health, and the advancement of edu11 cation and training in fields related to ocean, coast12 al, and climate-related activities; 

13 (10) facilitate a collaborative approach that en14 courages the participation of a diverse group of 

15 stakeholders and the public in ocean and atmos16 pheric science and policy, including persons from 

17 under-represented groups; 

18 (11) promote close cooperation among all gov19 ernment agencies and departments, academia, non20 governmental organizations, private sector and 

21 stakeholders based on this policy to ensure coherent, 

22 accountable, and effective planning, regulation, and 

23 management of activities affecting oceans and at24 mosphere, including climate; 
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1 (12) promote governance and management of 

2 the United States ocean resources through a part3 nership of the Federal Government with States, ter4 ritories, and Commonwealths that reflects their pub5 lic trust responsibilities and interest in ocean envi6 ronmental, cultural, historic, and economic re7 sources; and 

8 (13) preserve the role of the United States as 

9 a global leader in ocean, atmospheric, and climate10 related activities, and the cooperation in the national

11 interest by the United States with other nations and 

12 international organizations in ocean and climate-re13 lated activities. 

14 Subtitle A—National Oceanic and 

15 Atmospheric Administration 

16 SEC. 111. ESTABLISHMENT. 

17 There is established an agency which shall be known 

18 as the National Oceanic and Atmospheric Administration, 

19 which shall be the civilian agency principally responsible 

20 for providing oceanic, weather, and atmospheric services 

21 and supporting research, conservation, management, and 

22 education to the nation. The National Oceanic and Atmos23 pheric Administration established under this Act shall suc24 ceed the National Oceanic and Atmospheric Administra25 tion established on October 3, 1970, in Reorganization 
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1 Plan No. 4 of 1970 and shall continue the activities of 

2 that agency as it was in existence on the day before the 

3 effective date of this Act. 

4 SEC. 112. FUNCTIONS AND PURPOSES. 

5 (a) IN GENERAL.—NOAA shall be responsible for the 

6 following functions, through which it shall carry out the 

7 policy of this Act in a coordinated, integrated, and eco8 system-based manner for the benefit of the United States: 

9 (1) Management, conservation, protection, and 

10 restoration of ocean resources, including living ma11 rine resources, habitats and ocean ecosystems. 

12 (2) Observation, monitoring, assessment, fore13 casting, prediction, operations and exploration for 

14 ocean and atmospheric environments including 

15 weather, climate, navigation and marine resources. 

16 (3) Research, education and outreach, technical 

17 assistance, and technology development and innova18 tion activities relating to ocean and atmospheric en19 vironments including basic scientific research and 

20 activities that support other agency functions and 

21 missions. 

22 (b) TRANSFER OF FUNCTIONS.—There shall be 

23 transferred to the Administrator any authority established 

24 by law that, before the date of enactment of this Act, was 

25 vested in the Secretary of Commerce and pertains to the 
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1 functions, responsibilities, or duties of NOAA under sub2 section (a). 

3 SEC. 113. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN4 ISTRATION. 

5 (a) ADMINISTRATOR.—

6 (1) APPOINTMENT.—NOAA shall be adminis7 tered by the Administrator, who shall be appointed 

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

9 of the Senate. 

10 (2) COMPENSATION.—The Administrator shall 

11 be compensated at the rate provided for level II of 

12 the Executive Schedule under section 5314 of title 

13 5, United States Code. 

14 (3) QUALIFICATIONS.—The Administrator shall 

15 have a broad background, professional knowledge, 

16 and substantial experience in oceanic or atmospheric 

17 affairs, including any field relating to marine or at18 mospheric science and technology, biological 

19 sciences, engineering, as well as education, econom20 ics, governmental affairs, planning, law, or inter21 national affairs. 

22 (4) AUTHORITY.—The Administrator shall 

23 carry out all functions transferred to the Adminis24 trator by this Act and shall have authority and con-
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1 trol over all personnel, programs, and activities of 

2 NOAA. 

3 (b) DEPUTY ADMINISTRATOR.—There shall be a 

4 Deputy Administrator, who shall be appointed by the 

5 President, by and with the advice and consent of the Sen6 ate, based on the individual’s professional qualifications 

7 and without regard to political affiliation. The Deputy Ad8 ministrator shall have a broad background, professional 

9 knowledge, and substantial experience in oceanic or atmos10 pheric policy or programs, including science, technology, 

11 and education. The Deputy Administrator shall serve as 

12 an adviser to the Administrator on program and policy 

13 issues, including crosscutting program areas such as re14 search, technology, and education and shall perform such 

15 functions and exercise such powers as the Administrator 

16 may prescribe. The Deputy Administrator shall act as Ad17 ministrator during the absence or disability of the Admin18 istrator in the event of a vacancy in the office of Adminis19 trator. The Deputy Administrator shall be the Administra20 tor’s first assistant for purposes of subchapter III of chap21 ter 33 of title 5, United States Code, and shall be com22 pensated at the rate provided for level IV of the Executive 

23 Schedule under section 5315 of title 5, United States 

24 Code. 
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1 (c) ASSOCIATE ADMINISTRATOR FOR OCEAN MAN2 AGEMENT AND OPERATIONS.—There shall be in NOAA an 

3 Associate Administrator for Ocean Management and Op4 erations, who shall be appointed by the President, by and 

5 with the advice and consent of the Senate. The Associate 

6 Administrator for Ocean Management and Operations 

7 shall have a broad background, professional knowledge, 

8 and substantial experience in oceanic or atmospheric pol9 icy or programs, and shall perform such duties and exer10 cise such powers as the Administrator shall from time to 

11 time designate. The Associate Administrator shall be com12 pensated at the rate provided for level V of the Executive 

13 Schedule under section 5315 of title 5, United States 

14 Code. 

15 (d) ASSOCIATE ADMINISTRATOR FOR CLIMATE AND

16 ATMOSPHERE.—There shall be in NOAA an Associate Ad17 ministrator for Climate and Atmosphere, who shall be ap18 pointed by the President, by and with the advice and con19 sent of the Senate. The Associate Administrator for Cli20 mate and Atmosphere shall have a broad background, pro21 fessional knowledge, and substantial experience in oceanic 

22 or atmospheric policy or programs, and shall perform such 

23 duties and exercise such powers as the Administrator shall 

24 from time to time designate. The Associate Administrator 

25 shall be compensated at the rate provided for level V of 
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1 the Executive Schedule under section 5315 of title 5, 

2 United States Code. 

3 (e) CHIEF OPERATING OFFICER.—There shall be a 

4 Chief Operating Officer of NOAA, who shall assume the 

5 responsibilities held by the Deputy Undersecretary of 

6 Commerce prior to enactment of this Act. The Chief Oper7 ating Officer shall be responsible for ensuring the timely 

8 and effective implementation of NOAA’s purposes and au9 thorities and shall provide resource, budget, and manage10 ment support to the Office of the Administrator. The 

11 Chief Operating Officer shall be responsible for all aspects 

12 of NOAA operations and management, including budget, 

13 financial operations, information services, facilities, 

14 human resources, procurements, and associated services. 

15 The Chief Operating Officer shall be a Senior Executive 

16 Service position authorized under section 3133 of title 5, 

17 United States Code. 

18 (f) ASSISTANT ADMINISTRATORS.—There shall be in 

19 NOAA at least 3, but no more than 4, Assistant Adminis20 trators. The Assistant Administrators shall perform such 

21 programmatic and policy functions as the Administrator 

22 shall from time to time assign or delegate, and shall have 

23 background, professional knowledge, and substantial expe24 rience in 1 or more of the following aspects of ocean and 

25 atmospheric affairs: 
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1 (1) Resource management, protection, and res2 toration. 

3 (2) Operations, forecasting, and services (in4 cluding weather and climate). 

5 (3) Science, technology, and education. 

6 (g) GENERAL COUNSEL.—There shall be in NOAA 

7 a General Counsel appointed by the President upon rec8 ommendation by the Administrator. The General Counsel 

9 shall serve as the chief legal officer for all legal matters 

10 which may arise in connection with the conduct of the 

11 functions of NOAA. 

12 (h) COMMISSIONED OFFICERS.—

13 (1) The Administrator shall designate an officer 

14 or officers to be responsible for oversight of NOAA’s 

15 vessel and aircraft fleets and for the administration 

16 of NOAA’s commissioned officer corps under section 

17 228 of the National Oceanic and Atmospheric Ad18 ministration Commissioned Officer Corps Act of 

19 2002 (33 U.S.C. 3028). 

20 (2) The Commissioned Officer Corps of the Na21 tional Oceanic and Atmospheric Administration es22 tablished by Reorganization Plan No. 4 of October 

23 3, 1970, is the Commissioned Officer Corps of 

24 NOAA established under this Act. 
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1 (3) All statutes that applied to officers of the 

2 Commissioned Officers Corps of NOAA on the day 

3 before the date of enactment of this Act apply to of4 ficers of the Corps on and after such date. 

5 (4) There are authorized to be on the lineal list 

6 of the Commissioned Officers Corps of NOAA at 

7 least 350 officers, plus any additional officers nec8 essary to support NOAA’s missions and the oper9 ation and maintenance of NOAA’s ships and air10 craft. 

11 (5) The President may appoint in NOAA, by 

12 and with the advice and consent of the Senate, 2 

13 commissioned officers to serve at any one time as 

14 the designated heads of 2 principal constituent orga15 nizational entities of NOAA, or the President may 

16 designate 1 such officer as the head of such an orga17 nizational entity and the other as the head of the 

18 commissioned corps of NOAA. Any such designation 

19 shall create a vacancy on the active list and the offi20 cer while serving under this subsection shall have 

21 the rank, pay, and allowances of a rear admiral 

22 (upper half). 

23 (6) Any commissioned officer of NOAA who has 

24 served under paragraph (5) and is retired while so 

25 serving or is retired after the completion of such 
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1 service while serving in a lower rank or grade, shall 

2 be retired with the rank, pay, and allowances au3 thorized by law for the highest grade and rank held 

4 by him, but any such officer, upon termination of his 

5 appointment in a rank above that of captain, shall, 

6 unless appointed or assigned to some other position 

7 for which a higher rank or grade is provided, revert 

8 to the grade and number he would have occupied 

9 had he not served in a rank above that of captain 

10 and such officer shall be an extra number in that 

11 grade. 

12 (i) NAVAL DEPUTY.—The Secretary of the Navy may 

13 detail a Naval Deputy to the Administrator. This position 

14 shall be filled on an additional duty basis by the Oceanog15 rapher of the Navy. The Naval Deputy shall—

16 (1) act as a liaison between the Administrator 

17 and the Secretary of the Navy in order to avoid du18 plication between Federal oceanographic and atmos19 pheric activities; and 

20 (2) ensure coordination and joint planning by 

21 NOAA and the Navy on research, meteorological, 

22 oceanographic, and geospatial information services 

23 and programs of mutual organizational interest. 
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1 SEC. 114. RESPONSIBILITIES OF THE ADMINISTRATOR. 

2 In addition to administering and carrying out all ac3 tivities, programs, functions and duties, and exercising 

4 those powers, that are assigned, delegated, or transferred 

5 to the Administrator by this Act, any other statute, or 

6 the President, the responsibilities of the Administrator in7 clude—

8 (1) management, conservation, protection, and 

9 restoration of ocean resources, including—

10 (A) living marine resources (including fish11 eries, vulnerable species and habitats, and ma12 rine biodiversity); 

13 (B) ocean areas (including marine sanc14 tuaries, estuarine reserves, and other managed 

15 areas); 

16 (C) marine aquaculture; 

17 (D) protection of ocean environments from 

18 threats to human and ecosystem health, includ19 ing pollution and invasive species; 

20 (E) sustainable management, beneficial 

21 use, protection, and development of coastal re22 gions; and 

23 (F) mitigation of impacts of natural and 

24 manmade hazards including climate change; 

25 (2) partnering with and supporting State and 

26 local communities in undertaking management, con-
26

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1 servation, protection, and restoration of ocean re2 sources described in paragraph (1); 

3 (3) observation, analysis, processing, and com4 munication of comprehensive data and information 

5 concerning the State of—

6 (A) the upper and lower atmosphere; 

7 (B) the oceans and resources thereof; and 

8 (C) the Earth and near space environment; 

9 (4) collection, storage, analysis, and provision of 

10 reliable scientific information relating to weather (in11 cluding space weather), climate, air quality, water, 

12 navigation, marine resources, and ecosystems that 

13 can be used as a basis for sound management, pol14 icy, and public safety decisions; 

15 (5) broadly based data, observing, monitoring, 

16 and information activities, programs and systems re17 lating to oceanic and atmospheric monitoring and 

18 prediction, weather forecasting, and storm warning, 

19 including satellite-based and in-situ data collection 

20 and associated services; 

21 (6) weather forecasting, storm warnings, and 

22 other responsibilities of the Secretary of Commerce 

23 and the National Weather Service under Reorganiza24 tion Plan No. 2 of 1965, Reorganization Plan No. 

25 4 of 1970, sections 3 and 4 of the Act of October 
27

•S 1224 IS 

1 1, 1890 (15 U.S.C. 312 and 313) and the Weather 

2 Service Modernization Act (15 U.S.C. 313 note), 

3 and all other statutes, rules, plans, and orders in 

4 pari materia; 

5 (7) providing navigation and assessment oper6 ations and services, including maps and charts for 

7 the safety of marine and air navigation, maintaining 

8 a network of geographic reference coordinates for 

9 geodetic control, and observing, charting, mapping, 

10 and measuring the marine environment and ocean 

11 resources; 

12 (8) developing and improving geodetic and map13 ping methods and studies of geophysical phenomena 

14 such as crustal movement, Earth tides, and ocean 

15 circulation, including estuarine areas; 

16 (9) collecting, disseminating, and maintaining 

17 on a continuing basis information relating to the 

18 status, trends, health, use, and protection of the 

19 oceans and the atmosphere, to all interested parties, 

20 including through an integrated ocean observing sys21 tem and national and regional ecosystem-based in22 formation management systems; 

23 (10) administering, operating, and maintaining 

24 satellite and in-situ systems that can monitor global 

25 and regional atmospheric weather conditions, climate 
28

•S 1224 IS 

1 and related oceanic, solar, hydrological, and other 

2 environmental conditions, collect information re3 quired for research on weather, climate, and related 

4 environmental matters, and monitor the extent of 

5 human-induced changes in the lower and upper at6 mosphere and the related environment; 

7 (11) collecting, analyzing, and disseminating 

8 environmental information, in support of environ9 mental research and development, including data in 

10 the fields of climatology, atmospheric sciences, 

11 oceanography, biology, geology, geophysics, solar-ter12 restrial relationships, and the relationship among 

13 oceans, climate, and human health; 

14 (12) undertaking a comprehensive, integrated, 

15 and ecosystem-based program of ocean, climate, and 

16 atmospheric research related to, and supportive of 

17 the missions of NOAA and which uses research 

18 products, new findings, and methodologies to develop 

19 the most current scientific advice for ecosystem20 based management; 

21 (13) conducting environmental research and de22 velopment activities that are necessary to advance 

23 the United States ocean, atmospheric, engineering 

24 and technology expertise, including the development 

25 and operation of observing platforms such as ships, 
29

•S 1224 IS 

1 aircraft, satellites, data buoys, manned or unmanned 

2 research submersibles, underwater laboratories or 

3 platforms, and improved instruments and calibration 

4 methods, and the advancement of undersea diving 

5 techniques; 

6 (14) conducting a continuing program of ocean 

7 exploration, discovery and conservation of significant 

8 undersea resources, including cultural resources, to 

9 benefit, inform, and inspire the people of the United 

10 States, including communication of such knowledge 

11 to policymakers and the public; 

12 (15) developing and implementing, in coopera13 tion with other agencies and entities as appropriate, 

14 national ocean and atmospheric education, technical 

15 assistance, extension services, and outreach pro16 grams designed to increase literacy concerning ocean 

17 and atmospheric issues, develop a diverse work force, 

18 and enhance stewardship of ocean and atmospheric 

19 resources and environments; 

20 (16) ensuring the execution and implementation 

21 of national ocean, atmospheric, and environmental 

22 policy goals through a variety of ocean and atmos23 pheric programs; 

24 (17) undertaking activities involving the inte25 gration of domestic and international policy relating 
30

•S 1224 IS 

1 to the oceans and the atmosphere, including the pro2 vision of technical advice to the President on inter3 national negotiations involving ocean resources, 

4 ocean technologies, and climate matters; 

5 (18) providing for, encouraging, and assisting 

6 public participation in the development and imple7 mentation of ocean and atmospheric policies and 

8 programs; 

9 (19) conducting, supporting, and coordinating 

10 efforts to enhance public awareness of NOAA, its 

11 purposes, programs, activities and the results there12 of, including education and outreach to the public, 

13 teachers, students, and ocean resource managers; 

14 (20) partnering with other government agen15 cies, States, academia, and the private sector, via co16 operative agreements or other formal or informal ar17 rangements, to improve the acquisition of data and 

18 information and the implementation of management, 

19 monitoring, research, exploration, education, and 

20 other programs; 

21 (21) partnering with other Federal agencies 

22 and with States and communities to address the 

23 issues of land-based activities and their impact on 

24 the ocean environment; and 
31

•S 1224 IS 

1 (22) coordination with other Federal agencies 

2 having related responsibilities. 

3 SEC. 115. POWERS OF THE ADMINISTRATOR. 

4 (a) DELEGATION.—Unless otherwise prohibited by 

5 law or reserved by the Secretary of Commerce, the respon6 sibilities of the Administrator may be delegated by the Ad7 ministrator to other officials in NOAA, and may be redele8 gated as authorized by the Administrator. 

9 (b) REGULATIONS.—The Administrator is authorized 

10 to issue, amend, and rescind such rules and regulations 

11 as are necessary or appropriate to carry out the respon12 sibilities and functions of the Administrator. The promul13 gation of such rules and regulations shall be governed by 

14 the provisions of chapter 5 of title 5, United States Code. 

15 (c) CONTRACTS.—The Administrator is authorized, 

16 without regard to section 3324(a) and (b) of title 31, 

17 United States Code, to enter into and perform such con18 tracts, leases, grants, cooperative agreements, or other 

19 transactions (without regard to chapter 63 of title 31, 

20 United States Code), as may be necessary to carry out 

21 NOAA’s purposes and authorities, on terms the Adminis22 trator deems appropriate, with Federal agencies, instru23 mentalities, and laboratories, State and local governments, 

24 including territories or possessions, Native American 

25 tribes and organizations, international organizations, for-
32

•S 1224 IS 

1 eign governments, educational institutions, nonprofit orga2 nizations, commercial organizations, and other public and 

3 private persons or entities. 

4 (d) GIFTS AND DONATIONS.—

5 (1) IN GENERAL.—Notwithstanding section 

6 1342 of title 31, United States Code, and subject to 

7 such conditions and covenants the Administrator 

8 deems appropriate, the Administrator is authorized 

9 to accept, hold, administer, and utilize—

10 (A) gifts, bequests or donations of services, 

11 money or property, real or personal (including 

12 patents and rights thereunder), mixed, tangible 

13 or intangible, or any interest therein; 

14 (B) contributions of funds; and 

15 (C) funds from Federal agencies, instru16 mentalities, and laboratories, State and local 

17 governments, Native American tribes and orga18 nizations, international organizations, foreign 

19 governments, educational institutions, nonprofit 

20 organizations, commercial organizations, and 

21 other public and private persons or entities. 

22 (2) USE, OBLIGATION, AND EXPENDITURE.—

23 The Administrator may use property and services 

24 accepted by NOAA under paragraph (1) to carry out 

25 the mission and purposes of NOAA. Amounts ac-
33

•S 1224 IS 

1 cepted by NOAA under paragraph (1) shall be avail2 able for obligation by NOAA, and be available for 

3 expenditure by NOAA to carry out mission and pur4 poses of NOAA. 

5 (e) FACILITIES AND PERSONNEL.—The Adminis6 trator may use, with their consent, and with or without 

7 reimbursement, the services, equipment, personnel, and 

8 facilities of Federal agencies, instrumentalities and labora9 tories, State and local governments, Native American 

10 tribes and organizations, international organizations, for11 eign governments, educational institutions, nonprofit orga12 nizations, commercial organizations, and other public and 

13 private persons or entities. 

14 (f) INFORMATION.—The Administrator shall provide 

15 for the most practicable and widest appropriate dissemina16 tion of information concerning NOAA, its purposes, pro17 grams, activities and the results thereof, including author18 ity to conduct education, technical assistance and outreach 

19 to the public, teachers, students, and ocean and coastal 

20 resource managers. 

21 (g) ACQUISITION AND CONSTRUCTION.—The Admin22 istrator may— 

23 (1) acquire (by purchase, lease, condemnation, 

24 or otherwise), lease, sell, or convey, services, money 

25 or property, real or personal (including patents and 
34

•S 1224 IS 

1 rights thereunder), mixed, tangible or intangible, or 

2 any interest therein; and 

3 (2) construct, improve, repair, operate, main4 tain or dispose of real or personal property, includ5 ing buildings, facilities, and land.

6 SEC. 116. ENFORCEMENT. 

7 (a) AUTHORITY.—The Administrator shall have the 

8 authority to enforce the applicable provisions of any Act, 

9 the enforcement of which is, in whole or in part, assigned, 

10 delegated, or transferred to the Administrator, and any 

11 term of a license, permit, regulation, or order issued pur12 suant thereto. The Administrator may designate any per13 son, officer, or agency to exercise the authority of the Ad14 ministrator under this title. 

15 (b) USE OF STATE PERSONNEL.—

16 (1) IN GENERAL.—The Administrator may—

17 (A) utilize by agreement, with or without 

18 reimbursement, the personnel, services, and fa19 cilities of any State agency to the extent the 

20 Administrator deems it necessary and appro21 priate for effective enforcement of any law for 

22 which the Administrator has enforcement au23 thority; and 
35

•S 1224 IS 

1 (B) designate such personnel to exercise 

2 the enforcement authority of the Administrator 

3 under subsection (a). 

4 (2) STATUS AND POWERS.—Any personnel des5 ignated by the Administrator under paragraph 

6 (1)(B)—

7 (A) shall not be deemed to be Federal em8 ployees (except as provided in subparagraph 

9 (D)) and shall not be subject to the provisions 

10 of law relating to Federal employment, includ11 ing those relating to hours of work, competitive 

12 examination, rates of compensation, and Fed13 eral employee benefits, but may be considered 

14 to be eligible for compensation for work-related 

15 injuries under subchapter III of chapter 81 of 

16 title 5, United States Code, sustained while act17 ing pursuant to such designation; 

18 (B) shall be considered to be investigative 

19 or law enforcement officers of the United States 

20 for purposes of the tort claim provisions of title 

21 28, United States Code; 

22 (C) may, to the extent specified by the Ad23 ministrator, search, seize, arrest, and exercise 

24 any other law enforcement functions or authori25 ties described in this title where such authori-
36

•S 1224 IS 

1 ties are made applicable by this or other law to 

2 employees, officers, or other persons designated 

3 or employed by the Administrator; and 

4 (D) shall be considered to be officers or 

5 employees of the Department of Commerce for 

6 purposes of sections 111 and 1114 of title 18, 

7 United States Code. 

8 (c) COOPERATIVE ENFORCEMENT AGREEMENTS.—

9 The Administrator may enter into cooperative agreements 

10 with State authorities to ensure coordinated enforcement 

11 of State and Federal laws and by such agreements assume 

12 enforcement authority under State law when the Adminis13 trator and State authorities deem it to be appropriate. 

14 When so authorized, the Administrator or the Administra15 tor’s designee may function as a State law enforcement 

16 officer within the scope of the delegation, except that Fed17 eral law shall control the resolution of any conflict con18 cerning the employee status of any Federal officer while 

19 enforcing State law. 

20 SEC. 117. REGIONAL CAPABILITIES. 

21 The Administrator shall—

22 (1) organize agency activities and programs 

23 around common eco-regional boundaries identified 

24 through a process established by the Council on 

25 Ocean Stewardship, based upon recommendations 
37

•S 1224 IS 

1 contained in the report of the Commission on Ocean 

2 Policy, so as to—

3 (A) enhance inter- and intra-agency co4 operation; 

5 (B) maximize Federal capabilities in such 

6 region; 

7 (C) develop coordinated, ecosystem-based 

8 management and research programs; 

9 (D) develop research partnerships with 

10 States and academia; 

11 (E) substantially improve the ability of the 

12 public to contact and work with all relevant 

13 Federal agencies; and 

14 (F) maximize opportunities to work in 

15 partnership with States in order to facilitate 

16 eco-regional management and enhance State 

17 and local capacity to manage issues on an eco18 regional basis; 

19 (2) work with other Federal agencies, including 

20 the Environmental Protection Agency, the United 

21 States Fish and Wildlife Service, U.S. Army Corps 

22 of Engineers, and State agencies to—

23 (A) encourage similar eco-regional organi24 zation and, if appropriate, co-location of related 
38

•S 1224 IS 

1 programs and facilities to achieve goals of para2 graph (1); and 

3 (B) in planning and implementing eco-re4 gional activities to encourage early cooperation, 

5 coordination, and integration across the Federal 

6 agencies and with relevant State programs, and 

7 to assure applicable Federal and State ocean 

8 policies; and 

9 (3) NOAA shall in consultation with the States, 

10 develop regional information programs as rec11 ommended by the Commission on Ocean Policy, in12 cluding—

13 (A) coordinated research strategies; 

14 (B) integrated ocean and atmospheric 

15 monitoring and observation activities; and 

16 (C) establishment of service centers and 

17 coordinators to support development of innova18 tive tools, technologies, training, and technical 

19 assistance to facilitate the implementation of 

20 ecosystem-based management. 

21 SEC. 118. INTERGOVERNMENTAL COORDINATION. 

22 (a) AVOIDANCE OF DUPLICATIVE REQUIREMENTS.—

23 In administering the provisions of this Act, the Adminis24 trator shall consult and coordinate with the head of any 

25 Federal department or agency having authority to issue 
39

•S 1224 IS 

1 any license, lease, or permit to engage in an activity rela2 tion to the functions of the Administrator for purposes 

3 of assuring that inconsistent or duplicative requirements 

4 are not imposed upon any applicant for or holder of any 

5 such license, lease, or permit.

6 (b) AVOIDANCE OF INCONSISTENT AND CONFLICTING

7 ACTIVITIES AND POLICIES.—To identify and resolve in8 consistent or conflicting Federal oceanic and atmospheric 

9 activities and policies, the Administrator shall—

10 (1) consult and coordinate with the head of any 

11 Federal department or agency on the activities and 

12 policies of that department or agency related to the 

13 functions of the Administrator; 

14 (2) request of the head of any Federal depart15 ment or agency clarification and justification of 

16 those activities and policies that the Administrator 

17 determines are inconsistent or conflicting with his 

18 functions; and 

19 (3) issue, as the Administrator deems appro20 priate, reports to the President, the Council on 

21 Ocean Stewardship, the head of any Federal depart22 ment or agency, and to Congress concerning incon23 sistent or conflicting activities and policies of any 

24 Federal department or agency relating to ocean and 

25 atmospheric activities, including recommendations 
40

•S 1224 IS 

1 on how to reconcile inconsistent and conflicting Fed2 eral oceanic and atmospheric activities and policies 

3 throughout the Federal Government. 

4 (c) CONSULTATION WITH ADMINISTRATOR.—The 

5 head of any Federal department or agency and all other 

6 Federal officials having responsibilities related to the func7 tions of the Administrator shall consult with the Adminis8 trator when the subject matter of action or activities de9 scribed in this Act are directly involved, to assure that 

10 all such activities are well coordinated. 

11 (d) COORDINATION WITH STATES.—The Adminis12 trator shall ensure that NOAA programs work with the 

13 States (including territories and possessions) to encourage 

14 early cooperation, coordination, and integration of State 

15 and Federal ocean and atmospheric programs, including 

16 planning and implementing eco-regional activities. 

17 (e) OFFICE OF INTERGOVERNMENTAL AFFAIRS.—

18 The Administrator shall establish an office of intergovern19 mental affairs to assist in implementing this section and 

20 to facilitate planning of joint programs between NOAA 

21 line offices and other Federal agencies, including the De22 partment of Defense. 
41

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1 SEC. 119. INTERNATIONAL CONSULTATION AND COOPERA2 TION. 

3 (a) COOPERATION WITH SECRETARY OF STATE.—

4 The Administrator shall cooperate to the fullest prac5 ticable extent with the Secretary of State in providing rep6 resentation at all meetings and conferences relating to ac7 tions or activities described in this Act in which represent8 atives of the United States and foreign countries partici9 pate. 

10 (b) CONSULTATION WITH ADMINISTRATOR.—The 

11 Secretary of State and all other officials having respon12 sibilities for agreements, treaties, or understanding with 

13 foreign nations and international bodies shall consult with 

14 the Administrator when the subject matter or activities 

15 described in this Act are involved, with a view to assuring 

16 that such interests are adequately represented. 

17 SEC. 120. REPORT ON OCEANIC AND ATMOSPHERIC CONDI18 TIONS AND TRENDS. 

19 Not later than 12 months after the date of enactment 

20 of this Act, and biennially thereafter, the Administrator 

21 shall, in consultation with relevant Federal and State 

22 agencies, submit to Congress a report on—

23 (1) the status and condition of the United 

24 States ocean and atmospheric environments (includ25 ing with respect to climate change); 
42

•S 1224 IS 

1 (2) current and foreseeable trends in the qual2 ity, management and utilization of such environ3 ments; and 

4 (3) the effects of those trends on the social, 

5 economic, ecological, and other requirements of the 

6 United States. 

7 SEC. 121. CONFORMING AMENDMENTS AND REPEALS. 

8 (a) REORGANIZATION PLAN NO. 4.—Reorganization 

9 Plan No. 4 of 1970 (5 U.S.C. App.) is repealed. 

10 (b) REFERENCES TO NOAA.—Any reference to the 

11 National Oceanic and Atmospheric Administration, the 

12 Under Secretary of Commerce for Oceans and Atmosphere 

13 (either by that title or by the title of the Administrator 

14 of NOAA), or any other official of the National Oceanic 

15 and Atmospheric Administration, in any law, rule, regula16 tion, certificate, directive, instruction, or other official 

17 paper in force on the effective date of this Act shall be 

18 deemed to refer and apply to the National Oceanic and 

19 Atmospheric Administration established in this Act, or the 

20 position of Administrator established in this Act, respec21 tively. 

22 (c) REFERENCES TO NOAA AS WITHIN THE DE23 PARTMENT OF COMMERCE.—

24 (1) Section 407 of Public Law 99–659 (15 

25 U.S.C. 1503b) is repealed. 
43

•S 1224 IS 

1 (2) Section 12 of the Act of February 14, 1903 

2 (15 U.S.C. 1511) is amended by striking paragraph 

3 (1) and redesignating paragraphs (2) through (6) as 

4 paragraphs (1) through (5), respectively. 

5 (d) CONFORMING AMENDMENT TO TITLE 5.—Sec6 tion 5315 of title 5, United States Code, is amended by 

7 striking ‘‘Assistant Secretaries of Commerce (11).’’ and 

8 inserting ‘‘Assistant Secretaries of Commerce (10).’’. 

9 SEC. 122. SAVINGS PROVISION. 

10 All rules and regulations, determinations, standards, 

11 contracts, certifications, authorizations, appointments, 

12 delegations, results and findings of investigations, or other 

13 actions duly issued, made, or taken by or pursuant to or 

14 under the authority of any statute which resulted in the 

15 assignment of functions or activities to the Secretary, the 

16 Department of Commerce, the Under Secretary, the Ad17 ministrator or any other officer of NOAA, in effect imme18 diately before the date of enactment of this Act shall con19 tinue in full force and effect after the date of enactment 

20 of this Act until modified or rescinded. 

21 SEC. 123. TRANSITION. 

22 (a) EFFECTIVE DATE.—The provisions of title II of 

23 this Act shall become effective 2 years from the date of 

24 enactment of this Act. 
44

•S 1224 IS 

1 (b) REORGANIZATION.—The Administrator of 

2 NOAA, in consultation with the Assistant Administrator 

3 for Program Planning and Integration, shall no later than 

4 18 months after the date of enactment of this Act, submit 

5 a plan and budget proposal to Congress setting forth a 

6 proposal for program and agency reorganization that 

7 will—

8 (1) meet the requirements of title II; 

9 (2) reflect the recommendations of the Commis10 sion on Ocean Policy, particularly with respect to 

11 ecosystem-based science and management and addi12 tional budgetary requirements; and 

13 (3) provide integrated oceanic and atmospheric 

14 programs and services for the benefit of the Nation. 

15 Subtitle B—Federal Coordination 

16 and Advice 

17 SEC. 131. COUNCIL ON OCEAN STEWARDSHIP. 

18 There is established in the Executive Office of the 

19 President a Council on Ocean Stewardship. 

20 SEC. 132. MEMBERSHIP. 

21 (a) MEMBERSHIP.—The Council shall be composed of 

22 at least 3 but no more than 5 members who shall be ap23 pointed by the President to serve at the pleasure of the 

24 President, by and with the advice and consent of the Sen25 ate. 
45

•S 1224 IS 

1 (b) CHAIRMAN.—The President shall designate 1 of 

2 the members of the Council to serve as Chairman. 

3 (c) QUALIFICATIONS.—Each member shall be a per4 son who, as a result of training, experience, and attach5 ments, is exceptionally well qualified—

6 (1) to analyze and interpret ocean and atmos7 pheric trends and information of all kinds; 

8 (2) to appraise programs and activities of the 

9 Federal Government in the light of the policy set out 

10 in section 103; 

11 (3) to be conscious of and responsive to the sci12 entific, environmental, ecosystem, economic, social, 

13 aesthetic and cultural needs and interests of the 

14 United States; and 

15 (4) to formulate and recommend national poli16 cies to promote the improvement and the quality of 

17 the ocean and atmospheric environments, including 

18 as those environments relate to practices on land. 

19 SEC. 133. FUNCTIONS OF COUNCIL. 

20 (a) COORDINATION AND ADVICE.—The Council—

21 (1) shall coordinate ocean and atmospheric ac22 tivities among Federal agencies and departments, 

23 particularly focusing on the policy set out in section 

24 103 and national priorities identified in section 134, 

25 while minimizing duplication, including ensuring 
46

•S 1224 IS 

1 other ocean-related agencies work together at the 

2 operation, program, and research levels in coopera3 tion with NOAA; 

4 (2) shall provide a forum for improving Federal 

5 interagency planning, budget and program coordina6 tion, administration, outreach, and cooperation on 

7 such programs and activities; 

8 (3) shall ensure that all Federal agencies en9 gaged in ocean and atmospheric activities adopt and 

10 implement the principle of ecosystem-based manage11 ment and take necessary steps to improve regional 

12 coordination and delivery of services around common 

13 eco-regional boundaries; 

14 (4) shall review and evaluate the various pro15 grams and activities of the Federal Government in 

16 light of the policy set out in section 103 and na17 tional priorities identified in section 134 for the pur18 pose of determining the extent to which such pro19 grams and activities are effective and contributing to 

20 the achievement of such policy and the overall health 

21 of ocean and atmospheric environment, including 

22 marine ecosystems; 

23 (5) shall conduct an annual review and analysis 

24 of funding proposed for ocean and atmospheric re25 search and management in all Federal agency budg-
47

•S 1224 IS 

1 ets, and provide budget recommendations to the 

2 President, the agencies, and the Office of Manage3 ment and Budget that will achieve the policies set 

4 out in section 103 and address the national prior5 ities identified in section 134, improve coordination, 

6 cooperation, and effectiveness of such activities, 

7 eliminate unnecessary overlap, and identify areas of 

8 highest priority for funding and support; 

9 (6) shall identify progress made by Federal 

10 ocean and atmospheric programs toward achieving 

11 the goals of—

12 (A) providing more effective protection and 

13 restoration of marine ecosystems; 

14 (B) improving predictions of climate 

15 change and variability (weather), including their 

16 effects on coastal communities and the nation; 

17 (C) improving the safety and efficiency of 

18 marine operations; 

19 (D) more effectively mitigating the effects 

20 of natural hazards; 

21 (E) reducing public health risks from 

22 ocean and atmospheric sources; 

23 (F) ensuring sustainable use of resources; 

24 and 
48

•S 1224 IS 

1 (G) improving national and homeland secu2 rity; 

3 (7) shall promote efforts to increase and en4 hance partnerships with coastal and Great Lakes 

5 States and other non-federal entities to support en6 hanced regional research, resource and hazards man7 agement, education and outreach, and marine eco8 system protection, maintenance, and restoration; 

9 (8) shall identify statutory and regulatory 

10 redundancies or omissions and develop strategies to 

11 resolve conflicts, fill gaps, and address new and 

12 emerging ocean and atmospheric issues for national 

13 and regional benefit; 

14 (9) shall emphasize the development and sup15 port of partnerships among government agencies 

16 and nongovernmental organizations, academia, and 

17 the private sector including regional partnerships; 

18 (10) shall expand research, education, and out19 reach efforts by all Federal agencies undertaking 

20 ocean and atmospheric activities; and 

21 (11) may establish a Federal Coordinating 

22 Committee on Oceans, chaired by the Council chair23 man, to carry out the coordination of ocean and at24 mospheric programs and priorities required under 

25 this title. 
49

•S 1224 IS 

1 (b) CONSULTATION.—In exercising its powers, func2 tions, and duties under this title, the Council shall—

3 (1) consult with the Administrator and with the 

4 Presidential Panel of Advisers on Oceans and Cli5 mate established under this Act to ensure input

6 from potentially affected States, territories, and 

7 Commonwealths, the public and other stakeholders; 

8 (2) work in close consultation and cooperation 

9 with the Council on Environmental Quality, the Of10 fice of Science and Technology Policy, the Council of 

11 Economic Advisers, and other offices within the Ex12 ecutive Office of the President; 

13 (3) utilize the expertise and coordinating capa14 bilities of the National Ocean Science Committee 

15 (and any ocean-related committees formed under the 

16 Council) with respect to ocean and atmospheric 

17 science, technology, and education matters, including 

18 development of a national research strategy; and 

19 (4) utilize, to the fullest extent possible, the 

20 services, facilities, and information (including statis21 tical information) of public and private agencies and 

22 organization, and individuals, in order that duplica23 tion of effort and expense may be avoided, thus as24 suring that the Council’s activities will not unneces25 sarily overlap or conflict with similar activities au-
50

•S 1224 IS 

1 thorized by law and performed by NOAA and other 

2 established agencies. 

3 (c) REVIEWS AND REPORTS.—The Council shall—

4 (1) prepare the biennial report required by sec5 tion 136; and 

6 (2) make and furnish such studies, reports 

7 thereon, and recommendations with respect to mat8 ters of policy and legislation as the President may 

9 request. 

10 SEC. 134. NATIONAL PRIORITIES FOR COORDINATION. 

11 The Council, in coordination with the National Ocean 

12 Science Committee, shall ensure that the Federal agencies 

13 conducting ocean and atmospheric activities give the fol14 lowing areas priority attention and develop coordinated 

15 Federal budgets, programs, and operations that will mini16 mize duplication and foster improved services and other 

17 benefits to the United States: 

18 (1) Prevention, management and control of 

19 nonpoint source pollution including regional or wa20 tershed strategies. 

21 (2) An integrated ocean and coastal observing 

22 system and an associated Earth observing system. 

23 (3) Ecosystem-based management, protection, 

24 and restoration of ocean and atmospheric resources 

25 and environments, including management-oriented 
51

•S 1224 IS 

1 research, technical assistance and organization of 

2 programs and activities along common eco-regional 

3 boundaries. 

4 (4) Ocean education and outreach. 

5 (5) Regionally based coastal land protection, 

6 conservation, maintenance, and restoration. 

7 (6) Enhanced research and technology develop8 ment on crosscutting areas, including—

9 (A) oceans and human health; 

10 (B) social science and economics; 

11 (C) atmospheric monitoring and climate 

12 change; 

13 (D) marine ecosystems, marine biodiver14 sity, and ocean exploration; 

15 (E) marine and atmospheric hazards, in16 cluding sea level rise and geological events; and 

17 (F) marine aquaculture. 

18 (7) Characterization and mapping of the coastal 

19 zone, coastal State waters, the territorial sea, the 

20 Exclusive Economic Zone and outer continental 

21 shelf, including ocean resources. 

22 SEC. 135. EMPLOYEES. 

23 (a) ASSISTANCE FROM FEDERAL AGENCIES.—

24 (1) IN GENERAL.—For the purpose of carrying 

25 out the functions of the Council, each Federal agen-
52

•S 1224 IS 

1 cy or department that conducts oceanic or atmos2 pheric activities shall furnish any assistance re3 quested by the Council. 

4 (2) FORMS OF ASSISTANCE.—Assistance fur5 nished by Federal agencies and departments under 

6 paragraph (1) may include—

7 (A) detailing employees to the Council to 

8 perform such functions, consistent with the pur9 poses of this section, as the Chairman of the 

10 Council may assign to them; and 

11 (B) undertaking, upon request of the 

12 Chairman of the Council, such special studies 

13 for the Council as are necessary to carry out its 

14 functions. 

15 (3) PERSONNEL MANAGEMENT.—The Chairman 

16 of the Council shall have the authority to make per17 sonnel decisions regarding any employees detailed to 

18 the Council. 

19 (b) EMPLOYMENT OF PERSONNEL, EXPERTS, AND

20 CONSULTANTS.—The Council may—

21 (1) employ such officers and employees as may 

22 be necessary to carry out its functions under this 

23 title; 

24 (2) employ and fix the compensation of such ex25 perts and consultants as may be necessary for the 
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1 carrying out of its functions under this chapter, in 

2 accordance with section 3109 of title 5, United

3 States Code, (without regard to the last sentence 

4 thereof); and 

5 (3) accept and employ voluntary and uncompen6 sated services in furtherance of the purposes of the 

7 Council notwithstanding section 1342 of title 31, 

8 United States Code. 

9 SEC. 136. BIENNIAL REPORT TO CONGRESS. 

10 (a) IN GENERAL.—Not later than 18 months after 

11 the date of enactment of this Act, and biennially there12 after, the President, through the Council, shall submit to 

13 Congress a report on Federal ocean and atmospheric pro14 grams, priorities, and accomplishments which shall in15 clude—

16 (1) a comprehensive description of the ocean 

17 and atmospheric programs and accomplishments of 

18 all agencies and departments of the United States; 

19 (2) an evaluation of such programs and accom20 plishments in terms of the national ocean policy set 

21 out in section 103 and the national priorities identi22 fied in section 134, specifying progress made with 

23 respect to the goals set out in this title; 

24 (3) a report on progress in improving Federal 

25 and State coordination on ocean and atmospheric ac-
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1 tivities, including coordination efforts required in 

2 this Act; 

3 (4) an analysis of the Federal budget allocated 

4 to such programs including estimates of the funding 

5 requirements of each such agency or department for 

6 such programs during the succeeding 5-to-10 fiscal 

7 years; 

8 (5) recommendations for remedying deficiencies, 

9 and for improving organization, effectiveness, and 

10 outreach of Federal ocean and atmospheric pro11 grams and services, on a regional and national basis, 

12 including support for State and local efforts that le13 verage public, nongovernmental, and private sector 

14 involvement; and 

15 (6) recommendations for legislative or other ac16 tion. 

17 (b) PRESIDENTIAL TRANSMITTAL.—The President 

18 shall transmit the biennial report pursuant to this section 

19 to the President of the Senate and the Speaker of the 

20 House of Representatives not later than December 31 of 

21 the year in which it is due. 

22 (c) AGENCY COOPERATION.—Each Federal agency 

23 and department shall cooperate by providing such data 

24 and information without cost as may be requested by the 

25 Council for the purpose of this section. Each Federal 
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1 agency and department shall provide services and per2 sonnel on a cost reimbursable basis at the request of the 

3 Chairman of the Council for the purpose of accomplishing 

4 the requirements of this section. 

5 SEC. 137. PRESIDENTIAL PANEL OF ADVISERS ON OCEANS 

6 AND CLIMATE. 

7 (a) ESTABLISHMENT; PURPOSE.—The President 

8 shall establish a Presidential Panel of Advisers on Oceans 

9 and Climate. The purpose of the Presidential Panel shall 

10 be—

11 (1) to advise and assist the President and the 

12 Chairman of the Ocean Stewardship Council in iden13 tifying and fostering policies to protect, manage, and 

14 restore ocean and atmospheric environments and re15 sources, both on a regional and national basis; and 

16 (2) to undertake a continuing review, on a se17 lective basis, of priority issues relating to national 

18 ocean and atmospheric policy (including climate 

19 change), conservation and management of ocean en20 vironments and resources, and the status of the 

21 ocean and atmospheric science and service programs 

22 of the United States. 

23 (b) MEMBERSHIP.—

24 (1) IN GENERAL.—The Presidential Panel shall 

25 consist of not more than 25 members, one of whom 
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1 shall be the Chairman of the Council on Ocean 

2 Stewardship, and 24 of whom shall be non-Federal 

3 members appointed by the President, including at 

4 least one representative nominated by a Governor 

5 from each of the coastal regions identified in the Re6 port of the Commission on Ocean Policy and rep7 resentatives of the States and various stakeholders. 

8 (2) CHAIR.—The Chairman of the Council on 

9 Ocean Stewardship shall co-chair the Presidential 

10 Panel with a non-Federal member designated by the 

11 President. 

12 (c) APPOINTMENT AND QUALIFICATIONS.—The 

13 members of the Presidential Panel shall be appointed by 

14 the President for 3-year terms from among individuals 

15 with diverse perspectives and expertise in 1 or more of 

16 the disciplines or fields associated with ocean and atmos17 pheric policy, including—

18 (1) marine-related State and local government 

19 functions; 

20 (2) ocean and coastal resource conservation and 

21 management; 

22 (3) atmospheric or ocean science, engineering, 

23 and technology; 

24 (4) the marine industry (including recreation 

25 and tourism); 
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1 (5) climate change;

2 (6) atmospheric or coastal hazards; and 

3 (7) other fields appropriate for consideration of 

4 matters of oceanic or atmospheric policy. 

5 (d) VACANCIES.—An individual appointed to fill a va6 cancy occurring before the expiration of the term for which 

7 his or her predecessor was appointed shall be appointed 

8 only for the remainder of such term. No individual may 

9 be reappointed to the Presidential Panel for more than 

10 1 additional 3-year term. A member may serve after the 

11 date of the expiration of the term of office for which ap12 pointed until his or her successor has taken office. 

13 (e) COMPENSATION.—Each member of the Presi14 dential Panel shall, while serving on business of the Com15 mission, be entitled to receive compensation at a rate not 

16 to exceed a daily rate to be determined by the President 

17 consistent with other Federal advisory boards. Federal 

18 and State officials serving on the Commission and serving 

19 in their official capacity shall not receive compensation in 

20 addition to their Federal or State salaries for their time 

21 on the Commission. Members of the Presidential Panel 

22 may be compensated for reasonable travel expenses while 

23 performing their duties as members. 

24 (f) MEETINGS.—The Presidential Panel shall meet at 

25 least twice per year, or as prescribed by the President. 
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1 (g) REPORTS.—

2 (1) IN GENERAL.—The Presidential Panel shall 

3 submit an annual report to the President and to the 

4 Congress setting forth an assessment, on a selective 

5 basis, of the status of the Nation’s ocean activities, 

6 and shall submit such other reports as may from 

7 time to time be requested by the President or the 

8 Congress. The Presidential Panel shall submit its 

9 annual report on or before June 30 of each year, be10 ginning 2 years after the date of enactment of this 

11 Act. 

12 (2) COMMENT AND REVIEW BY COUNCIL.—

13 Each annual report shall also be submitted to the 

14 Chairman of the Council on Ocean Stewardship who 

15 shall, in consultation with the Administrator, not 

16 later than 60 days after receipt of such report, 

17 transmit his or her comments and recommendations 

18 to the President and to Congress. 

19 SEC. 138. FEDERAL PROGRAM RECOMMENDATIONS. 

20 Not later than 3 years after the issuance of the final 

21 report of the Commission on Ocean Policy, the President, 

22 in consultation with the Administrator, and considering 

23 the recommendations of the Commission on Ocean Policy, 

24 the Ocean Stewardship Council, and the Presidential 
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1 Panel of Advisers on Oceans and Coasts, shall submit to 

2 Congress recommendations—

3 (1) for the transfer of relevant oceanic or at4 mospheric programs, functions, services, and associ5 ated resources to the National Oceanic and Atmos6 pheric Administration from any other Federal agen7 cy; 

8 (2) for consolidation or elimination of oceanic 

9 or atmospheric programs, functions, services, or re10 sources within or among Federal agencies if their 

11 consolidation or elimination would not undermine 

12 policy goals set out in section 103; and 

13 (3) regarding Federal reorganization, including 

14 elevation of NOAA to departmental status or the es15 tablishment of a new department that would provide 

16 increased national attention and resources to oceanic 

17 and atmospheric needs and priorities. 

18 SEC. 139. IMPLEMENTATION. 

19 Not later than 18 months after the date of enactment 

20 of this Act, the Administrator shall— 

21 (1) promulgate such regulations as may be nec22 essary or appropriate to implement this subtitle; and 

23 (2) submit to Congress detailed recommenda24 tions on technical and conforming amendments to 
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1 Federal law necessary to carry out this subtitle and 

2 the amendments made by this subtitle. 

3 SEC. 140. NO EFFECT ON OTHER AUTHORITIES. 

4 Except as explicitly provided in this title, nothing in 

5 this title or the amendments made by this title shall be 

6 construed to modify the authority of the Administrator 

7 under any other provision of law. 

8 Subtitle C—Ocean Conservation 

9 Certification 

10 SEC. 151. COVERED ACTION DEFINED. 

11 The term ‘‘covered action’’ under this subtitle means 

12 any activity affecting United States ocean or coastal wa13 ters or resources, that is authorized (including the 

14 issuance of a Federal license or permit), carried out, or 

15 funded by a Federal agency. 

16 SEC. 152. CERTIFICATION. 

17 The head of each Federal agency that undertakes, 

18 authorizes, or funds a covered action shall, not less than 

19 90 days prior to taking final agency action, make a certifi20 cation that the action— 

21 (1) complies with all relevant and applicable 

22 laws relating to ocean or coastal waters and re23 sources; 
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1 (2) is consistent with the protection, mainte2 nance, and restoration of marine ecosystem health; 

3 and 

4 (3) is not— 

5 (A) likely to significantly degrade the 

6 health of marine resources; or 

7 (B) likely to significantly impede the res8 toration of marine resources. 

9 SEC. 153. REVIEW. 

10 (a) REQUIREMENT FOR REVIEW.—The Adminis11 trator, in consultation with the Chair of the Council on 

12 Ocean Stewardship, shall review a certification made by 

13 the Federal agency under section 152, and any materials 

14 related to such certification, and determine whether the 

15 Administrator concurs with the certification. 

16 (b) WRITTEN ANALYSIS.—Not later than 90 days 

17 after submission of the certification, the Administrator 

18 shall provide a written analysis to the head of the appro19 priate Federal agencies documenting the basis for the de20 termination on the certification. 

21 SEC. 154. EFFECT. 

22 If the Administrator does not concur with a certifi23 cation made by the head of a Federal agency under section 

24 152, the Administrator shall provide the Federal agency 

25 with recommendations to remedy the identified defi-
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1 ciencies within 30 days. The head of the Federal agency 

2 shall incorporate such recommendations and submit to the 

3 Administrator and the Council on Ocean Stewardship a 

4 report documenting how the agency shall implement the 

5 recommendations prior to taking final agency action or 

6 any subsequent action. 

7 SEC. 155. GUIDELINES. 

8 Not later than 12 months after the date of the enact9 ment of this Act, the Administrator, in consultation with 

10 the Council on Ocean Stewardship, shall issue guidelines 

11 setting forth the process by which the Administrator will 

12 implement this subtitle with respect to covered actions, in13 cluding consultation and review process. 

14 SEC. 156. EMERGENCY EXEMPTION. 

15 The head of a Federal agency may seek an emergency 

16 exemption from the requirements of this subtitle if the 

17 President determines that the covered action is necessary 

18 to address a national or State emergency affecting public 

19 health and safety. 

20 SEC. 157. EFFECTIVE DATE. 

21 The provisions of this subtitle shall become effective 

22 on the date that is 2 years after the date of enactment 

23 of this Act. 
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1 Subtitle D—Offshore Governance 

2 SEC. 161. MANAGEMENT AND PERMITTING OF OFFSHORE 

3 USES FOR NON-EXTRACTIVE ACTIVITIES. 

4 (a) IN GENERAL.—The Administrator, in coordina5 tion with the Secretary of the Interior, the Administrator 

6 of the Environmental Protection Agency, and the Army 

7 Corps of Engineers, shall develop and maintain a coordi8 nated offshore permitting program (referred to in this sec9 tion as the ‘‘Program’’ for activities in Federal waters, 

10 including—

11 (1) marine aquaculture; 

12 (2) alternative and renewable energy facilities; 

13 (3) installation of undersea cables; and 

14 (4) marine bioprospecting operations. 

15 (b) PROGRAM GOALS.—The Program shall ensure 

16 that activities authorized under this section are conducted 

17 in a manner that provides for—

18 (1) safety; 

19 (2) protection of the environment; 

20 (3) conservation of the natural resources of the 

21 outer Continental Shelf; 

22 (4) a fair return to the Federal Government for 

23 any lease granted under this subsection; and 
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1 (5) prevention of interference with reasonable 

2 uses of the high seas, exclusive economic zone, and 

3 territorial sea. 

4 (c) PROGRAM REQUIREMENTS.—The Program shall 

5 set forth procedures and criteria for—

6 (1) ensuring that management of the outer 

7 Continental Shelf is conducted in a manner which 

8 considers—

9 (A) the economic, social, and environ10 mental values of the renewable and nonrenew11 able resources of the outer Continental Shelf; 

12 and 

13 (B) the potential impact of such activities 

14 on other resource values of the outer Conti15 nental Shelf and the marine, coastal, and 

16 human environments; 

17 (2) selection of timing and location of permit18 ting under this section, including consideration of 

19 the relative environmental sensitivity and marine 

20 productivity of different areas of the outer Conti21 nental Shelf and of other uses of the sea and seabed, 

22 including—

23 (A) fisheries; 

24 (B) navigation; 

25 (C) existing or proposed sea lanes; 
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1 (D) potential sites of deepwater ports; and 

2 (E) other anticipated uses of the resources 

3 and space of the outer Continental Shelf; 

4 (3) duration, issuance, transfer, renewal, sus5 pension, and termination of permits or authoriza6 tions, including suspension or cancellation if the ac7 tivity is likely to cause serious harm to—

8 (A) safety; 

9 (B) the environment (including living ma10 rine resources); or 

11 (C) property; 

12 (4) public notice and comment on proposals 

13 submitted for leases pursuant to this section, includ14 ing information related to environment, health, or 

15 safety; 

16 (5) review by State and local governments, 

17 which may be impacted by the proposed activities; 

18 (6) periodic consultation with State and local 

19 governments and representatives of other individuals 

20 or organizations engaged in activity in or on the 

21 outer Continental Shelf, including those involved in 

22 fish and shellfish recovery, and recreational activi23 ties; 

24 (7) consideration of the coastal zone manage25 ment program being developed or administered by a 
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1 potentially affected coastal State under sections 305 

2 through 307 of the Coastal Zone Management Act 

3 (16 U.S.C. 1454–1456); 

4 (8) bonding and restoration requirements deter5 mined by the Administrator to be necessary to pro6 tect the interests of the United States; and 

7 (9) oversight, inspection, research, monitoring, 

8 and enforcement. 

9 (d) REVIEW APPROVAL.—Before issuing a permit or 

10 exercising the authority granted under this section, the 

11 Administrator shall—

12 (1) consult with the Commandant of the Coast 

13 Guard and the Secretary of Defense concerning 

14 issues related to national security and navigational 

15 obstruction; and 

16 (2) determine that the project does not pose an 

17 adverse impact to conservation and management of 

18 living marine resources, fisheries, protection of the 

19 marine environment, or navigation safety. 

20 (e) RELATIONSHIP TO EXISTING PERMITTING

21 SCHEMES.—The Program shall—

22 (1) integrate the permitting process with those 

23 of existing programs, including programs authorized 

24 by—
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1 (A) the Outer Continental Shelf Lands 

2 Act; 

3 (B) the Deepwater Ports Act; and 

4 (C) the Ocean Thermal Energy Conserva5 tion Act; 

6 (2) ensure that the Administrator has—

7 (A) an opportunity to review activities pro8 posed for permitting under such authorities; 

9 and 

10 (B) determined that the activity does not 

11 pose a threat to conservation and management 

12 of living marine resources, protection of the ma13 rine environment, or navigation safety. 

14 (f) PROTECTED MARINE AREAS.—This section shall 

15 not apply to any area on the outer continental shelf that 

16 is—

17 (1) within the exterior boundaries of any unit 

18 of the National Park System, National Wildlife Ref19 uge System, or National Monument; or 

20 (2) designated as a National Marine Sanctuary 

21 or a National Estuarine Research Reserve. 

22 (g) MARINE RESOURCE FUND.—

23 (1) ESTABLISHMENT.—There is established in 

24 the Treasury of the United States a trust fund to 
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1 be known as the ‘‘Marine Resources Trust Fund’’, 

2 which shall be administered by the Administrator. 

3 (2) FORMS OF PAYMENT.—The Administrator 

4 shall establish, by rule or by agreement with the 

5 party to whom the lease is granted, appropriate 

6 forms of payment for any permit or authorization 

7 granted under this subsection, which may include 

8 fees, rentals, cash bonus payments, or other pay9 ments. 

10 (3) DEPOSITS.—The Administrator shall de11 posit a portion of the payments or fees collected 

12 under paragraph (2) into the Marine Resources 

13 Trust Fund. 

14 (4) EXPENDITURES.—Amounts in the Marine 

15 Resources Trust Fund shall be made available—

16 (A) for programs and projects to address 

17 displacement of fishing activities and other ex18 isting uses; and 

19 (B) to assess or respond to impacts on the 

20 marine and coastal environment, including—

21 (i) research, monitoring, mapping and 

22 associated activities; 

23 (ii) restoration; and 

24 (iii) general marine and coastal con25 servation purposes and programs. 
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1 SEC. 162. MARINE AQUACULTURE. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) Knowledge is needed about potential inter5 actions between aquaculture and natural ocean envi6 ronments, including habitat degradation, disease 

7 transmission, transmission of parasites, genetic dilu8 tion of wild stocks, introduction of invasive species, 

9 including non-native and genetically modified orga10 nisms, and discharges of wastes, toxins, and excess 

11 nutrients. 

12 (2) Prior to proposing development of marine 

13 aquaculture, the environmental impacts of such pro14 posals shall be studied, as required under the Na15 tional Environmental Policy Act (42 U.S.C. 4321 et 

16 seq.). 

17 (b) AMENDMENTS.—The National Aquaculture Act 

18 of 1980 (16 U.S.C. 2801 et seq.) is amended—

19 (1) in section 2(b)—

20 (A) by striking ‘‘and’’ at the end of para21 graph (3); 

22 (B) by redesignating paragraph (4) as 

23 paragraph (5); and 

24 (C) by inserting after paragraph (3) the 

25 following: 
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1 ‘‘(4) establishing the National Oceanic and At2 mospheric Administration as the lead Federal agen3 cy with respect to the management of marine aqua4 culture; and’’; 

5 (2) by redesignating sections 10 and 11 as sec6 tions 11 and 12, respectively; and 

7 (3) by inserting after section 9 the following: 

8 ‘‘REQUIREMENT FOR REGULATIONS

9 ‘‘SEC. 10. The Administrator of the National Oceanic 

10 and Atmospheric Administration may not lease a coastal, 

11 estuarine, or offshore area for aquaculture or issue a per12 mit for aquaculture until the Administrator promulgates 

13 national standards and regulations that protect native 

14 stocks and prevent disease transmission, transmission of 

15 parasites, genetic dilution of wild stocks, introduction of 

16 invasive species, and impairment of habitat and water 

17 quality.’’. 

18 Subtitle E—Ocean Science, Re19 search, and Education Coordi20 nation 

21 SEC. 171. COMMITTEE ON OCEAN SCIENCE, EDUCATION, 

22 AND OPERATIONS. 

23 (a) COMMITTEE.—The Administrator shall establish 

24 a Committee on Ocean Science, Education, and Oper25 ations (referred to in this subtitle as the ‘‘Committee’’). 
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1 (b) MEMBERSHIP.—The Committee shall be com2 posed of the following members: 

3 (1) The Administrator. 

4 (2) The Director of the National Science Foun5 dation. 

6 (3) The Administrator of the National Aero7 nautics and Space Administration. 

8 (4) The Under Secretary of Energy for Energy, 

9 Science, and Environment. 

10 (5) The Administrator of the Environmental 

11 Protection Agency. 

12 (6) The Under Secretary of Homeland Security 

13 for Science and Technology. 

14 (7) The Commandant of the Coast Guard. 

15 (8) The Director of the Office of Naval Re16 search. 

17 (9) The Director of the United States Geologi18 cal Survey. 

19 (10) The Director of the Minerals Management 

20 Service. 

21 (11) Under Secretary of Agriculture for Re22 search, Education, and Economics. 

23 (12) The Assistant Secretary of State for 

24 Oceans and International Environmental and Sci25 entific Affairs. 
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1 (13) The Director of the Defense Advanced Re2 search Projects Agency. 

3 (14) The Director of the Office of Science and 

4 Technology Policy. 

5 (15) The Director of the Office of Management 

6 and Budget. 

7 (16) The Under Secretary of Education. 

8 (17) The leadership of such other Federal agen9 cies and departments as the chair and vice chairs of 

10 the Committee consider appropriate. 

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

12 chairs of the Committee shall be appointed every 2 years 

13 by a selection subcommittee of the Committee composed 

14 of, at a minimum, the Administrator, the Director of the 

15 National Science Foundation, and the Director of the 

16 United States Geological Survey. The term of office of the 

17 chair and vice chairs shall be 2 years. A person who has 

18 previously served as chair or vice chair may be re19 appointed. 

20 (d) RESPONSIBILITIES.—The Committee shall—

21 (1) serve as a source of advice and support on 

22 scientific research, technology, education, and oper23 ational matters, including budgetary analyses; 
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1 (2) improve cooperation among Federal depart2 ments and agencies with respect to ocean and coast3 al science budgets; 

4 (3) develop and recommend the National Strat5 egy for Ocean and Coastal Science under section 

6 172 and oversee its implementation; 

7 (4) establish interagency subcommittees and 

8 working groups as appropriate to develop com9 prehensive and balanced Federal programs and ap10 proaches to ocean and coastal science issues and 

11 needs; 

12 (5) consult with academic, fisheries, State, in13 dustry, foundation, and other partners in the con14 duct of coastal and marine operations, research, and 

15 education and with actual and potential users of 

16 ocean science information in establishing priorities 

17 and developing plans for research and technology 

18 and education; 

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

20 (A) coordinating United States Govern21 ment activities with those of other nations and 

22 with international research and technology and 

23 education; and 
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1 (B) providing, as appropriate, support for 

2 and representation on United States delegations 

3 to relevant international meetings; and 

4 (7) carry out such other activities as may be re5 quired. 

6 SEC. 172. NATIONAL STRATEGY FOR OCEAN AND COASTAL 

7 SCIENCE. 

8 (a) GOALS AND PRIORITIES.—The Committee shall 

9 develop a National Strategy for Ocean and Coastal 

10 Science. The Committee chair shall submit the strategy 

11 to the Congress within 2 years after the date of enactment 

12 of this title, and a revised strategy shall be submitted at 

13 least once every 5 years thereafter. The strategy shall es14 tablish, for the 10-year period beginning in the year the 

15 strategy is submitted, the scientific goals and priorities for 

16 ocean and coastal research, technology, education, out17 reach, and operations which most effectively advance 

18 knowledge and provide usable information as the basis for 

19 policy decisions to—

20 (1) understand, assess, and respond to human21 induced and natural processes of global climate 

22 change; 

23 (2) improve understanding, public forecasts, 

24 and warnings and mitigate natural hazards; 
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1 (3) enhance public safety and efficiency of ma2 rine operations; 

3 (4) support efforts to protect, maintain, and re4 store the health of marine ecosystems and to imple5 ment ecosystem-based management of United States 

6 ocean waters, including how marine ecosystems func7 tion on varying spatial and temporal scales and how 

8 biological, physical, chemical, and socioeconomic 

9 processes interact; 

10 (5) implement and monitor the effectiveness of 

11 ocean and coastal environmental policies; 

12 (6) contribute to public understanding of coast13 al and global ocean systems and public awareness of 

14 the importance and health of marine ecosystems; 

15 (7) respond to environmental changes that af16 fect human health; 

17 (8) strengthen homeland security and military 

18 preparedness; and 

19 (9) improve understanding of sea level changes 

20 shoreline erosion and the condition of the beaches in 

21 the United States. 

22 (b) STRATEGY.—The strategy shall—

23 (1) describe specific activities required to 

24 achieve established goals and priorities including re25 search and education programs, observation collec-
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1 tion and analysis requirements, technology develop2 ment, facility and equipment investments, informa3 tion management, student support and training, pro4 fessional certification and training for persons en5 gaged in fishing and other maritime activities, data 

6 stewardship and access, and participation in inter7 national research and education and other capacity8 building efforts; 

9 (2) identify and address relevant programs and 

10 activities of the Federal agencies and departments 

11 represented on the Committee that will contribute to 

12 scientific goals and priorities and set forth the role 

13 of each Federal agency and department in imple14 menting the strategy; 

15 (3) consider and use, as appropriate, reports 

16 and studies conducted by Federal agencies and de17 partments, the National Research Council, or other 

18 entities; 

19 (4) make recommendations for the coordination 

20 of ocean and coastal science activities of the United 

21 States with those of other nations and international 

22 organizations, including bilateral and multilateral 

23 proposals for cooperation on major projects, for im24 proving worldwide access to scientific data and infor25 mation, and for encouraging participation in inter-
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1 national ocean science research and education pro2 grams by developing nations; 

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

4 funding for ocean and coastal science activities to be 

5 conducted pursuant to the strategy; and 

6 (6) ensure the integrity of ocean and coastal 

7 science and research. 

8 (c) STRATEGIC ELEMENTS.—The strategy shall in9 clude the following elements: 

10 (1) Global measurements on all relevant spatial 

11 and time scales, establishing worldwide observations 

12 necessary to study and assess coastal and global 

13 ocean systems and support information needs, in14 cluding marine ecosystem health. 

15 (2) National ocean partnerships, building part16 nerships among Federal agencies, academia, fishing 

17 industries, and other members of the ocean and 

18 coastal science community in the areas of research, 

19 education, data systems, and communication. 

20 (3) Marine science facility support, ensuring the 

21 procurement, maintenance, and operation of the na22 tional oceanographic research fleet and related infra23 structure to provide for sustained ocean and coastal 

24 observations from in situ, remote, aircraft, and ves25 sel platforms. 
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1 (4) Focused research initiatives, funding com2 petitive research grants to advance understanding of 

3 the nature of and interaction among physical, chem4 ical, and biological processes of the oceans, including 

5 the effect of human activities on such processes. 

6 (5) Technology development, supporting devel7 opment of new technologies and sensors to achieve 

8 strategic and program goals, and development of al9 gorithms, analysis methods, and long-term data 

10 records for emerging operational sensors. 

11 (6) Workforce development, building and main12 taining a diverse national ocean science professional 

13 workforce through traineeships, scholarships, fellow14 ships, and internships. 

15 (7) Ocean science education, providing national 

16 coordination and support of formal and informal 

17 ocean science education programs at all education 

18 levels and establishing mechanisms to improve ocean 

19 literacy, contribute to public awareness of the impor20 tance and health of marine ecosystems, and create 

21 an oceans stewardship ethic among citizens. 

22 (8) Professional training, including certification 

23 and continuing education programs, for persons en24 gaged in the harvest, handling, and processing of 

25 fish and seafood aboard vessels to assure the highest 
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1 levels of care are taken to selectively harvest fish 

2 from the sea with the minimum impact on habitat 

3 to handle fish onboard vessels with techniques that 

4 assure the safety and highest quality of fish landed, 

5 and improve the safety of vessels and their personnel 

6 at sea. 

7 (9) Information management, establishing and 

8 maintaining information systems that promote effi9 cient stewardship, transfer, and use of data, create 

10 globally accessible data standards and formats, and 

11 allow analysis of data from varied sources to 

12 produce information readily usable by policymakers 

13 and stakeholders. 

14 (d) PUBLIC PARTICIPATION.—In developing the 

15 strategy, the Committee shall consult with academic, 

16 State, industry, fisheries, and environmental groups and 

17 representatives. Not later than 90 days before the chair 

18 of the Committee submits the strategy, or any revision 

19 thereof, to Congress, a summary of the proposed strategy 

20 shall be published in the Federal Register for a public 

21 comment period of not less than 60 days. 

22 SEC. 173. OCEAN RESEARCH AND EDUCATION ADVISORY 

23 PANEL. 

24 (a) MEMBERSHIP.—The Committee shall maintain 

25 an Ocean Research and Education Advisory Panel con-
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1 sisting of not less than 10 and not more than 18 members 

2 appointed by the chair, including the following: 

3 (1) One member representing the National 

4 Academy of Sciences. 

5 (2) One member representing the National 

6 Academy of Engineering. 

7 (3) One member representing the Institute of 

8 Medicine. 

9 (4) One Sea Grant director. 

10 (5) Members selected from among individuals 

11 representing ocean industries, State governments, 

12 academia, fisheries, nongovernmental organizations, 

13 and such other participants in ocean and coastal ac14 tivities as the chair considers appropriate. 

15 (6) Members selected from among individuals 

16 eminent in the fields of marine science, marine pol17 icy, ocean engineering, or related fields. 

18 (7) Members selected from among individuals 

19 eminent in the field of education. 

20 (b) RESPONSIBILITIES.—The Advisory Panel shall 

21 advise the Committee on the following: 

22 (1) Development and implementation of the Na23 tional Strategy for Ocean and Coastal Science. 

24 (2) Matters relating to national oceanographic 

25 data requirements, ocean and coastal observing sys-
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1 tems, ocean science education and training, and 

2 oceanographic facilities including renewal of the na3 tional academic research fleet. 

4 (3) Any additional matters that the Committee 

5 considers appropriate. 

6 (c) PROCEDURAL MATTERS.—

7 (1) PUBLIC MEETINGS.—All meetings of the 

8 Advisory Panel shall be open to the public, except 

9 that a meeting or any portion of it may be closed 

10 to the public if it concerns matters or information 

11 that pertains to national security, employment mat12 ters, litigation, or other reasons provided under sec13 tion 552b of title 5, United States Code. Interested 

14 persons shall be permitted to appear at open meet15 ings and present oral or written statements on the 

16 subject matter of the meeting. The Advisory Panel 

17 may administer oaths or affirmations to any person 

18 appearing before it. 

19 (2) PUBLICATION OF MEETINGS.—All open 

20 meetings of the Advisory Panel shall be preceded by 

21 timely public notice in the Federal Register of the 

22 time, place, and subject of the meeting. 

23 (3) MINUTES.—Minutes of each meeting shall 

24 be kept and shall include a record of the people 

25 present, a description of the discussion that oc-
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1 curred, and copies of all statements filed. Subject to 

2 section 552 of title 5, United States Code, the min3 utes and records of all meetings and other docu4 ments that were made available to or prepared for 

5 the Advisory Panel shall be available for public in6 spection and copying at a single location in the part7 nership program office. 

8 (4) RELATIONSHIP TO FACA.—The Federal Ad9 visory Committee Act (5 U.S.C. App.) does not 

10 apply to the Advisory Panel. 

11 (d) FUNDING.—The chair and vice chairs of the Com12 mittee annually shall make funds available to support the 

13 activities of the Advisory Panel. 

14 SEC. 174. MARINE ECOSYSTEMS RESEARCH. 

15 (a) ECOSYSTEM-BASED APPROACHES.—The Admin16 istrator shall work with the Committee to identify research 

17 efforts for improving the implementation of this Act by 

18 informing ecosystem-based management efforts to protect, 

19 maintain, and restore marine ecosystem health. 

20 (b) MARINE BIODIVERSITY RESEARCH PROGRAM.—

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

22 with the National Science Foundation and other Federal 

23 agencies represented on the Committee, shall establish and 

24 maintain a ten-year interagency research program to as25 sess and explain the diversity, distribution, functions, and 
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1 abundance of marine organisms in the world’s oceans for 

2 the purposes of—

3 (1) understanding the patterns, processes, and 

4 consequences of changing marine biological diversity; 

5 (2) improving the linkages between marine eco6 logical and oceanographic sciences and informing 

7 ecosystem-based management efforts so as to pro8 tect, maintain, and restore mare ecosystem health; 

9 (3) strengthening and expanding the field of 

10 marine taxonomy, including use of genomics and 

11 proteomics; 

12 (4) facilitating and encouraging the use of new 

13 technological advances, predictive models, and his14 torical perspectives to investigate marine biodiver15 sity; 

16 (5) using new understanding gained through 

17 the program to improve predictions of the impacts of 

18 human activities on the health of the marine envi19 ronment, and of the impacts of changes in the ma20 rine environment on human well-being; and 

21 (6) enhancing formal and informal outreach 

22 and education efforts through research-generated 

23 knowledge, information, and tools. 
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1 (c) PROGRAM ELEMENTS.—The research program 

2 established under this section shall provide for the fol3 lowing: 

4 (1) Dynamic access to biological data through 

5 an ocean biogeographic information system that 

6 links marine databases, manages data generated by 

7 the program, and supports analysis of biodiversity 

8 and related physical and ecological parameters. 

9 (2) Integrated regional studies that focus on 

10 appropriate scales to support ecosystem-based man11 agement. 

12 (3) Improved biological sensors for ocean ob13 serving systems. 

14 (4) Investment in exploration and taxonomy to 

15 study little known areas and describe new species. 

16 (5) Studies of earlier changes in marine popu17 lations to trace information on biological abundance, 

18 distribution, function, and diversity to the earliest 

19 historical periods of minimum human impact. 

20 (6) Improved predictive capability to enhance 

21 the effectiveness of conservation and ecosystem22 based management programs and minimize adverse 

23 impacts of human activities and natural processes on 

24 United States Ocean Waters. 
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1 (d) SCIENTIFIC ASSESSMENT.—The Administrator, 

2 through the Committee, shall prepare and submit to the 

3 President and the Congress a biennial assessment that—

4 (1) integrates, evaluates, and interprets the 

5 findings of the program and discusses the scientific 

6 uncertainties associated with such findings; and 

7 (2) analyzes current trends in marine and 

8 coastal ecosystems, both human-induced and nat9 ural, and projects major trends, including marine 

10 ecosystem health, for the subsequent decade. 

11 SEC. 175. OCEAN ECOSYSTEM RESOURCE INFORMATION 

12 SYSTEMS. 

13 (a) FINDINGS.—Congress makes the following find14 ings: 

15 (1) Conservation and management of the 

16 United States ocean waters requires an under17 standing of the ocean ecosystem in order to make 

18 knowledgeable decisions regarding the uses of the 

19 oceans, or extractions therefrom, and their effect on 

20 other ocean uses and resources. 

21 (2) The United States Commission on Ocean 

22 Policy and the President’s Ocean Action Plan both 

23 call for ecosystem-based management of the United 

24 States ocean waters. 
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1 (3) Ecosystem-based management will require 

2 development of an ocean information system and 

3 products representing integration of data useful to 

4 management decisions. This information includes 

5 terrestrial, aquatic, oceanographic, and biological 

6 data to accomplish the following: 

7 (A) Serve as a repository of existing infor8 mation and new research and data sets as they 

9 become available. 

10 (B) Help understand relationships of ocean 

11 and ecosystem functions and factors affecting 

12 oceans and their resources. 

13 (C) Provide a foundation upon which to 

14 base policies and decisions for conserving and 

15 managing the nation’s ocean water and living 

16 marine resources. 

17 (D) Identify gaps in the knowledge of the 

18 nation’s oceans and living marine resources that 

19 may serve as a guide in the development of new 

20 research priorities. 

21 (4) Information generated by ocean monitoring 

22 systems, including the National Environmental Ob23 servatory Network (NEON), will be more useful if 

24 fully integrated into resource information systems 

25 developed for ecosystem-based management applica-
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1 tions. Data from these offshore monitoring pro2 grams, coupled with other information on ocean and 

3 aquatic ecosystems, will provide a basis for under4 standing natural and anthropogenic environmental 

5 variability, including climate change and the result6 ing impacts on living marine resources. 

7 (5) Natural resource information systems have 

8 been developed and are presently a successful man9 agement tool for terrestrial uses, including some Pa10 cific Coast watersheds, and they should now be ap11 plied to the aquatic environment to facilitate eco12 system-based management of the United States 

13 oceans. 

14 (b) ESTABLISHMENT.—

15 (1) IN GENERAL.—Not later than June 30, 

16 2006, the Administrator shall cause to be estab17 lished a network of regional Ocean Ecosystem Re18 source Information Systems to act as an organized 

19 repository of geophysical, relevant atmospheric, 

20 oceanographic, and marine biological data, including 

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

22 necessary to the understanding of the ocean eco23 system, and from which to draw information for the 

24 establishment of national policies and priorities re25 lated to the conservation, use, and management of 
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1 the nation’s ocean waters and the marine resources 

2 therein. The Administrator shall coordinate with 

3 current ocean data acquisition and distribution sys4 tems, such as the National Geospatial Data Clear5 inghouse, to avoid duplication. 

6 (2) INFORMATION INCLUDED.—Information for 

7 inclusion in each regional Ocean Ecosystem Re8 source Information System may include—

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

11 ocean ecosystems or their management; or 

12 (B) published and unpublished research, 

13 data, and scientifically peer-reviewed analysis, 

14 developed by State agencies, academic or sci15 entific institutions, fishermen’s collaborative re16 search programs, and any other reliable and 

17 relevant information sources. 

18 (3) REQUIREMENT FOR PEER REVIEW.—All 

19 analysis and interpretations of data to explain eco20 system relationships in any regional Ocean Eco21 system Resource Information System shall be sci22 entifically peer-reviewed. 

23 (4) AUTHORITY TO CONTRACT.—The Adminis24 trator may contract with other Federal agencies, 

25 State agencies, nongovernmental organizations, uni-
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1 versities, or private academic institutions for devel2 opment of portions of each regional Ocean Eco3 system Resource Information System, provided such 

4 work will be open source and the end product will 

5 be solely the property of NOAA. 

6 (5) SCHEDULE.—The Ocean Ecosystem Re7 source Information Systems shall be established and 

8 in operation for all regions identified in subsection 

9 (c) not later than January 1, 2010. 

10 (6) AVAILABILITY.—The system shall be readily 

11 accessible at no, or nominal, cost to Congress, all 

12 Federal agencies, the States, academic and scientific 

13 institutions, and the public through the Internet, li14 braries, and such other mediums as may be appro15 priate and practical. 

16 (c) REGIONS.—

17 (1) REQUIRED REGIONS.—Ocean Ecosystem 

18 Resource Information Systems shall be established 

19 for the following regions: 

20 (A) New England, to include the ocean wa21 ters offshore the States of Maine, New Hamp22 shire, Massachusetts, and Connecticut. 

23 (B) Mid-Atlantic, to include the ocean wa24 ters offshore the States of New York, New Jer-
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1 sey, Delaware, Pennsylvania, Maryland, and 

2 Virginia. 

3 (C) South Atlantic, to include the ocean 

4 waters offshore the States of North Carolina, 

5 South Carolina, Georgia and Florida. 

6 (D) Caribbean, to include the ocean waters 

7 offshore the United States Virgin Islands and 

8 the Commonwealth of Puerto Rico. 

9 (E) Gulf of Mexico, to include the ocean 

10 waters offshore the States of Florida, Alabama, 

11 Louisiana, Mississippi, and Texas. 

12 (F) Pacific Coast, to include the ocean wa13 ters offshore the States of California, Oregon, 

14 and Washington. 

15 (G) Southeast Alaska, to include the ocean 

16 waters offshore the State of Alaska, beginning 

17 at Dixon Entrance and extending north and 

18 west to Cook Inlet. 

19 (H) Aleutian Islands, to include the ocean 

20 waters offshore the State of Alaska, beginning 

21 at Cook Inlet and extending south, west, and 

22 north to Attu Island and east to Togiak. 

23 (I) Bering Sea, to include the ocean waters 

24 offshore the State of Alaska, beginning at 

25 Togiak and extending west, north, and east, en-
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1 compassing St. Lawrence Island to the western2 most tip of the Seward Peninsula, and includ3 ing the Pribilof Islands. 

4 (J) Arctic Ocean, to include the ocean wa5 ters offshore the State of Alaska, beginning at 

6 the westernmost tip of the Seward Peninsula 

7 north and east to Demarcation Bay. 

8 (K) Hawaii, to include the ocean waters 

9 offshore the State of Hawaii. 

10 (L) Western Pacific, to include United 

11 States territorial waters offshore American 

12 Samoa, Guam, and the Northern Mariana Is13 lands. 

14 (2) OTHER REGIONS.—The Administrator, for 

15 purposes of administrative convenience and to en16 sure the timely completion and establishment of the 

17 regional Ocean Ecosystem Resource Information 

18 Systems, may— 

19 (A) divide the regions or include other wa20 ters not listed under paragraph (1); and 

21 (B) establish regions other than those de22 scribed in such paragraph. 

23 (d) COORDINATION.—

24 (1) IN GENERAL.—The Administrator in the 

25 preparation of the regional Ocean Ecosystem Re-
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1 source Information Systems, shall request the co2 operation and coordination with the United States 

3 Geological Survey, the United States Fish and Wild4 life Service, the Minerals Management Service, the 

5 United States Environmental Protection Agency, the 

6 United States Coast Guard and the United States 

7 Navy, together with all NOAA agencies for all un8 classified information necessary for the development 

9 and operation of the systems. The Administrator 

10 may request and enter into cooperative agreements 

11 with States, universities, or private academic institu12 tions for access to information necessary or useful 

13 for the development and operation of the systems. 

14 (2) INTERNATIONAL AGREEMENTS.—The Ad15 ministrator may enter into agreements with the Gov16 ernments of Canada, Mexico, or Russia in the prepa17 ration of a regional Ocean Ecosystem Resource In18 formation System where an international border of 

19 the United States or the coastal waters of the 

20 United States abut such country or the territorial 

21 waters of such country, for any information or data 

22 that may be necessary or useful in the development 

23 and operation of such system. 
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1 SEC. 176. FUNDING FOR MARINE ECOSYSTEM RESEARCH. 

2 (a) MARINE ECOSYSTEMS RESEARCH.—For develop3 ment and implementation of the research program under 

4 section 174, there are authorized to be appropriated 

5 $50,000,000 for each of fiscal years 2006 through 2010. 

6 (b) REGIONAL OCEAN ECOSYSTEM RESOURCE IN7 FORMATION SYSTEMS.—For development and implemen8 tation of the regional Ocean Ecosystem Resource Informa9 tion Systems under section 175, there are authorized to 

10 be appropriated $25,000,000 for each of fiscal years 2006 

11 through 2010. 

12 (c) AVAILABILITY.—Sums appropriated pursuant to 

13 an authorization of appropriation in this section shall re14 main available until expended. 

15 SEC. 177. SUBCOMMITTEE ON OCEAN EDUCATION. 

16 (a) MEMBERSHIP.—The Committee shall establish a 

17 Subcommittee on Ocean Education (referred to in this 

18 subtitle as the ‘‘Subcommittee’’). Each member of the 

19 Committee may designate a senior representative with ex20 pertise in education to serve on the Subcommittee. The 

21 Committee shall select a chair and 1 or more vice chairs 

22 for the Subcommittee from the membership of the Sub23 committee. 

24 (b) RESPONSIBILITIES.—The Subcommittee shall—

25 (1) support and advise the Committee on mat26 ters related to ocean and coastal education for the 
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1 purpose of increasing the overall effectiveness and 

2 productivity of Federal education and outreach ef3 forts; 

4 (2) provide recommendations on education goals 

5 and priorities for and implementation of the Na6 tional Strategy for Ocean and Coastal Science devel7 oped under section 172 and guidance for educational 

8 investments; 

9 (3) coordinate Federal ocean, coastal, and wa10 tershed education activities for students, including 

11 funding for educational opportunities at the under12 graduate, graduate, and postdoctoral levels; 

13 (4) identify and work to establish linkages 

14 among Federal programs, such as the National Sea 

15 Grant College Program, and those of States, aca16 demic institutions, State Sea Grant programs, muse17 ums and aquaria, industry, foundations, and other 

18 nongovernmental organizations; 

19 (5) support existing marine, coastal and Great 

20 Lakes education and outreach programs, including 

21 those at the State, regional, and local; 

22 (6) facilitate Federal agency efforts to work 

23 with minority-serving institutions, historically Black 

24 colleges and universities, and traditionally majority25 serving institutions to ensure that students of under-
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1 represented groups have access to and support for 

2 pursuing ocean-related careers; 

3 (7) promote the establishment of professional 

4 certification, training, and continuing education pro5 gram for persons engaged in fishing or other mari6 time activities, including partnerships with academic 

7 or nongovernmental organizations to carry out such 

8 programs; 

9 (8) lead development of effective national strat10 egies with common perspectives and messages for 

11 formal and informal ocean and coastal education ef12 forts; and 

13 (9) carry out such other activities as the Com14 mittee request. 

15 SEC. 178. OCEAN AND COASTAL EDUCATION PROGRAM. 

16 (a) ESTABLISHMENT.—Consistent with the National 

17 Strategy for Ocean and Coastal Science, the Committee, 

18 through the Subcommittee, shall establish a national, 

19 interagency ocean and coastal education program to im20 prove public awareness, understanding, and appreciation 

21 of the role of the oceans in meeting the economic, social, 

22 and environmental needs of the United States. To the ex23 tent practicable, the interagency program shall utilize and 

24 build from existing Federal programs and mechanisms for 
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1 ocean and coastal outreach and education at the State, 

2 regional, and local levels. 

3 (b) SCOPE.—The national, interagency ocean and 

4 coastal education program shall include formal education 

5 activities for elementary, secondary, undergraduate, grad6 uate, and postdoctoral students, continuing education ac7 tivities for adults, and informal education activities for 

8 learners of all ages. 

9 (c) ELEMENTS.—The ocean and coastal education 

10 program shall use existing interesting science programs 

11 and other appropriate mechanisms and shall, at a min12 imum, provide sustained funding for the following: 

13 (1) A national network of centers for ocean 

14 science education excellence to improve the acquisi15 tion of knowledge by students at all levels. 

16 (2) The National Sea Grant College Program’s 

17 education and outreach efforts. 

18 (3) A regional education network to support 

19 academic competition and experiential learning op20 portunities for elementary and secondary school stu21 dents. 

22 (4) Teacher enrichment programs that provide 

23 for participation in research expeditions, voyages of 

24 exploration, and the conduct of scientific research. 
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1 (5) Development of model instructional pro2 grams for students at all levels. 

3 (6) Student training and support to provide di4 verse ocean-related education opportunities at the 

5 undergraduate, graduate, and postdoctoral levels. 

6 (7) Mentoring programs and partnerships with 

7 minority-serving institutions to ensure diversity in 

8 the ocean and coastal workforce. 

9 (8) A network of regional facilities, operated by 

10 nongovernmental organizations or academic institu11 tions that provide training and continuing education 

12 for persons engaged in fishing or other maritime ac13 tivities, including establishment of criteria for pro14 fessional certification programs in consultation with 

15 the fishing industry. 

16 (9) Dissemination of ocean and coastal informa17 tion that is relevant for a wider public audience. 

18 SEC. 179. OCEAN SCIENCE AND TECHNOLOGY SCHOLAR19 SHIP PROGRAM. 

20 (a) ESTABLISHMENT.—

21 (1) IN GENERAL.—The Committee shall estab22 lish a National Ocean Science and Technology Schol23 arship Program (in this section referred to as the 

24 ‘‘Program’’) that is designed to recruit and prepare 

25 students for careers in the departments or agencies 
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1 that are represented on the Committee (in this sec2 tion referred to as ‘‘participating agencies’’). The 

3 Program shall award scholarships to individuals who 

4 are selected through a competitive process primarily 

5 on the basis of academic merit, with consideration 

6 given to financial need and the goal of promoting 

7 the participation of individuals identified in section 

8 33 or 34 of the Science and Engineering Equal Op9 portunities Act (42 U.S.C. 1885a and 1885b). 

10 (2) CONTRACTUAL AGREEMENTS.—To carry 

11 out the Program, participating agencies shall enter 

12 into contractual agreements with individuals selected 

13 under paragraph (1) under which the individuals 

14 agree to serve as full-time employees of the partici15 pating agency, for the period of time to be deter16 mined by the participating agency, and stated in the 

17 contractual agreements, in positions needed by the 

18 participating agency and for which the individuals 

19 are qualified, in exchange for receiving a scholarship. 

20 (b) ELIGIBILITY CRITERIA.—In order to be eligible 

21 to participate in the Program, an individual must—

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

23 full-time student at an institution of higher edu24 cation (as defined in section 101(a) of the Higher 

25 Education Act of 1965 (20 U.S.C. 1001(a))) in an 
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1 academic field or discipline described in the list 

2 made available under subsection (c); 

3 (2) be a United States citizen; and 

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

5 not be an employee of the department or agency pro6 viding the award. 

7 (c) PROGRAM LISTING.—The Committee shall make 

8 publicly available a list of academic programs and fields 

9 of study for which scholarships under the Program may 

10 be used, and shall update the list as necessary. 

11 (d) APPLICATION.—An individual seeking a scholar12 ship under this section shall submit an application to a 

13 participating agency at such time, in such manner, and 

14 containing such information, agreements, or assurances as 

15 the participating agency may require. 

16 (e) SCHOLARSHIP LIMITS.—

17 (1) ACADEMIC REQUIREMENTS.—The partici18 pating agency may provide a scholarship under the 

19 Program for an academic year if the individual ap20 plying for the scholarship has submitted to the par21 ticipating agency, as part of the application required 

22 under subsection (d), a proposed academic program 

23 leading to a degree in a program or field of study 

24 on the list made available under subsection (c). 
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1 (2) TIME LIMITATION.—An individual may not 

2 receive a scholarship under this section for more 

3 than 4 academic years, unless the participating 

4 agency grants a waiver. 

5 (3) DOLLAR LIMITATION.—The dollar amount 

6 of a scholarship under this section for an academic 

7 year shall be established by regulation but may not 

8 exceed the cost of attendance as such cost is deter9 mined in section 472 of the Higher Education Act 

10 of 1965 (20 U.S.C. 1087ll). 

11 (4) USE OF FUNDS.—A scholarship provided 

12 under this section may be expended for tuition, fees, 

13 and other authorized expenses as established by reg14 ulation. 

15 (5) CONTRACTUAL AGREEMENT.—The partici16 pating agency may enter into a contractual agree17 ment with an institution of higher education under 

18 which the amounts provided for a scholarship under 

19 this section for tuition, fees, and other authorized 

20 expenses are paid directly to the institution with re21 spect to which the scholarship is provided. 

22 (f) PERIOD OF SERVICE.—

23 (1) IN GENERAL.—The period of service for 

24 which an individual shall be obligated to serve as an 

25 employee of the participating agency, except as pro-
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1 vided in subsection (h)(2), shall be determined by 

2 the participating agency as stated in subsection 

3 (a)(2). 

4 (2) START OF SERVICE.—Except as provided in 

5 paragraph (3), obligated service under paragraph (1) 

6 shall begin not later than 60 days after the indi7 vidual obtains the educational degree for which the 

8 scholarship was provided. 

9 (3) DEFERRAL.—The participating agency may 

10 defer the obligation of an individual to provide a pe11 riod of service under paragraph (1) if the partici12 pating agency determines that such a deferral is ap13 propriate. The Administrator shall prescribe the 

14 terms and conditions under which a service obliga15 tion may be deferred through regulation. 

16 (g) REPAYMENT.—

17 (1) REQUIREMENT.—Scholarship recipients who 

18 fail to maintain a high level of academic standing, 

19 as defined by the participating agency by regulation, 

20 who are dismissed from their educational institutions 

21 for disciplinary reasons, or who voluntarily terminate 

22 academic training before graduation from the edu23 cational program for which the scholarship was 

24 awarded, shall be in breach of their contractual 

25 agreement and, in lieu of any service obligation aris-
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1 ing under such agreement, shall be liable to the 

2 United States for repayment within 1 year after the 

3 date of default of all scholarship funds paid to them 

4 and to the institution of higher education on their 

5 behalf under the agreement, except as provided in 

6 subsection (h). The repayment period may be ex7 tended by the participating agency when determined 

8 to be necessary. 

9 (2) FAILURE TO COMPLETE SERVICE REQUIRE10 MENT.—Scholarship recipients who, for any reason, 

11 fail to begin or complete their service obligation 

12 after completion of academic training, or fail to com13 ply with the terms and conditions of deferment es14 tablished by the participating agency pursuant to 

15 subsection (f)(3), shall be in breach of their contrac16 tual agreement. When recipients breach their agree17 ments for the reasons stated in the preceding sen18 tence, the recipient shall be liable to the United 

19 States for an amount equal to—

20 (A) the total amount of scholarships re21 ceived by such individual under this section; 

22 added to 

23 (B) the amount of the interest on the 

24 amounts of such scholarships that would be 

25 payable if at the time such scholarships were 
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1 received they were loans bearing interest at the 

2 maximum legal prevailing rate, as determined 

3 by the Treasurer of the United States, multi4 plied by 3. 

5 (h) CANCELLATION OR WAIVER.—

6 (1) CANCELLATION.—Any obligation of an indi7 vidual incurred under the Program (or a contractual 

8 agreement thereunder) for service or payment shall 

9 be canceled upon the death of the individual. 

10 (2) WAIVER.—The participating agency shall by 

11 regulation provide for the partial or total waiver or 

12 suspension of any obligation of service or payment 

13 incurred by an individual under the Program (or a 

14 contractual agreement thereunder) whenever compli15 ance by the individual is impossible or would involve 

16 extreme hardship to the individual, or if enforcement 

17 of such obligation with respect to the individual 

18 would be contrary to the best interests of the Gov19 ernment. 

20 SEC. 180. AUTHORIZATION OF APPROPRIATIONS. 

21 (a) NATIONAL OCEAN AND COASTAL EDUCATION

22 PROGRAM.—Of the amounts authorized annually to 

23 NOAA, the Department of the Navy, the National Science 

24 Foundation, and the National Aeronautics and Space Ad25 ministration for fiscal year 2006 through fiscal year 2010, 
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1 $25,000,000 from each agency shall be available for the 

2 ocean and coastal education program under section 178. 

3 (b) SCHOLARSHIP PROGRAM.—Of the amounts au4 thorized annually to NOAA, the National Science Founda5 tion, the National Aeronautics and Space Administration, 

6 and the Department of the Navy for fiscal year 2006 

7 through fiscal year 2010, $15,000,000 shall be available 

8 for National Ocean Science and Technology Scholarships 

9 under section 179. 

10 (c) AVAILABILITY.—Sums appropriated under this 

11 section shall remain available until expended. 

12 TITLE II—HABITAT 

13 MANAGEMENT 

14 Subtitle A—Management of Coral 

15 Habitats

16 SEC. 201. SHORT TITLE. 

17 This subtitle may be cited as the ‘‘Deep Sea Coral 

18 Protection Act’’. 

19 SEC. 202. POLICY. 

20 It is the policy of the United States to employ pre21 ventative and precautionary strategies to protect deep sea 

22 corals and deep sea sponges, including protecting such or23 ganisms that are found in the continental margins, can24 yons, seamounts, and ridges of the world’s oceans, and 

25 the habitats of such organisms from damage from gear 
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1 and equipment used in commercial fishing, particularly 

2 bottom-tending mobile fishing gear. 

3 SEC. 203. DEFINITIONS. 

4 In this subtitle: 

5 (1) BOTTOM-TENDING MOBILE FISHING

6 GEAR.—The term ‘‘bottom-tending mobile fishing 

7 gear’’ means any trawl or dredge fishing gear that 

8 contacts the ocean floor while in use, including pe9 lagic trawls that contact the ocean floor while in use, 

10 otter trawls, and scallop dredges. 

11 (2) CORAL MANAGEMENT AREA.—The term 

12 ‘‘Coral Management Area’’ means an area des13 ignated as a Coral Management Area under section 

14 207 of this Act. 

15 (3) CORAL STUDY AREA.—The term ‘‘Coral 

16 Study Area’’ means an area designated as a Coral 

17 Study Area under section 206 of this Act. 

18 (4) COUNCIL.—Except as otherwise provided in 

19 this subtitle, the term ‘‘Council’’ means 1 of the Re20 gional Fishery Management Councils established 

21 under section 302 of the Magnuson-Stevens Fishery 

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

23 1852). 

24 (5) DEEP SEACORAL.—The term ‘‘deep sea 

25 coral’’ means the species that—
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1 (A) occur at a depth of more than 50 me2 ters; 

3 (B) do not contain symbiotic algae; and 

4 (C) are in the phylum Cnidaria and in the 

5 order—

6 (i) Antipatharia; 

7 (ii) Scleractinia; 

8 (iii) Gorgonacea; 

9 (iv) Alcyonacea; 

10 (v) Pennatulacea, of the class 

11 Authozoa; or 

12 (vi) Hydorcorallina, of the class 

13 Hydrozoa. 

14 (6) DEEP SEA CORAL AND SPONGE ECO15 SYSTEM.—The term ‘‘deep sea coral and sponge eco16 system’’ means a community of living species of deep 

17 sea corals or deep sea sponges, the benthic and non18 benthic species associated with such species, and the 

19 living and nonliving physical, chemical components, 

20 and environmental factors that constitute habitat for 

21 corals and sponges. 

22 (7) DEEP SEASPONGE.—The term ‘‘deep sea 

23 sponge’’ means species of the phylum Porifera that 

24 occur at a depth of more than 50 meters. 
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1 (8) EXCLUSIVE ECONOMIC ZONE.—The term 

2 ‘‘exclusive economic zone’’ has the meaning given 

3 that term in section 3 of the Magnuson-Stevens 

4 Fishery Conservation and Management Act (16 

5 U.S.C. 1802). 

6 SEC. 204. MAPPING AND RESEARCH. 

7 (a) REQUIREMENT FOR MAPPING AND RESEARCH.—

8 The Administrator shall carry out a comprehensive pro9 gram to explore, research, identify, and map deep sea cor10 als and deep sea sponges that includes an annual research 

11 strategy that—

12 (1) compares areas open to bottom-tending mo13 bile fishing gear with areas designated as Coral 

14 Management Areas; and 

15 (2) prioritizes Coral Study Areas for evaluation 

16 to determine whether such designation should be ter17 minated or whether the areas should be designated 

18 as Coral Management Areas. 

19 (b) DESCRIPTION OF MAPPING AND RESEARCH.—

20 The comprehensive program described in subsection (a) 

21 shall include—

22 (1) creating maps of the locations of deep sea 

23 coral and sponge ecosystems; and 
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1 (2) conducting research related to deep sea cor2 als and deep sea sponges and the habitats of deep 

3 sea corals and deep sea sponges, including—

4 (A) the natural history; 

5 (B) taxonomic classification; 

6 (C) ecological role; and 

7 (D) the benefits of such species and habi8 tats.

9 SEC. 205. DATA REVIEW AND RECOMMENDATIONS. 

10 (a) REQUIREMENT FOR REVIEW.—Not less fre11 quently than once every other year, an advisory panel se12 lected by the Administrator from a list of names developed 

13 by the Chair of the National Research Council shall review 

14 all available data related to deep sea corals and deep sea 

15 sponges. Such data shall include data from—

16 (1) bycatch records used to determine the rate 

17 of bycatch of deep sea corals and deep sea sponges, 

18 including the log books of commercial fishing ves19 sels, records from onboard observers, and trawl sur20 veys; 

21 (2) research data used to determine the pres22 ence of deep sea corals or deep sea sponges, includ23 ing data from trawl surveys, explorations with re24 mote or manned submersibles or sleds, and sediment 
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1 surveys using sonar technology, sampling tech2 nologies, or any other technology; and 

3 (3) any Federal agency under subsection (b). 

4 (b) DATA FROM FEDERAL ENTITIES.—The head of 

5 any Federal agency that holds information related to the 

6 ocean floor, including information related to the habitats 

7 of deep sea corals or deep sea sponges, shall, upon request, 

8 furnish such information to the Administrator who shall 

9 make it available for the advisory panel referred to in sub10 section (a). 

11 (c) RECOMMENDATIONS.—

12 (1) IN GENERAL.—Not later than 30 days after 

13 completing a review required by subsection (a), the 

14 advisory panel referred to in such subsection shall 

15 submit to the Administrator a recommendation 

16 that—

17 (A) any area identified as a deep sea coral 

18 and sponge ecosystem in such annual review be 

19 designated as a Coral Management Area; and 

20 (B) any area containing a potential or ac21 tual deep sea coral and sponge ecosystem for 

22 which additional research is needed be des23 ignated as a Coral Study Area. 

24 (2) PUBLICATION.—Notice of the availability of 

25 each recommendation submitted to the Secretary 
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1 under paragraph (1) shall be published in the Fed2 eral Register. 

3 SEC. 206. CORAL STUDY AREAS. 

4 (a) STUDY AREAS IDENTIFIED THROUGH FISHING

5 RECORDS.—The Administrator shall designate as a Coral 

6 Study Area any area that is located within the exclusive 

7 economic zone for which records of commercial fishing 

8 trips maintained by the National Marine Fisheries Service 

9 demonstrate that the area has not been fished using bot10 tom-tending mobile fishing gear during the 7-year period 

11 ending on the date of the enactment of this Act. For a 

12 fishery that employs bottom-tending mobile fishing gear 

13 for which reliable records are not available during such 

14 7-year period, the Administrator shall determine the 

15 boundaries of the fished areas by delineating the reason16 able range of the fishery based on depth limits of the bot17 tom-tending mobile fishing gears currently in use. The Ad18 ministrator is authorized to alter these determinations 

19 based on official records dated from the beginning of the 

20 7-year period to the date of enactment of this Act, includ21 ing landings reports and VMS data received from a Coun22 cil or from commercial fishermen. 

23 (b) STUDY OF AREAS IDENTIFIED THROUGH BY24 CATCH RECORDS, RESEARCH, OR MAPPING.—The Admin25 istrator shall review on a continuing basis bycatch records, 
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1 research, mapping, and survey data obtained from areas 

2 of the exclusive economic zone open to fishing with com3 mercial bottom-tending mobile fishing gear to determine 

4 if these data indicate the actual or potential presence or 

5 a deep sea coral and sponge ecosystem. A designation of 

6 a Coral Study Area shall expire upon decision by the Ad7 ministrator to terminate the designation pursuant to sub8 section (d). 

9 (c) STUDY AREAS RECOMMENDED BY THE ADVISORY

10 PANEL.—

11 (1) PROPOSED RULE.—Not later than 30 days 

12 after receiving a recommendation pursuant to sec13 tion 205, the Administrator shall publish in the Fed14 eral Register a proposed rule to designate any rec15 ommended area as a Coral Study Area. 

16 (2) COMMENT PERIOD.—The Administrator 

17 shall accept comments on any proposed rule pub18 lished under paragraph (1) for 60 days after the 

19 date of the publication of such proposed rule. 

20 (3) FINAL DETERMINATION.—Not later than 

21 120 days after the publication of such proposed rule, 

22 the Administrator shall designate the area rec23 ommended under section 205 as a Coral Study Area 

24 unless the Administrator finds no rational basis for 

25 the recommendation. 
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1 (d) TERMINATION OF STUDY AREA DESIGNATION.—

2 The Administrator may determine, at the Administrator’s 

3 discretion or upon recommendation of the Council having 

4 advisory duties for the fisheries of an area, that an area 

5 or part of an area that is designated as a Coral Study 

6 Area pursuant to subsection (a), (b), or (c) shall no longer 

7 be designated as a Coral Study Area if the area does not 

8 warrant designation as a Coral Management Area. 

9 SEC. 207. CORAL MANAGEMENT AREAS. 

10 (a) AREAS IDENTIFIED FROM RESEARCH ON CORAL

11 STUDY AREAS.—The Administrator shall determine that 

12 a Coral Study Area be designated as a Coral Management 

13 Area if—

14 (1) the area has been surveyed for the presence 

15 of deep sea corals and deep sea sponges; and 

16 (2) there is a deep sea coral and sponge eco17 system present in the area. 

18 (b) AREAS RECOMMENDED BY THE ADVISORY

19 PANEL.—

20 (1) PROPOSED RULE.—Not later than 30 days 

21 after receiving a recommendation pursuant to sec22 tion 205, the Administrator shall publish in the Fed23 eral Register a proposed rule to designate any rec24 ommended area as a Coral Management Area. 
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1 (2) COMMENT PERIOD.—The Administrator 

2 shall accept comments on any proposed rule pub3 lished under paragraph (1) for 60 days after the 

4 date of the publication of such proposed rule. 

5 (3) FINAL DETERMINATION.—Not later than 

6 120 days after the publication of such proposed rule, 

7 the Administrator shall designate the area rec8 ommended under section 205 as a Coral Manage9 ment Area unless the Administrator finds no ration10 al basis for the recommendation. 

11 SEC. 208. INTERNATIONAL PROTECTIONS FOR DEEP SEA 

12 CORALS AND SPONGES. 

13 (a) DEVELOPMENT OF DATA.—The President is au14 thorized to permit the Administrator, in consultation with 

15 the Secretary of State, to work with appropriate foreign 

16 entities to develop the data necessary to identify areas lo17 cated in international waters that would benefit from addi18 tional protection for deep sea corals and deep sea sponges. 

19 (b) INTERNATIONAL PROTECTION.—The President 

20 shall direct the Administrator, in consultation with the 

21 Secretary of State, to work with appropriate foreign enti22 ties to develop a legal regime to protect deep sea corals 

23 and deep sea sponges beyond the zones of national juris24 diction consistent with the United Nations Convention on 

25 the Law of the Sea, done at Montego Bay December 10, 
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1 1982, the Food and Agriculture Organization Code of 

2 Conduct for Responsible Fisheries, and other relevant 

3 international instruments. 

4 SEC. 209. REPORT TO CONGRESS. 

5 (a) REQUIREMENT.—On the date that is 3 years 

6 after the date of enactment of this Act, and every 3 years 

7 thereafter, the Administrator shall submit to Congress a 

8 report on the activities undertaken to carry out the provi9 sions of this subtitle. 

10 (b) CONTENT.—The reports required by subsection 

11 (a) shall include a description of—

12 (1) the activities carried out to protect and 

13 monitor deep sea corals and deep sea sponges; 

14 (2) any area designated as a Coral Study Area 

15 or a Coral Management Area; 

16 (3) any area whose designation as a Coral 

17 Study Area is terminated; 

18 (4) a summary of any bycatch or other data 

19 that indicates the actual or potential presence of a 

20 deep sea coral and sponge ecosystem; and 

21 (5) a summary of the research strategy created 

22 pursuant to section 204. 

23 (c) PUBLICATION.—Notice of the availability of each 

24 report required by this section shall be published in the 

25 Federal Register. 
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1 SEC. 210. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated $10,000,000 

3 for each of the fiscal years 2006 through 2010 to carry 

4 out the provisions of this subtitle. 

5 Subtitle B—Protection of Essential 

6 Fish Habitat 

7 SEC. 221. CONTENTS OF FISHERY MANAGEMENT PLANS. 

8 Section 303(a)(7) of the Magnuson-Stevens Fishery 

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

10 1853(a)(7)) is amended to read as follows: 

11 ‘‘(7) describe and identify essential fish habitat 

12 based on the guidelines established by the Secretary 

13 under section 305(b)(1)(A), and—

14 ‘‘(A) analyze the impacts of fishing on es15 sential fish habitat; 

16 ‘‘(B) minimize adverse impacts on essential 

17 fish habitat from fishing; 

18 ‘‘(C) close areas to bottom-tending mobile 

19 fishing gear, or any other fishing gear or prac20 tice that damages seafloor habitat, and prohibit 

21 aquaculture or other fish production facilities 

22 pursuant to the habitat protection program 

23 under paragraphs (5) and (6) of section 305(b); 

24 and 

25 ‘‘(D) identify other actions to conserve and 

26 enhance such habitats;’’. 
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1 SEC. 222. HABITAT PROTECTION PROGRAM. 

2 Section 305(b) of the Magnuson-Stevens Fishery 

3 Conservation and Management Act (16 U.S.C. 1855(b)) 

4 is amended by adding at the end the following: 

5 ‘‘(5) The Secretary shall create a habitat protection 

6 program to protect seafloor habitats from the adverse im7 pacts of bottom-tending mobile fishing gear and any other 

8 gear or practice that damages seafloor habitat. Not later 

9 than 180 days after the enactment of the Deep Sea Coral 

10 Protection Act, the Secretary shall promulgate regulations 

11 to—

12 ‘‘(A) prohibit the use of bottom-tending mobile 

13 fishing gear in habitat areas known to be especially 

14 sensitive to disturbance from such gear, including 

15 coral reef and deep coral habitats and areas des16 ignated as Coral Management Areas under section 

17 207 of the Deep Sea Coral Protection Act, complex 

18 rocky bottoms, seamounts, kelp forests, sea grass 

19 beds, and sponge habitats; 

20 ‘‘(B) prevent expansion of bottom-tending mo21 bile fishing gear into geographical areas where such 

22 fishing gear has never been used as documented by 

23 the best scientific information available; 

24 ‘‘(C) prevent expansion of the numbers of ves25 sels employing bottom-tending mobile fishing gear 

26 by—
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1 ‘‘(i) restricting the number of licenses, per2 mits, or endorsements to no more than current 

3 fleet sizes; 

4 ‘‘(ii) allowing transfers of licenses only to 

5 gears that are documented to have the same or 

6 lower impacts on habitats; 

7 ‘‘(iii) allowing replacement of vessels only 

8 with vessels that are documented to have the 

9 same or lower impacts on habitats; and 

10 ‘‘(D) prohibit aquaculture or other fish produc11 tion facilities that damage or alter seafloor habitat 

12 or impair water quality. 

13 ‘‘(6)(A) Not later than 5 years after the date of en14 actment of the National Oceans Protection Act of 2005, 

15 the Secretary shall augment the habitat protection pro16 gram established under paragraph (5) by—

17 ‘‘(i) based on the best available science, identi18 fying areas where bottom-tending mobile fishing 

19 gear and any other fishing gear or practice may be 

20 used without altering or destroying important or sig21 nificant amounts of habitat or reducing biodiversity; 

22 and 

23 ‘‘(ii) closing all other areas to these fishing 

24 gears and practices. 
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1 ‘‘(B) If the Secretary fails to carry out the activities 

2 required by subparagraph (A) within 5 years after the 

3 date of enactment of the National Oceans Protection Act 

4 of 2005, the Secretary shall immediately close those areas 

5 not covered by the habitat protection program established 

6 under paragraph (5) to bottom-tending mobile fishing 

7 gear and any other fishing gear or practice that may alter 

8 or destroy important or significant amounts of habitat or 

9 reduce biodiversity until such activities are carried out. 

10 ‘‘(7) The Secretary shall develop and implement a 

11 gear-substitution program to reduce the use of bottom12 tending mobile fishing gear by—

13 ‘‘(A) conducting a viability assessment to deter14 mine fisheries dependent on such gear; 

15 ‘‘(B) providing funding for a research program 

16 to redesign bottom-tending mobile fishing gear to re17 duce habitat damage in fisheries that cannot be via18 bly fished without such gear; and 

19 ‘‘(C) providing funding to replace bottom-tend20 ing mobile fishing gear in such fisheries. 

21 ‘‘(8) The habitat protection program created under 

22 paragraph (5) shall not be used to facilitate the expansion 

23 of marine aquaculture. 

24 ‘‘(9) There are authorized to the Secretary 

25 $20,000,000 for each of fiscal years 2006 through 2010 
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1 to carry out the habitat protection program required by 

2 paragraph (5) and the activities required by paragraph 

3 (6).’’. 

4 TITLE III—FISHERIES 

5 MANAGEMENT 

6 SEC. 301. AMENDMENT OF MAGNUSON-STEVENS FISHERY 

7 CONSERVATION AND MANAGEMENT ACT. 

8 Except as otherwise expressly provided, whenever in 

9 this title an amendment or repeal is expressed in terms 

10 of an amendment to, or repeal of, a section or other provi11 sion, the reference shall be considered to be made to a 

12 section or other provision of the Magnuson-Stevens Fish13 ery Conservation and Management Act (16 U.S.C. 1801 

14 et seq.). 

15 Subtitle A—Ecosystem-Based 

16 Fisheries Management Objectives 

17 SEC. 311. PURPOSES AND POLICY. 

18 (a) PURPOSES.—

19 (1) IN GENERAL.—Subsection (b) of section 2 

20 (16 U.S.C. 1801) is amended by adding at the end 

21 the following new paragraphs: 

22 ‘‘(8) to set as the principal objective of United 

23 States fishery policy in all ocean waters of the 

24 United States the protection, maintenance, and res25 toration of the health, integrity, productive capacity, 
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1 and resilience of the marine ecosystems upon which 

2 long-term health and viability of fisheries depend 

3 and in cases of conflict between this objective and 

4 any other objective or in cases where information is 

5 uncertain or inconclusive, the principal ecological ob6 jective shall take precedence; and 

7 ‘‘(9) to set as the socioeconomic objective of 

8 United States fishery policy conserving and man9 aging fisheries in order to support a diversity of 

10 fishing participants, methods and sectors, flexibility 

11 in managing fishing operations and implementing 

12 conservation changes, and resilience and adaptability 

13 in responding to changes in biological and economic 

14 conditions within the industry and fishing commu15 nities.’’. 

16 (2) TECHNICAL AMENDMENTS.—Such sub17 section is further amended—

18 (A) in paragraph (6), by striking ‘‘and’’ at 

19 the end; and 

20 (B) in paragraph (7), by striking the pe21 riod at the end and inserting a semicolon. 

22 (b) POLICY.—Subsection (c)(3) of section 2 is 

23 amended to read as follows: 

24 ‘‘(3) to assure that the national fishery con25 servation and management program utilizes, and is 
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1 based upon, the best scientific information available; 

2 involves, and is responsive to the needs of, interested 

3 and affected States and citizens; incorporates and 

4 applies ecosystem principles; considers how fishing 

5 affects predator-prey and other important ecological 

6 relationships within marine ecosystems; draws upon 

7 Federal, State, and academic capabilities and the 

8 knowledge and experience of persons in the commer9 cial and recreational fisheries in carrying out re10 search, administration, management, and enforce11 ment; considers the effects of fishing on immature 

12 fish and encourages development of practical meas13 ures that minimize bycatch and avoid waste of fish; 

14 and is workable and effective;’’. 

15 SEC. 312. DEFINITIONS. 

16 (a) CONSERVATION AND MANAGEMENT.—Paragraph 

17 (5) of section 3 (16 U.S.C. 1802) is amended to read as 

18 follows: 

19 ‘‘(5) The term ‘conservation and management’ 

20 refers to all of the rules, regulations, conditions, 

21 methods, and other measures which are—

22 ‘‘(A) required to rebuild, restore, or main23 tain, or which are useful in rebuilding, restor24 ing, or maintaining, any fishery resource and 

25 the marine environment; 
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1 ‘‘(B) in any case in which information is 

2 uncertain, unreliable, or inadequate, intended to 

3 reduce risks by setting reference points for each 

4 stock of fish that take into account such uncer5 tainty, unreliability, or inadequacy and the ac6 tion to be taken if such a reference point is ap7 proached or exceeded; 

8 ‘‘(C) required to take into account the di9 rect and indirect impacts of fishing on other 

10 species and their habitats and the conservation 

11 of those species and their habitats as important 

12 components of the ecosystem; 

13 ‘‘(D) required to allow the expansion of ex14 isting fisheries or the development of new fish15 eries after measures are in place to prevent ad16 verse impacts on the stocks, associated species, 

17 and the ecosystem; and 

18 ‘‘(E) designed to assure that—

19 ‘‘(i) a supply of food and other prod20 ucts may be taken, and that recreational 

21 benefits may be obtained, on a continuing 

22 basis; 

23 ‘‘(ii) irreversible or long-term adverse 

24 effects on fishery resources and the marine 

25 environment are avoided; and 
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1 ‘‘(iii) there will be a multiplicity of op2 tions available with respect to future uses 

3 of these resources.’’. 

4 (b) OPTIMUM.—Paragraph (28) of section 3 is 

5 amended to read as follows: 

6 ‘‘(28) The term ‘optimum’, with respect to the 

7 yield from a fishery, means the amount of fish 

8 which—

9 ‘‘(A) will provide the greatest overall ben10 efit to the Nation, particularly with respect to 

11 protection of marine ecosystems, food produc12 tion, and recreational opportunities; and 

13 ‘‘(B) is prescribed as such on the basis of 

14 the maximum sustainable yield from the fish15 ery, as reduced by any relevant economic, so16 cial, or ecological factors, including predator17 prey and other important ecological relation18 ships within marine ecosystems.’’. 

19 SEC. 313. NATIONAL STANDARDS FOR FISHERY CONSERVA20 TION AND MANAGEMENT. 

21 Section 301(a)(1) (16 U.S.C. 1851(a)(1)) is amended 

22 to read as follows: 

23 ‘‘(1) Conservation and management measures 

24 shall protect the long-term health and viability of 

25 fisheries by protecting, maintaining, and restoring 
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1 the health, integrity, productive capacity, resilience 

2 of the marine ecosystems upon which they depend 

3 and prevent overfishing, while achieving, on a con4 tinuing basis, the optimum yield from each fishery 

5 for the United States fishing industry.’’. 

6 SEC. 314. CONTENTS OF FISHERY MANAGEMENT PLANS. 

7 (a) REQUIRED PROVISIONS.—

8 (1) ECOSYSTEM HEALTH AND STABILITY.—Sec9 tion 303(a)(1)(A) (16 U.S.C. 1853(a)(1)(A)) is 

10 amended by striking ‘‘fishery;’’ and inserting ‘‘fish11 ery and the marine ecosystem within which the fish12 ery functions;’’. 

13 (2)(A) EFFECTS OF MANAGEMENT MEAS14 URES.—Section 303(a) is amended by adding at the 

15 end the following new paragraph: 

16 ‘‘(15) contain an assessment of the likely ef17 fects, if any, of the management measures of the 

18 plan on species other than species in such fishery, 

19 with emphasis on key interactions between predators 

20 and prey in the ecosystem for the purpose of deter21 mining if such measures are consistent with the ap22 propriate Fisheries Ecosystem Plan prepared under 

23 section 305(j).’’. 

24 (B) TECHNICAL AMENDMENTS.—Section 

25 303(a) is further amended—
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1 (i) in paragraph (13), by striking ‘‘and’’ at 

2 the end; and 

3 (ii) in paragraph (14), by striking the pe4 riod at the end and inserting a semicolon and 

5 ‘‘and’’. 

6 (b) DISCRETIONARY PROVISIONS.—Section 

7 303(b)(12) (16 U.S.C. 1853(b)(12)) is amended by strik8 ing ‘‘fishery.’’ and inserting ‘‘fishery or the marine eco9 system within which the fishery functions.’’. 

10 SEC. 315. FISHERIES ECOSYSTEM PLANS. 

11 Section 305 (16 U.S.C. 1855) is amended by adding 

12 at the end the following: 

13 ‘‘(j) FISHERIES ECOSYSTEM PLANS.—

14 ‘‘(1)(A) Not later than 18 months after the 

15 date of enactment of the National Oceans Protection 

16 Act of 2005, the Secretary shall—

17 ‘‘(i) prepare, in conjunction with the Coun18 cils and other scientific, fisheries, and conserva19 tion interests as appropriate, and publish guid20 ance for the development of Fisheries Eco21 system Plans; and 

22 ‘‘(ii) provide such guidance to the Councils 

23 to facilitate development and implementation of 

24 the required Fisheries Ecosystem Plans within 

25 the prescribed time period. 
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1 ‘‘(B) The Secretary shall issue regulations that 

2 establish a process for preparing and developing 

3 Fisheries Ecosystem Plans that is consistent with 

4 the fishery management plan process outlined in sec5 tion 304. 

6 ‘‘(C) To assist in developing the guidelines and 

7 regulations, the Secretary shall—

8 ‘‘(i) conduct workshops with the Councils 

9 and other scientific, fisheries, and conservation 

10 interests; and 

11 ‘‘(ii) identify the major marine ecosystems 

12 within each Council’s jurisdiction. 

13 ‘‘(2)(A) Each Council shall, within 12 months 

14 after the publication of the guidance and regulations 

15 required by paragraph (1) and based on the best sci16 entific information available, prepare and submit to 

17 the Secretary a Fisheries Ecosystem Plan for each 

18 major marine ecosystem within its jurisdiction. 

19 ‘‘(B) In the case in which significant portions 

20 of a major ecosystem are in the jurisdictions of adja21 cent Councils, the Councils shall jointly prepare a 

22 plan for the major marine ecosystem. 

23 ‘‘(3) Each Fisheries Ecosystem Plan shall—

24 ‘‘(A) contain information on the structure 

25 and function of the ecosystem in which fishing 
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1 activities occur, including the geographic extent 

2 of the ecosystem and its biological, physical, 

3 and chemical dynamics, a description of the sig4 nificant food web including key predator-prey 

5 relationships, and the habitat needs of different 

6 life stages of species that make up the signifi7 cant food web; 

8 ‘‘(B) establish indices of ecosystem health 

9 and integrity; 

10 ‘‘(C) describe how the information on eco11 system structure and function is to be incor12 porated into the context of fishery-specific man13 agement plans; 

14 ‘‘(D) include specific recommendations for 

15 implementing ecosystem protections in fishery 

16 management plans; and 

17 ‘‘(E) outline long-term monitoring to 

18 evaluate changes in the ecosystem. 

19 ‘‘(4) The Secretary shall review each Fisheries 

20 Ecosystem Plan according to the guidance prepared 

21 pursuant to paragraph (1) and approve or dis22 approve the plan, in whole or in part, according to 

23 the process described in section 304. If the Sec24 retary disapproves or partially approves a plan, the 
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1 Council shall revise and resubmit the plan not later 

2 than 6 months after its disapproval. 

3 ‘‘(5) If, within the 18-month period after publi4 cation of the guidance and regulations required pur5 suant to paragraph (1), a Council fails to develop 

6 and submit to the Secretary a Fisheries Ecosystem 

7 Plan as required under this section, or if the Sec8 retary disapproves in whole or in part such a plan, 

9 the Secretary shall prepare a plan for that ecosystem 

10 concerned within 24 months after the publication of 

11 the guidance and regulations required pursuant to 

12 paragraph (1). 

13 ‘‘(6)(A) The Secretary may not approve a fish14 eries management plan or an amendment to such a 

15 plan, unless the Secretary determines that the fish16 eries management plan or an amendment is con17 sistent with the principles, goals, policies, and rec18 ommendations of each relevant Fisheries Ecosystem 

19 Plan approved or prepared by the Secretary. 

20 ‘‘(B) Not later than 30 months after the date 

21 the Secretary approves or prepares a final Fisheries 

22 Ecosystem Plan, each Council shall submit to the 

23 Secretary any fishery management plan or plan 

24 amendments required to make all fisheries manage25 ment plans under its jurisdiction consistent with the 
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1 principles, goals, policies, and recommendations of 

2 the Fisheries Ecosystem Plan. 

3 ‘‘(C) If a Council fails to submit any fishery 

4 management plan or amendment required under 

5 subparagraph (A) before the end of the 30-month 

6 period beginning on the date of such approval, or if 

7 the Secretary disapproves in whole or in part such 

8 plan or amendment, the Secretary shall prepare such 

9 plan or amendment not later than 36 months after 

10 such approval. 

11 ‘‘(k) OCEAN AND COASTAL RESOURCE INFORMATION

12 SYSTEM.—

13 ‘‘(1) The Secretary may establish an ocean and 

14 coastal resource information system. 

15 ‘‘(2) An ocean and coastal resource information 

16 system established under paragraph (1) shall include 

17 a database of information on ocean and coastal data 

18 that includes—

19 ‘‘(A) ocean observation system data; 

20 ‘‘(B) fishery research and stock assessment 

21 data; 

22 ‘‘(C) other biological, oceanographic, geo23 graphic, and geological data; and 

24 ‘‘(D) hypothesis-driven science. 
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1 ‘‘(3) An ocean and coastal resource information 

2 system shall be accessible to the public and pub3 lished on the Internet.’’. 

4 SEC. 316. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) FISHERIES ECOSYSTEM PLANS.—There are au6 thorized to be appropriated for the conservation of marine 

7 ecosystems under section 305(j), as added by section 315 

8 of this Act—

9 (1) $15,000,000 for fiscal year 2006; 

10 (2) $20,000,000 for fiscal year 2007; 

11 (3) $25,000,000 for fiscal year 2008; 

12 (4) $30,000,000 for fiscal year 2009; and 

13 (5) $35,000,000 for fiscal year 2010. 

14 (b) OCEAN AND COASTAL RESOURCE INFORMATION

15 SYSTEM.—There are authorized to be appropriated for the 

16 ocean and coastal resource information system under sec17 tion 305(k) as added by section 315 of this Act, 

18 $5,000,000 for each of the fiscal years 2006 through 

19 2010. 

20 Subtitle B—Bycatch Management 

21 SEC. 321. POLICY. 

22 Subsection (c)(3) of section 2, as amended by section 

23 311 of this Act, is further amended by striking ‘‘minimize 

24 bycatch and avoid waste of fish;’’ and inserting ‘‘avoid by-
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1 catch, minimize the mortality of bycatch that cannot be 

2 avoided, and minimize waste of fish;’’. 

3 SEC. 322. DEFINITIONS. 

4 Section 3(2) (16 U.S.C. 1802(2)) is amended to read 

5 as follows: 

6 ‘‘(2) The term ‘bycatch’—

7 ‘‘(A) means—

8 ‘‘(i) catch of nontarget fish species 

9 and nonfish species; 

10 ‘‘(ii) economic and regulatory discards 

11 including discards of target species; and 

12 ‘‘(iii) nontarget fish and nonfish spe13 cies that are otherwise killed or injured as 

14 a result of fishing; and 

15 ‘‘(B) does not include fish released alive 

16 under a recreational catch and release fishery 

17 management program.’’. 

18 SEC. 323. NATIONAL STANDARDS FOR FISHERY CONSERVA19 TION AND MANAGEMENT. 

20 Section 301(a)(9) (16 U.S.C. 1851(a)(9)) is amended 

21 to read as follows: 

22 ‘‘(9) Conservation and management measures 

23 shall, to the maximum extent practicable, with a 

24 goal of reducing bycatch to levels approaching 

25 zero—
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1 ‘‘(A) avoid bycatch; and 

2 ‘‘(B) to the extent bycatch cannot be 

3 avoided, minimize the mortality of such by4 catch.’’. 

5 SEC. 324. CONTENTS OF FISHERY MANAGEMENT PLANS. 

6 (a) REQUIRED PROVISIONS.—

7 (1) IN GENERAL.—Section 303(a) (16 U.S.C. 

8 1853(a)), as amended by section 314(a) of this Act, 

9 is further amended—

10 (A) by striking paragraph (11) and insert11 ing the following: 

12 ‘‘(11) not later than 1 year after the date of en13 actment of the National Oceans Protection Act of 

14 2005, establish and implement a bycatch monitoring 

15 and minimization plan that includes—

16 ‘‘(A) an accurate and reliable standardized 

17 reporting methodology to assess the amount 

18 and type of bycatch occurring in the fishery, in19 cluding an appropriate and effective system to 

20 monitor bycatch which, in the case of vessels of 

21 the United States (other than vessels engaged 

22 in charter fishing that are carrying 6 or fewer 

23 passengers for hire) engaged in commercial 

24 fishing may be an observer program; 
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1 ‘‘(B) based on data from the bycatch moni2 toring programs established under subpara3 graph (A), objective and measurable targets to 

4 reduce bycatch on an annual basis by a statis5 tically significant amount from the previous 

6 year, utilizing conservation and management 

7 measures that, to the maximum extent prac8 ticable and in the following priority—

9 ‘‘(i) avoid bycatch; and 

10 ‘‘(ii) minimize the mortality of by11 catch that cannot be avoided; and 

12 ‘‘(C) place a high priority on fisheries 

13 with—

14 ‘‘(i) high levels of bycatch mortality; 

15 ‘‘(ii) high rates of bycatch mortality; 

16 ‘‘(iii) bycatch of protected species; 

17 ‘‘(iv) poor data on bycatch; or 

18 ‘‘(v) bycatch that causes significant 

19 ecological impacts.’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(16) account for all direct and indirect sources 

22 of fishing mortality, including bycatch mortality, in 

23 stock assessments, in determining the maximum sus24 tainable yield for the fishery, in establishing total al-
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1 lowable catch and other catch limits necessary to 

2 achieve the optimum yield, and in counting catch.’’. 

3 (2) TECHNICAL AMENDMENTS.—Such sub4 section is further amended—

5 (A) in paragraph (14), by striking ‘‘and’’ 

6 at the end; and 

7 (B) in paragraph (15), by striking 

8 ‘‘305(j).’’ and inserting ‘‘305(j); and’’. 

9 (b) DISCRETIONARY PROVISIONS.—

10 (1) IN GENERAL.—Section 303(b), as amended 

11 by section 314(b) of this Act, if further amended by 

12 adding at the end the following: 

13 ‘‘(13) notwithstanding any other provision of 

14 law, involve stakeholders in affected fisheries in the 

15 development of bycatch monitoring and minimization 

16 plans and include in such bycatch monitoring and 

17 minimization plans conservative bycatch quotas for 

18 individual fish species which account for all direct 

19 and indirect sources of bycatch mortality.’’. 

20 (2) TECHNICAL AMENDMENTS.—Such sub21 section is further amended—

22 (A) in paragraph (11), by striking ‘‘and’’ 

23 at the end; and 

24 (B) in paragraph (12), by striking ‘‘eco25 system.’’ and inserting ‘‘ecosystem; and’’. 
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1 SEC. 325. OTHER REQUIREMENTS AND AUTHORITY. 

2 Section 305(d) (16 U.S.C. 1855(d)) is amended by 

3 adding at the end, ‘‘Not later than 6 months after the 

4 date of enactment of the National Oceans Protection Act 

5 of 2005, the Secretary shall promulgate regulations estab6 lishing national criteria to define what constitutes an ade7 quate and appropriate bycatch monitoring and minimiza8 tion plan under section 303(a)(11), including minimum 

9 criteria for an observer program or other appropriate and 

10 effective system to monitor bycatch.’’. 

11 SEC. 326. AUTHORIZATION OF APPROPRIATIONS. 

12 There is authorized to be appropriated for the devel13 opment of a bycatch monitoring and minimization plan 

14 and criteria, as required by the amendments made by sec15 tions 324 and 325 the following amounts: 

16 (1) $15,000,000 for fiscal year 2006. 

17 (2) $10,000,000 for each of the fiscal years 

18 2007 through 2010. 

19 Subtitle C—Cetacean and Sea 

20 Turtle Conservation 

21 SEC. 331. SHORT TITLE. 

22 This subtitle may be cited as the ‘‘Cetacean and Sea 

23 Turtle Conservation Act of 2005’’. 

24 SEC. 332. PURPOSES. 

25 The purposes of this subtitle are— 
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1 (1) to restore and perpetuate healthy popu2 lations of cetaceans and sea turtles by reducing by3 catch of cetaceans and sea turtles to sustainable lev4 els through the development of bilateral and multi5 lateral efforts among the United States and other 

6 fishing nations; 

7 (2) to increase the technical capacity, financial 

8 resources, and political will necessary to reduce by9 catch of cetaceans and sea turtles to sustainable lev10 els globally; 

11 (3) to promote international standards and 

12 guidelines to reduce bycatch of cetaceans and sea 

13 turtles; and 

14 (4) to authorize financial resources for the pur15 poses described in paragraphs (1) through (3). 

16 SEC. 333. DEFINITIONS. 

17 In this subtitle: 

18 (1) APPROPRIATE FISHING GEAR AND METH19 ODS.—The term ‘‘appropriate fishing gear and 

20 methods’’ means gear and methods used in fishing 

21 operations that are proven to be effective in reducing 

22 bycatch of cetaceans or sea turtles to sustainable 

23 levels. 

24 (2) BYCATCH.—The term ‘‘bycatch’’ means the 

25 incidental mortality or serious injury of an animal 
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1 that is not the target of a fishing operation that oc2 curs in the course of the fishing operation. 

3 (3) CETACEAN.—The term ‘‘cetacean’’ means 

4 an aquatic mammal that is a member of the order 

5 Cetacea, including whales, dolphins, and porpoises. 

6 (4) INDEPENDENT EXPERTS.—The term ‘‘inde7 pendent experts’’ means individuals with expertise in 

8 issues related to cetaceans or sea turtles including 

9 representatives of academic and scientific organiza10 tions, nongovernmental organizations that promote 

11 conservation of cetacean populations, and the fishing 

12 industry. 

13 (5) POPULATION.—The term ‘‘population’’ 

14 means a distinct group of individuals of a species or 

15 smaller taxa in a common spatial arrangement that 

16 interbreed when mature. 

17 (6) SEATURTLE.—The term ‘‘sea turtle’’ 

18 means a member of— 

19 (A) the family Cheloniidae; or 

20 (B) the family Dermochelyidae. 

21 (7) SUSTAINABLE LEVELS.—The term ‘‘sus22 tainable levels’’ means, with respect to bycatch, a 

23 level of bycatch that, in combination with other mor24 tality caused by humans, does not exceed the max25 imum number of individuals that may be removed 
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1 from a population while allowing that population to 

2 recover to a level at which such population maintains 

3 its maximum productivity. 

4 SEC. 334. INTERNATIONAL AGREEMENTS AND STANDARDS. 

5 (a) INTERNATIONAL AGREEMENTS.—The Secretary, 

6 with the consent of the President and in consultation with 

7 independent experts and with the Secretary of State, shall 

8 negotiate with foreign governments that are engaged in, 

9 or that have persons or companies engaged in, commercial 

10 fishing operations that are adversely impacting popu11 lations of cetaceans or populations of sea turtles for the 

12 purpose of developing bilateral or multilateral agreements 

13 that require such governments to reduce bycatch of 

14 cetaceans or sea turtles to at least sustainable levels. 

15 (b) STANDARDS.—An international agreement nego16 tiated under subsection (a) shall include provisions to pro17 mote the development and implementation of standards 

18 for commercial fishing operations that interact with 

19 cetaceans or sea turtles that— 

20 (1) require such operations to use appropriate 

21 fishing gear and methods; and 

22 (2) are intended to reduce bycatch of cetaceans 

23 and sea turtles to at least sustainable levels. 

24 (c) UNITED NATIONS.—The Secretary may consult 

25 and coordinate with the Committee on Fisheries of the 
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1 Food and Agriculture Organization of the United Nations 

2 in developing international agreements under subsection 

3 (a) or standards under subsection (b). 

4 SEC. 335. RESEARCH AND DEVELOPMENT GRANTS. 

5 (a) AUTHORITY.—The Secretary is authorized to 

6 award grants and to provide other assistance that the Sec7 retary determines is appropriate to an eligible person to 

8 carry out the research or development of appropriate fish9 ing gear and methods, including appropriate fishing gear 

10 and methods for use— 

11 (1) in the North Sea, where harbor porpoise by12 catch is severe; 

13 (2) in Mexico’s Gulf of California, where the 

14 vaquita porpoise faces extinction unless gillnets are 

15 banned; 

16 (3) in the east coast of South America, includ17 ing waters off the coasts of Brazil, Uruguay, and 

18 Argentina, where bycatch of franciscana dolphins is 

19 contributing to the precipitous decline of that spe20 cies; or 

21 (4) in areas where bycatch of sea turtles associ22 ated with longline fishing has been found to occur 

23 frequently, as follows: 

24 (A) The central Pacific Ocean. 

25 (B) The southern Pacific Ocean. 
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1 (C) The southern Atlantic Ocean. 

2 (D) The Mediterranean Sea. 

3 (b) DEFINITIONS.—In this section: 

4 (1) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—The term ‘‘appropriate congressional com6 mittees’’ means the Committee on Commerce, 

7 Science, and Transportation of the Senate and the 

8 Committee on Resources of the House of Represent9 atives. 

10 (2) FOREIGN PERSON DEFINED.—The term 

11 ‘‘foreign person’’ means— 

12 (A) an individual who is not a United 

13 States citizen; 

14 (B) any corporation, partnership, business 

15 association, society, trust, organization, or other 

16 nongovernmental entity created or organized 

17 under the laws of a foreign country or that has 

18 its principal place of business outside the 

19 United States; or 

20 (C) any governmental entity of a foreign 

21 country. 

22 (3) MARINE MAMMAL COMMISSION.—The term 

23 ‘‘Marine Mammal Commission’’ means the Marine 

24 Mammal Commission established by section 201 of 
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1 the Marine Mammal Protection Act of 1972 (16 

2 U.S.C. 1401). 

3 (c) ELIGIBILITY.— 

4 (1) IN GENERAL.—The Secretary shall deter5 mine if a person, including any governmental entity 

6 or any foreign person, is eligible to receive a grant 

7 under this section. 

8 (d) APPLICATION.—A person seeking a grant under 

9 this section shall submit an application to the Secretary 

10 at such time, in such manner, and including such informa11 tion as the Secretary may reasonably require. 

12 (e) TERMS AND CONDITIONS.— 

13 (1) IN GENERAL.—A recipient of a grant or 

14 other financial assistance provided by the Secretary 

15 under this section shall agree to such terms and con16 ditions as the Secretary determines are necessary to 

17 protect the interests of the United States. 

18 (2) REQUIREMENT FOR CONSULTATION.—The 

19 Secretary shall consult with the Marine Mammal 

20 Commission prior to determining the terms and con21 ditions described in paragraph (1) for a recipient of 

22 a grant or other financial assistance to be used to 

23 reduce bycatch of cetaceans. 

24 (f) REPORT.—Not later than one year after the date 

25 of enactment of this Act, and annually thereafter, the Sec-
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1 retary shall submit a report to the appropriate congres2 sional committees on the grants and other assistance pro3 vided under this section. 

4 SEC. 336. BYCATCH DATABASE. 

5 (a) REQUIREMENT FOR DATABASE.—The Secretary 

6 shall establish a database of bycatch data for cetaceans 

7 and sea turtles from fisheries around the world for the 

8 purpose described in subsection (b). 

9 (b) PURPOSE OF DATABASE.—The purpose of the 

10 database is to make information related to bycatch, includ11 ing cetacean or sea turtles species affected by bycatch, the 

12 development and use of appropriate fishing gear and 

13 methods, and efforts to reduce the bycatch of cetaceans 

14 and sea turtles, available to scientists, resource managers, 

15 and the public. 

16 (c) AVAILABILITY.—The Secretary shall make the 

17 database established pursuant to subsection (a) available 

18 by public posting through an Internet Web site. 

19 SEC. 337. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated $5,000,000 

21 for each fiscal year 2005 through 2008 to carry out the 

22 provisions of this subtitle. 
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1 Subtitle D—Individual Fishing 

2 Quotas 

3 SEC. 341. INDIVIDUAL FISHING QUOTAS. 

4 Section 303 (16 U.S.C. 1853) is amended—

5 (1) by striking subsection (b)(6) and inserting 

6 the following: 

7 ‘‘(6) establish a limited access system for the 

8 fishery in order to achieve optimum yield if, in devel9 oping such system, the Council and the Secretary 

10 take into account—

11 ‘‘(A) the conservation requirements of this 

12 Act with respect to the fishery; 

13 ‘‘(B) the present and historic participation 

14 in the fishery; 

15 ‘‘(C) the economics of the fishery; 

16 ‘‘(D) the cultural and social framework rel17 evant to the fishery and any affected fishing 

18 communities; 

19 ‘‘(E) the fair and equitable distribution of 

20 a public resource; and 

21 ‘‘(F) any other relevant considerations.’’; 

22 and 

23 (2) in subsection (d)—

24 (A) by striking paragraph (5); 
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1 (B) by redesignating paragraphs (2) 

2 through (4) as paragraphs (7) through (9); 

3 (C) by striking all that precedes paragraph 

4 (7), as so redesignated, and inserting the fol5 lowing: 

6 ‘‘(d) FISHING QUOTA SYSTEMS.—

7 ‘‘(1) A fishery management plan or plan 

8 amendment that establishes a fishing quota system 

9 for a fishery after the date of enactment of the Na10 tional Oceans Protection Act of 2005 shall—

11 ‘‘(A) include management measures de12 signed to ensure the sustainability of the fishery 

13 and provide additional and substantial con14 servation benefits to the fishery; 

15 ‘‘(B) be effective for a period of a fixed du16 ration, not to exceed 7 years; 

17 ‘‘(C) provide for administration of the sys18 tem by the Secretary in accordance with the 

19 terms of the plan; 

20 ‘‘(D) establish procedures for the Council 

21 having authority over the fishery, or the Sec22 retary in the case of a fishery management plan 

23 developed by the Secretary, to review the quota 

24 system at least 1 year prior to the end of the 

25 effective period of the plan;
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1 ‘‘(E) allocate, review, and limit or termi2 nate quota shares in accordance with this sub3 section; 

4 ‘‘(F) provide a fair and equitable process 

5 to appeal to the Secretary decisions made by a 

6 Council on—

7 ‘‘(i) eligibility to participate in all 

8 referenda authorized under this subsection 

9 and eligibility to receive an allocation of 

10 quota shares; and 

11 ‘‘(ii) limitations, restrictions, and rev12 ocations of quota shares; 

13 ‘‘(G) minimize, to the maximum extent 

14 practicable, negative social and economic im15 pacts of the system on local coastal commu16 nities; 

17 ‘‘(H) ensure adequate enforcement, man18 agement, and data collection, including the use 

19 of observers where appropriate at a level of cov20 erage that yields statistically significant results; 

21 and

22 ‘‘(I) not require that quota shares be held 

23 by a person engaged in personal-use fishing, in24 cluding any recreational or subsistence fishing, 

25 if the fishery management plan designates a 
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•S 1224 IS 

1 separate portion of the total allowable catch for 

2 personal-use fishing. 

3 ‘‘(2)(A) The Council having authority over the 

4 fishery shall make a fair and equitable allocation of 

5 all, or only a portion, of the total allowable catch 

6 limit as quota shares among existing categories of 

7 vessels and among fishing gear types or other appro8 priate qualifiers. In allocating quota shares for a 

9 fishery, the Council shall—

10 ‘‘(i) take into account present and historic 

11 participation in the fishery; 

12 ‘‘(ii) ensure that each quota share is held 

13 only by persons who—

14 ‘‘(I) except for allocations under 

15 clause (iii), hold a permit to fish in the 

16 fishery; and

17 ‘‘(II) are natural persons of the 

18 United States or permanent resident aliens 

19 qualified by Federal or State law to par20 ticipate in the fishery; 

21 ‘‘(iii) establish a mechanism to allow new 

22 entrants into the fishery; 

23 ‘‘(iv) prevent any person from controlling 

24 an excessive share of fishing quotas issued for 

25 the fishery and establish any other limits or 
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•S 1224 IS 

1 measures necessary to prevent inequitable con2 centration of quota shares and to prevent sig3 nificant impacts on any person that holds a per4 mit authorizing fishing in the fishery or the 

5 fishing community; and 

6 ‘‘(v) create incentives in successive alloca7 tions for fishermen who increase their gear se8 lectivity and protection of essential fish habitat 

9 by increasing the allocation for those fishermen.

10 ‘‘(B)(i) The Secretary may allow the transfer of 

11 a quota share allocated under subparagraph (A), on 

12 a case-by-case basis, without regard to subparagraph 

13 (A)(ii)(I), from the holder of the quota share to a 

14 member of the holder’s immediate family, due to 

15 death or disablement of the holder. 

16 ‘‘(ii) The Secretary shall establish a simple and 

17 expeditious process for such a transfer. 

18 ‘‘(iii) The Secretary may allow such a transfer 

19 only within the same category of vessel, fishing gear 

20 type, or other appropriate qualifier to maintain a 

21 fair and equitable allocation of quota shares.

22 ‘‘(3)(A) A fishing quota system established for 

23 a fishery may be limited or terminated at any time 

24 if necessary for the conservation and management of 

25 the fishery, including if the quota system has been 
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•S 1224 IS 

1 found to have jeopardized the sustainability of the 

2 stock or the safety of fishermen, by—

3 ‘‘(i) the Council that has authority over the 

4 fishery for which the system is established, 

5 through a fishery management plan or amend6 ment; 

7 ‘‘(ii) the Secretary, pursuant to section 

8 304(h); or 

9 ‘‘(iii) the Secretary, in the case of any fish10 ing quota system established by a fishery man11 agement plan developed or approved by the Sec12 retary.

13 ‘‘(B) Subparagraph (A) does not diminish the 

14 authority of the Secretary under any other provision 

15 of this Act. 

16 ‘‘(C) A quota share issued under a fishing 

17 quota system established by a fishery management 

18 plan—

19 ‘‘(i) shall expire not later than 7 years 

20 after the date it is issued; 

21 ‘‘(ii) shall be reviewed by the Council com22 mittee established in paragraph (5) not later 

23 than 6 months prior to expiration under clause 

24 (i); and 
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1 ‘‘(iii) shall be renewed in accordance with 

2 the terms of the plan and regulations issued by 

3 the Secretary or the Council having authority 

4 over the fishery for which it is issued, if, based 

5 on a review by the committee established under 

6 paragraph (5), the quota shareholder is meeting 

7 or exceeding the requirements of this Act or the 

8 conservation and management requirements of 

9 the fishery (including as a result of a violation 

10 of this Act or any regulation prescribed under 

11 this Act). 

12 ‘‘(4)(A)(i) A Council may submit a fishery man13 agement plan or plan amendment that establishes a 

14 fishing quota system only if the submission of such 

15 plan or plan amendment is approved in referendum 

16 conducted in accordance with this paragraph. 

17 ‘‘(ii) The Secretary, in the case of a fishery 

18 management plan developed by the Secretary, may 

19 approve a fishery management plan or plan amend20 ment that establishes a fishing quota system only if 

21 the approval of such plan or plan amendment is ap22 proved in referendum conducted in accordance with 

23 this paragraph. 

24 ‘‘(B) The Secretary shall conduct the ref25 erendum required under subparagraph (A). The Sec-
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1 retary shall develop guidelines to determine proce2 dures for the referenda to conduct such referendum 

3 in a fair and equitable manner. Prior to the ref4 erendum, the Secretary shall identify and notify all 

5 persons who are eligible to vote in the referendum 

6 and make available to all such persons information 

7 concerning the schedule, procedures, and eligibility 

8 requirements for the referendum process and the 

9 proposed fishing quota system. 

10 ‘‘(C) Each referendum shall be decided by the 

11 affirmative vote of a two-thirds majority of the votes 

12 cast by the persons who the Secretary determines 

13 are eligible to vote in the referendum. 

14 ‘‘(D) The Secretary shall conduct a referendum 

15 to determine support for submitting a specific pro16 posed fishing quota system for approval and imple17 mentation. Eligible voters shall be all persons who 

18 hold a permit to fish in the fishery or crew members 

19 who derive at least 75 percent of their income from 

20 the fishery subject to the proposed fishing quota sys21 tem. 

22 ‘‘(5)(A) Each Council, upon deciding to develop 

23 a fishing quota program for a fishery, shall estab24 lish, maintain, and appoint members of a review 

25 committee to make recommendations for develop-
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1 ment, evaluation, and necessary changes to such 

2 programs to ensure that such members meet the re3 quirements of this subsection. 

4 ‘‘(B) The Council, in consultation with the Sec5 retary, shall develop guidelines that will ensure that 

6 committee members are qualified for appointment 

7 and are subject to conflict of interest rules. A mem8 ber shall not vote on any decision pertaining to a 

9 fishing quota system under which the member holds 

10 a quota share or will hold a quota share during the 

11 5-year period beginning on the date of such vote. 

12 ‘‘(C) The members of a review committee estab13 lished by a Council under subparagraph (A) shall be 

14 made by the Council in such a manner as to provide 

15 fair representation to all groups affected by such 

16 programs, including commercial, recreational, and 

17 subsistence fishing interests, fishing communities, 

18 scientists, and public interest groups (including con19 servation organizations). 

20 ‘‘(D) Not less frequently than once every 7 

21 years, each review committee shall review fishing 

22 quota systems, determine whether such systems 

23 meet the requirements of this Act, and evaluate 

24 whether each such system has improved manage25 ment, conservation, and safety in the fishery. Pursu-
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1 ant to such review, the review committee shall rec2 ommend any changes to a system necessary to en3 sure it meets requirements and standards of im4 provement. 

5 ‘‘(E)(i) Not less frequently than once every 7 

6 years, the review committee shall review compliance 

7 of fishing quota holders under a fishing quota sys8 tem with the system and this Act and may rec9 ommend that a quota share be limited, reduced, or 

10 revoked if the shareholder is not meeting such re11 quirements. 

12 ‘‘(ii) Reduced and revoked quota shares shall be 

13 reallocated through a mechanism approved by the 

14 Council. In the case of any such reallocation, pref15 erence shall be given to those quota shareholders 

16 that the review committee determines are providing 

17 additional and substantial conservation benefits to 

18 the fishery, or to new entrants in a fishing gear type 

19 or vessel category that, as a group, are providing ad20 ditional and substantial conservation benefits to the 

21 fishery. 

22 ‘‘(iii) Any recommendation for limitation, re23 duction, revocation, or reallocation of quota share is 

24 subject to appeal under the process established 

25 under paragraph (1)(F). 
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1 ‘‘(F) Not later than 90 days after the date that 

2 a review committee completes a review under sub3 paragraph (D), the appropriate Council shall trans4 mit to Congress a report containing the results of 

5 each fishing quota system review within 90 days 

6 after the review is completed.’’; and 

7 (D) by adding at the end the following: 

8 ‘‘(10) In this subsection: 

9 ‘‘(A) The term ‘additional and substantial 

10 conservation benefits to the fishery’—

11 ‘‘(i) means scientifically measurable 

12 benefits to the fishery at the time of estab13 lishment of the system, that substan14 tially—

15 ‘‘(I) avoid bycatch and minimize 

16 the mortality of unavoidable bycatch; 

17 ‘‘(II) prevent highgrading; 

18 ‘‘(III) reduce overfishing (includ19 ing localized depletions) and rebuild 

20 overfished stocks; and 

21 ‘‘(IV) protect essential fish habi22 tat; or 

23 ‘‘(ii) if it is not possible to directly 

24 measure conservation benefits, means ac25 tions taken by a fishing quota shareholder 
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•S 1224 IS 

1 that are deemed necessary by the Sec2 retary to provide such benefits. 

3 ‘‘(B) The term ‘excessive share’ means 

4 more than 1 percent of the total allowable catch 

5 in a fishery, except that a Council may increase 

6 such percentage—

7 ‘‘(i) to no more than 5 percent, if the 

8 Council can demonstrate that such an in9 crease will not be detrimental to other indi10 vidual fishing quota shareholders in the 

11 program; or 

12 ‘‘(ii) to no more than 15 percent, if 

13 there are 20 or fewer participants in the 

14 fishery and the Council can demonstrate 

15 that such an increase will not be detri16 mental to other individual quota share17 holders in the program. 

18 ‘‘(C) The term ‘fair and equitable alloca19 tion’ means initial or subsequent allocation of 

20 fishing quota shares based on multiple criteria 

21 that provide consideration for—

22 ‘‘(i) conservation performance, includ23 ing the use of selective fishing practices 

24 that have minimal bycatch, prevent 
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•S 1224 IS 

1 highgrading, and have minimal adverse im2 pacts on essential fish habitat; 

3 ‘‘(ii) owner-operators of fishing ves4 sels; and 

5 ‘‘(iii) long-term participation in the 

6 fishery.’’. 

7 SEC. 342. DEFINITIONS. 

8 Section 3 (16 U.S.C. 1802) is amended by adding 

9 at the end the following: 

10 ‘‘(46) The term ‘fishing quota system’ means 

11 any system that requires a user to acquire a Federal 

12 permit, which specifies by a unit or units a percent13 age of the total allowable catch of a fishery that may 

14 be received or held for exclusive use by a person or 

15 a definable group of persons, to harvest fish in a 

16 fishery, during each fishing season for which the 

17 permission is granted, including area or community 

18 quotas, sector quotas, fishing cooperatives, and fish19 ing quota programs. 

20 ‘‘(47) The term ‘quota share’ means a Federal 

21 permit under a fishing quota system to harvest a 

22 quantity of fish, expressed by a unit or units rep23 resenting a percentage of the total allowable catch of 

24 a fishery that may be received or held for exclusive 

25 use by a person or a definable group of persons, dur-
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1 ing each fishing season for which the permission is 

2 granted.’’. 

3 SEC. 343. ACTION ON LIMITED ACCESS SYSTEMS. 

4 (a) IN GENERAL.—Section 304(d)(2) (16 U.S.C. 

5 1854(d)(2)) is amended to read as follows: 

6 ‘‘(2)(A) Notwithstanding paragraph (1), the Sec7 retary is authorized and shall collect an annual fee from 

8 a person that hold or transfers a quota share to recover 

9 the actual costs directly related to the management and 

10 enforcement of any—

11 ‘‘(i) individual fishing quota program; and 

12 ‘‘(ii) community development quota program 

13 that allocates a percentage of the total allowable 

14 catch of a fishery to such program. 

15 ‘‘(B)(i) Fees collected under this paragraph shall be 

16 in addition to any other fees charged under this Act and 

17 shall be deposited in the Limited Access System Adminis18 tration Fund established under section 305(h)(5)(B). 

19 ‘‘(ii) Upon application by a State, the Secretary shall 

20 transfer to such State up to 33 percent of any fee collected 

21 pursuant to subparagraph (A) under a community devel22 opment quota program and deposited in the Limited Ac23 cess System Administration Fund in order to reimburse 

24 such State for actual costs directly incurred in the man25 agement and enforcement of such program. 
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1 ‘‘(C) The Secretary, in consultation with the Coun2 cils, shall promulgate regulations prescribing the method 

3 of determining under this paragraph the ex-vessel value 

4 of fish authorized under a quota share, the amount of fees, 

5 and the method of collecting fees. 

6 ‘‘(D) Fees collected under subparagraph (B)(ii) from 

7 holders of quota shares in a fishery shall be an offsetting 

8 collection and shall be available to the Secretary only for 

9 the purposes of administering and implementing this Act 

10 with respect to that fishery. 

11 ‘‘(E) In addition to the other requirements of this 

12 Act, the Secretary may not approve a fishery management 

13 plan that establishes a limited access system that provides 

14 for the allocation of fishing quotas (in this subsection re15 ferred to as a ‘fishing quota system’) unless the plan com16 plies with section 303(d). Not later than 1 year after re17 ceipt of recommendations from the review panel estab18 lished under section 303(d)(6), the Secretary shall issue 

19 regulations that establish requirements for establishing a 

20 fishing quota system. The regulations shall be developed 

21 in accordance with the recommendations of the review 

22 panel. The regulations shall—

23 ‘‘(i) specify factors that shall be considered by 

24 a Council in determining whether a fishery should be 

25 managed under a fishing quota system; 
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1 ‘‘(ii) ensure that any fishing quota system is 

2 consistent with the requirements of section 303(d), 

3 and require the collection of fees in accordance with 

4 paragraph (1); 

5 ‘‘(iii) provide for appropriate penalties for viola6 tions of regulations governing fishing quota systems, 

7 including the revocation of quota shares for such 

8 violations; and 

9 ‘‘(iv) establish a central lien registry system for 

10 the identification, perfection, and determination of 

11 lien priorities, and nonjudicial foreclosure of encum12 brances, on fishing quotas.’’. 

13 (b) CONFORMING AMENDMENTS.—

14 (1) QUOTASHARE.—The following provisions 

15 are each amended by striking ‘‘individual fishing 

16 quota’’ each place it appears and inserting ‘‘quota 

17 share’’: 

18 (A) Subsection (d)(7) of section 303 (16 

19 U.S.C. 1853), as redesignated by section 

20 241(2)(B) of this Act. 

21 (B) Section 304(c)(3) (16 U.S.C. 

22 1854(c)(3)). 

23 (C) Section 402(b)(1)(D) (16 U.S.C. 

24 1881a(b)(1)(D)). 
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1 (D) Subsections (a)(1)(D), (c)(1), and 

2 (c)(2)(B) of section 407 (16 U.S.C. 1883). 

3 (2) LIMITED ACCESS SYSTEM PERMITS.—Sec4 tion 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended 

5 by striking ‘‘individual’’. 

6 Subtitle E—Fisheries Science and 

7 Management 

8 SEC. 351. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Fisheries Science 

10 and Management Enhancement Act of 2005’’. 

11 SEC. 352. REGIONAL FISHERY MANAGEMENT COUNCIL 

12 COMMITTEES AND PANELS. 

13 (a) SCIENCE AND STATISTICAL COMMITTEES.—Sec14 tion 302(g)(1) of the Magnuson-Stevens Fishery Con15 servation and Management Act (16 U.S.C. 1852(g)(1)) is 

16 amended to read as follows: 

17 ‘‘(1) SCIENCE AND STATISTICAL COMMIT18 TEES.—

19 ‘‘(A) REQUIREMENT TO ESTABLISH.—

20 Each Council shall establish and maintain a 

21 science and statistical committee to assist the 

22 Council in the development, collection, and eval23 uation of such statistical, biological, economic, 

24 social, and other scientific information as is rel25 evant to the Council’s development and amend-
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1 ment of any fishery management plan. The 

2 members of the science and statistical com3 mittee shall consist of qualified Federal, State, 

4 academic, or independent scientists, and shall 

5 be appointed and paid a stipend by the Admin6 istrator of the National Oceanic and Atmos7 pheric Administration. 

8 ‘‘(B) ESTABLISHMENT OF FISHERY AND

9 MARINE SCIENCE SUBCOMMITTEE.—Each 

10 science and statistical committee established by 

11 a Council under this paragraph shall include a 

12 fishery and marine science subcommittee that—

13 ‘‘(i) is composed of members of the 

14 science and statistical committee who have 

15 demonstrated scientific expertise in fishery 

16 biological science or marine ecology; and 

17 ‘‘(ii) includes balanced representation 

18 of both such disciplines on the sub19 committee. 

20 ‘‘(C) FUNCTIONS OF FISHERY AND MARINE

21 SCIENCE SUBCOMMITTEE.—In the development 

22 by a Council of any fishery management plan or 

23 amendment to a fishery management plan, and 

24 in the taking by a Council of any other action 

25 that prescribes an authorized fishing mortality 
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1 level or rate, the fishery and marine science 

2 subcommittee of the Council shall—

3 ‘‘(i) based on the best scientific infor4 mation available, determine for the Coun5 cil—

6 ‘‘(I) biological catch (including 

7 bycatch) limits, including annual lim8 its, that will prevent overfishing, re9 build overfished stocks, achieve, on a 

10 continuing basis, the optimum yield 

11 for such fishery, and that consider 

12 predator-prey relationships and other 

13 ecological factors; 

14 ‘‘(II) specific habitat types and 

15 areas in need of protection from the 

16 adverse effects of fishing identified 

17 pursuant to section 303(a)(7); and 

18 ‘‘(III) any additional protections 

19 required for species under the Coun20 cil’s jurisdiction that are listed as 

21 threatened species or endangered 

22 under section 4 of the Endangered 

23 Species Act of 1973 (16 U.S.C. 

24 1533); 
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1 ‘‘(ii) allow an opportunity for public 

2 input on the development of the sub3 committee’s determinations and create a 

4 public record of such input and the sub5 committee’s response to such input; 

6 ‘‘(iii) publish its determinations in the 

7 Federal Register; and 

8 ‘‘(iv) review all conservation and man9 agement measures developed by the Coun10 cil to determine whether such measures are 

11 at least as stringent as the subcommittee’s 

12 determinations made under clause (i). 

13 ‘‘(D) RECOMMENDATIONS.—Each fishery 

14 and marine science subcommittee may rec15 ommend to the associated Council conservation 

16 and management measures that are based on 

17 and consistent with the determinations made by 

18 the subcommittee under subparagraph (C)(i).’’. 

19 (b) EFFECT OF DECISIONS AND RECOMMENDA20 TIONS.—Section 302(g)(5) of the Magnuson-Stevens Fish21 ery Conservation and Management Act (16 U.S.C. 

22 1852(g)(5)) is amended by inserting ‘‘, except decisions 

23 and recommendations made by the fisheries and marine 

24 science subcommittees of the science and statistical com-
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•S 1224 IS 

1 mittees pursuant to paragraph (1)(C)(i),’’ after ‘‘under 

2 this subsection’’. 

3 (c) EFFECT OF DECISIONS AND RECOMMENDA4 TIONS.—Section 302(g) of the Magnuson-Stevens Fishery 

5 Conservation and Management Act (16 U.S.C. 1852(g)) 

6 is amended by adding at the end the following: 

7 ‘‘(6) For the purposes of this subsection, the 

8 term ‘qualified Federal, State, academic, or inde9 pendent scientists’ means individuals who—

10 ‘‘(A) through publication of peer-reviewed 

11 scientific literature and academic training, 

12 have—

13 ‘‘(i) demonstrated scientific expertise 

14 in fisheries science or marine ecology; or 

15 ‘‘(ii) demonstrated expertise in eco16 nomics or social science as it relates to 

17 fisheries management; and 

18 ‘‘(B) have no direct financial interest, or 

19 are not employed by any person with a direct 

20 financial interest, in any fishery.’’. 

21 (d) DISCLOSURE OF FINANCIAL INTEREST AND

22 RECUSAL.—Section 302(j) of the Magnuson-Stevens Fish23 ery Conservation and Management Act (16 U.S.C. 

24 1852(j)) is amended by striking paragraphs (6) and (7) 

25 and inserting the following: 
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1 ‘‘(6) PROHIBITION ON VOTING.—

2 ‘‘(A) PROHIBITION.—An affected indi3 vidual shall not vote on a Council decision that 

4 would have an effect on a financial interest that 

5 the individual is required to disclose under 

6 paragraph (2). 

7 ‘‘(B) DETERMINATION OF EFFECT ON FI8 NANCIAL INTEREST.—At the request of an af9 fected individual or a member of the public, or 

10 upon the initiative of the appropriate des11 ignated official, the designated official shall 

12 make a determination for the record whether a 

13 Council decision would have an effect on the fi14 nancial interest of an affected individual re15 ferred to in subparagraph (A). 

16 ‘‘(C) REVIEW OF DETERMINATION.—Any 

17 Council member or member of the public may 

18 submit a written request to the Administrator 

19 of the National Oceanic and Atmospheric Ad20 ministration to review any determination by the 

21 designated official under subparagraph (B), 

22 within 10 days after such determination. Such 

23 review shall be completed within 30 days after 

24 receipt of the request. 
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1 ‘‘(D) TREATMENT OF DECISION MADE

2 PENDING REVIEW.—If the Council makes a de3 cision before the Administrator has completed a 

4 review under subparagraph (C), the eventual 

5 ruling by the Administrator in the review shall 

6 be treated as a cause for invalidation or recon7 sideration by the Administrator of such deci8 sion, if the Administrator determines that the 

9 Council decision had an effect on the financial 

10 interest of an affected individual and the af11 fected individual’s vote decided the Council ac12 tion. 

13 ‘‘(E) RULEMAKING.—The Administrator, 

14 in consultation with the Councils and by not 

15 later than 1 year after the date of enactment of 

16 the Fisheries Science and Management En17 hancement Act of 2005, shall promulgate regu18 lations that—

19 ‘‘(i) prohibit an affected individual 

20 from voting in accordance with subpara21 graph (A); and 

22 ‘‘(ii) allow for the making of deter23 minations under subparagraphs (B) and 

24 (C). 
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1 ‘‘(7) RELATIONSHIP TO OTHER LAW.—Section 

2 208 of title 18, United States Code, does not apply 

3 to an affected individual referred to in paragraph 

4 (1)(A)(ii) during any time during which the indi5 vidual is in compliance with the regulations pre6 scribed under paragraph (5).’’. 

7 SEC. 353. REQUIRED PROVISIONS IN FISHERY MANAGE8 MENT PLANS. 

9 Section 303(a) of the Magnuson-Stevens Fishery 

10 Conservation and Management Act (16 U.S.C. 1853(a)) 

11 is amended—

12 (1) in paragraph (1)(A) by inserting ‘‘and the 

13 associated ecosystem’’ before the semicolon at the 

14 end; 

15 (2) in paragraph (1) by striking ‘‘and’’ after 

16 the semicolon at the end of subparagraph (B), by 

17 adding ‘‘and’’ after the semicolon at the end of sub18 paragraph (C), and by adding at the end the fol19 lowing: 

20 ‘‘(D) in the case of a plan developed by a 

21 Council, at least as stringent as (or more strin22 gent than) the matters determined under sec23 tion 302(g)(1)(C)(i) by the fishery and marine 

24 science subcommittee of the Council;’’; and 
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1 (3) by amending paragraph (14) to read as fol2 lows: 

3 ‘‘(14) allocate any quotas or other conservation 

4 and management measures fairly and equitably 

5 among the commercial, recreational, and charter 

6 fishing sectors in the fishery, and allow individual 

7 sectors of the fishery to develop allocation plans that 

8 are subject to the approval of the Council.’’. 

9 SEC. 354. PEER REVIEW. 

10 Section 304 of the Magnuson-Stevens Fishery Con11 servation and Management Act (16 U.S.C. 1854) is 

12 amended by adding at the end the following: 

13 ‘‘(i) PEER REVIEW.—

14 ‘‘(1) REVIEW REQUIREMENTS.—The Adminis15 trator of the National Oceanic and Atomospheric 

16 Administration, using qualified independent sci17 entists, shall—

18 ‘‘(A) periodically conduct peer reviews of 

19 determinations made under section 

20 302(g)(1)(C)(i) by each fishery and marine 

21 science subcommittee of a Council’s science and 

22 statistical committee; and 

23 ‘‘(B) upon request by a Council, conduct a 

24 peer review of a determination made under sec25 tion 302(g)(1)(C)(i) by a fishery and marine 
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•S 1224 IS 

1 science subcommittee of the Council’s science 

2 and statistical committee. 

3 ‘‘(2) IMPLEMENTATION OF DETERMINATION

4 NOT AFFECTED.—Paragraph (1)(B), and any re5 quest for review under that paragraph, shall not af6 fect any requirement that a Council implement a de7 termination that is the subject of such a request.’’. 

8 SEC. 355. COOPERATIVE RESEARCH, DATA COLLECTION, 

9 AND GEAR MODIFICATION PROGRAM. 

10 Section 305 of the Magnuson-Stevens Fishery Con11 servation and Management Act (16 U.S.C. 1855) is 

12 amended by adding at the end the following: 

13 ‘‘(j) COOPERATIVE RESEARCH, DATA COLLECTION, 

14 AND GEAR MODIFICATION PROGRAM.—In cooperation 

15 with the Councils, the fishing industry, the conservation 

16 community, and interested academics, the Administrator 

17 of the National Oceanic and Atmospheric Administration 

18 shall carry out a cooperative research, data collection, and 

19 gear modification program to—

20 ‘‘(1) conduct conservation engineering projects 

21 designed to avoid bycatch, minimize the mortality of 

22 unavoidable bycatch, or minimize fishery impacts on 

23 essential fish habitat through modifications of fish24 ing gear and practices; 
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1 ‘‘(2) identify ecosystem effects of fishing, to 

2 monitor marine ecosystem trends and dynamics; 

3 ‘‘(3) collect information on the status of stocks 

4 of fish and the life history of managed species of 

5 fish; 

6 ‘‘(4) provide financial assistance to fishermen to 

7 offset the costs of modifying fishing practices and 

8 gear to meet the requirements of this Act; 

9 ‘‘(5) provide financial assistance to States for 

10 programs to improve recreational fishing data; and 

11 ‘‘(6) provide financial or other incentives for 

12 fishermen to develop and utilize fishing gear and 

13 practices that avoid bycatch, the mortality of un14 avoidable bycatch, and adverse impacts on essential 

15 fish habitat.’’. 

16 SEC. 356. AMENDMENTS TO SALTONSTALL-KENNEDY ACT. 

17 (a) USE OF TRANSFERRED AMOUNTS.—Section 2(b) 

18 of the Act of August 11, 1939 (15 U.S.C. 713c–3(b)), 

19 popularly known as the Saltonstall-Kennedy Act, is 

20 amended to read as follows: 

21 ‘‘(b) TRANSFER OF FUNDS.—The Secretary of Agri22 culture shall transfer to the Administrator of the National 

23 Oceanic and Atmospheric Administration each fiscal year 

24 from moneys made available to carry out the provisions 

25 of section 32 of such Act of August 24, 1935, an amount 
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1 equal to 30 percent of the gross receipts from duties col2 lected under the customs laws on fishery products (includ3 ing fish, shellfish, mollusks, crustacea, aquatic plants and 

4 animals, and any products thereof, including processed 

5 and manufactured products), which shall be maintained 

6 in a separate fund only for use by the Administrator—

7 ‘‘(1) to provide financial assistance for the pur8 pose of carrying out fisheries research and develop9 ment projects approved under subsection (c); 

10 ‘‘(2) to implement the national fisheries re11 search and development program provided for under 

12 subsection (d); 

13 ‘‘(3) to implement the Northwest Atlantic 

14 Ocean Fisheries Reinvestment Program established 

15 under section 314 of the Magnuson-Stevens Fishery 

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

17 1863); 

18 ‘‘(4) to fund the Federal share of a fishing ca19 pacity reduction program established under section 

20 312 of the Magnuson-Stevens Fishery Conservation 

21 and Management Act (16 U.S.C. 1861a); and 

22 ‘‘(5) to implement section 305(j) of the Magnu23 son-Stevens Fishery Conservation and Management 

24 Act (16 U.S.C. 1855(j)).’’. 
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1 (b) ALLOCATION OF FUND MONEYS.—Section 

2 2(e)(1) of such Act (15 U.S.C. 713c–3(e)) is amended—

3 (1) in the first sentence by inserting ‘‘and such 

4 other purposes as are authorized by this Act’’ after 

5 ‘‘provisions of this section’’; 

6 (2) by inserting after the first sentence the fol7 lowing: 

8 ‘‘Amounts available for allocation under this subsection 

9 shall be in addition to amounts appropriated for National 

10 Marine Fisheries Service operations.’’; 

11 (3) in paragraph (1)(A) by striking ‘‘no less 

12 than 60 per centum $5,000,000 of such moneys’’ 

13 and inserting ‘‘$5,000,000’’; and 

14 (4) by amending paragraph (1)(B) to read as 

15 follows: 

16 ‘‘(B) The Administrator of the National 

17 Oceanic and Atmospheric Administration shall 

18 use the balance of the moneys in the fund to fi19 nance activities carried out under section 

20 305(k) of the Magnuson-Stevens Fishery Con21 servation and Management Act (16 U.S.C. 

22 1855(k)).’’. 
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1 TITLE IV—MARINE MAMMALS 

2 SEC. 401. EMERGING THREATS TO MARINE MAMMALS. 

3 (a) IN GENERAL.—The Chairman of the Marine 

4 Mammal Commission shall, after consultation with inter5 ested parties and by not later than January 1, 2007, 

6 transmit to the Administrator, the Secretary of the Inte7 rior, the Committee on Commerce, Science, and Transpor8 tation of the Senate, and the Committee on Resources of 

9 the House of Representatives, and make available to the 

10 public, a report on emerging threats to marine mammals. 

11 The report shall be developed by the Commission and its 

12 Committee of Scientific Advisers on Marine Mammals in 

13 consultation with individuals with knowledge and experi14 ence in marine mammal biology, ecology, physiology, at15 mospheric science, chemical and physical oceanography, 

16 bio- and ocean acoustics, and marine conservation. 

17 (b) CONTENT.—The report shall—

18 (1) identify and assess the magnitude of emerg19 ing and existing threats to marine mammal popu20 lation stocks; 

21 (2) evaluate the health of marine mammal pop22 ulation stock in the wild, and correlate that informa23 tion with data on ecosystem health, food supply, 

24 predator and prey relationships, and other relevant 
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1 physical, chemical, and biological environmental pa2 rameters; 

3 (3) identify data gaps in distribution, status of 

4 population stocks, and threats to population stocks 

5 and provide a research plan to fill such gaps; and 

6 (4) provide recommendations for regulations or 

7 statutory changes to the Marine Mammal Protection 

8 Act of 1972 to mitigate such threats. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to the Marine Mammal 

11 Commission to carry out this section $2,500,000 for fiscal 

12 years 2006 and 2007. 

13 SEC. 402. NATIONAL OCEAN NOISE POLLUTION RESEARCH 

14 FUND. 

15 Section 4 of the National Fish and Wildlife Founda16 tion Establishment Act (16 U.S.C. 3703) is amended by 

17 adding at the end the following: 

18 ‘‘(j)(1) In carrying out the purposes under section 

19 2(b), the Foundation shall establish a national ocean noise 

20 pollution research endowment fund (referred to in this 

21 subsection as the ‘endowment fund’) to be used by the 

22 Foundation to support research and management pro23 grams that contribute to the understanding, evaluation, 

24 mitigation, or management of the effects of ocean noise 

25 on marine species, including marine mammals and fish. 
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•S 1224 IS 

1 ‘‘(2)(A) In a manner consistent with subsection 

2 (c)(1), the Foundation may—

3 ‘‘(i) accept, receive, solicit, hold, administer, 

4 and use any gift, devise, or bequest made to the 

5 Foundation for the express purpose of supporting 

6 the endowment fund; and 

7 ‘‘(ii) deposit in the endowment fund any funds 

8 made available to the Foundation under this sub9 paragraph, including any income or interest earned 

10 from a gift, devise, or bequest received by the Foun11 dation under this subparagraph. 

12 ‘‘(B) To raise funds to be deposited in the endowment 

13 fund, the Foundation may enter into appropriate arrange14 ments to provide for the design, copyright, production, 

15 marketing, or licensing of logos, seals, decals, stamps, or 

16 any other item that the Foundation determines to be ap17 propriate. 

18 ‘‘(C)(i) There is authorized to be appropriated for 

19 purposes of transfer to the endowment fund and in addi20 tion to any other authorized funds, $3,000,000 for each 

21 of the fiscal years 2006 through 2010. The Secretary shall 

22 transfer to the Foundation for deposit in this endowment 

23 fund all funds authorized to be appropriated to it by Con24 gress for this purpose. Notwithstanding any other provi25 sion of this chapter, the funds hereby authorized shall be 
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1 provided to, and may be used by, the Foundation without 

2 regard to the availability of matching contributions made 

3 by private persons and State and local government agen4 cies. 

5 ‘‘(ii) Of the funds authorized to be appropriated 

6 under clause (i), 2.5 percent of the amount authorized to 

7 be appropriated for fiscal year 2006 and 1 percent of the 

8 amount authorized for subsequent fiscal years may be 

9 used by the Foundation for the administration of the en10 dowment fund. 

11 ‘‘(3)(A) The Foundation shall form, within 90 days 

12 of the establishment of the endowment fund, a council of 

13 advisors for the administration of the endowment fund. 

14 Such council shall consist of persons knowledgeable in the 

15 science and policy of marine acoustic pollution and shall 

16 include among its members—

17 ‘‘(i) 1 representative appointed by the Sec18 retary; 

19 ‘‘(ii) 1 representative appointed by the Marine 

20 Mammal Commission; and 

21 ‘‘(iii) representatives from nongovernmental 

22 conservation or wildlife protection organizations and 

23 from the scientific community. 

24 ‘‘(B) The council established under subparagraph (A) 

25 shall identify funding priorities, review and select pro-
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1 posals, and evaluate projects that are supported by the 

2 endowment fund. 

3 ‘‘(C) It is the intent of Congress that in making ex4 penditures from the endowment fund to carry out activi5 ties specified in paragraph (1), the Foundation should give 

6 priority to funding projects on marine noise pollution that 

7 the council of advisors determines will address—

8 ‘‘(i) subtle changes in marine mammal behav9 ior, such as those related to masking, caused by an10 thropogenic sounds; 

11 ‘‘(ii) the development of noise-induced stress in12 dicators in marine mammals, fisheries, and other 

13 marine life; 

14 ‘‘(iii) causal mechanisms for mass strandings 

15 and observed traumas of beaked whales and other 

16 cetaceans; 

17 ‘‘(iv) the development of models to predict pop18 ulation-level consequences of anthropogenic sounds, 

19 or of integrated models to assess noise effects on 

20 hearing and behavior; 

21 ‘‘(v) the development of a global ocean noise 

22 budget; 

23 ‘‘(vi) the development of methods for siting 

24 noise-generating activities with the purpose of reduc25 ing impacts on the marine environment; 
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1 ‘‘(vii) the development of alternative tech2 nologies or control technologies that would reduce 

3 the impact of noise-generating activities; 

4 ‘‘(viii) the development of alternative tech5 nologies that would reduce the level of sound pro6 duced by noise-generating activities; or 

7 ‘‘(ix) any other matters that are important to 

8 the understanding, evaluation, mitigation, or man9 agement of the effects of ocean noise on marine 

10 life.’’. 

11 SEC. 403. TAKE REDUCTION PLANS. 

12 Section 115(b)(4) of the Marine Mammal Protection 

13 Act of 1972 (16 U.S.C. 1383b(b)(4)) is amended to read 

14 as follows: 

15 ‘‘(4) If the Secretary determines that a take reduc16 tion plan is necessary to reduce the taking of marine mam17 mals incidental to engaging in a listed fishery from a stra18 tegic stock, or for species or stocks that interact with a 

19 fishery for which the Secretary has made a determination 

20 under section 118(f)(1), any conservation plan prepared 

21 under this subsection for such species or stock shall incor22 porate the take reduction plan required under section 118 

23 for such species or stock.’’.
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1 SEC. 404. FISHERIES GEAR DEVELOPMENT TO REDUCE BY2 CATCH. 

3 Section 111 of the Marine Mammal Protection Act 

4 of 1972 (16 U.S.C. 1381) is amended as follows: 

5 (1) Subsection (a) is amended to read as fol6 lows: 

7 ‘‘(a) RESEARCH AND DEVELOPMENT PROGRAM.—

8 ‘‘(1) IN GENERAL.—The Secretary of Com9 merce (in this section referred to as the ‘Secretary’) 

10 shall—

11 ‘‘(A) carry out a program of research and 

12 development for the purpose of devising im13 proved fishing methods and gear so as to re14 duce to the maximum extent practicable the in15 cidental taking of marine mammals in connec16 tion with fishing operations; and 

17 ‘‘(B) make every practicable effort to de18 velop, evaluate, and make available to owners 

19 and operators of fishing vessels such gear and 

20 fishing method improvements as quickly as pos21 sible. 

22 ‘‘(2) FISHING GEAR BUY-BACK PROGRAM.—

23 Subject to the availability of appropriations, the Sec24 retary may establish a voluntary fishing gear buy25 back program, if such action is specifically provided 

26 for in a take reduction plan adopted pursuant to 
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1 section 118(f) or in regulations promulgated pursu2 ant to section 118 (f) or (g). 

3 ‘‘(3) COORDINATION WITH OTHER COUN4 TRIES.—The Secretary may coordinate with other 

5 countries to foster gear technology transfer initia6 tives to reduce to the maximum extent practicable 

7 the incidental mortality and serious injury of marine 

8 mammals throughout the full extent of their range.’’. 

9 (2) By adding at the end the following: 

10 ‘‘(e) GEAR RESEARCH MINI-GRANT PROGRAM.—

11 ‘‘(1) IN GENERAL.—Subject to the availability 

12 of appropriations, the Secretary may establish a 

13 grant program to provide financial assistance for de14 veloping, manufacturing, testing, or designing new 

15 types of fishing gear designed to eliminate or reduce 

16 to the maximum extent practicable the incidental 

17 taking (including incidental mortality and serious in18 jury) of marine mammals. 

19 ‘‘(2) GRANT AMOUNT AND PURPOSES.—The 

20 amount of a grant under this subsection may not ex21 ceed $20,000. 

22 ‘‘(3) GRANT APPLICATIONS.—To receive a 

23 grant under this section, an applicant must submit 

24 an application in such form and manner as the Sec25 retary may prescribe. 
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1 ‘‘(4) CONSULTATION REGARDING CRITERIA.—

2 The Secretary shall consult with Marine Mammal 

3 Commission and other pertinent Federal agencies re4 garding the development of criteria for the awarding 

5 of grants under this subsection. 

6 ‘‘(5) ADMINISTRATIVE COSTS.—Of amounts 

7 available each fiscal year to carry out this sub8 section, the Secretary may expend not more than 

9 $40,000 to pay the administrative expenses nec10 essary to carry out this subsection.’’. 

11 SEC. 405. CLARIFICATION AND EXPANSION OF FISHERIES 

12 REQUIRED TO PARTICIPATE IN THE INCI13 DENTAL TAKE PROGRAM TO BETTER AD14 DRESS MARINE MAMMAL BYCATCH ASSOCI15 ATED WITH FISHING. 

16 (a) LISTED FISHERY DEFINED.—Section 3 of the 

17 Marine Mammal Protection Act of 1972 (16 U.S.C. 1362) 

18 is amended by adding at the end the following: 

19 ‘‘(30) The term ‘listed fishery’ means a fishery 

20 included on the list of fisheries published pursuant 

21 to section 118(c)(1).’’. 

22 (b) OTHER CLARIFICATIONS.—Section 118 of such 

23 Act (16 U.S.C. 1387) is amended—
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1 (1) in subsection (a)(1) by striking ‘‘commercial 

2 fishing operations’’ and inserting ‘‘engaging in a list3 ed fishery’’; 

4 (2) in subsection (c)(1) by striking ‘‘, within 90 

5 days after the date of enactment of this section’’; 

6 (3) in subsection (c)(1)(A)—

7 (A) by striking ‘‘commercial’’ the first 

8 place it appears; and 

9 (B) by striking ‘‘commercial fisheries that 

10 have’’; 

11 (4) in subsection (c)(1)(A)(i) by inserting ‘‘fish12 eries that have’’ before ‘‘frequent incidental mor13 tality’’; 

14 (5) in subsection (c)(1)(A)(ii) by inserting 

15 ‘‘fisheries that have’’ before ‘‘occasional incidental 

16 mortality’’; 

17 (6) in subsection (c)(1)(A)(iii) by inserting 

18 ‘‘commercial fisheries that have’’ before ‘‘a remote 

19 likelihood’’; 

20 (7) in subsection (c)(2)(A) by striking ‘‘com21 mercial’’; and 

22 (8) in subsection (e)—

23 (A) by striking ‘‘commercial’’ each place it 

24 appears; and 
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1 (B) by striking ‘‘Act’’ and inserting ‘‘sec2 tion’’. 

3 SEC. 406. CONFORMING AMENDMENTS TO INCIDENTAL 

4 TAKE PROGRAM. 

5 (a) MORATORIUM EXCEPTIONS.—Section 101 of the 

6 Marine Mammal Protection Act of 1972 (16 U.S.C. 1371) 

7 is amended—

8 (1) in subsection (a)(2) by striking ‘‘commer9 cial’’ after ‘‘permitted in the course of’’; 

10 (2) in subsection (a)(5)(A) by striking ‘‘com11 mercial fishing’’ and inserting ‘‘engaging in a listed 

12 fishery’’; 

13 (3) in subsection (a)(5)(D)(i) by striking ‘‘com14 mercial fishing’’ and inserting ‘‘engaging in a listed 

15 fishery’’; 

16 (4) in subsection (a)(5)(E)(i) by striking ‘‘com17 mercial fishing operations’’ and inserting ‘‘a listed 

18 fishery’’; 

19 (5) in subsection (a)(5)(E)(i)(I) by striking 

20 ‘‘commercial’’ and inserting ‘‘such’’; and 

21 (6) in subsection (a)(5)(E)(iii)—

22 (A) by striking the word ‘‘commercial’’ 

23 each place it appears; and 

24 (B) by inserting ‘‘those’’ after ‘‘serious in25 jury from’’. 
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1 (b) PROHIBITIONS.—Section 102(a)(5) of such Act 

2 (16 U.S.C. 1372(a)(5)) is amended by striking ‘‘commer3 cial’’. 

4 (c) PERMITS.—Section 104(a) of such Act (16 U.S.C. 

5 1374(a)) is amended by striking ‘‘commercial’’. 

6 (d) FEDERAL COOPERATION WITH STATES.—Sec7 tion 109(b)(3)(B)(i) of such Act (16 U.S.C. 

8 1379(b)(3)(B)(i)) is amended—

9 (1) by striking ‘‘commercial’’; and 

10 (2) by striking ‘‘(4)’’ and inserting ‘‘or section 

11 118’’. 

12 (e) GEAR DEVELOPMENT.—Section 111 of such Act 

13 (16 U.S.C. 1381) is further amended—

14 (1) by striking the section heading and insert15 ing the following: ‘‘FISHERIES GEAR DEVELOP16 MENT’’; and 

17 (2) in subsection (d)—

18 (A) by striking ‘‘commercial’’; and 

19 (B) by striking ‘‘documented under the 

20 laws of the United States’’ and inserting ‘‘en21 gaged in a listed fishery’’. 

22 SEC. 407. AUTHORIZATIONS FOR POPULATION STOCK AS23 SESSMENTS AND OBSERVER PROGRAMS. 

24 (a) POPULATION STOCK ASSESSMENT.—There are 

25 authorized to be appropriated a total of $25,000,000, or 
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1 $5,000,000 per region for each of the fiscal years 2006, 

2 2007, 2008, 2009, and 2010, for purposes of collecting 

3 data of sufficient quality and quantity to permit a reliable 

4 assessment of the status of each population stock pursu5 ant to section 117 of the Marine Mammal Protection Act 

6 of 1972 (16 U.S.C. 1386). 

7 (b) OBSERVER PROGRAMS.—There are to be author8 ized to be appropriated a total of $25,000,000, or 

9 $5,000,000 per region for each of the fiscal years 2006, 

10 2007, 2008, 2009, and 2010, for purposes of providing 

11 greater marine mammal observer coverage levels for fish12 eries listed under section 118(c)(1)(A) of the Marine 

13 Mammal Protection Act of 1972 (16 U.S.C. 

14 1387(c)(1)(A)).

15 TITLE V—COASTAL HABITAT 

16 PROTECTION AND RESTORA17 TION 

18 Subtitle A—Coastal and Estuarine 

19 Land Protection 

20 SEC. 501. ESTABLISHMENT OF COASTAL AND ESTUARINE 

21 LAND PROTECTION PROGRAM. 

22 (a) IN GENERAL.—The Administrator shall establish 

23 a Coastal and Estuarine Land Protection Program, in co24 operation with appropriate State, regional, local, and other 

25 units of government for the purposes of protecting the en-
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1 vironmental integrity of important coastal and estuarine 

2 areas, including wetlands and forests, that have significant 

3 conservation, recreation, ecological, historical, or aesthetic 

4 values, and that are threatened by conversion from their 

5 natural, undeveloped, or recreational state to other uses. 

6 The program shall be administered by the National Ocean 

7 Service of NOAA through the Office of Ocean and Coastal 

8 Resource Management. 

9 (b) PROPERTY ACQUISITION GRANTS.—The Admin10 istrator shall make grants under the program to coastal 

11 States, except coastal States that have lost less than 1 

12 percent of their wetlands to development or conversion to 

13 other land uses prior to the date of enactment of this Act, 

14 with approved coastal zone management plans or National 

15 Estuarine Research Reserve units for the purpose of ac16 quiring property or interests in property described in sub17 section (a) that will further the goals of—

18 (1) a Coastal Zone Management Plan or Pro19 gram approved under the Coastal Zone Management 

20 Act of 1972 (16 U.S.C. 1451 et seq.); 

21 (2) a National Estuarine Research Reserve 

22 management plan; or 

23 (3) a regional or State watershed protection 

24 plan involving coastal States with approved coastal 

25 zone management plans. 
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1 (c) GRANT PROCESS.—The Administrator shall allo2 cate funds to coastal States or National Estuarine Re3 search Reserves under this section through a competitive 

4 grant process in accordance with guidelines that meet the 

5 following requirements: 

6 (1) The Administrator shall consult with the 

7 State’s coastal zone management program, any Na8 tional Estuarine Research Reserve in that State, and 

9 the lead agency designated by the Governor for co10 ordinating the establishment and implementation of 

11 this Act (if different from the coastal zone manage12 ment program). 

13 (2) Each participating State shall identify pri14 ority conservation needs within the State, the values 

15 to be protected by inclusion of lands of the program, 

16 and the threats to those values that should be avoid17 ed. 

18 (3) Each participating State shall evaluate how 

19 the acquisition of property or easements might im20 pact waterfront working needs. 

21 (4) The applicant shall identify the values to be 

22 protected by inclusion of the lands in the program, 

23 management activities that are planned and the 

24 manner in which they may affect the values identi25 fied, and any other information from the landowner 
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1 relevant to administration and management of the 

2 land. 

3 (5) Awards shall be based on demonstrated 

4 need for protection and ability to successfully lever5 age funds among participating entities, including 

6 Federal programs, regional organizations, State and 

7 other governmental units, landowners, corporations, 

8 or private organizations. 

9 (6) Applications must be determined to be con10 sistent with the State’s or territory’s approved coast11 al zone plan, program and policies prior to submittal 

12 to the Administrator. 

13 (7) Priority shall be given to lands described in 

14 subsection (a) that can be effectively managed and 

15 protected and that have significant ecological or wa16 tershed protection value, including lands within the 

17 Coastal Barrier Resources System that may be avail18 able for acquisition. 

19 (8) In developing guidelines under this section, 

20 the Secretary shall consult with other Federal agen21 cies and non-governmental entities expert in land ac22 quisition and conservation procedures. 

23 (9) Eligible States or National Estuarine Re24 search Reserves may allocate grants to local govern25 ments or agencies eligible for assistance under sec-
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1 tion 306A(e) of the Coastal Zone Management Act 

2 of 1972 (16 U.S.C. 1455a(e)) and may acquire 

3 lands in cooperation with nongovernmental entities 

4 and Federal agencies. 

5 (10) The Administrator shall develop perform6 ance measures that will allow periodic evaluation of 

7 the program’s effectiveness in meeting the purposes 

8 of this section and such evaluation shall be reported 

9 to Congress. 

10 (d) MATCHING REQUIREMENTS.—

11 (1) IN GENERAL.—The Administrator may not 

12 make a grant under the program unless the Federal 

13 funds are matched by non-Federal funds in accord14 ance with this subsection. 

15 (2) MAXIMUM FEDERAL SHARE.—

16 (A) 75 PERCENT FEDERAL FUNDS.—No 

17 more than 75 percent of the funding for any 

18 grant under this section shall be derived from 

19 Federal sources, unless such requirement is 

20 specifically waived by the Administrator. 

21 (B) WAIVER OF REQUIREMENT.—The Ad22 ministrator may grant a waiver of the limitation 

23 in subparagraph (A) for underserved commu24 nities, communities that have an inability to 

25 draw on other sources of funding because of the 
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1 small population or low income of the commu2 nity, or for other reasons the Administrator 

3 deems appropriate. 

4 (3) SOURCE OF MATCHING COST SHARE.—For 

5 purposes of paragraph (2)(A), the non-Federal cost 

6 share for a project may be determined by taking into 

7 account the following: 

8 (A) Land value may be used as non-Fed9 eral match if the lands are identified in project 

10 plans and acquired within three years prior to 

11 the submission of the project application or 

12 after the submission of a project application 

13 until the project grant is closed (not to exceed 

14 3 years). The appraised value of the land at the 

15 time of project closing will be considered the 

16 non-Federal cost share. 

17 (B) Costs associated with land acquisition, 

18 land management planning, remediation, res19 toration, and enhancement may be used as non20 Federal match if the activities are identified in 

21 the plan and expenses are incurred within the 

22 period of the grant award. These costs may in23 clude either case or in-kind contributions. 

24 (e) LIMIT ON ADMINISTRATIVE COSTS.—No more 

25 than 5 percent of the funds made available to the Adminis-
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1 trator under this section shall be used by the Adminis2 trator for planning or administration of the program. The 

3 Administrator shall provide a report to Congress with an 

4 account of all expenditures under this section for fiscal 

5 year 2006 and triennially thereafter. 

6 (f) TITLE AND MANAGEMENT OF ACQUIRED PROP7 ERTY.—

8 (1) IN GENERAL.—If any property is acquired 

9 in whole or in part with funds made available 

10 through a grant under this section, the grant recipi11 ent shall provide such assurances as the Adminis12 trator may require that—

13 (A) the title to the property will be held by 

14 the grant recipient or other appropriate public 

15 agency designated by the recipient in per16 petuity; and 

17 (B) the property will be managed in a 

18 manner that is consistent with the purposes for 

19 which the land entered into the program and 

20 shall not convert such property to other uses. 

21 (2) CONSERVATION EASEMENT.—In this sub22 section, the term ‘‘conservation easement’’ includes 

23 an easement, recorded deed, or interest deed where 

24 the grantee acquires all rights, title, and interest in 

25 a property, that do not conflict with the goals of this 
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1 Act except those rights, title, and interests that may 

2 run with the land that are expressly reserved by a 

3 grantor and are agreed to at the time of purchase. 

4 (g) DEFINITIONS.—In this section, the term ‘‘coastal 

5 State’’ has the meaning given that term by section 304(4) 

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

7 1453(4)), and any other term used in this section that 

8 is defined in section 304 of that Act has the meaning given 

9 that term in that section. 

10 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Administrator 

12 $500,000,000 for each of the fiscal years 2006 through 

13 2010 to carry out this section. 

14 SEC. 502. ASSISTANCE FROM OTHER AGENCIES. 

15 Section 310(a) of the Coastal Zone Management Act 

16 of 1972 (16 U.S.C. 1456c(a)) is amended by striking ‘‘any 

17 qualified person for the purposes of carrying out this sub18 section.’’ and inserting ‘‘any other Federal agencies (in19 cluding interagency financing of Coastal America activi20 ties) and any other qualified person for the purposes of 

21 carrying out this section.’’. 
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1 Subtitle B—Coastal Barrier 

2 Resources System 

3 SEC. 511. PACIFIC COASTAL BARRIERS. 

4 Not later than 3 years after the date of the enact5 ment of this Act, the Secretary of the Interior shall—

6 (1) reexamine the matters relating to undevel7 oped coastal barriers that were required to be exam8 ined under section 6(1) of the Coastal Barrier Im9 provement Act of 1990 (Public Law 101–591; 104 

10 Stat. 2936; 16 U.S.C. 3503 note) including a re11 vised definition of the term ‘‘coastal barrier’’ to take 

12 into account the unique topography and geography 

13 of the Pacific coast and the land formations that 

14 function as coastal barriers; 

15 (2) prepare or update maps identifying the 

16 boundaries of those undeveloped coastal barriers in 

17 light of the results of the reexamination carried out 

18 under paragraph (1); and 

19 (3) submit such maps to Congress. 

20 Subtitle C—Community-Based Res21 toration Program for Fishery 

22 and Coastal Habitats 

23 SEC. 521. ESTABLISHMENT, PURPOSE, AND ACTIVITIES. 

24 (a) IN GENERAL.—The Administrator shall establish 

25 a Community-Based Restoration Program. 
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1 (b) PURPOSE.—The purpose of the Community2 Based Restoration Program is to implement and support 

3 the restoration of fishery and coastal habitats. 

4 (c) ACTIVITIES.—The Community-Based Restoration 

5 Program is authorized to carry out activities to fulfill the 

6 purpose of the Program, including—

7 (1) providing funds and technical expertise to 

8 assist communities in restoring fishery and coastal 

9 habitat; 

10 (2) advancing the science and monitoring of 

11 coastal habitat restoration; 

12 (3) transferring restoration technologies to the 

13 private sector, the public, and government agencies; 

14 (4) developing partnerships to accomplish sound 

15 coastal restoration projects; 

16 (5) promoting significant community support 

17 and volunteer participation; 

18 (6) promoting stewardship and an abiding con19 servation ethic; and 

20 (7) leveraging resources through national, re21 gional, and local partnerships. 

22 SEC. 522. AUTHORIZATION OF APPROPRIATIONS. 

23 There is authorized to be appropriated $50,000,000 

24 for each of the fiscal years 2006 through 2010 to carry 

25 out this subtitle. 
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1 Subtitle D—National Flood 

2 Insurance Program 

3 SEC. 531. PERIODIC UPDATING OF FLOODPLAIN AREAS 

4 AND FLOOD RISK ZONES. 

5 (a) REQUIRED UPDATING EVERY 5 YEARS.—Sub6 section (e) of section 1360 of the National Flood Insur7 ance Act of 1968 (42 U.S.C. 4101) is amended—

8 (1) by striking ‘‘(e) REVIEW OF FLOOD

9 MAPS.—Once’’ and inserting the following: 

10 ‘‘(e) PERIODIC UPDATE OF FLOOD MAPS.—Once’’; 

11 (2) by striking ‘‘assess the need to’’; and 

12 (3) by inserting before the period at the end the 

13 following: ‘‘and changes in floodplain contours and 

14 resulting risks caused by storm, flooding, erosion, 

15 rise in the general level of oceans, and any other dif16 ferent circumstances’’. 

17 (b) CONFORMING AMENDMENT.—Subsection (f) is 

18 amended by striking ‘‘(f)’’ and all that follows through 

19 ‘‘(2) upon’’ and inserting the following: 

20 ‘‘(f) REQUESTED UPDATES.—The Director of the 

21 Federal Emergency Management Agency (referred to in 

22 this title as ‘Director’) shall also revise and update any 

23 floodplain areas and flood risk zones upon’’. 
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1 SEC. 532. CRITERIA FOR LAND MANAGEMENT AND USE. 

2 Subsection (c) of section 1361 of the National Flood 

3 Insurance Act of 1968 (42 U.S.C. 4102) is amended to 

4 read as follow: 

5 ‘‘(c)(1) The Director shall develop criteria designed 

6 to help prevent development and substantial redevelop7 ment in, and the relocation of repetitive claims improve8 ments from, the following areas: 

9 ‘‘(A) Erosion zones in coastal areas. 

10 ‘‘(B) Coastal habitat areas, including—

11 ‘‘(i) wetlands; 

12 ‘‘(ii) estuarine shorelines; 

13 ‘‘(iii) any other coastal area that is des14 ignated under a Federal Government or State 

15 program as protected habitat. 

16 ‘‘(2) In developing criteria under this subsection, the 

17 Director shall consult with local government representa18 tives and administrators of State coastal zone manage19 ment programs. 

20 ‘‘(3) In this subsection: 

21 ‘‘(A) The term ‘substantial redevelopment’ 

22 means any reconstruction of a damaged improve23 ment to real property if the extent of the damage in24 volved exceeds 40 percent of the improvement. 

25 ‘‘(B) The term ‘repetitive claims improvement’ 

26 means any improvement to real property for which 
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1 more than 3 separate claims for losses are submitted 

2 for payment under this Act.’’. 

3 SEC. 533. LOSSES FROM EROSION AND UNDERMINING OF 

4 SHORELINES. 

5 (a) REENACTMENT OF FINDINGS AND PURPOSES.—

6 Section 1302 of the National Flood Insurance Act of 1968 

7 (42 U.S.C. 4001) is amended by adding at the end the 

8 following new subsection (g): 

9 ‘‘(g) The Congress also finds that (1) the damage and 

10 loss which may result from the erosion and undermining 

11 of shorelines by waves or currents in lakes and other bod12 ies of water exceeding anticipated cyclical levels is related 

13 in cause and similar in effect to that which results directly 

14 from storms, deluges, overflowing waters, and other forms 

15 of flooding, and (2) the problems involved in providing 

16 protection against this damage and loss, and the possibili17 ties for making such protection available through a Fed18 eral or federally-sponsored program, are similar to those 

19 which exist in connection with efforts to provide protection 

20 against damage and loss caused by such other forms of 

21 flooding. It is therefore the further purpose of this title 

22 to make available, by means of the methods, procedures, 

23 and instrumentalities which are otherwise established or 

24 available under this title for purposes of the flood insur25 ance program, protection against damage and loss result-
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1 ing from the erosion and undermining of shorelines by 

2 waves or currents in lakes and other bodies of water ex3 ceeding anticipated cyclical levels.’’. 

4 (b) DELINEATION OF EROSION ZONES ON MAPS.—

5 Subsection (g) of section 1360 of such Act (42 U.S.C. 

6 4101) is amended—

7 (1) by striking ‘‘(g) AVAILABILITY OF FLOOD

8 MAPS.—To promote’’ and inserting the following: 

9 ‘‘(g) AVAILABILITY OF FLOOD MAPS.—

10 ‘‘(1) REQUIREMENT FOR MAPS.—To promote’’; 

11 and 

12 (2) by adding at the end the following new 

13 paragraphs: 

14 ‘‘(2) DELINEATION OF EROSION ZONES.—

15 ‘‘(A) REQUIREMENT FOR DELINEATION.—

16 The maps and other information provided 

17 under paragraph (1) shall include a delineation 

18 of erosion zones as follows: 

19 ‘‘(i) 30-YEAR EROSION ZONES.—Zones 

20 in which land erodes over 30 years at an 

21 average annual rate of erosion sufficient to 

22 undermine physical improvements to the 

23 land over such 30-year period. 

24 ‘‘(ii) 60-YEAR EROSION ZONES.—

25 Zones in which land erodes over 60 years 
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1 at an average annual rate of erosion suffi2 cient to undermine physical improvements 

3 to the land over such 60-year period. 

4 ‘‘(B) CONSULTATION REQUIREMENT.—In 

5 delineating erosion zones for the purposes of 

6 this paragraph, the Director shall consult with 

7 administrators of State coastal zone manage8 ment programs and other appropriate officials 

9 of State governments, as well as with appro10 priate officials of the Federal Government. 

11 ‘‘(3) RELATIONSHIP TO UPDATING REQUIRE12 MENTS.—Subsections (e) and (f) apply to the maps 

13 made available under this section.’’. 

14 (c) INELIGIBILITY OF PROPERTIES IN EROSION

15 ZONES.—Section 1305 of such Act (42 U.S.C. 4012) is 

16 amended by adding at the end the following new sub17 section: 

18 ‘‘(d) PROPERTIES IN EROSION ZONES.—

19 ‘‘(1) INELIGIBILITY FOR INSURANCE COV20 ERAGE.—The following properties in areas delin21 eated under section 1360(g) as erosion zones may 

22 not be insurable under this Act: 

23 ‘‘(A) New residential construction, includ24 ing new development and substantial redevelop25 ment, in 30-year erosion zones as so delineated. 
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1 ‘‘(B) New commercial construction, includ2 ing new development and substantial redevelop3 ment, in 60-year erosion zones as so delineated. 

4 ‘‘(2) SUBSTANTIAL REDEVELOPMENT DE5 FINED.—In this subsection, the term ‘substantial re6 development’ means any reconstruction of a dam7 aged improvement to real property if the extent of 

8 the damage involved exceeds 40 percent of the im9 provement.’’. 

10 SEC. 534. SPECIAL UPDATES OF MAPS. 

11 Not later than 3 years after the date of the enact12 ment of this Act, the Director shall publish under the Na13 tional Flood Insurance Program updated floodplain maps 

14 and flood risk insurance rate maps that accurately reflect 

15 flood and erosion risks. 

16 TITLE VI—OCEAN EDUCATION 

17 SEC. 601. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN18 ISTRATION NATIONAL OFFICE OF EDU19 CATION. 

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

21 develop, support, promote, and coordinate national edu22 cation activities described in section 177 that enhance 

23 public awareness and understanding of the science, serv24 ice, and stewardship missions of NOAA. In planning ac25 tivities under this section, the Administrator shall consult 
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1 with the Subcommittee and build upon the educational 

2 programs and activities of the National Sea Grant College 

3 Program, the National Marine Sanctuaries Program, the 

4 National Estuarine Research Reserve System, and Coastal 

5 Zone Management programs. Authorized activities shall 

6 include education of the general public, teachers, students 

7 at all levels, and ocean and coastal managers and stake8 holders. In carrying out educational activities, the Admin9 istrator may enter into grants, contracts, cooperative 

10 agreements, resource sharing agreements, or interagency 

11 financing with Federal, State, and regional agencies, 

12 tribes, commercial organizations, educational institutions, 

13 nonprofit organizations, or other persons. 

14 (b) ESTABLISHMENT.—The Administrator shall es15 tablish a national Office of Education to provide inter16 agency and intraagency coordination of the education ac17 tivities of NOAA and to ensure full participation in the 

18 ocean and coastal education program established under 

19 section 177. The Office of Education shall promote and 

20 provide oversight of agency education activities and 

21 shall—

22 (1) integrate agency science into high-quality 

23 educational materials; 

24 (2) improve access to NOAA educational re25 sources; 
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1 (3) support educator professional development 

2 programs to improve understanding and use of agen3 cy sciences; 

4 (4) promote participation in agency-related 

5 sciences and careers, particularly by members of 

6 underrepresented groups; 

7 (5) leverage partnerships to enhance formal and 

8 informal environmental science education; 

9 (6) build capability within the agency for edu10 cational excellence; 

11 (7) create and implement effective approaches 

12 to disseminate agency products and ocean informa13 tion to the general public; and 

14 (8) encourage public involvement in coastal and 

15 ocean stewardship. 

16 (c) EDUCATIONAL PARTNERSHIP PROGRAM.—The 

17 Administrator shall establish an educational partnership 

18 with minority-serving institutions to provide support for 

19 cooperative science centers, an environmental entrepre20 neurship program, a graduate sciences program, and an 

21 undergraduate scholarship program. 
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1 SEC. 602. AMENDMENT TO THE NATIONAL SEA GRANT COL2 LEGE PROGRAM ACT. 

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

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

5 at the end the following new paragraph: 

6 ‘‘(3) MARINE AND AQUATIC SCIENCE EDU7 CATION.—In addition to the amounts authorized for 

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

9 are authorized to be appropriated for marine and 

10 aquatic science education for each of fiscal years 

11 2006 through 2010—

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

13 the educational activities of Sea Grant pro14 grams; 

15 ‘‘(B) $4,000,000 for competitive grants for 

16 projects and research that target national and 

17 regional marine and aquatic science literacy; 

18 ‘‘(C) $5,000,000 for competitive grants to 

19 support educational partnerships under the 

20 ocean and coastal education program estab21 lished under section 177 of the National Oceans 

22 Protection Act of 2005 or other appropriate 

23 mechanism; and 

24 ‘‘(D) $10,000,000 for graduate fellowships 

25 and competitive distinguished professorships in 

26 marine science.’’. 
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1 SEC. 603. NATIONAL OCEAN AWARENESS MEDIA CAMPAIGN. 

2 (a) IN GENERAL.—The Administrator shall conduct 

3 a national media campaign in accordance with this section 

4 for the purpose of increasing public awareness and inter5 est in the oceans, through mass media advertising. 

6 (b) COORDINATION WITH STATE, REGIONAL, AND

7 LOCAL EFFORTS.—To the extent practicable, the cam8 paign shall coordinate with existing State, regional, and 

9 local education efforts. 

10 (c) USE OF FUNDS.—

11 (1) IN GENERAL.—Amounts made available to 

12 carry out this section for the media campaign may 

13 only be used for the following: 

14 (A) The purchase of media time and space. 

15 (B) Creative and talent costs. 

16 (C) Advertising production costs. 

17 (D) Testing and evaluation of advertising. 

18 (E) Evaluation of the effectiveness of the 

19 media campaign. 

20 (F) The negotiated fees for the winning 

21 bidder on requests for proposals issued either 

22 by the Administrator or a designee for purposes 

23 otherwise authorized in this section. 

24 (G) Partnerships with community, civic, 

25 and professional groups and government organi26 zations related to the media campaign. 
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1 (H) Entertainment industry outreach, 

2 interactive outreach, media projects and activi3 ties, public information, news media outreach, 

4 and corporate sponsorship and participation. 

5 (I) Operational and management expenses. 

6 (2) SPECIFIC REQUIREMENTS.—

7 (A) CREATIVE SERVICES.—In using 

8 amounts for creative and talent costs under 

9 paragraph (1)(B), the Administrator shall use 

10 creative services donated at no cost to the Gov11 ernment wherever feasible and may only pro12 cure creative services for advertising—

13 (i) responding to high-priority or 

14 emergent campaign needs that cannot 

15 timely be obtained at no cost; or 

16 (ii) intended to reach a minority, eth17 nic, or other special audience that cannot 

18 reasonably be obtained at no cost. 

19 (B) TESTING AND EVALUATION OF ADVER20 TISING.—In using amounts for testing and eval21 uation of advertising under paragraph (1)(D), 

22 the Administrator shall test all advertisements 

23 prior to use in the media campaign to ensure 

24 that the advertisements are effective and meet 

25 industry-accepted standards. The Administrator 
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1 may waive this requirement for advertisements 

2 using no more than 10 percent of the purchase 

3 of advertising time purchased under this section 

4 in an fiscal year and no more than 10 percent 

5 of the advertising space purchased under this 

6 section in a fiscal year, if the advertisements re7 spond to emergent and time-sensitive campaign 

8 needs or the advertisements will not be widely 

9 utilized in the media campaign. 

10 (C) EVALUATION OF EFFECTIVENESS OF

11 MEDIA CAMPAIGN.—In using amounts for the 

12 evaluation of the effectiveness of the media 

13 campaign under paragraph (1)(E), the Admin14 istrator shall—

15 (i) designate an independent entity to 

16 evaluate annually the effectiveness of the 

17 national media campaign based on data 

18 from—

19 (I) public feedback; and 

20 (II) other relevant studies or 

21 publications, as determined by the Ad22 ministrator, including tracking and 

23 evaluation data collected according to 

24 marketing and advertising industry 

25 standards; and 
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1 (ii) ensure that the effectiveness of 

2 the media campaign is evaluated in a man3 ner that enables consideration of whether 

4 the media campaign has contributed to in5 creasing the ocean literacy of the public 

6 and such other measures of evaluation as 

7 the Director determines are appropriate. 

8 (3) PURCHASE OF ADVERTISING TIME AND

9 SPACE.—For each fiscal year, not less than 77 per10 cent of the amounts appropriated under this section 

11 shall be used for the purchase of advertising time 

12 and space for the media campaign. 

13 (d) ADVERTISING.—In carrying out this section, the 

14 Administrator shall devote sufficient funds to the adver15 tising portion of the national media campaign to meet the 

16 goals of the campaign. 

17 (e) PROHIBITIONS.—None of the amounts made 

18 available under subsection (c) may be obligated or ex19 pended for any of the following: 

20 (1) To supplant current oceans community21 based coalitions. 

22 (2) To supplant pro bono public service time 

23 donated by national and local broadcasting networks 

24 for other public service campaigns. 
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1 (3) For partisan political purposes, or express 

2 advocacy in support of or to defeat any clearly iden3 tified candidate, clearly identified ballot initiative, or 

4 clearly identified legislative or regulatory proposal. 

5 (4) To fund advertising that features any elect6 ed officials, persons seeking elected office, cabinet 

7 level officials, or other Federal officials employed 

8 pursuant to section 213 of schedule C of title 5, 

9 Code of Federal Regulations. 

10 (5) To fund advertising that does not contain a 

11 primary message intended to increase awareness and 

12 promote the protection, maintenance, and restora13 tion of marine ecosystem health. 

14 (6) To fund advertising containing a primary 

15 message intended to promote support for the media 

16 campaign or private sector contributions to the 

17 media campaign. 

18 (f) FINANCIAL AND PERFORMANCE ACCOUNT19 ABILITY.—The Administrator shall cause to be per20 formed—

21 (1) audits and reviews of costs of the media 

22 campaign pursuant to section 304C of the Federal 

23 Property and Administrative Services Act of 1949 

24 (41 U.S.C. 254d); and 
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1 (2) an audit of the cost of the media campaign 

2 described in section 306 of such Act (41 U.S.C. 

3 256). 

4 (g) STRATEGIC ADVISOR.—

5 (1) IN GENERAL.—The Administrator shall se6 lect a primary outside strategic advisor for the 

7 media campaign to be responsible for coordinating 

8 donations of creative and other services to the cam9 paign, except with respect to advertising created 

10 using funds permitted in subsection (c). 

11 (2) SELECTION.—The Administrator shall se12 lect the strategic advisor based solely on merit and 

13 the demonstrated success and experience of the can14 didates. The Administrator may consider the Na15 tional Marine Sanctuaries Foundation, the National 

16 Fish and Wildlife Foundation, or any other entity 

17 for the strategic advisor. 

18 (3) ROLE OF STRATEGIC ADVISOR.—The Ad19 ministrator shall inform the advisor of the strategic 

20 goals of the campaign and consider such advice of 

21 the selected advisor on media campaign strategy. 

22 (h) REPORT TO CONGRESS.—The Administrator 

23 shall submit on an annual basis a report to Congress that 

24 describes—
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1 (1) the strategy of the media campaign and 

2 whether specific objectives of the media campaign 

3 were accomplished; 

4 (2) steps taken to ensure that the media cam5 paign operates in an effective and efficient manner 

6 consistent with the overall strategy and focus of the 

7 media campaign; 

8 (3) plans to purchase advertising time and 

9 space; 

10 (4) policies and practices implemented to ensure 

11 that Federal funds are used responsibly to purchase 

12 advertising time and space and eliminate the poten13 tial for waste, fraud, and abuse; and 

14 (5) all contracts entered into with a corpora15 tion, partnership, or individual working on behalf of 

16 the media campaign. 

17 (i) LOCAL TARGET REQUIREMENT.—The Adminis18 trator shall, to the maximum extent feasible, use amounts 

19 made available under this section for media that focuses 

20 on, or includes specific information on, prevention or 

21 treatment resources for consumers within specific local 

22 areas. 

23 SEC. 604. AUTHORIZATION OF APPROPRIATIONS. 

24 (a) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN25 ISTRATION.—
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1 (1) OFFICE OF EDUCATION.—In addition to the 

2 amounts authorized under subsections (a) and (b) 

3 and under the National Sea Grant College Program 

4 Act, there are authorized to be appropriated to the 

5 Administrator $25,000,000 for each of the fiscal 

6 years 2006 through 2010 for educational activities 

7 under section 601(b). 

8 (2) EDUCATIONAL PARTNERSHIP PROGRAM.—

9 There are authorized to be appropriated to the Ad10 ministrator $15,000,000 for each of fiscal years 

11 2006 through 2010 for educational activities under 

12 section 601(b). 

13 (b) NATIONAL OCEAN AWARENESS MEDIA CAM14 PAIGN.—Of the amounts authorized annually to NOAA, 

15 there are authorized to be appropriated to carry out sec16 tion 603, $2,000,000 for each of fiscal years 2006 through 

17 2008. 

18 (c) AVAILABILITY.—Sums appropriated under this 

19 section shall remain available until expended. 
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1 TITLE VII—NONINDIGENOUS 

2 AQUATIC NUISANCE PREVEN3 TION 

4 Subtitle A—Ballast Water 

5 Management 

6 SEC. 701. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘Ballast Water 

8 Management Act of 2005’’. 

9 SEC. 702. FINDINGS. 

10 Congress finds the following: 

11 (1) The introduction of aquatic invasive species 

12 into the Nation’s waters is one of the most urgent 

13 issues facing the marine environment in the United 

14 States. 

15 (2) The direct and indirect costs of aquatic 

16 invasive species to the economy of the United States 

17 amount to billions of dollars per year. 

18 (3) Invasive species are thought to have been 

19 involved in 70 percent of the last century’s 

20 extinctions of native aquatic species. 

21 (4) Invasive aquatic species are a significant 

22 problem in all regions of the United States, includ23 ing Hawaii, Alaska, San Francisco Bay, the Great 

24 Lakes, the Southeast, and the Chesapeake Bay. 
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1 (5) Ballast water from ships is one of the larg2 est pathways for the introduction and spread of 

3 aquatic invasive species. 

4 (6) It has been estimated that some 10,000 

5 non-indigenous aquatic organisms travel around the 

6 globe each day in the ballast water of cargo ships. 

7 (7) Over 2,000,000,000 gallons of ballast water 

8 are discharged in United States waters each year. 

9 Ballast water may be the source of the largest vol10 ume of foreign organisms released on a daily basis 

11 into American ecosystems. 

12 (8) Ballast water has been found to transport 

13 not only invasive plants and animals but human dis14 eases as well, such as cholera. 

15 (9) Invasive species may also be introduced by 

16 other vessel conduits, including the hulls of ships. 

17 (10) Invasive aquatic species may originate in 

18 other countries, or from distinct regions in the 

19 United States. 

20 (11) An average of 72 percent of all fish species 

21 introduced in the Southeast have become estab22 lished, many of which are native to the United 

23 States but transplanted outside their native ranges. 
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1 (12) The introduction of non-indigenous species 

2 has been closely correlated with the disappearance of 

3 indigenous species in Hawaii and other islands. 

4 (13) Despite the efforts of more than 20 State, 

5 Federal, and private agencies, unwanted alien pests 

6 are entering Hawaii at an alarming rate, approxi7 mately 2,000,000 times more rapid than the natural 

8 rate. 

9 (14) Current Federal programs are insufficient 

10 to effectively address this growing problem. 

11 (15) Preventing aquatic invasive species from 

12 being introduced is the most cost-effective approach 

13 for addressing this issue, because once established, 

14 they are costly and sometimes impossible to control. 

15 SEC. 703. BALLAST WATER MANAGEMENT. 

16 (a) IN GENERAL.—Section 1101 of the Nonindige17 nous Aquatic Nuisance Prevention and Control Act of 

18 1990 (16 U.S.C. 4711) is amended to read as follows: 

19 ‘‘SEC. 1101. BALLAST WATER MANAGEMENT. 

20 ‘‘(a) VESSELS TO WHICH SECTION APPLIES.—

21 ‘‘(1) IN GENERAL.—This section applies to a 

22 vessel that is designed or constructed to carry bal23 last water; and 
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1 ‘‘(A) is a vessel of the United States (as 

2 defined in section 2101(46) of title 46, United 

3 States Code); or 

4 ‘‘(B) is a foreign vessel that—

5 ‘‘(i) is en route to a United States 

6 port; or 

7 ‘‘(ii) has departed from a United 

8 States port and is within the exclusive eco9 nomic zone. 

10 ‘‘(2) EXCEPTIONS.—Notwithstanding para11 graph (1), this section does not apply to—

12 ‘‘(A) permanent ballast water in a sealed 

13 tank on a vessel that is not subject to dis14 charge; 

15 ‘‘(B) a vessel of the Armed Forces; or 

16 ‘‘(C) a vessel, or category of vessels, ex17 empted by the Administrator of the National 

18 Oceanic and Atmospheric Administration under 

19 paragraph (4). 

20 ‘‘(3) STANDARDS FOR VESSELS OF THE ARMED

21 FORCES.—With respect to a vessel of the Armed 

22 Forces that is designed or constructed to carry bal23 last water, the Secretary of Defense, after consulta24 tion with the Administrator of the Environmental 

25 Protection Agency and the Administrator of the Na-
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1 tional Oceanic and Atmospheric Administration, 

2 shall promulgate ballast water and sediment man3 agement standards for such vessels that, so far as 

4 is reasonable and practicable, achieve environmental 

5 results that are comparable to those achieved by the 

6 requirements of this section in waters subject to the 

7 jurisdiction of the United States. In promulgating 

8 those standards, the Secretary of Defense may take 

9 into account the standards promulgated for such 

10 vessels under section 312 of the Clean Water Act 

11 (33 U.S.C. 1322) to the extent that compliance with 

12 those standards would meet the requirements of this 

13 Act. 

14 ‘‘(4) VESSEL EXEMPTIONS BY SECRETARY.—

15 The Administrator of the National Oceanic and At16 mospheric Administration (referred to in this section 

17 as the ‘Administrator’) may exempt a vessel, or cat18 egory of vessels, from the application of this section 

19 if the Administrator determines, after consultation 

20 with the Administrator of the Environmental Protec21 tion Agency, that ballast water discharge from the 

22 vessel or category of vessels will not have an adverse 

23 impact (as defined in section 1003(1) of this Act), 

24 based on factors including the origin and destination 
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1 of the voyages undertaken by such vessel or category 

2 of vessels. 

3 ‘‘(5) COAST GUARD ASSESSMENT AND RE4 PORT.—Within 180 days after the date of enactment 

5 of the Ballast Water Management Act of 2005, the 

6 Commandant of the Coast Guard shall transmit a 

7 report to the Senate Committee on Commerce, 

8 Science, and Transportation and the House of Rep9 resentatives Committee on Transportation and In10 frastructure containing—

11 ‘‘(A) an assessment of the magnitude of 

12 ballast water operations from vessels designed 

13 or constructed to carry ballast water that are 

14 not described in paragraph (1) that are 

15 transiting waters subject to the jurisdiction of 

16 the United States; and 

17 ‘‘(B) recommendations, including legisla18 tive recommendations if appropriate, of options 

19 for addressing such ballast water operations. 

20 ‘‘(b) UPTAKE AND DISCHARGE OF BALLAST WATER

21 AND SEDIMENT.—

22 ‘‘(1) PROHIBITION.—The operator of a vessel to 

23 which this section applies may not conduct the up24 take or discharge of ballast water and sediment ex25 cept as provided in this section. 
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1 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not 

2 apply to the uptake or discharge of ballast water 

3 and sediment in the following circumstances: 

4 ‘‘(A) The uptake or discharge is solely for 

5 the purpose of—

6 ‘‘(i) ensuring the safety of vessel in an 

7 emergency situation; or 

8 ‘‘(ii) saving a life at sea. 

9 ‘‘(B) The uptake or discharge is accidental 

10 and the result of damage to the vessel or its 

11 equipment and—

12 ‘‘(i) all reasonable precautions to pre13 vent or minimize ballast water and sedi14 ment discharge have been taken before and 

15 after the damage occurs, the discovery of 

16 the damage, and the discharge; and 

17 ‘‘(ii) the owner or officer in charge of 

18 the vessel did not willfully or recklessly 

19 cause the damage. 

20 ‘‘(C) The uptake or discharge is solely for 

21 the purpose of avoiding or minimizing the dis22 charge of pollution from the vessel. 

23 ‘‘(D) The uptake and subsequent discharge 

24 on the high seas of the same ballast water and 

25 sediment. 
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1 ‘‘(E) The uptake or discharge of ballast 

2 water and sediment occurs at the same location 

3 where the whole of the ballast water and sedi4 ment that is discharged was taken up and there 

5 is no mixing with unmanaged ballast water and 

6 sediment from another area. 

7 ‘‘(3) SPECIAL RULE FOR THE GREAT LAKES.—

8 Paragraph (2) does not apply to a vessel subject to 

9 the regulations under subsection (e)(2) until the ves10 sel is required to conduct ballast water treatment in 

11 accordance with subsection (f) of this section. 

12 ‘‘(c) VESSEL BALLAST WATER MANAGEMENT

13 PLAN.—

14 ‘‘(1) IN GENERAL.—A vessel to which this sec15 tion applies shall conduct all its ballast water man16 agement operations in accordance with a ballast 

17 water management plan that—

18 ‘‘(A) meets the requirements prescribed by 

19 the Administrator by regulation; and 

20 ‘‘(B) is approved by the Administrator. 

21 ‘‘(2) APPROVAL CRITERIA.—The Administrator 

22 may not approve a ballast water management plan 

23 unless the Administrator determines that the plan—
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1 ‘‘(A) describes in detail safety procedures 

2 for the vessel and crew associated with ballast 

3 water management; 

4 ‘‘(B) describes in detail the actions to be 

5 taken to implement the ballast water manage6 ment requirements established under this sec7 tion; 

8 ‘‘(C) describes in detail procedures for dis9 posal of sediment at sea and on shore; 

10 ‘‘(D) designates the officer on board the 

11 vessel in charge of ensuring that the plan is 

12 properly implemented; 

13 ‘‘(E) contains the reporting requirements 

14 for vessels established under this section; and 

15 ‘‘(F) meets all other requirements pre16 scribed by the Administrator. 

17 ‘‘(3) COPY OF PLAN ON BOARD VESSEL.—The 

18 owner or operator of a vessel to which this section 

19 applies shall maintain a copy of the vessel’s ballast 

20 water management plan on board at all times. 

21 ‘‘(d) VESSEL BALLAST WATER RECORD BOOK.—

22 ‘‘(1) IN GENERAL.—The owner or operator of a 

23 vessel to which this section applies shall maintain a 

24 ballast water record book on board the vessel in 

25 which—
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1 ‘‘(A) each operation involving ballast water 

2 is fully recorded without delay, in accordance 

3 with regulations promulgated by the Secretary; 

4 and 

5 ‘‘(B) each such operation is described in 

6 detail, including the location and circumstances 

7 of, and the reason for, the operation. 

8 ‘‘(2) AVAILABILITY.—The ballast water record 

9 book—

10 ‘‘(A) shall be kept readily available for ex11 amination by the Administrator at all reason12 able times; and 

13 ‘‘(B) notwithstanding paragraph (1), may 

14 be kept on the towing vessel in the case of an 

15 unmanned vessel under tow. 

16 ‘‘(3) RETENTION PERIOD.—The ballast water 

17 record book shall be retained—

18 ‘‘(A) on board the vessel for a period of 2 

19 years after the date on which the last entry in 

20 the book is made; and 

21 ‘‘(B) under the control of the vessel’s 

22 owner for an additional period of 3 years. 

23 ‘‘(4) REGULATIONS.—In the regulations pre24 scribed under this section, the Secretary shall re25 quire, at a minimum, that—
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1 ‘‘(A) each entry in the ballast water record 

2 book be signed and dated by the officer in 

3 charge of the ballast water operation recorded; 

4 and 

5 ‘‘(B) each completed page in the ballast 

6 water record book be signed and dated by the 

7 master of the vessel. 

8 ‘‘(5) ALTERNATIVE MEANS OF RECORD9 KEEPING.—The Administrator may provide by regu10 lation for alternative methods of recordkeeping, in11 cluding electronic recordkeeping, to comply with the 

12 requirements of this subsection. 

13 ‘‘(e) BALLAST WATER EXCHANGE REQUIRE14 MENTS.—

15 ‘‘(1) IN GENERAL.—Until a vessel conducts bal16 last water treatment in accordance with the require17 ments of subsection (f) of this section, the operator 

18 of a vessel to which this section applies may not con19 duct the uptake or discharge of ballast water unless 

20 the operator conducts ballast water exchange, in ac21 cordance with regulations prescribed by the Adminis22 trator, in a manner that results in an efficiency of 

23 at least 95 percent volumetric exchange of the bal24 last water for each ballast water tank. 
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1 ‘‘(2) SPECIAL RULE FOR VESSELS IN THE

2 GREAT LAKES.—

3 ‘‘(A) IN GENERAL.—Notwithstanding any 

4 other provision of this subsection, under regula5 tions prescribed by the Administrator to pre6 vent the introduction and spread of aquatic nui7 sance species into the Great Lakes through the 

8 ballast water of vessels, operators of vessels 

9 equipped with ballast water tanks that enter a 

10 United States port on the Great Lakes after op11 erating on the waters beyond the exclusive eco12 nomic zone shall—

13 ‘‘(i) carry out exchange of ballast 

14 water on the waters beyond the exclusive 

15 economic zone prior to entry into any port 

16 within the Great Lakes; or 

17 ‘‘(ii) carry out an exchange of ballast 

18 water in other waters where the exchange 

19 does not pose a threat of infestation or 

20 spread of aquatic nuisance species in the 

21 Great Lakes and other waters of the 

22 United States, as recommended by the 

23 Task Force under section 1102(a)(1). 

24 ‘‘(B) ADDITIONAL MATTERS COVERED BY

25 THE REGULATIONS.—The regulations shall—
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1 ‘‘(i) not affect or supersede any re2 quirements or prohibitions pertaining to 

3 the discharge of ballast water into waters 

4 of the United States under the Federal 

5 Water Pollution Control Act (33 U.S.C. 

6 1251 et seq.); 

7 ‘‘(ii) provide for sampling procedures 

8 to monitor compliance with the require9 ments of the regulations; 

10 ‘‘(iii) prohibit the operation of a vessel 

11 in the Great Lakes if the master of the 

12 vessel has not certified to the Secretary or 

13 the Secretary’s designee by not later than 

14 the departure of that vessel from the first 

15 lock in the St. Lawrence Seaway that the 

16 vessel has complied with the requirements 

17 of the regulations; 

18 ‘‘(iv) protect the safety of—

19 ‘‘(I) each vessel; and 

20 ‘‘(II) the crew and passengers of 

21 each vessel; 

22 ‘‘(v) take into consideration different 

23 operating conditions; and 

24 ‘‘(vi) be based on the best scientific 

25 information available. 
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1 ‘‘(C) HUDSON RIVER PORT.—The regula2 tions under this paragraph also apply to vessels 

3 that enter a United States port on the Hudson 

4 River north of the George Washington Bridge. 

5 ‘‘(D) EDUCATION AND TECHNICAL ASSIST6 ANCE PROGRAMS.—The Administrator may 

7 carry out education and technical assistance 

8 programs and other measures to promote com9 pliance with the regulations issued under this 

10 paragraph. 

11 ‘‘(3) EXCHANGE AREAS.—

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 subparagraphs (B), (C), and (D), the operator 

14 of a vessel to which this section applies shall 

15 conduct ballast water exchange in accordance 

16 with regulations prescribed by the Adminis17 trator—

18 ‘‘(i) at least 200 nautical miles from 

19 the nearest land; and 

20 ‘‘(ii) in water at least 200 meters in 

21 depth. 

22 ‘‘(B) MINIMUM DISTANCE AND DEPTH.—

23 ‘‘(i) IN GENERAL.—Except as pro24 vided in subparagraph (C), if the operator 

25 of a vessel is unable to conduct ballast 
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1 water exchange in accordance with sub2 paragraph (A), the ballast water exchange 

3 shall be conducted in water that is—

4 ‘‘(I) as far as possible from land; 

5 ‘‘(II) at least 50 nautical miles 

6 from land; and 

7 ‘‘(III) in water of at least 200 

8 meters in depth. 

9 ‘‘(ii) LIMITATION.—The operator of a 

10 vessel may not conduct ballast water ex11 change in accordance with clause (i) in any 

12 area with respect to which the Adminis13 trator has determined, after consultation 

14 with the Administrator of the Environ15 mental Protection Agency, that ballast 

16 water exchange in the area will have an 

17 adverse impact, notwithstanding the fact 

18 that the area meets the distance and depth 

19 criteria of clause (i). 

20 ‘‘(C) EXCHANGE IN DESIGNATED AREA.—

21 ‘‘(i) IN GENERAL.—If the operator of 

22 a vessel is unable to conduct ballast water 

23 exchange in accordance with subparagraph 

24 (B), the operator of the vessel may conduct 

25 ballast water exchange in an area that 
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1 does not meet the distance and depth cri2 teria of subparagraph (B) in such areas as 

3 may be designated by the Administrator, 

4 determined in consultation with the Sec5 retary and the Administrator of the Envi6 ronmental Protection Agency, for that pur7 pose. 

8 ‘‘(ii) CHARTING.—The Administrator, 

9 in consultation with the Secretary, shall 

10 designate such areas on nautical charts. 

11 ‘‘(iii) LIMITATION.—The Adminis12 trator may not designate an area under 

13 clause (i) if a ballast water exchange in 

14 that area could have an adverse impact, as 

15 determined by the Secretary in consulta16 tion with the Administrator of the Envi17 ronmental Protection Agency. 

18 ‘‘(D) SAFETY OR STABILITY EXCEPTION.—

19 ‘‘(i) IN GENERAL.—Subparagraphs 

20 (A), (B), and (C) do not apply to the dis21 charge or uptake of ballast water if the 

22 master of a vessel determines that compli23 ance with subparagraph (A), (B), or (C), 

24 whichever applies, would threaten the safe25 ty or stability of the vessel, its crew, or its 
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1 passengers because of adverse weather, 

2 ship design or stress, equipment failure, or 

3 any other relevant condition. 

4 ‘‘(ii) NOTIFICATION REQUIRED.—

5 Whenever the master of a vessel conducts 

6 a ballast water discharge or uptake under 

7 the exception described in clause (i), the 

8 master of the vessel shall notify the Ad9 ministrator as soon as practicable there10 after but no later than 24 hours after the 

11 ballast water discharge or uptake com12 menced. 

13 ‘‘(iii) LIMITATION ON VOLUME.—The 

14 volume of any ballast water taken up or 

15 discharged under the exception described 

16 in clause (i) may not exceed the volume 

17 necessary to ensure the safe operation of 

18 the vessel. 

19 ‘‘(iv) REVIEW OF CIRCUMSTANCES.—

20 If the master of a vessel conducts a ballast 

21 water discharge or uptake under the excep22 tion described in clause (i) on more than 2 

23 out of 6 sequential voyages, the Adminis24 trator shall review the circumstances to de25 termine whether those ballast water dis-
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1 charges or uptakes met the requirements 

2 of this subparagraph. The review under 

3 this clause shall be in addition to any other 

4 enforcement activity by the Administrator. 

5 ‘‘(E) INABILITY TO COMPLY WITH EX6 CHANGE AREA REQUIREMENTS.—

7 ‘‘(i) DEVIATION OR DELAY OF VOY8 AGE.—In determining the ability of the op9 erator of a vessel to conduct ballast water 

10 exchange in accordance with the require11 ments of subparagraph (A) or (B), a vessel 

12 is not required to deviate from its intended 

13 voyage or unduly delay its voyage to com14 ply with those requirements. 

15 ‘‘(ii) PARTIAL COMPLIANCE.—An op16 erator of a vessel that is unable to comply 

17 fully with the requirements of subpara18 graph (A) or (B), shall conduct ballast 

19 water exchange to the maximum extent 

20 feasible in compliance with those subpara21 graphs. 

22 ‘‘(F) SPECIAL RULE FOR THE GREAT

23 LAKES.—This paragraph does not apply to ves24 sels subject to the regulations under paragraph 

25 (2). 
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1 ‘‘(f) BALLAST WATER TREATMENT REQUIRE2 MENTS.—

3 ‘‘(1) IN GENERAL.—Subject to the implementa4 tion schedule in paragraph (3), before discharging 

5 ballast water in waters subject to the jurisdiction of 

6 the United States a vessel to which this section ap7 plies shall conduct ballast water treatment so that 

8 the ballast water discharged will contain—

9 ‘‘(A) less than 0.1 living organisms per 

10 cubic meter that are 50 or more micrometers in 

11 minimum dimension; 

12 ‘‘(B) less than 0.1 living organisms per 

13 milliliter that are less than 50 micrometers in 

14 minimum dimension and more than 10 microm15 eters in minimum dimension; 

16 ‘‘(C) concentrations of indicator microbes 

17 that are less than—

18 ‘‘(i) 1 colony-forming unit of 

19 Toxicogenic vibrio cholera (O1 and O139) 

20 per 100 milliliters, or less than 1 colony21 forming unit of that microbe per gram of 

22 wet weight of zoological samples; 

23 ‘‘(ii) 126 colony-forming units of 

24 escherichi coli per 100 milliliters; and 
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1 ‘‘(iii) 33 colony-forming units of intes2 tinal enterococci per 100 milliliters; and 

3 ‘‘(D) concentrations of such indicator mi4 crobes as may be specified in regulations pro5 mulgated by the Secretary that are less than 

6 the amount specified in those regulations. 

7 ‘‘(2) RECEPTION FACILITY EXCEPTION.—Para8 graph (1) does not apply to a vessel that discharges 

9 ballast water into a reception facility that meets 

10 standards prescribed by the Administrator, in con11 sultation with the Administrator of the Environ12 mental Protection Agency, for the reception of bal13 last water that provide for the reception of ballast 

14 water and its disposal or treatment in a way that 

15 does not impair or damage the environment, human 

16 health, property, or resources. The Administrator 

17 may not prescribe such standards that are less strin18 gent than any otherwise applicable Federal, State, or 

19 local law requirements. 

20 ‘‘(3) IMPLEMENTATION SCHEDULE.—Para21 graph (1) applies to vessels in accordance with the 

22 following schedule: 

23 ‘‘(A) FIRST PHASE.—Beginning January 

24 1, 2009, for vessels constructed on or after that 
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1 date with a ballast water capacity of less than 

2 5,000 cubic meters. 

3 ‘‘(B) SECOND PHASE.—Beginning January 

4 1, 2012, for vessels constructed on or after that 

5 date with a ballast water capacity of 5,000 

6 cubic meters or more. 

7 ‘‘(C) THIRD PHASE.—Beginning January 

8 1, 2014, for vessels constructed before January 

9 1, 2009, with a ballast water capacity of 1,500 

10 cubic meters or more but not more than 5,000 

11 cubic meters. 

12 ‘‘(D) FOURTH PHASE.—Beginning Janu13 ary 1, 2016, for vessels constructed—

14 ‘‘(i) before January 1, 2009, with a 

15 ballast water capacity of less than 1,500 

16 cubic meters or 5,000 cubic meters or 

17 more; or 

18 ‘‘(ii) on or after January 1, 2009, and 

19 before January 1, 2012, with a ballast 

20 water capacity of 5,000 cubic meters or 

21 more. 

22 ‘‘(4) REVIEW OF STANDARDS.—

23 ‘‘(A) IN GENERAL.—In December, 2012, 

24 and in every third year thereafter, the Adminis25 trator and the Administrator shall review the 
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1 treatment standards established in paragraph 

2 (1) to determine, in consultation with the Ad3 ministrator of the Environmental Protection 

4 Agency, if the standards should be revised to 

5 reduce the amount of organisms or microbes al6 lowed to be discharged using the best available 

7 technology economically available. The Sec8 retary shall revise such standards as necessary 

9 by regulation. 

10 ‘‘(B) APPLICATION OF ADJUSTED STAND11 ARDS.—In the regulations, the Administrator 

12 shall provide for the prospective application of 

13 the adjusted standards prescribed under this 

14 paragraph to vessels constructed after the date 

15 on which the adjusted standards apply and for 

16 an orderly phase-in of the adjusted standards to 

17 existing vessels. 

18 ‘‘(5) DELAY OF APPLICATION FOR VESSEL PAR19 TICIPATING IN PROMISING TECHNOLOGY EVALUA20 TIONS.—

21 ‘‘(A) IN GENERAL.—If a vessel participates 

22 in a program approved by the Administrator to 

23 test and evaluate promising ballast water treat24 ment technologies with the potential to result in 

25 treatment technologies achieving a standard 
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1 that is the same as or more stringent than the 

2 standard that applies under paragraph (1) be3 fore the first date on which paragraph (1) ap4 plies to that vessel, the Administrator may 

5 postpone the date on which paragraph (1) 

6 would otherwise apply to that vessel for not 

7 more than 5 years. 

8 ‘‘(B) VESSEL DIVERSITY.—The Adminis9 trator—

10 ‘‘(i) shall seek to ensure that a wide 

11 variety of vessel types and voyages are in12 cluded in the program; but 

13 ‘‘(ii) may not grant a delay under this 

14 paragraph to more than 1 percent of the 

15 vessels to which subparagraph (A), (B), 

16 (C), or (D) of paragraph (3) applies. 

17 ‘‘(C) TERMINATION OF POSTPONEMENT.—

18 The Administrator may terminate the 5-year 

19 postponement period if participation of the ves20 sel in the program is terminated without the 

21 consent of the Administrator. 

22 ‘‘(6) FEASIBILITY REVIEW.—

23 ‘‘(A) IN GENERAL.—Not less than 2 years 

24 before the date on which paragraph (1) applies 

25 to vessels under each subparagraph of para-
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1 graph (3), the Administrator shall complete a 

2 review to determine whether appropriate tech3 nologies are available to achieve the standards 

4 set forth in paragraph (1) for the vessels to 

5 which they apply under the schedule set forth 

6 in paragraph (3). 

7 ‘‘(B) DELAY IN SCHEDULED APPLICA8 TION.—If the Administrator determines, on the 

9 basis of the review conducted under subpara10 graph (A), that compliance with the standards 

11 set forth in paragraph (1) in accordance with 

12 the schedule set forth in any subparagraph of 

13 paragraph (3) is not feasible, the Administrator 

14 shall—

15 ‘‘(i) extend the date on which that 

16 subparagraph first applies to vessels for a 

17 period of not more than 36 months; and 

18 ‘‘(ii) recommend action to ensure that 

19 compliance with the extended date schedule 

20 for that subparagraph is achieved. 

21 ‘‘(7) TREATMENT SYSTEM APPROVAL RE22 QUIRED.—The operator of a vessel may not use a 

23 ballast water treatment system to comply with the 

24 requirements of this subsection unless the system is 

25 approved by the Administrator. The Administrator 
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1 shall promulgate regulations establishing a process 

2 for such approval. 

3 ‘‘(g) WARNINGS CONCERNING BALLAST WATER UP4 TAKE.—

5 ‘‘(1) IN GENERAL.—The Secretary shall notify 

6 mariners of any area in waters subject to the juris7 diction of the United States in which vessels should 

8 not uptake ballast water due to known conditions. 

9 ‘‘(2) CONTENTS.—The notice shall include—

10 ‘‘(A) the coordinates of the area; and 

11 ‘‘(B) if possible, the location of alternative 

12 areas for the uptake of ballast water. 

13 ‘‘(h) SEDIMENT MANAGEMENT.—

14 ‘‘(1) IN GENERAL.—The operator of a vessel to 

15 which this section applies may not remove or dispose 

16 of sediment from spaces designed to carry ballast 

17 water except in accordance with this subsection and 

18 the ballast water management plan required under 

19 subsection (c). 

20 ‘‘(2) DESIGN REQUIREMENTS.—

21 ‘‘(A) NEW VESSELS.—No person may re22 move and dispose of such sediment from a ves23 sel to which this section applies in waters sub24 ject to the jurisdiction of the United States that 

25 is constructed on or after January 1, 2009, un-
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1 less the vessel is designed and constructed in a 

2 manner that—

3 ‘‘(i) minimizes the uptake and entrap4 ment of sediment; 

5 ‘‘(ii) facilitates removal of sediment; 

6 and 

7 ‘‘(iii) provides for safe access for sedi8 ment removal and sampling. 

9 ‘‘(B) EXISTING VESSELS.—The operator of 

10 a vessel to which this section applies that was 

11 constructed before January 1, 2009, may not 

12 remove and dispose of such sediment in waters 

13 subject to the jurisdiction of the United States 

14 unless—

15 ‘‘(i) the vessel has been modified, to 

16 the extent practicable and in accordance 

17 with regulations promulgated by the Ad18 ministrator, to achieve the objectives de19 scribed in clauses (i), (ii), and (iii) of sub20 paragraph (A); or 

21 ‘‘(ii) the removal and disposal of the 

22 sediment is conducted in such a manner as 

23 to achieve those objectives to the greatest 

24 extent practicable and in accordance with 

25 those regulations. 
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1 ‘‘(C) REGULATIONS.—The Administrator 

2 shall promulgate regulations establishing design 

3 and construction standards to achieve the objec4 tives of subparagraph (A) and providing guid5 ance for modifications and practices under sub6 paragraph (B). The Administrator shall incor7 porate the standards and guidance in the regu8 lations governing the ballast water management 

9 plan. 

10 ‘‘(3) SEDIMENT RECEPTION FACILITIES.—

11 ‘‘(A) STANDARDS.—The Administrator of 

12 the Environmental Protection Agency in con13 sultation with the Administrator, shall promul14 gate regulations governing facilities for the re15 ception of vessel sediment from spaces designed 

16 to carry ballast water that provide for the dis17 posal of such sediment in a way that does not 

18 impair or damage the environment, human 

19 health, or property or resources of the disposal 

20 area. The Administrator may not prescribe 

21 standards under this subparagraph that are less 

22 stringent than any otherwise applicable Federal, 

23 State, or local law. 

24 ‘‘(B) DESIGNATION.—The Administrator 

25 shall designate facilities for the reception of ves-
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1 sel sediment that meet the requirements of the 

2 regulations promulgated under subparagraph 

3 (A) at ports and terminals where ballast tanks 

4 are cleaned or repaired. 

5 ‘‘(i) EXAMINATIONS AND CERTIFICATIONS.—

6 ‘‘(1) INITIAL EXAMINATION.—

7 ‘‘(A) IN GENERAL.—The Administrator 

8 shall examine vessels to which this section ap9 plies to determine whether—

10 ‘‘(i) there is a ballast water manage11 ment plan for the vessel; and 

12 ‘‘(ii) the equipment used for ballast 

13 water and sediment management in ac14 cordance with the requirements of this sec15 tion and the regulations promulgated here16 under is installed and functioning properly. 

17 ‘‘(B) NEW VESSELS.—For vessels con18 structed on or after January 1, 2009, the Ad19 ministrator shall conduct the examination re20 quired by subparagraph (A) before the vessel is 

21 placed in service. 

22 ‘‘(C) EXISTING VESSELS.—For vessels con23 structed before January 1, 2009, the Adminis24 trator shall—
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•S 1224 IS 

1 ‘‘(i) conduct the examination required 

2 by subparagraph (A) before the date on 

3 which subsection (f)(1) applies to the ves4 sel according to the schedule in subsection 

5 (f)(3); and 

6 ‘‘(ii) inspect the vessel’s ballast water 

7 record book required by subsection (d). 

8 ‘‘(2) SUBSEQUENT EXAMINATIONS.—The Ad9 ministrator shall examine vessels no less frequently 

10 than once each year to ensure vessel compliance with 

11 the requirements of this section. 

12 ‘‘(3) INSPECTION AUTHORITY.—In order to 

13 carry out the provisions of this section, the Adminis14 trator may take ballast water samples at any time 

15 on any vessel to which this section applies to ensure 

16 its compliance with this Act. 

17 ‘‘(4) REQUIRED CERTIFICATE.—

18 ‘‘(A) IN GENERAL.—If, on the basis of an 

19 initial examination under paragraph (1) the Ad20 ministrator finds that a vessel complies with the 

21 requirements of this section and the regulations 

22 promulgated hereunder, the Administrator shall 

23 issue a certificate under this paragraph as evi24 dence of such compliance. The certificate shall 

25 be valid for a period of not more than 5 years, 
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•S 1224 IS 

1 as specified by the Administrator. The certifi2 cate or a true copy shall be maintained on 

3 board the vessel. 

4 ‘‘(B) FOREIGN CERTIFICATES.—The Ad5 ministrator may treat a certificate issued by a 

6 foreign government as a certificate issued under 

7 subparagraph (A) if the Administrator deter8 mines that the standards used by the issuing 

9 government are equivalent to or more stringent 

10 than the standards used by the Administrator 

11 under subparagraph (A). 

12 ‘‘(5) NOTIFICATION OF VIOLATIONS.—If the 

13 Administrator finds, on the basis of an examination 

14 under paragraph (1) or (2), sampling under para15 graph (3), or any other information, that a vessel is 

16 being operated in violation of the requirements of 

17 this section and the regulations promulgated here18 under, the Administrator shall—

19 ‘‘(A) notify—

20 ‘‘(i) the master of the vessel; and 

21 ‘‘(ii) the captain of the port at the 

22 vessel’s next port of call; and 

23 ‘‘(B) take such other action as may be ap24 propriate. 

25 ‘‘(j) DETENTION OF VESSELS.—
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1 ‘‘(1) IN GENERAL.—The Administrator, by no2 tice to the owner, charterer, managing operator, 

3 agent, master, or other individual in charge of a ves4 sel, may detain that vessel if the Administrator has 

5 reasonable cause to believe that—

6 ‘‘(A) the vessel is a vessel to which this 

7 section applies; 

8 ‘‘(B) the vessel does not comply with the 

9 requirements of this section or of the regula10 tions issued hereunder or is being operated in 

11 violation of such requirements; and 

12 ‘‘(C) the vessel is about to leave a place in 

13 the United States. 

14 ‘‘(2) CLEARANCE.—

15 ‘‘(A) IN GENERAL.—A vessel detained 

16 under paragraph (1) may obtain clearance 

17 under section 4197 of the Revised Statutes (46 

18 U.S.C. App. 91) only if the violation for which 

19 it was detained has been corrected. 

20 ‘‘(B) WITHDRAWAL.—If the Administrator 

21 finds that a vessel detained under paragraph 

22 (1) has received a clearance under section 4197 

23 of the Revised Statutes (46 U.S.C. App. 91) be24 fore it was detained under paragraph (1), the 

25 Administrator shall request the Secretary of the 
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•S 1224 IS 

1 Treasury to withdraw the clearance. Upon re2 quest of the Administrator, the Secretary of the 

3 Treasury shall withhold or revoke the clearance. 

4 ‘‘(k) SANCTIONS.— 

5 ‘‘(1) CIVIL PENALTIES.—Any person who vio6 lates a regulation promulgated under this section 

7 shall be liable for a civil penalty in an amount not 

8 to exceed $25,000. Each day of a continuing viola9 tion constitutes a separate violation. A vessel oper10 ated in violation of the regulations is liable in rem 

11 for any civil penalty assessed under this subsection 

12 for that violation. 

13 ‘‘(2) CRIMINAL PENALTIES.—Any person who 

14 knowingly violates the regulations promulgated 

15 under this section is guilty of a class C felony. 

16 ‘‘(3) REVOCATION OF CLEARANCE.—Except as 

17 provided in subsection (j)(2), upon request of the 

18 Administrator, the Secretary of the Treasury shall 

19 withhold or revoke the clearance of a vessel required 

20 by section 4197 of the Revised Statutes (46 U.S.C. 

21 App. 91), if the owner or operator of that vessel is 

22 in violation of the regulations issued under this sec23 tion. 
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•S 1224 IS 

1 ‘‘(4) EXCEPTION TO SANCTIONS.—This sub2 section does not apply to a failure to exchange bal3 last water if— 

4 ‘‘(A) the master of a vessel, acting in good 

5 faith, decides that the exchange of ballast water 

6 will threaten the safety or stability of the vessel, 

7 its crew, or its passengers; and 

8 ‘‘(B) the recordkeeping and reporting re9 quirements of the Act are complied with. 

10 ‘‘(l) CONSULTATION WITH CANADA, MEXICO, AND

11 OTHER FOREIGN GOVERNMENTS.—In developing the 

12 guidelines issued and regulations promulgated under this 

13 section, the Administrator is encouraged to consult with 

14 the Government of Canada, the Government of Mexico, 

15 and any other government of a foreign country that the 

16 Administrator, in consultation with the Task Force, deter17 mines to be necessary to develop and implement an effec18 tive international program for preventing the uninten19 tional introduction and spread of nonindigenous species. 

20 ‘‘(m) INTERNATIONAL COOPERATION.—The Admin21 istrator, in cooperation with the International Maritime 

22 Organization of the United Nations and the Commission 

23 on Environmental Cooperation established pursuant to the 

24 North American Free Trade Agreement, is encouraged to 

25 enter into negotiations with the governments of foreign 
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•S 1224 IS 

1 countries to develop and implement an effective inter2 national program for preventing the unintentional intro3 duction and spread of nonindigenous species. The Admin4 istrator is particularly encouraged to seek bilateral or mul5 tilateral agreements with Canada, Mexico, and other na6 tions in the Wider Caribbean (as defined in the Conven7 tion for the Protection and Development of the Marine 

8 Environment of the Wider Caribbean (Cartagena Conven9 tion) under this section. 

10 ‘‘(n) NON-DISCRIMINATION.—The Administrator 

11 shall ensure that vessels registered outside of the United 

12 States do not receive more favorable treatment than ves13 sels registered in the United States when the Adminis14 trator performs studies, reviews compliance, determines 

15 effectiveness, establishes requirements, or performs any 

16 other responsibilities under this Act. 

17 ‘‘(o) SUPPORT FOR FEDERAL BALLAST WATER DEM18 ONSTRATION PROJECT.—In addition to amounts other19 wise available to the Maritime Administration, the Na20 tional Oceanographic and Atmospheric Administration, 

21 and the United States Fish and Wildlife Service for the 

22 Federal Ballast Water Demonstration Project, the Admin23 istrator shall provide support for the conduct and expan24 sion of the project, including grants for research and de25 velopment of innovative technologies for the management, 
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•S 1224 IS 

1 treatment, and disposal of ballast water and sediment, for 

2 ballast water exchange, and for other vessel vectors of 

3 invasive aquatic species such as hull fouling. There are 

4 authorized to be appropriated to the Administrator 

5 $25,000,000 for each fiscal year to carry out this sub6 section. 

7 ‘‘(p) CONSULTATION WITH TASK FORCE.—The Ad8 ministrator shall consult with the Task Force in carrying 

9 out this section. 

10 ‘‘(q) RULEMAKING.—The Administrator may issue 

11 such regulations as may be necessary to carry out this 

12 section and the terms defined in section 1003 that are 

13 used in this section.’’. 

14 (b) DEFINITIONS.—Section 1003 of the Nonindige15 nous Aquatic Nuisance Prevention and Control Act of 

16 1990 (16 U.S.C. 4702) is amended—

17 (1) by redesignating—

18 (A) paragraphs (1), (2), and (3) as para19 graphs (2), (3), and (4), respectively; 

20 (B) paragraphs (4), (5), (6), (7), and (8) 

21 as paragraphs (8), (9), (10), (11), and (12), re22 spectively; 

23 (C) paragraphs (9) and (10) as paragraphs 

24 (14) and (15) respectively; 
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•S 1224 IS 

1 (D) paragraphs (11) and (12) as para2 graphs (17) and (18), respectively; 

3 (E) paragraphs (13), (14), and (15) as 

4 paragraphs (20), (21), and (22), respectively; 

5 (F) paragraph (16) as paragraph (26); and 

6 (G) paragraph (17) as paragraph (23) and 

7 inserting it after paragraph (22), as redesig8 nated; 

9 (2) by inserting before paragraph (2), as redes10 ignated, the following: 

11 ‘‘(1) ‘adverse impact’ means the direct or indi12 rect result or consequence of an event or process 

13 that—

14 ‘‘(A) creates a hazard to the environment, 

15 human health, property, or a natural resource; 

16 ‘‘(B) impairs biological diversity; or 

17 ‘‘(C) interferes with the legitimate use of 

18 waters subject to the jurisdiction of the United 

19 States;’’; 

20 (3) by striking paragraph (4), as redesignated, 

21 and inserting the following: 

22 ‘‘(4) ‘ballast water’—

23 ‘‘(A) means water taken on board a vessel 

24 to control trim, list, draught, stability, or 
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•S 1224 IS 

1 stresses of the vessel, including matter sus2 pended in such water; but 

3 ‘‘(B) does not include potable or technical 

4 water that does not contain harmful aquatic or5 ganisms or pathogens that is taken on board a 

6 vessel and used for a purpose described in sub7 paragraph (A) if such potable or technical 

8 water is discharged in compliance with section 

9 312 of the Clean Water Act (33 U.S.C. 

10 1322);’’; 

11 (4) by inserting after paragraph (4) the fol12 lowing: 

13 ‘‘(5) ‘ballast water capacity’ means the total 

14 volumetric capacity of any tanks, spaces, or com15 partments on a vessel that is used for carrying, load16 ing, or discharging ballast water, including any 

17 multi-use tank, space, or compartment designed to 

18 allow carriage of ballast water; 

19 ‘‘(6) ‘ballast water management’ means me20 chanical, physical, chemical, and biological processes 

21 used, either singularly or in combination, to remove, 

22 render harmless, or avoid the uptake or discharge of 

23 harmful aquatic organisms and pathogens within 

24 ballast water and sediment; 
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•S 1224 IS 

1 ‘‘(7) ‘constructed’ means a state of construction 

2 of a vessel at which—

3 ‘‘(A) the keel is laid; 

4 ‘‘(B) construction identifiable with the spe5 cific vessel begins; 

6 ‘‘(C) assembly of the vessel has begun 

7 comprising at least 50 tons or 1 percent of the 

8 estimated mass of all structural material of the 

9 vessel, whichever is less; or 

10 ‘‘(D) the vessel undergoes a major conver11 sion;’’; 

12 (5) by inserting after paragraph (12), as redes13 ignated, the following: 

14 ‘‘(13) ‘harmful aquatic organisms and patho15 gens’ means aquatic organisms or pathogens that 

16 have been determined by the Administrator of the 

17 National Oceanographic and Atmospheric Adminis18 tration, after consultation with the Administrator of 

19 the Environmental Protection Agency, to cause an 

20 adverse impact if introduced into the waters subject 

21 to the jurisdiction of the United States;’’; 

22 (6) by inserting after paragraph (15), as redes23 ignated, the following: 

24 ‘‘(16) ‘major conversion’ means a conversion of 

25 a vessel, that—
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•S 1224 IS 

1 ‘‘(A) changes its ballast water carrying ca2 pacity by at least 15 percent; 

3 ‘‘(B) changes the vessel class; 

4 ‘‘(C) is projected to prolong the vessel’s life 

5 by at least 10 years (as determined by the Ad6 ministrator); or 

7 ‘‘(D) results in modifications to the vessel’s 

8 ballast water system, except—

9 ‘‘(i) component replacement-in-kind; 

10 or 

11 ‘‘(ii) conversion of a vessel to meet the 

12 requirements of section 1101(e);’’; 

13 (7) by inserting after paragraph (18), as redes14 ignated, the following: 

15 ‘‘(19) ‘sediment’ means matter that has settled 

16 out of ballast water within a vessel;’’; 

17 (8) by inserting after paragraph (23), as redes18 ignated, the following: 

19 ‘‘(24) ‘United States port’ means a port, river, 

20 harbor, or offshore terminal under the jurisdiction of 

21 the United States, including ports located in Puerto 

22 Rico, Guam, the Northern Marianas, and the United 

23 States Virgin Islands; 

24 ‘‘(25) ‘vessel of the Armed Forces’ means—
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•S 1224 IS 

1 ‘‘(A) any vessel owned or operated by the 

2 Department of Defense, other than a time or 

3 voyage chartered vessel; and 

4 ‘‘(B) any vessel owned or operated by the 

5 Department of Homeland Security that is des6 ignated by the Secretary of the department in 

7 which the Coast Guard is operating as a vessel 

8 equivalent to a vessel described in subparagraph 

9 (A);’’; and 

10 (9) by inserting after paragraph (26), as redes11 ignated, the following: 

12 ‘‘(27) ‘waters subject to the jurisdiction of the 

13 United States’ means navigable waters and the terri14 torial sea of the United States, the exclusive eco15 nomic zone, and the Great Lakes.’’. 

16 (c) GREAT LAKES REGULATIONS.—Until vessels de17 scribed in section 1101(e)(2) of the Nonindigenous Aquat18 ic Nuisance Prevention and Control Act of 1990 (16 

19 U.S.C. 4711(e)(2)), as amended by this Act, are required 

20 to conduct ballast water treatment in accordance with the 

21 requirements of section 1101(f) of that Act (16 U.S.C. 

22 1101(f)), as amended by this Act, the regulations promul23 gated by the Secretary of Transportation under section 

24 1101 of the Nonindigenous Aquatic Nuisance Prevention 

25 and Control Act of 1990 (16 U.S.C. 4711), as such regu-
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•S 1224 IS 

1 lations were in effect on the day before the date of enact2 ment of this Act, shall remain in full force and effect for, 

3 and shall continue to apply to, such vessels. 

4 SEC. 704. COAST GUARD REPORT ON OTHER VESSEL-RE5 LATED VECTORS OF INVASIVE SPECIES. 

6 (a) IN GENERAL.—Not later than 90 days after the 

7 date of enactment of this Act, the Commandant of the 

8 Coast Guard shall transmit a report to the Senate Com9 mittee on Commerce, Science, and Transportation and the 

10 House of Representatives Committee on Transportation 

11 and Infrastructure on vessel-related vectors of harmful 

12 aquatic organisms and pathogens other than ballast water 

13 and sediment, including vessel hulls and equipment, and 

14 from vessels equipped with ballast tanks that carry no bal15 last water on board. 

16 (b) BEST PRACTICES.—As soon as practicable, the 

17 Coast Guard shall develop best practices standards and 

18 procedures designed to reduce the introduction of invasive 

19 species into and within the United States from vessels and 

20 establish a timeframe for implementation of those stand21 ards and procedures by vessels, in addition to the manda22 tory requirements set forth in section 1101 of the Non23 indigenous Aquatic Nuisance Prevention and Control Act 

24 of 1990 (16 U.S.C. 4711) for ballast water. Such stand25 ards and procedures should include designation of geo-
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•S 1224 IS 

1 graphical locations for uptake and discharge of untreated 

2 ballast water, as well as standards and procedures for 

3 other vessel vectors of invasive aquatic species. The Com4 mandant shall transmit a report to the Committees de5 scribing the standards and procedures developed and the 

6 implementation timeframe, together with any rec7 ommendations, including legislative recommendations if 

8 appropriate, the Commandant deems appropriate. The 

9 Secretary of the department in which the Coast Guard is 

10 operating may promulgate regulations to incorporate and 

11 enforce standards and procedures developed under this 

12 subsection. 

13 Subtitle B—Early Detection; Rapid 

14 Response; Control and Outreach 

15 SEC. 711. EARLY DETECTION. 

16 Subtitle B of the Nonindigenous Aquatic Nuisance 

17 Prevention and Control Act of 1990 (16 U.S.C. 4711 et 

18 seq.) is amended by adding at the end the following: 

19 ‘‘SEC. 1105. EARLY DETECTION AND MONITORING. 

20 ‘‘(a) IN GENERAL.—Not later than 18 months after 

21 the date of enactment of the National Oceans Protection 

22 Act of 2005, in conjunction with the Council, the Task 

23 Force shall (based on the standard protocol for early de24 tection surveys developed under this title), promulgate a 

25 set of sampling protocols, a geographic plan, and budget 
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•S 1224 IS 

1 to support a national system of ecological surveys to rap2 idly detect recently-established aquatic invasive species in 

3 waters of the United States. 

4 ‘‘(b) CONTENTS.—The protocols, plan, and budget 

5 shall, at a minimum— 

6 ‘‘(1) address a diversity of aquatic ecosystems 

7 of the United States (including inland and coastal 

8 waters); 

9 ‘‘(2) encourage State, local, port, and tribal 

10 participation in monitoring; 

11 ‘‘(3) balance scientific rigor with practicability, 

12 timeliness, and breadth of sampling activity; 

13 ‘‘(4) considers the pathways and organisms 

14 identified under section 1210; and 

15 ‘‘(5) include clear lines of communication with 

16 appropriate Federal, State, and regional rapid re17 sponse authorities. 

18 ‘‘(c) IMPLEMENTATION.—Not later than 3 years after 

19 the date of enactment of the National Oceans Protection 

20 Act of 2005, the Director of the United States Geological 

21 Survey, the Administrator of the National Oceanic and At22 mospheric Administration, and the Administrator (in con23 sultation with the Invasive Species Council and in coordi24 nation with other agencies and organizations) shall imple25 ment a national system of ecological surveys that is— 
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•S 1224 IS 

1 ‘‘(1) carried out in cooperation with State, 

2 local, port, tribal authorities, and other non-Federal 

3 entities (such as colleges and universities); and 

4 ‘‘(2) based on the protocols, plan, and budget 

5 published under subsection (a) and any public com6 ment.’’. 

7 SEC. 712. RAPID RESPONSE. 

8 Subtitle C of title I of the Nonindigenous Aquatic 

9 Nuisance Prevention and Control Act of 1990 (16 U.S.C. 

10 4721 et seq.) is amended by adding at the end the fol11 lowing: 

12 ‘‘SEC. 1210. RAPID RESPONSE. 

13 ‘‘(a) EMERGENCY RAPID RESPONSE FUND.— 

14 ‘‘(1) ESTABLISHMENT.—There is established in 

15 the Treasury of the United States a revolving fund 

16 to assist States in implementing rapid response 

17 measures for aquatic invasive species, to be known 

18 as the ‘Emergency Rapid Response Fund’ (referred 

19 to in this subsection as the ‘Fund’), consisting of— 

20 ‘‘(A) such amounts as are appropriated to 

21 the Fund under section 1301(g)(2)(A); and 

22 ‘‘(B) any interest earned on investment of 

23 amounts in the Fund under paragraph (3). 

24 ‘‘(2) EXPENDITURES FROM FUND.— 
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•S 1224 IS 

1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (C), on request by the Secretary of the 

3 Interior, the Secretary of the Treasury shall 

4 transfer from the Fund to the Secretary of the 

5 Interior such amounts as the Secretary of the 

6 Interior determines are necessary to provide fi7 nancial assistance to a State or the Federal 

8 rapid response team under subparagraph (B) to 

9 assist in implementing rapid response measures 

10 for aquatic invasive species. 

11 ‘‘(B) STATE ASSISTANCE.— 

12 ‘‘(i) IN GENERAL.—A State may sub13 mit to the Secretary of the Interior an ap14 plication for emergency response assistance 

15 from the Fund. 

16 ‘‘(ii) APPROVAL.—If the Secretary of 

17 the Interior approves an application sub18 mitted under clause (i), the Secretary shall 

19 use amounts provided to the Secretary 

20 under subparagraph (A)— 

21 ‘‘(I) in a case in which a State 

22 has in effect a rapid response contin23 gency strategy that is approved under 

24 subsection (b), to provide emergency 

25 response assistance to the State; and 
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•S 1224 IS 

1 ‘‘(II) in a case in which the State 

2 does not have a rapid response contin3 gency strategy approved under sub4 section (b) in effect, to provide emer5 gency response assistance to the Fed6 eral rapid response team established 

7 under subsection (f). 

8 ‘‘(iii) ADDITIONAL FUNDS.—If addi9 tional amounts are needed for the conduct 

10 of emergency response activities in the 

11 State, the Secretary of the Interior may 

12 provide additional assistance to the State 

13 or Federal rapid response team under this 

14 paragraph. 

15 ‘‘(C) ADMINISTRATIVE EXPENSES.—An 

16 amount not to exceed 10 percent of the 

17 amounts in the Fund shall be available for each 

18 fiscal year to pay the administrative expenses 

19 necessary to carry out this Act. 

20 ‘‘(3) INVESTMENT OF AMOUNTS.— 

21 ‘‘(A) IN GENERAL.—The Secretary of the 

22 Treasury shall invest such portion of the Fund 

23 as is not, in the judgment of the Secretary of 

24 the Treasury, required to meet current with25 drawals. 
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•S 1224 IS 

1 ‘‘(B) INTEREST-BEARING OBLIGATIONS.—

2 Investments may be made only in interest-bear3 ing obligations of the United States. 

4 ‘‘(C) ACQUISITION OF OBLIGATIONS.—For 

5 the purpose of investments under subparagraph 

6 (A), obligations may be acquired— 

7 ‘‘(i) on original issue at the issue 

8 price; or 

9 ‘‘(ii) by purchase of outstanding obli10 gations at the market price. 

11 ‘‘(D) SALE OF OBLIGATIONS.—Any obliga12 tion acquired by the Fund may be sold by the 

13 Secretary of the Treasury at the market price. 

14 ‘‘(E) CREDITS TO FUND.—The interest on, 

15 and the proceeds from the sale or redemption 

16 of, any obligations held in the Fund shall be 

17 credited to and form a part of the Fund. 

18 ‘‘(4) TRANSFERS OF AMOUNTS.— 

19 ‘‘(A) IN GENERAL.—The amounts required 

20 to be transferred to the Fund under this section 

21 shall be transferred at least monthly from the 

22 general fund of the Treasury to the Fund on 

23 the basis of estimates made by the Secretary of 

24 the Treasury. 
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•S 1224 IS 

1 ‘‘(B) ADJUSTMENTS.—Proper adjustment 

2 shall be made in amounts subsequently trans3 ferred to the extent prior estimates were in ex4 cess of or less than the amounts required to be 

5 transferred. 

6 ‘‘(b) STATE RAPID RESPONSE CONTINGENCY STRAT7 EGIES.—The Task Force, in consultation with the 

8 Invasive Species Council, shall approve a rapid response 

9 contingency strategy of a State if the strategy— 

10 ‘‘(1) identifies all key governmental and non11 governmental partners to be involved in carrying out 

12 the strategy; 

13 ‘‘(2) clearly designates the authorities and re14 sponsibilities of each partner, including the authority 

15 of any State or government of an Indian tribe to dis16 tribute emergency funds; 

17 ‘‘(3) specifies criteria for rapid response meas18 ures, including a diagnostic system that— 

19 ‘‘(A) distinguishes cases in which rapid re20 sponse has a likelihood of success and cases in 

21 which rapid response has no likelihood of suc22 cess; 

23 ‘‘(B) distinguishes rapid response meas24 ures from ongoing management and control of 
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•S 1224 IS 

1 established populations of aquatic invasive spe2 cies; and 

3 ‘‘(C) distinguishes instances in which the 

4 rate and probability of organism dispersal is 

5 significantly altered by vessel movements; 

6 ‘‘(4) includes an early detection strategy that 

7 supports or complements the early detection and 

8 monitoring system developed under section 1108; 

9 ‘‘(5) provides for a monitoring capability to as10 sess— 

11 ‘‘(A) the extent of infestations; and 

12 ‘‘(B) the effectiveness of rapid response ef13 forts; 

14 ‘‘(6) to the maximum extent practicable, is inte15 grated into the State aquatic invasive species man16 agement plan approved under section 1204; 

17 ‘‘(7) to the maximum extent practicable, in18 cludes rapid response tools that meet environmental 

19 criteria developed under subsection (f)(4); 

20 ‘‘(8) includes a public education and outreach 

21 component directed at— 

22 ‘‘(A) potential pathways for spread of 

23 aquatic invasive species; and 
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•S 1224 IS 

1 ‘‘(B) persons involved in industries and 

2 recreational activities associated with those 

3 pathways; and 

4 ‘‘(9) to the extent that the strategy involves 

5 vessels, conforms with guidelines issued by the Sec6 retary under subsection (d)(2). 

7 ‘‘(c) REGIONAL RAPID RESPONSE CONTINGENCY

8 STRATEGIES.—The Task Force, with the concurrence of 

9 the Invasive Species Council and in consultation with the 

10 regional panels of the Task Force established under sec11 tion 1203, shall encourage the development of regional 

12 rapid response contingency strategies that— 

13 ‘‘(1) provide a consistent and coordinated ap14 proach to rapid response; and 

15 ‘‘(2) are approved by— 

16 ‘‘(A) the Secretary; and 

17 ‘‘(B) the Governors and Indian tribes hav18 ing jurisdiction over areas within a region. 

19 ‘‘(d) MODEL RAPID RESPONSE CONTINGENCY

20 STRATEGIES.—Not later than 18 months after the date 

21 of enactment of the National Oceans Protection Act of 

22 2005— 

23 ‘‘(1) the Task Force, with the concurrence of 

24 the Invasive Species Council and the regional panels 
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•S 1224 IS 

1 of the Task Force established under section 1203, 

2 shall develop— 

3 ‘‘(A) a model State rapid response contin4 gency strategy (including rapid assessment ca5 pability) for aquatic invasive species that meets, 

6 to the maximum extent practicable, the require7 ments of paragraphs (1) through (9) of sub8 section (b); and 

9 ‘‘(B) a model regional rapid response con10 tingency strategy (including rapid assessment 

11 capability) for aquatic invasive species; and 

12 ‘‘(2) the Secretary, in concurrence with the 

13 Task Force and the regional panels of the Task 

14 Force, shall issue guidelines that describe vessel-re15 lated requirements that may be used in a rapid re16 sponse contingency strategy approved under this sec17 tion. 

18 ‘‘(e) COST SHARING.— 

19 ‘‘(1) STATE RAPID RESPONSE CONTINGENCY

20 STRATEGIES.—The Federal share of the cost of ac21 tivities carried out under a State rapid response con22 tingency strategy approved under subsection (b) 

23 shall be not less than 50 percent. 

24 ‘‘(2) REGIONAL RAPID RESPONSE CONTINGENCY

25 STRATEGIES.—The Federal share of the cost of ac-
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•S 1224 IS 

1 tivities carried out under a regional rapid response 

2 contingency strategy approved under subsection (c) 

3 shall be not less than 75 percent. 

4 ‘‘(3) FORM OF NON-FEDERAL SHARE.—The 

5 non-Federal share required under paragraph (1) or 

6 (2) may be in the form of in-kind contributions. 

7 ‘‘(f) FEDERAL RAPID RESPONSE TEAMS.— 

8 ‘‘(1) ESTABLISHMENT OF TEAMS.—Not later 

9 than 1 year after the date of enactment of the Na10 tional Oceans Protection Act of 2005, the Invasive 

11 Species Council, in coordination with the Task Force 

12 and the heads of appropriate Federal agencies, shall 

13 establish a Federal rapid response team for each of 

14 the 10 Federal regions that comprise the Standard 

15 Federal Regional Boundary System. 

16 ‘‘(2) DUTIES OF TEAMS.—Each Federal rapid 

17 response team shall, at a minimum— 

18 ‘‘(A) implement rapid eradication or con19 trol responses for newly detected aquatic 

20 invasive species on Federal and tribal land; 

21 ‘‘(B) carry out, or assist in carrying out, 

22 rapid responses for newly detected aquatic 

23 invasive species on non-Federal land at the re24 quest of a State, Indian tribe, or group of 

25 States or Indian tribes; 
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•S 1224 IS 

1 ‘‘(C) provide training and expertise for 

2 State, tribal, or regional rapid responders; 

3 ‘‘(D) provide central sources of informa4 tion for rapid responders; 

5 ‘‘(E) maintain a list of researchers and 

6 rapid response volunteers; and 

7 ‘‘(F) in carrying out any rapid response 

8 activity with respect to an aquatic noxious weed 

9 listed under section 412(f) of the Plant Protec10 tion Act (7 U.S.C. 7712(f)), include representa11 tives of the Animal and Plant Health Inspection 

12 Service. 

13 ‘‘(3) CRITERIAFOR IDENTIFYING CASES OF

14 RAPID RESPONSE WARRANTING FEDERAL ASSIST15 ANCE.—Not later than 1 year after the date of en16 actment of the National Oceans Protection Act of 

17 2005, the Task Force, with the concurrence of the 

18 Invasive Species Council, shall develop criteria to 

19 identify cases warranting Federal assistance for 

20 rapid assessment and response under this sub21 section, including indicative criteria relating to, at a 

22 minimum— 

23 ‘‘(A) the extent to which infestations of 

24 aquatic invasive species may be managed suc25 cessfully by rapid response; 
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•S 1224 IS 

1 ‘‘(B) the extent to which rapid response ef2 forts may differ from ongoing management and 

3 control; and 

4 ‘‘(C) the extent to which infestations of 

5 nonindigenous aquatic invasive species are con6 sidered to be an acute or chronic threat to— 

7 ‘‘(i) biodiversity of native aquatic or8 ganisms; 

9 ‘‘(ii) habitats of native fish and wild10 life; or 

11 ‘‘(iii) human health. 

12 ‘‘(4) ENVIRONMENTAL CRITERIA.—Not later 

13 than 1 year after the date of enactment of the Na14 tional Oceans Protection Act of 2005, the Adminis15 trator, in consultation with the Invasive Species 

16 Council, the Secretary of Transportation, the Task 

17 Force (including regional panels of the Task Force 

18 established under section 1203), the Director, and 

19 the Director of the National Marine Fisheries Serv20 ice, shall develop environmental criteria to minimize 

21 nontarget environmental impacts of rapid responses 

22 carried out pursuant to this section.’’. 
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1 SEC. 713. DISPERSAL BARRIERS. 

2 Section 1202 of the Nonindigenous Aquatic Nuisance 

3 Prevention and Control Act of 1990 (16 U.S.C. 4722) is 

4 amended— 

5 (1) by redesignating subsections (j) and (k) as 

6 subsections (l) and (m), respectively; and 

7 (2) by inserting after subsection (i) the fol8 lowing: 

9 ‘‘(j) NATIONAL DISPERSAL BARRIER PROGRAM.— 

10 ‘‘(1) CHICAGO RIVER SHIP AND SANITARY

11 CANAL DISPERSAL BARRIER PROJECT.— 

12 ‘‘(A) EXISTING BARRIER.—The Assistant 

13 Secretary shall upgrade and make permanent, 

14 at full Federal expense, the existing Chicago 

15 sanitary and ship canal dispersal barrier in Chi16 cago, Illinois, constructed as a demonstration 

17 project under subsection (i)(3). 

18 ‘‘(B) NEW BARRIER.—Notwithstanding the 

19 project cooperation agreement with the State of 

20 Illinois dated November 21, 2003, the Secretary 

21 shall construct, at full Federal expense, the 

22 Chicago sanitary and ship canal dispersal bar23 rier authorized by section 1135 of the Water 

24 Resources Development Act of 1986 (33 U.S.C. 

25 2309a). 
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1 ‘‘(C) OPERATION AND MAINTENANCE.—

2 The Chicago sanitary and ship canal dispersal 

3 barriers described in subparagraphs (A) and 

4 (B) shall be operated and maintained as a sys5 tem by the Corps of Engineers, at full Federal 

6 expense, in such a manner as the Chief Engi7 neer determines optimizes the effectiveness of 

8 the barriers. 

9 ‘‘(D) CREDIT.— 

10 ‘‘(i) IN GENERAL.—The Assistant 

11 Secretary shall provide to each State a 

12 credit in an amount equal to the propor13 tion that— 

14 ‘‘(I) the amount of funds contrib15 uted by the State toward the author16 ized dispersal barriers described in 

17 subparagraphs (A) and (B); bears to 

18 ‘‘(II) the amount of funds con19 tributed by all States toward the au20 thorized dispersal barriers described 

21 in subparagraphs (A) and (B). 

22 ‘‘(ii) USE OF CREDIT.—A State may 

23 apply a credit received under clause (i) to 

24 any existing or future project of the Corps 

25 of Engineers in that State. 
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1 ‘‘(E) FEASIBILITY STUDY OF CHICAGO

2 RIVER SHIP AND SANITARY CANAL.— 

3 ‘‘(i) IN GENERAL.—Not later than 3 

4 years after the date of enactment of the 

5 National Oceans Protection Act of 2005, 

6 the Assistant Secretary, in consultation 

7 with appropriate Federal, State, local, and 

8 non-governmental entities, shall conduct a 

9 feasibility study of the full range of options 

10 available to prevent the spread of aquatic 

11 invasive species through the Chicago River 

12 Ship and Sanitary Canal dispersal barrier. 

13 ‘‘(ii) MATTERS TO BE STUDIED.—The 

14 study shall— 

15 ‘‘(I) provide recommendations 

16 concerning additional measures and 

17 long-term measures necessary to im18 prove the performance of the Chicago 

19 River Ship and Sanitary Canal dis20 persal barrier; and 

21 ‘‘(II) examine methods and meas22 ures necessary to achieve, to the max23 imum extent practicable— 
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1 ‘‘(aa) 100 percent efficacy of 

2 the barrier with respect to aquat3 ic invasive species of fish; and 

4 ‘‘(bb) maximum efficacy of 

5 the barrier with respect to other 

6 taxa of aquatic invasive species. 

7 ‘‘(F) REIMBURSEMENT.—The State of Illi8 nois shall be reimbursed for all State funds ex9 pended on the planning, design, construction, 

10 and operation and maintenance of the project 

11 identified, along with any subsequent modifica12 tions, in the report entitled ‘Aquatic Nuisance 

13 Species Dispersal Barrier II’, dated December 

14 2002, issued under section 1135 of the Water 

15 Resources Development Act of 1986 (33 U.S.C. 

16 2294 note; 100 Stat. 4251). 

17 ‘‘(2) MONITORING PROGRAM.— 

18 ‘‘(A) ESTABLISHMENT.—Not later than 1 

19 year after the date of enactment of the Na20 tional Oceans Protection Act of 2005, the Sec21 retary of the Interior shall establish an 

22 interbasin and intrabasin monitoring program. 

23 ‘‘(B) REQUIRED ELEMENTS.—The moni24 toring program shall— 
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1 ‘‘(i) track aquatic invasive species 

2 moving through— 

3 ‘‘(I) the Chicago River Ship and 

4 Sanitary Canal; 

5 ‘‘(II) the Lake Champlain Canal; 

6 ‘‘(III) other interbasin water7 ways; and 

8 ‘‘(IV) major river systems (such 

9 as the Mississippi River), as rec10 ommended by regional panels con11 vened under section 1203, in which 

12 interbasin transfers of aquatic 

13 invasive species have been shown to 

14 pose a significant threat to fish and 

15 wildlife resources; 

16 ‘‘(ii) assess the efficacy of dispersal 

17 barriers and other measures in preventing 

18 the spread of aquatic invasive species 

19 through the waterways; and 

20 ‘‘(iii) identify waterways suitable for 

21 dispersal barrier demonstration projects, in 

22 addition to the waterways at which dis23 persal barrier demonstration projects were 

24 carried out before the date of enactment of 
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•S 1224 IS 

1 the National Oceans Protection Act of 

2 2005. 

3 ‘‘(C) REPORTS.—The Secretary of the In4 terior shall issue biennial reports describing the 

5 findings of the monitoring program. 

6 ‘‘(3) PREVENTION AND MITIGATION PLANS FOR

7 CORPS PROJECTS.—In developing projects involving 

8 interbasin waterways or other hydrologic alterations 

9 that could create pathways for aquatic invasive spe10 cies, the Assistant Secretary shall develop adequate 

11 prevention and mitigation plans for controlling the 

12 dispersal of the aquatic invasive species. 

13 ‘‘(4) TECHNICAL ASSISTANCE.—The Adminis14 trator of the National Oceanic and Atmospheric Ad15 ministration, acting through the Great Lakes Envi16 ronmental Research Laboratory, shall provide tech17 nical assistance to appropriate entities to assist in 

18 the research conducted under this subsection. 

19 ‘‘(5) ADDITIONAL WATERWAYS.—The Assistant 

20 Secretary, with the concurrence of the Adminis21 trator, and other relevant Federal agencies, shall— 

22 ‘‘(A) identify additional waterways suitable 

23 for the construction of new dispersal barriers 

24 (based on the monitoring program established 

25 under paragraph (2)); 
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1 ‘‘(B) determine the feasibility of a dis2 persal barrier project at the Lake Champlain 

3 Canal and in the Upper Mississippi River and, 

4 if feasible, establish a plan for a dispersal bar5 rier at the Lake Champlain Canal and in the 

6 Upper Mississippi River; and 

7 ‘‘(C) construct, maintain, and operate such 

8 dispersal barriers as necessary. 

9 ‘‘(6) REPORTS.—Not later than 3 years after 

10 the date of enactment of the National Oceans Pro11 tection Act of 2005, the Assistant Secretary and the 

12 Director shall jointly submit to Congress a report 

13 that describes— 

14 ‘‘(A) the efficacy of the Chicago River Ship 

15 and Sanitary Canal dispersal barrier project; 

16 and 

17 ‘‘(B) a plan to provide for additional dis18 persal barrier demonstration projects and re19 lated research projects.’’. 

20 SEC. 714. ENVIRONMENTAL SOUNDNESS. 

21 Section 1202 of the Nonindigenous Aquatic Nuisance 

22 Prevention and Control Act of 1990 (16 U.S.C. 4722) (as 

23 amended by section 713) is amended by inserting after 

24 subsection (j) the following: 
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1 ‘‘(k) IMPROVEMENT OF TREATMENT METHODS FOR

2 AQUATIC INVASIVE SPECIES.— 

3 ‘‘(1) CRITERIA TO EVALUATE ENVIRONMENTAL

4 SOUNDNESS OF TREATMENT METHODS.— 

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

6 after the date of enactment of the National 

7 Oceans Protection Act of 2005, the Adminis8 trator, in consultation with the Secretary, the 

9 Invasive Species Council, and the Task Force 

10 (including any regional panels of the Task 

11 Force) shall promulgate criteria to evaluate the 

12 treatment methods described in subparagraph 

13 (B) for the purpose of ensuring that the treat14 ment methods pose no significant threat of ad15 verse effect on human health, public safety, or 

16 the environment (including air quality and the 

17 aquatic environment) that is acute, chronic, cu18 mulative, or collective. 

19 ‘‘(B) TREATMENT METHODS.—The treat20 ment methods referred to in subparagraph (A) 

21 are all mechanical, physical, chemical, biologi22 cal, and other treatment methods used in bodies 

23 of water of the United States (regardless of 

24 whether the bodies of water are navigable and 

25 regardless of the origin of the waters), to pre-
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1 vent, treat, or respond to the introduction of 

2 aquatic invasive species. 

3 ‘‘(C) CONSULTATION.—In carrying out 

4 subparagraph (A), the Administrator shall con5 sult with— 

6 ‘‘(i) the Secretary of Transportation; 

7 ‘‘(ii) the Task Force (including the re8 gional panels of the Task Force established 

9 under section 1203); 

10 ‘‘(iii) the Director; 

11 ‘‘(iv) the Assistant Secretary; 

12 ‘‘(v) the Director of the National Ma13 rine Fisheries Service; and 

14 ‘‘(vi) relevant State agencies. 

15 ‘‘(2) PUBLICATION OF INFORMATION ON ENVI16 RONMENTALLY SOUND TREATMENT METHODS.—The 

17 Administrator, in consultation with the Invasive Spe18 cies Council, shall publish (not later than 1 year 

19 after the date of enactment of the National Oceans 

20 Protection Act of 2005) and update annually— 

21 ‘‘(A) a list of environmentally sound treat22 ment methods that may apply to a potential 

23 aquatic invasive species response effort; 
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1 ‘‘(B) accompanying research that supports 

2 the environmental soundness of each approved 

3 treatment method; and 

4 ‘‘(C) explicit guidelines under which each 

5 treatment method can be used in an environ6 mentally sound manner. 

7 ‘‘(3) REPORTS.—The Invasive Species Council 

8 and Task Force shall include the information de9 scribed in paragraph (2) in the reports submitted 

10 under section 1201(f)(2)(B).’’. 

11 SEC. 715. INFORMATION, EDUCATION, AND OUTREACH. 

12 Section 1202(h) of the Nonindigenous Aquatic Nui13 sance Prevention and Control Act of 1990 (16 U.S.C. 

14 4722(h)) is amended— 

15 (1) by striking ‘‘(h) EDUCATION.—The Task 

16 Force’’ and inserting the following: 

17 ‘‘(h) INFORMATION, EDUCATION, AND OUTREACH.— 

18 ‘‘(1) IN GENERAL.—The Task Force’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(2) ACTIVITIES.— 

21 ‘‘(A) IN GENERAL.—The programs carried 

22 out under paragraph (1) shall include the ac23 tivities described in this paragraph. 

24 ‘‘(B) PUBLIC OUTREACH.— 
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1 ‘‘(i) PUBLIC WARNINGS.—Not later 

2 than 180 days after the date of enactment 

3 of the National Oceans Protection Act of 

4 2005, each Federal officer of an agency 

5 that provides Federal funds to States for 

6 building or maintaining public access 

7 points to United States water bodies shall 

8 amend the guidelines of the agency, in con9 sultation with relevant State agencies, to 

10 encourage the posting of regionally-specific 

11 public warnings or other suitable informa12 tional and educational materials at the ac13 cess points regarding— 

14 ‘‘(I) the danger of spread of 

15 aquatic invasive species through the 

16 transport of recreational watercraft; 

17 and 

18 ‘‘(II) methods for removing orga19 nisms prior to transporting a 

20 watercraft. 

21 ‘‘(ii) CLEANING OF WATERCRAFT AT

22 MARINAS.—Not later than 1 year after the 

23 date of enactment of the National Oceans 

24 Protection Act of 2005, the Under Sec25 retary and the Director (in cooperation 
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•S 1224 IS 

1 with the Task Force and in consultation 

2 with the States, relevant industry groups, 

3 and Indian tribes) shall develop an edu4 cation, outreach, and training program di5 rected toward marinas and marina opera6 tors regarding— 

7 ‘‘(I) checking watercraft for live 

8 organisms; 

9 ‘‘(II) removing live organisms 

10 from the watercraft before the 

11 watercraft are commercially or 

12 recreationally trailered; 

13 ‘‘(III) encouraging regular hull 

14 cleaning and maintenance, avoiding 

15 in-water hull cleaning; and 

16 ‘‘(IV) other activities, as identi17 fied by the Secretary. 

18 ‘‘(iii) PROPER DISPOSAL OF NON19 INDIGENOUS LIVE AQUATIC ORGANISMS IN

20 TRADE.—The Task Force shall— 

21 ‘‘(I) not later than 1 year after 

22 the date of enactment of the National 

23 Oceans Protection Act of 2005, de24 velop (in consultation with industry 

25 and other affected parties) guidelines 
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•S 1224 IS 

1 for proper disposal of live nonindige2 nous aquatic organisms in trade; and 

3 ‘‘(II) use the guidelines in appro4 priate public information and out5 reach efforts. 

6 ‘‘(C) 100TH MERIDIAN PROGRAM.— 

7 ‘‘(i) IN GENERAL.—Not later than 1 

8 year after the date of enactment of the 

9 National Oceans Protection Act of 2005, 

10 the Task Force shall expand the informa11 tion and education program directed at 

12 recreational boaters in States from which 

13 watercraft are transported westward across 

14 the 100th meridian. 

15 ‘‘(ii) ACTIVITIES.—In carrying out the 

16 program, the task force shall— 

17 ‘‘(I) survey owners of watercraft 

18 transported westward across the 

19 100th meridian to determine the 

20 States of origin of most such owners; 

21 ‘‘(II) provide information directly 

22 to watercraft owners concerning the 

23 importance of cleaning watercraft car24 rying live organisms before trans25 porting the watercraft; and 
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1 ‘‘(III) support education and in2 formation programs of the States of 

3 origin to ensure that the State pro4 grams address westward spread. 

5 ‘‘(D) INFORMATION AND EDUCATION PRO6 GRAM BY NATIONAL PARK SERVICE.—The Sec7 retary of the Interior, acting through the Direc8 tor of the National Park Service, shall develop 

9 a program to provide public outreach and other 

10 educational activities to prevent the spread of 

11 aquatic invasive species by recreational 

12 watercraft in parkland or through events spon13 sored by the National Park Service. 

14 ‘‘(3) OUTREACH TO INDUSTRY.—The Task 

15 Force, in conjunction with the Invasive Species 

16 Council, shall carry out activities to inform and pro17 mote voluntary cooperation and regulatory compli18 ance by members of the national and international 

19 maritime, horticultural, aquarium, aquaculture, pet 

20 trade, and other appropriate industries with screen21 ing, monitoring, and control of the transportation of 

22 aquatic invasive species. 

23 ‘‘(4) PUBLIC ACCESS TO MONITORING INFORMA24 TION.—The Task Force, the Invasive Species Coun-
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1 cil, and other relevant agencies, shall maintain infor2 mation on the Internet regarding— 

3 ‘‘(A) the best approaches for the public 

4 and private interests to use in assisting with 

5 national early detection and monitoring of 

6 aquatic invasive species in waters of the United 

7 States; 

8 ‘‘(B) contact locations for joining a na9 tional network of monitoring stations; 

10 ‘‘(C) approved State Management Plans 

11 under section 1204(a) and Rapid Response 

12 Contingency Strategies under subsections (b) 

13 and (c) of section 1211; and 

14 ‘‘(D) the list of potential invaders under 

15 section 1201(a)(4).’’. 

16 Subtitle C—Aquatic Invasive 

17 Species Research 

18 SEC. 721. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RE19 SEARCH. 

20 (a) IN GENERAL.—Subtitle B of the Nonindigenous 

21 Aquatic Nuisance Prevention and Control Act of 1990 (16 

22 U.S.C. 4711 et seq.) (as amended by section 711) is 

23 amended by adding at the end the following: 
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1 ‘‘SEC. 1106. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL 

2 RESEARCH. 

3 ‘‘(a) DEFINITION OF ADMINISTERING AGENCIES.— 

4 ‘‘(1) IN GENERAL.—In this section and section 

5 1107, the term ‘administering agencies’ means— 

6 ‘‘(A) the Smithsonian Environmental Re7 search Center; 

8 ‘‘(B) the United States Geological Survey; 

9 and 

10 ‘‘(C) the National Oceanic and Atmos11 pheric Administration (including the Great 

12 Lakes Environmental Research Laboratory). 

13 ‘‘(2) MEMORANDUM OF UNDERSTANDING.—The 

14 administering agencies shall enter into an agreement 

15 regarding implementation of this subtitle. 

16 ‘‘(3) CONSULTATION.—In carrying out this sec17 tion, the administering agencies shall consult with— 

18 ‘‘(A) the Task Force; 

19 ‘‘(B) the Environmental Protection Agen20 cy; 

21 ‘‘(C) the United States Fish and Wildlife 

22 Service; and 

23 ‘‘(D) other appropriate Federal and State 

24 agencies. 

25 ‘‘(4) COOPERATION.—In carrying out this sec26 tion, the administering agencies shall contract, as 
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1 appropriate, or otherwise cooperate with academic 

2 researchers. 

3 ‘‘(b) PROGRAM.—The administering agencies shall 

4 develop (not later than 18 months after the date of enact5 ment of the National Oceans Protection Act of 2005) and 

6 conduct a marine and freshwater research program (in7 cluding ecological and pathway surveys and experimen8 tation) to assess rates of, patterns of, and conditions sur9 rounding introductions of nonindigenous aquatic species 

10 in aquatic ecosystems. 

11 ‘‘(c) PURPOSE.—The purpose of the program is to 

12 support efforts to prevent the introduction of, and detect 

13 and eradicate, invasive species by— 

14 ‘‘(1) providing information for— 

15 ‘‘(A) early detection and rapid response ef16 forts; and 

17 ‘‘(B) relevant policy questions; and 

18 ‘‘(2) assessing the effectiveness of implemented 

19 policies (including any standard) to prevent the in20 troduction and spread of aquatic invasive species. 

21 ‘‘(d) PROTOCOL DEVELOPMENT.—The administering 

22 agencies shall— 

23 ‘‘(1) establish standardized protocols for con24 ducting surveys that are integrated and produce 

25 comparable data, and, as practicable, build on exist-
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1 ing protocols and data collection methods (including 

2 surveys required under subsection (b)), including— 

3 ‘‘(A) protocols to support early detection 

4 surveys of nonindigenous aquatic species con5 ducted by Federal, State, or local agencies in6 volved in the management of invasive species, 

7 including surveys carried out pursuant to sec8 tion 1105; 

9 ‘‘(B) protocols to support comprehensive 

10 ecological surveys conducted under this section 

11 for purposes of research and analysis of rates 

12 and patterns of invasions; and 

13 ‘‘(C) protocols to support pathway surveys; 

14 ‘‘(2) recommend a standardized approach for 

15 classifying species; 

16 ‘‘(3) when proposing protocols, consider rec17 ommendations made at the workshop conducted 

18 under subsection (h); 

19 ‘‘(4) subject the protocols to peer review; 

20 ‘‘(5) complete the protocols not later than 1 

21 year after the date of enactment of the National 

22 Oceans Protection Act of 2005; 

23 ‘‘(6) revise protocols as necessary; and 
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1 ‘‘(7) disseminate the protocols to the Task 

2 Force and other Federal, State, and local stake3 holders. 

4 ‘‘(e) ECOLOGICAL AND PATHWAY SURVEY REQUIRE5 MENTS.— 

6 ‘‘(1) IN GENERAL.—Each comprehensive eco7 logical survey conducted under this section shall, at 

8 a minimum— 

9 ‘‘(A) document baseline ecological informa10 tion of the aquatic ecosystem, including— 

11 ‘‘(i) to the maximum extent prac12 ticable, a comprehensive inventory of na13 tive species, nonindigenous species, and 

14 species of unknown origin, present in the 

15 ecosystem; and 

16 ‘‘(ii) the chemical and physical charac17 teristics of water and underlying substrate 

18 in the ecosystem; 

19 ‘‘(B) in the case of nonindigenous species, 

20 gather information to assist in identifying— 

21 ‘‘(i) the life history of the species; 

22 ‘‘(ii) the environmental requirements 

23 and tolerances of the species; 

24 ‘‘(iii) the native ecosystems of the spe25 cies; and 
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1 ‘‘(iv) the history of the species spread 

2 from the native ecosystems of the species; 

3 ‘‘(C) track the establishment of nonindige4 nous species, including information about the 

5 estimated population of nonindigenous orga6 nisms to allow an analysis of the probable date 

7 of introduction of the species; and 

8 ‘‘(D) identify the likely pathway of entry of 

9 nonindigenous species. 

10 ‘‘(2) MINIMUM REQUIREMENTS.—Each pathway 

11 survey conducted under this section shall, at a min12 imum— 

13 ‘‘(A) identify which nonindigenous aquatic 

14 species are being introduced, or have the poten15 tial to be introduced, through the pathways 

16 under consideration; 

17 ‘‘(B) determine the rate of organism intro18 duction through the pathways under consider19 ation; and 

20 ‘‘(C) determine the practices that contrib21 uted to or could contribute to the introduction 

22 of nonindigenous aquatic species through the 

23 pathways under consideration. 

24 ‘‘(f) NUMBER AND LOCATION OF SURVEY SITES.— 
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1 ‘‘(1) REQUIRED SITES.—The administering 

2 agencies shall designate the number and location of 

3 survey sites necessary to carry out marine and fresh4 water research required under this section. 

5 ‘‘(2) EMPHASIS.—In carrying out paragraph 

6 (1) and subsection (g), the administering agencies 

7 shall give particular consideration to— 

8 ‘‘(A) the geographic diversity of sites; and 

9 ‘‘(B) the diversity of human uses and bio10 logical characteristics of sites. 

11 ‘‘(g) COMPETITIVE GRANT PROGRAM.— 

12 ‘‘(1) IN GENERAL.—In order to assist in car13 rying out subsections (b) and (i), the administering 

14 agencies (acting through the National Oceanic and 

15 Atmospheric Administration) shall administer a pro16 gram to award grants to academic institutions, State 

17 agencies, and other appropriate groups. 

18 ‘‘(2) ADMINISTRATION.—The program required 

19 under this section shall be competitive, peer-re20 viewed, and merit-based. 

21 ‘‘(h) WORKSHOP.—Not later than 120 days after the 

22 date of enactment of the National Oceans Protection Act 

23 of 2005, to assist in the development of the protocols and 

24 design for the surveys under this section, the admin25 istering agencies shall— 
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1 ‘‘(1) convene a workshop among researchers 

2 from Federal and State agencies and academic insti3 tutions to obtain recommendations for the develop4 ment of the protocols and surveys; and 

5 ‘‘(2) make the results of the workshop widely 

6 available to the public. 

7 ‘‘(i) EXPERIMENTATION.—The administering agen8 cies shall conduct (at existing field stations and such other 

9 sites as may be appropriate) coordinated experiments on 

10 a range of taxonomic groups to identify— 

11 ‘‘(1) the relationship between the introduction 

12 and establishment of nonindigenous aquatic species; 

13 and 

14 ‘‘(2) the circumstances necessary for the species 

15 to survive and thrive. 

16 ‘‘(j) NATIONAL PATHWAYS AND ECOLOGICAL SUR17 VEYS DATABASE.— 

18 ‘‘(1) IN GENERAL.—The United States Geologi19 cal Survey shall develop, maintain, and update, in 

20 consultation and cooperation with the Smithsonian 

21 Environmental Research Center and the National 

22 Oceanic and Atmospheric Administration, a central 

23 national database of information concerning infor24 mation collected under subsection (b). 
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1 ‘‘(2) REQUIREMENT.—The United States Geo2 logical Survey shall— 

3 ‘‘(A) make the database widely available to 

4 the public; 

5 ‘‘(B) update the database not less often 

6 than once every 90 days; 

7 ‘‘(C) coordinate the database with existing 

8 databases collecting similar information; and 

9 ‘‘(D) to the maximum extent practicable, 

10 format the databases in a manner such that the 

11 data is useful for researchers and Federal and 

12 State employees managing relevant invasive 

13 species programs.’’. 

14 (b) VESSEL PATHWAY SURVEYS.—Section 

15 1102(b)(2)(B) of Nonindigenous Aquatic Nuisance Pre16 vention and Control Act of 1990 (16 U.S.C. 

17 4712(b)(2)(B)) is amended by striking clause (ii) and in18 serting the following: 

19 ‘‘(ii) examine other potential modes 

20 for the introduction of nonindigenous 

21 aquatic species by vessel, including hull 

22 fouling.’’. 

23 SEC. 722. ANALYSIS. 

24 (a) IN GENERAL.—Subtitle B of the Nonindigenous 

25 Aquatic Nuisance Prevention and Control Act of 1990 (16 
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1 U.S.C. 4711 et seq.) (as amended by section 721(a)) is 

2 amended by adding at the end the following: 

3 ‘‘SEC. 1107. ANALYSIS. 

4 ‘‘(a) INVASION ANALYSIS.— 

5 ‘‘(1) IN GENERAL.—Not later than 3 years 

6 after the date of enactment of the National Oceans 

7 Protection Act of 2005, and annually thereafter, the 

8 administering agencies shall analyze data collected 

9 under section 1106 and other relevant research, for 

10 the purpose of preventing the introduction of, detect11 ing, and eradicating invasive species by— 

12 ‘‘(A) providing information for early detec13 tion and rapid response efforts; 

14 ‘‘(B) providing information for relevant 

15 policy questions; and 

16 ‘‘(C) assessing the effectiveness of imple17 mented policies to prevent the introduction and 

18 spread of invasive species. 

19 ‘‘(2) CONTENTS.—The analysis required under 

20 paragraph (1) shall include, with respect to aquatic 

21 invasive species— 

22 ‘‘(A) an analysis of pathways to— 

23 ‘‘(i) identify, and characterize as

24 high-, medium-, or low-risk, regional and 

25 national pathways for the introduction of 
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1 nonindigenous aquatic species into aquatic 

2 ecosystems; 

3 ‘‘(ii) identify new and expanding path4 ways through which nonindigenous aquatic 

5 species may be introduced into aquatic eco6 systems; 

7 ‘‘(iii) identify handling practices that 

8 contribute to the introduction of species in 

9 pathways; and 

10 ‘‘(iv) assess the risk that species cur11 rently used in commerce pose for introduc12 tion into aquatic ecosystems; 

13 ‘‘(B) include patterns and rates of invasion 

14 and susceptibility to invasion of various types of 

15 bodies of water; 

16 ‘‘(C) consider the ways in which the risk of 

17 establishment of an aquatic invasive species 

18 through a pathway is related to the identity and 

19 number of organisms transported; 

20 ‘‘(D) consider rates of spread and numbers 

21 and types of pathways of spread of new popu22 lations of the aquatic invasive species and esti23 mate the potential for the spread and distribu24 tion of newly introduced invasive species based 
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1 on the environmental requirements and histor2 ical distribution of the species; 

3 ‘‘(E) document factors that influence the 

4 vulnerability of an ecosystem to invasion by a 

5 nonindigenous aquatic species; 

6 ‘‘(F) include a description of the potential 

7 for, and impacts of, pathway management pro8 grams on invasion rates; 

9 ‘‘(G) provide recommendations for im10 provements on the effectiveness of pathway 

11 management; 

12 ‘‘(H) to the extent practicable, determine 

13 the level of reduction in live organisms of var14 ious taxonomic groups required to reduce to an 

15 acceptable level the risk of establishment to re16 ceiving aquatic ecosystems; and 

17 ‘‘(I) evaluate the effectiveness of manage18 ment actions (including any standard) at reduc19 ing species introductions and establishment. 

20 ‘‘(3) REPORT.—The administering agencies 

21 shall submit to the Task Force a report on analyses 

22 conducted under this section. 

23 ‘‘(b) RESEARCH TO ASSESS THE POTENTIAL OF THE

24 ESTABLISHMENT OF INTRODUCED SPECIES.— 
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1 ‘‘(1) IN GENERAL.—Not later than 2 years 

2 after the date of enactment of the National Oceans 

3 Protection Act of 2005, the administering agencies 

4 shall develop, conduct peer review of, and submit to 

5 the Task Force a profile of the general characteris6 tics of invasive species, in order to predict, to the ex7 tent practicable, whether a species planned for im8 portation is likely to invade a particular aquatic eco9 system if introduced. 

10 ‘‘(2) RESEARCH.—In developing the profile, the 

11 administering agencies shall analyze the research 

12 conducted under section 1106 and other research as 

13 necessary to determine— 

14 ‘‘(A) characteristics of general species and 

15 ecosystems (taking into account the opportunity 

16 for introduction into any ecosystem); and 

17 ‘‘(B) circumstances that may lead to estab18 lishment of a nonindigenous aquatic organism. 

19 ‘‘SEC. 1108. DISSEMINATION. 

20 ‘‘(a) IN GENERAL.—The Invasive Species Council, in 

21 coordination with the Task Force, and the administering 

22 agencies shall disseminate the information collected under 

23 this Act to Federal, State, and local entities (including rel24 evant policymakers and private researchers with responsi25 bility over or interest in aquatic invasive species). 
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1 ‘‘(b) REPORTS.—The Invasive Species Council 

2 shall— 

3 ‘‘(1) not later than 3 years after the date of en4 actment of the National Oceans Protection Act of 

5 2005, submit to Congress a report that describes the 

6 actions and findings carried out under this Act; and 

7 ‘‘(2) at least once every 3 years thereafter or 

8 more often as necessary, update the report. 

9 ‘‘(c) RESPONSE STRATEGY.—To enable Federal, 

10 State, and local entities having responsibility for respond11 ing to the introduction of potentially harmful nonindige12 nous aquatic species to better and more rapidly respond 

13 to those introductions, the Invasive Species Council, in co14 ordination with the Task Force, the administering agen15 cies, and other appropriate Federal and State agencies, 

16 shall implement a national strategy for the sharing of in17 formation collected under this Act with those entities. 

18 ‘‘(d) PATHWAY PRACTICES.—The Invasive Species 

19 Council, in coordination with the Task Force, and the ad20 ministering agencies shall disseminate information to, and 

21 develop an ongoing educational program for, pathway 

22 users (including vendors and customers) to inform those 

23 users about means by which users can prevent the inten24 tional or unintentional introduction of nonindigenous 

25 aquatic species into aquatic ecosystems. 
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1 ‘‘SEC. 1109. TECHNOLOGY DEVELOPMENT DEMONSTRATION 

2 AND VERIFICATION. 

3 ‘‘(a) ENVIRONMENTALLY SOUND TECHNOLOGY DE4 VELOPMENT, DEMONSTRATION AND VERIFICATION.— 

5 ‘‘(1) IN GENERAL.—Not later than 1 year after 

6 the date of enactment of the National Oceans Pro7 tection Act of 2005, the Administrator, in consulta8 tion with the Army Corps of Engineers and the ad9 ministering agencies, shall develop and implement a 

10 grant program to fund research, development, dem11 onstration, and verification of environmentally sound 

12 cost-effective technologies and methods to control 

13 and eradicate aquatic invasive species. 

14 ‘‘(2) PURPOSES.—Proposals funded under this 

15 program shall— 

16 ‘‘(A) provide funds to support on-going ef17 forts of Federal, State, or local officials to con18 trol and eradicate aquatic invasive species in an 

19 environmentally sound manner; 

20 ‘‘(B) increase the number of environ21 mentally sound technologies or methods Fed22 eral, State, or local officials may use to control 

23 or eradicate aquatic invasive species; 

24 ‘‘(C) provide for the demonstration or dis25 semination of the technologies or methods to 

26 potential end-users; and 
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1 ‘‘(D) verify that any technology or practice 

2 meets any appropriate criteria developed for ef3 fectiveness and environmental soundness that 

4 are established by the Administrator. 

5 ‘‘(3) PREFERENCE.—In making grants under 

6 this subsection, the Administrator shall give pref7 erence to proposals that meet criteria developed for 

8 environmental soundness that are established by the 

9 Administrator. 

10 ‘‘(4) MERIT REVIEW.—Grants awarded through 

11 this subsection shall be awarded through a competi12 tive, peer-reviewed process and shall be merit-based. 

13 ‘‘(5) REPORT.—Not later than 3 years after the 

14 date of enactment of the National Oceans Protection 

15 Act of 2005, the Administrator shall submit to Con16 gress a report on the program conducted under this 

17 subsection, including findings and recommendations 

18 of the Secretary with respect to technologies and 

19 methods described in paragraph (1). 

20 ‘‘(b) DISPERSAL BARRIER RESEARCH PROGRAM.—

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

22 National Oceans Protection Act of 2005, the Assistant 

23 Secretary, in conjunction with the Director and other ap24 propriate Federal agencies and academic researchers, shall 
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1 establish a research, development, and demonstration pro2 gram— 

3 ‘‘(1) to study environmentally sound methods 

4 and technologies to reduce dispersal of aquatic 

5 invasive species through interbasin waterways; and 

6 ‘‘(2) to assess the potential for using those 

7 methods and technologies in other waterways.’’. 

8 (b) EXPANSION OF VESSEL PATHWAY TECHNOLOGY

9 DEMONSTRATION PROGRAM.—Section 1104(b) of the 

10 Nonindigenous Aquatic Nuisance Prevention and Control 

11 Act of 1990 (16 U.S.C. 4712(b)) is amended— 

12 (1) by redesignating paragraphs (4) and (5) as 

13 paragraphs (7) and (8), respectively; and 

14 (2) by inserting after paragraph (3) the fol15 lowing: 

16 ‘‘(4) ADDITIONAL PURPOSES.—The Secretary 

17 of the Interior and the Secretary of Commerce may 

18 demonstrate and verify technologies under this sub19 section to monitor and control pathways of organism 

20 transport on vessels other than through ballast 

21 water. 

22 ‘‘(5) PRIORITY.—In making grants under this 

23 subsection, the Secretary of the Interior and the 

24 Secretary of Commerce shall give priority to tech25 nologies that meet criteria established in any testing 
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1 protocol developed under the Environmental Tech2 nology Verification program of the Administrator. 

3 ‘‘(6) WORKSHOP.—The Secretary of the Inte4 rior and the Secretary of Commerce shall— 

5 ‘‘(A) hold an annual workshop to encour6 age the exchange of information between and 

7 among— 

8 ‘‘(i) principal investigators for which 

9 funds are made available under this sub10 section; and 

11 ‘‘(ii) researchers conducting research 

12 directly relating to vessel pathway tech13 nology development; and 

14 ‘‘(B) make the results of the proceedings 

15 widely available to the public.’’. 

16 SEC. 723. VESSEL PATHWAY STANDARDS RESEARCH. 

17 Subtitle B of the Nonindigenous Aquatic Nuisance 

18 Prevention and Control Act of 1990 (16 U.S.C. 4711 et 

19 seq.) (as amended by section 722(a)) is amended by add20 ing at the end the following: 

21 ‘‘SEC. 1110. VESSEL PATHWAY STANDARDS RESEARCH. 

22 ‘‘(a) RESEARCH PROGRAM.— 

23 ‘‘(1) IN GENERAL.—The Secretary and the Ad24 ministrator (in coordination with the National Oce25 anic and Atmospheric Administration, the Task 
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1 Force, and other appropriate Federal agencies and 

2 academic researchers) shall develop and conduct a 

3 coordinated research program to support the estab4 lishment and implementation of standards to prevent 

5 the introduction and spread of aquatic invasive spe6 cies by vessels. 

7 ‘‘(2) COMPONENTS.—The research program 

8 shall include programs to— 

9 ‘‘(A) characterize physical, chemical, and 

10 biological harbor conditions relevant to ballast 

11 discharge into waters of the United States to 

12 provide information for the design and imple13 mentation of vessel vector control technologies 

14 and practices; 

15 ‘‘(B) develop testing protocols for deter16 mining the effectiveness of vector monitoring 

17 and control technologies and practices; 

18 ‘‘(C) research and demonstrate methods 

19 for mitigating the spread of aquatic invasive 

20 species by coastal voyages, including the explo21 ration of the effectiveness of alternative ex22 change zones in the near coastal areas and 

23 other methods proposed to reduce the transfers 

24 of organisms; 
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1 ‘‘(D) verify the practical effectiveness of 

2 any type approval process to ensure that the 

3 process produces repeatable and accurate as4 sessments of treatment effectiveness; and 

5 ‘‘(E) evaluate the effectiveness and resid6 ual risk and environmental impacts associated 

7 with any standard established with respect to a 

8 ship pathway through experimental research. 

9 ‘‘(b) PERFORMANCE TEST.—Not later than 1 year 

10 after the date of enactment of the National Oceans Protec11 tion Act of 2005, the Secretary, in conjunction with the 

12 National Institute of Standards and Technology and the 

13 Maritime Administration, shall design a performance test 

14 for ballast water exchange (such as a dye study) to meas15 ure the effectiveness of ballast water exchange. 

16 ‘‘(c) NATIONAL ACADEMY OF SCIENCES STUDY.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall enter 

18 into an agreement with the National Academy of 

19 Sciences under which the Academy shall— 

20 ‘‘(A) identify the relative risk of transfer of 

21 various taxonomic groups of invasive species by 

22 different vessel modes; 

23 ‘‘(B)(i) assess the extent to which a ballast 

24 water standard that virtually eliminates the risk 

25 of introduction of invasive species by ballast 
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1 water may relate to the risk of introductions by 

2 all vessel modes; and 

3 ‘‘(ii) explain the degree of uncertainty in 

4 such an assessment; and 

5 ‘‘(C)(i) recommend methods for reducing 

6 the transfers of invasive species by vessels by 

7 addressing all parts and systems of vessels and 

8 all related modes of transport of invasive orga9 nisms; and 

10 ‘‘(ii) identify the research, development, 

11 and demonstration needed to improve the infor12 mation base to support those methods, includ13 ing economic information. 

14 ‘‘(2) REPORT.—Not later than 2 years after the 

15 date of enactment of the National Oceans Protection 

16 Act of 2005, the Secretary shall submit to Congress 

17 a report that describes the results of the study 

18 under paragraph (1). 

19 ‘‘(3) IMPLEMENTATION OF RECOMMENDA20 TIONS.—Not later than the later of the date that is 

21 1 year after the date of submission of the report 

22 under paragraph (2) or the date that is 3 years after 

23 the date of enactment of the National Oceans Pro24 tection Act of 2005, the Task Force, in conjunction 

25 with the Administrator, administering agencies, and 
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1 other appropriate Federal agencies, shall submit to 

2 the Secretary a report that describes recommenda3 tions for— 

4 ‘‘(A) a vessel pathway treatment standard 

5 that incorporates all potential modes of transfer 

6 by vessel; and 

7 ‘‘(B) methods for type approval and accu8 rate monitoring of treatment performance that 

9 are simple and streamlined and follow estab10 lished protocols. 

11 ‘‘(d) WORKING GROUP.— 

12 ‘‘(1) IN GENERAL.—Not later than 2 years 

13 after the date of issuance by the Secretary of any 

14 standard relating to the introduction by vessels of 

15 invasive species, the Secretary shall convene a work16 ing group (including the Administrator, the admin17 istering agencies, and other appropriate Federal and 

18 State agencies and academic researchers) to evaluate 

19 the effectiveness of that standard and accompanying 

20 implementation protocols. 

21 ‘‘(2) DUTIES.—The duties of the working group 

22 shall include, at a minimum— 

23 ‘‘(A) reviewing the effectiveness of the 

24 standard in reducing the establishment of 

25 invasive species in aquatic ecosystems, taking 
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1 into consideration the data collected under sec2 tion 1106; and 

3 ‘‘(B) submitting recommendations to the 

4 Secretary (who shall make the recommenda5 tions widely available to the public) for the revi6 sion of the standard and type approval process 

7 in order to ensure— 

8 ‘‘(i) effectiveness in reducing introduc9 tions of invasive species; and 

10 ‘‘(ii) the effectiveness of accurate 

11 shipboard monitoring of treatment per12 formance in a simple and streamlined man13 ner.’’. 

14 SEC. 724. GRADUATE EDUCATION IN SYSTEMATICS AND 

15 TAXONOMY. 

16 Subtitle B of the Nonindigenous Aquatic Nuisance 

17 Prevention and Control Act of 1990 (16 U.S.C. 4711 et 

18 seq.) (as amended by section 723) is amended by adding 

19 at the end the following: 

20 ‘‘SEC. 1111. RESEARCH IN SYSTEMATICS AND TAXONOMY. 

21 ‘‘(a) IN GENERAL.—The National Science Founda22 tion shall establish a program to award grants to research23 ers at institutions of higher education and museums to 

24 carry out research in systematics and taxonomy. 
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1 ‘‘(b) PURPOSES.—The purposes of the program 

2 are— 

3 ‘‘(1) to encourage scientists to pursue careers 

4 in systematics and taxonomy to ensure a continuing 

5 knowledge base in those disciplines; 

6 ‘‘(2) to ensure that there will be adequate ex7 pertise in systematics and taxonomy to meet Fed8 eral, State, and local needs to identify invasive spe9 cies; 

10 ‘‘(3) to develop that expertise throughout the 

11 United States with an emphasis on regional diver12 sity; and 

13 ‘‘(4) to draw on existing expertise in system14 atics and taxonomy at institutions of higher edu15 cation and museums to train the next generation of 

16 systematists and taxonomists. 

17 ‘‘(c) ADMINISTRATION.— 

18 ‘‘(1) MERIT REVIEW.—Grants awarded through 

19 this section shall be awarded through a competitive, 

20 peer-reviewed process and shall be merit-based. 

21 ‘‘(2) PREFERENCES.—In making grants under 

22 this section, the National Science Foundation shall 

23 provide a preference for— 

24 ‘‘(A) projects in a diverse set of ecosystems 

25 and geographic locations; 
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1 ‘‘(B) if applicable, projects that are inte2 grated with the Long Term Ecological Research 

3 Network created by the National Science Foun4 dation; 

5 ‘‘(C) projects that include student partici6 pation; and 

7 ‘‘(D) projects carried out by institutions of 

8 higher education and museums that actively 

9 train students to become experts in systematics 

10 and taxonomy.’’. 

11 Subtitle D—Coordination 

12 SEC. 731. PROGRAM COORDINATION. 

13 (a) MEMBERSHIP OF TASK FORCE.—Section 1201(b) 

14 of the Nonindigenous Aquatic Nuisance Prevention and 

15 Control Act of 1990 (16 U.S.C. 4721) is amended— 

16 (1) in paragraph (6), by striking ‘‘and’’ at the 

17 end; 

18 (2) by redesignating paragraph (7) as para19 graph (12); and 

20 (3) by inserting after paragraph (6) the fol21 lowing: 

22 ‘‘(7) the Director of the United States Geologi23 cal Survey; 

24 ‘‘(8) the Director of the Smithsonian Environ25 mental Research Center; 
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1 ‘‘(9) the Secretary of State; 

2 ‘‘(10) the Secretary of Transportation; 

3 ‘‘(11) the Secretary of Homeland Security; 

4 and’’. 

5 (b) COORDINATION WITH INVASIVE SPECIES COUN6 CIL.—Section 1201(f) of the Nonindigenous Aquatic Nui7 sance Prevention and Control Act of 1990 (16 U.S.C. 

8 4721(f)) is amended— 

9 (1) by striking ‘‘Each Task Force member’’ and 

10 inserting the following: 

11 ‘‘(1) IN GENERAL.—Each member of the Task 

12 Force’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(2) INVASIVE SPECIES COUNCIL.—The 

15 Invasive Species Council shall— 

16 ‘‘(A) coordinate and cooperate with the 

17 Task Force in carrying out the duties of the 

18 Invasive Species Council relating to aquatic 

19 invasive species; 

20 ‘‘(B) not later than 2 years after the date 

21 of enactment of the National Oceans Protection 

22 Act of 2005, and every 3 years thereafter, sub23 mit to Congress a report that summarizes the 

24 status of the conduct of activities authorized by 

25 and required under this Act; and 
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1 ‘‘(C) establish any regional panels or task 

2 forces in coordination with the regional panels 

3 of the Task Force convened under section 

4 1203.’’. 

5 (c) COORDINATION WITH OTHER PROGRAMS.—Sec6 tion 1202(c) of the Nonindigenous Aquatic Nuisance Pre7 vention and Control Act of 1990 (16 U.S.C. 4722(c)) is 

8 amended by adding at the end the following: 

9 ‘‘(3) RECOMMENDATIONS FOR LISTS.— 

10 ‘‘(A) IN GENERAL.—The Task Force shall 

11 annually recommend to Federal agencies of ju12 risdiction such additions of aquatic invasive 

13 species as the Task Force determines to be ap14 propriate for inclusion on— 

15 ‘‘(i) any list of species of wildlife cov16 ered by section 42 of title 18, United 

17 States Code (including regulations); or 

18 ‘‘(ii) any list of noxious weeds under 

19 the Plant Protection Act (7 U.S.C. 7701 et 

20 seq.) (including regulations promulgated 

21 under that Act contained in part 360 of 

22 title 7, Code of Federal Regulations (or 

23 any successor regulations)). 

24 ‘‘(B) PROCESS.—The Task Force may use 

25 the screening process developed pursuant to 
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1 section 1105 to identify species pursuant to 

2 subparagraph (A).’’. 

3 (d) REGIONAL COORDINATION.—Section 1203 of the 

4 Nonindigenous Aquatic Nuisance Prevention and Control 

5 Act of 1990 (16 U.S.C. 4723) is amended by adding at 

6 the end the following: 

7 ‘‘(d) ANNUAL INTER-REGIONAL MEETING.—The 

8 Task Force shall annually convene all regional panels es9 tablished pursuant to this Act for the purpose of informa10 tion transfer between and among panels, and between the 

11 panels and the Task Force, regarding aquatic invasive 

12 species management. 

13 ‘‘(e) ORGANIZATIONS.— 

14 ‘‘(1) IN GENERAL.—An interstate organization 

15 that has a Federal charter authorized by law or ex16 ecutive order for purposes of fisheries or natural re17 source management may develop and implement— 

18 ‘‘(A) regional aquatic invasive species man19 agement plans; and 

20 ‘‘(B) rapid response activities that are— 

21 ‘‘(i) requested by the Governors of the 

22 member States of the organization; and 

23 ‘‘(ii) consistent with any relevant 

24 State aquatic invasive species management 

25 plans. 
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1 ‘‘(2) FUNDS.—The interstate organization may 

2 receive funds under this Act to implement activities 

3 under the regional aquatic invasive species manage4 ment plan of the organization.’’. 

5 (e) STATE AQUATIC INVASIVE SPECIES MANAGE6 MENT PLANS.—Section 1204(a) of the Nonindigenous 

7 Aquatic Nuisance Prevention and Control Act of 1990 (16 

8 U.S.C. 4724(a)) is amended— 

9 (1) in paragraph (2)— 

10 (A) in subparagraph (A), by inserting be11 fore the semicolon at the end the following: ‘‘, 

12 including, in accordance with guidelines issued 

13 by the Task Force under paragraph (5)— 

14 ‘‘(i) rapid assessment and response 

15 contingency strategies under section 1211; 

16 ‘‘(ii) early detection strategies under 

17 section 1211(b)(4); and 

18 ‘‘(iii) aquatic plant control programs 

19 conducted pursuant to other laws’’; and 

20 (B) in subparagraph (D), by inserting ‘‘in21 clude’’ after ‘‘(D)’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(5) GUIDELINES.— 

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

25 after the date of enactment of the National 
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1 Oceans Protection Act of 2005, the Task Force 

2 shall amend the guidelines of the Task Force 

3 for the development of plans under this sub4 section, including guidelines for reporting 

5 progress in implementing the plans, to encour6 age consistency in implementation of and re7 porting under those plans. 

8 ‘‘(B) GUIDELINES.—The guidelines pub9 lished under subparagraph (A) shall include, for 

10 the purpose of paragraph (2)(A), guidelines 

11 concerning— 

12 ‘‘(i) rapid response contingency strate13 gies under section 1211; 

14 ‘‘(ii) early detection strategies under 

15 section 1211(b)(4); 

16 ‘‘(iii) aquatic plant control programs 

17 conducted pursuant to other laws; and 

18 ‘‘(iv) the review and revision of re19 quirements of this subsection and the re20 approval process under this subsection. 

21 ‘‘(6) RELATIONSHIP TO OTHER PLANS.— 

22 ‘‘(A) IN GENERAL.—A plan approved 

23 under paragraph (4) shall be deemed to meet 

24 any State planning requirement of the program 

25 established under section 104 of the River and 
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1 Harbor Act of 1958 (33 U.S.C. 610) for a plan 

2 to control noxious aquatic plant growths. 

3 ‘‘(B) ENFORCEMENT.—Funds provided to 

4 States for implementation of plans pursuant to 

5 section 1204 may be used by States to enforce 

6 requirements relating to aquatic invasive species 

7 under the Plant Protection Act (7 U.S.C. 7701 

8 et seq.) (including regulations promulgated 

9 under that Act contained in part 360 of title 7, 

10 Code of Federal Regulations (or any successor 

11 regulations)). 

12 ‘‘(7) ELIGIBILITY OF EXISTING PLANS.—A plan 

13 approved under this section as of the day imme14 diately before the date of enactment of the National 

15 Oceans Protection Act of 2005 shall be eligible to re16 ceive a grant awarded under this section. 

17 ‘‘(8) REVIEW AND REVISION.— 

18 ‘‘(A) IN GENERAL.—Each State shall peri19 odically review and, as necessary, revise the 

20 management plan of the State in accordance 

21 with guidelines of the Task Force. 

22 ‘‘(B) UPDATE OF EXISTING PLANS.—A 

23 plan approved under this section as of the day 

24 immediately before the date of enactment of the 

25 National Oceans Protection Act of 2005 shall 
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1 be updated after the date of enactment of the 

2 National Oceans Protection Act of 2005 to con3 form to the guidelines published under para4 graph (5). 

5 ‘‘(9) OTHER STATE MANAGEMENT PLANS.—In 

6 addition to the management plans required under 

7 this subsection, the Director shall encourage each 

8 State to develop and implement new, and expand ex9 isting, State management plans to improve State ac10 tions to prevent and control aquatic invasive spe11 cies.’’. 

12 (f) GRANT PROGRAM.—Section 1204(b)(1) of the 

13 Nonindigenous Aquatic Nuisance Prevention and Control 

14 Act of 1990 (16 U.S.C. 4724(b)(1)) is amended by strik15 ing ‘‘subsection (a) for the implementation of those 

16 plans.’’ and inserting the following: ‘‘subsection (a)— 

17 ‘‘(A) to develop those plans with a total 

18 amount that does not exceed 10 percent of the 

19 amounts made available for grants under this 

20 section for each fiscal year; and 

21 ‘‘(B) to implement those plans.’’. 

22 SEC. 732. INTERNATIONAL COORDINATION. 

23 (a) IN GENERAL.—Subtitle E of the Nonindigenous 

24 Aquatic Nuisance Prevention and Control Act of 1990 (16 

25 U.S.C. 4751 et seq.) is amended— 
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1 (1) by striking the subtitle heading and insert2 ing the following: 

3 ‘‘Subtitle E—Administration’’; 

4 and 

5 (2) by adding at the end the following: 

6 ‘‘SEC. 1402. INTERNATIONAL COORDINATION. 

7 ‘‘(a) IN GENERAL.—The Task Force, the Invasive 

8 Species Council, and the Secretary of State shall, to the 

9 maximum extent practicable, ensure that international ef10 forts to prevent, detect, monitor, assess, and control 

11 aquatic invasive species (including through the Inter12 national Maritime Organization, the International Con13 vention on the Exploration of the Sea, the Global Invasive 

14 Species Program, and other appropriate programs) are co15 ordinated with policies of the United States established by 

16 this Act. 

17 ‘‘(b) COORDINATION WITH NEIGHBORING COUN18 TRIES.— 

19 ‘‘(1) IN GENERAL.—The Task Force, in con20 sultation with the Secretary of State, shall include in 

21 the report required by section 1202(m) a description 

22 of the means by which international agreements and 

23 regulations with countries that share a border with 

24 the United States will be implemented and enforced 
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1 by Federal agencies (including a clarification of the 

2 roles and responsibilities of those agencies). 

3 ‘‘(2) NEGOTIATIONS.—As soon as practicable 

4 after the date of enactment of the National Oceans 

5 Protection Act of 2005, the Secretary of State may 

6 enter into negotiations with— 

7 ‘‘(A) Canada to issue a request that the 

8 International Joint Commission, not later than 

9 18 months after the date of enactment of that 

10 Act, review, research, conduct hearings on, and 

11 submit to the parties represented on the Inter12 national Joint Commission a report that de13 scribes the success of current policies of govern14 ments in the United States and Canada having 

15 jurisdiction over the Great Lakes in antici16 pating and preventing biological invasions of 

17 the aquatic ecosystem in the Great Lakes, in18 cluding— 

19 ‘‘(i) an analysis of current Federal, 

20 State or Provincial, local, and international 

21 laws, enforcement practices, and agree22 ments; 

23 ‘‘(ii) an analysis of prevention efforts 

24 relating to all likely pathways for biological 
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1 invasions of the aquatic ecosystem in the 

2 Great Lakes; and 

3 ‘‘(iii) recommendations of the Inter4 national Joint Commission for means by 

5 which to improve and harmonize the poli6 cies and enforcement practices referred to 

7 in clause (i); and 

8 ‘‘(B) Mexico, to ensure coordination of ef9 forts of the United States with efforts of Mex10 ico to manage invasive species established in the 

11 United States-Mexico border region.’’. 

12 Subtitle E—Authorization of 

13 Appropriations 

14 SEC. 741. AUTHORIZATION OF APPROPRIATIONS. 

15 Section 1301 of the Nonindigenous Aquatic Nuisance 

16 Prevention and Control Act of 1990 (16 U.S.C. 4741) is 

17 amended to read as follows: 

18 ‘‘SEC. 1301. AUTHORIZATION OF APPROPRIATIONS. 

19 ‘‘(a) IN GENERAL.—Except as otherwise provided in 

20 this section, there are authorized to be appropriated such 

21 sums as are necessary to carry out this Act for each of 

22 fiscal years 2006 through 2010. 

23 ‘‘(b) TASK FORCE AND AQUATIC INVASIVE SPECIES

24 PROGRAM.—There are authorized to be appropriated for 

25 each of fiscal years 2006 through 2010— 
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1 ‘‘(1) $8,000,000, to carry out activities of the 

2 Task Force under section 1202, of which— 

3 ‘‘(A) $4,000,000 shall be used by the Di4 rector; 

5 ‘‘(B) $3,000,000 shall be used by the Na6 tional Oceanic and Atmospheric Administration; 

7 and 

8 ‘‘(C) $1,000,000 shall be used by the 

9 Invasive Species Council; 

10 ‘‘(2) $30,000,000, to provide grants under sec11 tion 1204(b); and 

12 ‘‘(3) $3,000,000, to provide assistance to the 

13 regional panels of the Task Force. 

14 ‘‘(c) INTERNATIONAL COORDINATION.—There is au15 thorized to be appropriated to the Department of State 

16 to carry out section 1403 $1,000,000 for each of fiscal 

17 years 2006 through 2010. 

18 ‘‘(d) PREVENTION OF INTRODUCTION BY VESSELS

19 OF AQUATIC INVASIVE SPECIES INTO WATERS OF THE

20 UNITED STATES.—There are authorized to be appro21 priated for each of fiscal years 2006 through 2010— 

22 ‘‘(1) $6,000,000, to be used by the Secretary to 

23 carry out section 1101; 

24 ‘‘(2) $2,500,000, to be used by the Adminis25 trator to carry out section 1101; and 
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1 ‘‘(3) $2,750,000, to be used by the Task Force 

2 to carry out section 1101, of which— 

3 ‘‘(A) $1,500,000 shall be used by the Di4 rector; and 

5 ‘‘(B) $1,250,000 shall be used by the Na6 tional Oceanic and Atmospheric Administration. 

7 ‘‘(e) PREVENTION OF THE INTRODUCTION BY NON8 VESSEL PATHWAYS OF AQUATIC INVASIVE SPECIES INTO

9 WATERS OF THE UNITED STATES.—There are authorized 

10 to be appropriated for each of fiscal years 2006 through 

11 2010 $5,000,000, to carry out the priority pathway man12 agement program under section 1210, of which— 

13 ‘‘(1) $2,000,000 shall be used by the National 

14 Oceanic and Atmospheric Administration; and 

15 ‘‘(2) $3,000,000 shall be used by the Director. 

16 ‘‘(f) EARLY DETECTION AND MONITORING.—There 

17 is authorized to be appropriated, to carry out early detec18 tion, monitoring, and survey planning and implementation 

19 under section 1106, $2,000,000 for each of fiscal years 

20 2006 and 2007 and $10,000,000 for each of fiscal years 

21 2008 through 2010, of which— 

22 ‘‘(1) for each of fiscal years 2006 and 2007— 

23 ‘‘(A) $1,000,000 shall be used by the Na24 tional Oceanic and Atmospheric Administration; 

25 and 
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1 ‘‘(B) $1,000,000 shall be used by the Di2 rector; and 

3 ‘‘(2) for each of fiscal years 2008 through 

4 2010— 

5 ‘‘(A) $5,000,000 shall be used by the Na6 tional Oceanic and Atmospheric Administration; 

7 and 

8 ‘‘(B) $5,000,000 shall be used by the Di9 rector. 

10 ‘‘(g) CONTAINMENT AND CONTROL.— 

11 ‘‘(1) DISPERSAL BARRIERS.—There are author12 ized to be appropriated for each of fiscal years 2006 

13 through 2010— 

14 ‘‘(A) $300,000, to be used by the Assistant 

15 Secretary in carrying out operation and mainte16 nance of the Chicago River Canal Dispersal 

17 Barrier under section 1202(j)(1); 

18 ‘‘(B) $1,800,000, to be used by the Assist19 ant Secretary in carrying out the complete con20 struction of the Chicago River Canal Dispersal 

21 Barrier; 

22 ‘‘(C) $8,000,000, to be used by the Assist23 ant Secretary for the construction of a second 

24 long-service life barrier for the Chicago River 

25 Canal; 
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1 ‘‘(D) $500,000, to be used by the Assist2 ant Secretary to carry out a feasibility study for 

3 the construction described in subparagraph (C); 

4 and 

5 ‘‘(E) $2,150,000, to be used by the Direc6 tor to carry out the monitoring program under 

7 section 1202(j)(2). 

8 ‘‘(2) RAPID RESPONSE.—There are authorized 

9 to be appropriated for each of fiscal years 2006 

10 through 2010— 

11 ‘‘(A) $25,000,000, to the Emergency 

12 Rapid Response Fund established under section 

13 1211(a), to remain available until expended; 

14 ‘‘(B) $1,000,000, to be used by the 

15 Invasive Species Council in developing the State 

16 and regional rapid response contingency strat17 egy under section 1211; and 

18 ‘‘(C) $1,500,000, to be used for Federal 

19 rapid response teams under section 1211(f), of 

20 which— 

21 ‘‘(i) $500,000 shall be used by the 

22 National Oceanic and Atmospheric Admin23 istration; and 

24 ‘‘(ii) $1,000,000 shall be used by the 

25 Director. 
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•S 1224 IS 

1 ‘‘(3) ENVIRONMENTAL SOUNDNESS.—There is 

2 authorized to be appropriated for establishment 

3 under section 1202(k) of criteria for the improve4 ment of treatment methods for aquatic invasive spe5 cies $600,000 for each of fiscal years 2006 through 

6 2010. 

7 ‘‘(h) INFORMATION, EDUCATION AND OUTREACH.—

8 There are authorized to be appropriated for each of fiscal 

9 years 2006 through 2010— 

10 ‘‘(1) $500,000, to be used by the Secretary of 

11 the Interior to carry out the information and edu12 cation program under section 1202(h)(2)(D); 

13 ‘‘(2) $750,000, to be used by the Director in 

14 carrying out the 100th meridian program under sec15 tion 1202(h)(2)(C); 

16 ‘‘(3) $2,000,000, to be used to carry out infor17 mational and educational activities of the Task 

18 Force under section 1202(h), of which— 

19 ‘‘(A) $1,000,000 shall be used by the Na20 tional Oceanic and Atmospheric Administration; 

21 and 

22 ‘‘(B) $1,000,000 shall be used by the Di23 rector; and 
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•S 1224 IS 

1 ‘‘(4) $500,000, to be used by the National Oce2 anic and Atmospheric Administration to carry out 

3 section 1202(h)(2)(B)(ii). 

4 ‘‘(i) RESEARCH.— 

5 ‘‘(1) ECOLOGICAL AND PATHWAY RESEARCH

6 AND ANALYSIS.—There are authorized to be appro7 priated for each of fiscal years 2006 through 2010— 

8 ‘‘(A) $17,000,000, to be used by the Na9 tional Oceanic and Atmospheric Administration 

10 to carry out sections 1106 and 1107, of which 

11 $13,000,000 shall be used to carry out the 

12 grant program under section 1106(g)); 

13 ‘‘(B) $4,000,000, to be used by the Smith14 sonian Environmental Research Center to carry 

15 out sections 1106 and 1107; 

16 ‘‘(C) $4,500,000, to be used by the United 

17 States Geological Survey to carry out sections 

18 1106 and 1107, of which $500,000 shall be 

19 used to develop, maintain, and update the data20 base required under section 1106(j)); and 

21 ‘‘(D) $1,650,000, to be used by the Great 

22 Lakes Environmental Research Laboratory to 

23 carry out the demonstration program under sec24 tion 1202(i). 
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•S 1224 IS 

1 ‘‘(2) DISSEMINATION.—There is authorized to 

2 be appropriated to provide for the dissemination of 

3 information by the Invasive Species Council under 

4 section 1108 $500,000 for each of fiscal years 2006 

5 through 2010. 

6 ‘‘(3) TECHNOLOGY DEVELOPMENT, DEM7 ONSTRATION, AND VERIFICATION.—There are au8 thorized to be appropriated for each of fiscal years 

9 2006 through 2010— 

10 ‘‘(A) $2,500,000, to be used by the Admin11 istrator for the purposes of environmental 

12 soundness screening and improvement under 

13 section 1109(a); 

14 ‘‘(B) $1,000,000, to be used by the Assist15 ant Secretary to carry out the program under 

16 section 1109(b); and 

17 ‘‘(C) $7,500,000, to carry out vessel path18 way technology development under sections 

19 1104 and 1301(e). 

20 ‘‘(4) VESSEL PATHWAY STANDARDS RE21 SEARCH.—There are authorized to be appro22 priated— 

23 ‘‘(A) for each of fiscal years 2006 through 

24 2010, $3,000,000, to be used for research in 

25 support of vessels pathway standards and tech-
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•S 1224 IS 

1 nology evaluation under section 1110(a) of 

2 which— 

3 ‘‘(i) $1,500,000 shall be used by the 

4 Administrator; and 

5 ‘‘(ii) $2,000,000 shall be used by the 

6 Secretary of the Coast Guard; 

7 ‘‘(B) for each of fiscal years 2006 through 

8 2008, $500,000, to be used by the Coast Guard 

9 to carry out the performance test required 

10 under section 1110(b); and 

11 ‘‘(C) for fiscal year 2006, $500,000, to be 

12 used by the Secretary of the Coast Guard to 

13 enter into an agreement with the National 

14 Academy of Sciences to carry out the study re15 quired under section 1110(c). 

16 ‘‘(5) RESEARCH IN SYSTEMATICS AND TAX17 ONOMY.—There is authorized to be appropriated for 

18 the National Research Foundation to provide re19 search grants for systematics and taxonomy under 

20 section 1111 $2,500,000 for each of fiscal years 

21 2006 through 2010.’’. 
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1 Subtitle F—Conforming 

2 Amendments 

3 SEC. 751. CONFORMING AMENDMENTS. 

4 (a) IN GENERAL.—The Nonindigenous Aquatic Nui5 sance Prevention and Control Act of 1990 is amended— 

6 (1) in section 1102 (16 U.S.C. 4712)— 

7 (A) in subsection (a), by striking the sub8 section heading and inserting the following: 

9 ‘‘(a) STUDIES ON INTRODUCTION OF AQUATIC

10 INVASIVE SPECIES BY VESSELS.—’’; and 

11 (B) in subsection (b)— 

12 (i) by striking paragraph (1); and 

13 (ii) by redesignating paragraphs (2) 

14 and (3) as paragraphs (1) and (2), respec15 tively; 

16 (2) in subtitle C (16 U.S.C. 4721 et seq.), by 

17 striking the subtitle heading and inserting the fol18 lowing: 

19 ‘‘Subtitle C—Prevention and Con20 trol of Aquatic Invasive Species 

21 Dispersal’’; 

22 (3) in section 1201(a) (16 U.S.C. 4721(a)), by 

23 striking ‘‘Nuisance Species’’ and inserting ‘‘Invasive 

24 Species’’; 
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•S 1224 IS 

1 (4) in section 1202 (16 U.S.C. 4722), by strik2 ing the section heading and inserting the following: 

3 ‘‘SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM.’’; 

4 (5) in section 1204 (16 U.S.C. 4724), by strik5 ing the section heading and inserting the following: 

6 ‘‘SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGE7 MENT PLANS.’’; 

8 and 

9 (6) by striking ‘‘aquatic nuisance species’’ each 

10 place it appears and inserting ‘‘aquatic invasive spe11 cies’’. 

12 (b) SHORT TITLE.— 

13 (1) IN GENERAL.—Section 1001 of the Non14 indigenous Aquatic Nuisance Prevention and Control 

15 Act of 1990 (16 U.S.C. 4701) is amended by strik16 ing ‘‘Nonindigenous Aquatic Nuisance’’ and insert17 ing ‘‘Nonindigenous Aquatic Invasive Species’’. 

18 (2) REFERENCES.—Any reference in a law, 

19 map, regulation, document, paper, or other record of 

20 the United States to the Nonindigenous Aquatic 

21 Nuisance Prevention and Control Act of 1990 shall 

22 be deemed to be a reference to the Nonindigenous 

23 Aquatic Invasive Species Prevention and Control Act 

24 of 1990. 
324

•S 1224 IS 

1 TITLE VIII—CONTAMINATED 

2 SEDIMENTS 

3 SEC. 801. DESIGNATION OF SITES. 

4 (a) CONSULTATION.—Section 102(c)(3) of the Ma5 rine Protection, Research, and Sanctuaries Act of 1972 

6 (33 U.S.C. 1412(c)(3)) is amended in the second sentence 

7 by inserting before the period at the end the following: 

8 ‘‘and, not later than 3 years after the date of enactment 

9 of the National Oceans Protection Act of 2005, consult 

10 with each other concerning development and implementa11 tion of the plans’’. 

12 (b) DISPOSAL IMPACT EVALUATION AND RE13 PORTS.—Section 102(c)(4) of the Marine Protection, Re14 search, and Sanctuaries Act of 1972 (33 U.S.C. 

15 1412(c)(4)) is amended—

16 (1) in the first sentence, by striking ‘‘After’’ 

17 and inserting the following: 

18 ‘‘(A) MANAGEMENT PLANS.—

19 ‘‘(i) IN GENERAL.—After’’; 

20 (2) in the second sentence, by striking ‘‘Begin21 ning’’ and inserting the following: 

22 ‘‘(B) PROHIBITIONS.—

23 ‘‘(i) IN GENERAL.—Beginning’’; 

24 (3) in the last sentence, by striking ‘‘Begin25 ning’’ and inserting the following: 
325

•S 1224 IS 

1 ‘‘(ii) NEWPORT BEACH, CALI2 FORNIA.—Beginning’’; and 

3 (4) in subparagraph (A) (as designated by 

4 paragraph (1)), by adding at the end the following: 

5 ‘‘(ii) DISPOSAL IMPACT EVALUATION

6 AND REPORTS.—

7 ‘‘(I) IN GENERAL.—As part of 

8 the management plan required for a 

9 site, the Administrator shall evaluate 

10 the impact of disposal at the site and 

11 submit, as part of an annual report to 

12 Congress, a report describing the im13 pact. 

14 ‘‘(II) ADMINISTRATION.—In 

15 making the evaluation and preparing 

16 the report, the Administrator shall 

17 consider the types of effects, and 

18 make the determinations, required 

19 under section 228.10 of title 40, Code 

20 of Federal Regulations (or a successor 

21 regulation). 

22 ‘‘(III) MODIFICATION OR CLO23 SURE OF SITES.—As part of the re24 port, the Administrator shall list sites 

25 that are or should be modified or 
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•S 1224 IS 

1 closed and describe remedial action 

2 that is necessary for such sites.’’. 

3 SEC. 802. SEDIMENT QUALITY SURVEY, MONITORING, CRI4 TERIA, AND STANDARDS. 

5 (a) IN GENERAL.—Section 304(a) of the Federal 

6 Water Pollution Control Act (33 U.S.C. 1314(a)) is 

7 amended by adding at the end the following: 

8 ‘‘(10) SEDIMENT QUALITY SURVEY, MONI9 TORING, CRITERIA, AND STANDARDS.—

10 ‘‘(A) DEFINITION OF CONTAMINATED

11 SEDIMENT.—In this paragraph, the term ‘con12 taminated sediment’ means aquatic sediment 

13 that—

14 ‘‘(i) contains a pollutant or naturally 

15 occurring substance in excess of appro16 priate geochemical, toxicological, or sedi17 ment quality criteria or measures; or 

18 ‘‘(ii) is otherwise considered by the 

19 Administrator to pose a threat to human 

20 health or the environment. 

21 ‘‘(B) SURVEY.—

22 ‘‘(i) IN GENERAL.—The Adminis23 trator, in consultation with the Adminis24 trator of the National Oceanic and Atmos25 pheric Administration, the Secretary of the 
327

•S 1224 IS 

1 Army, local agencies, and other interested 

2 persons, shall—

3 ‘‘(I) conduct a comprehensive na4 tional survey of data regarding aquat5 ic sediment quality in the United 

6 States; 

7 ‘‘(II) compile all available infor8 mation on the quantity, chemical and 

9 physical composition, and geographic 

10 location of pollutants in aquatic sedi11 ment, including the probable sources 

12 and nonpoint sources of the pollutants 

13 and identification of those sediments 

14 that are contaminated sediments; and 

15 ‘‘(III) not later than October 31, 

16 2006, submit to Congress the find17 ings, conclusions, and recommenda18 tions of the survey, including rec19 ommendations for actions necessary to 

20 prevent contamination of aquatic sedi21 ments and to control sources of con22 tamination. 

23 ‘‘(ii) UPDATE.—Not later than 2 

24 years after the date of enactment of this 

25 paragraph, the Administrator shall—
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•S 1224 IS 

1 ‘‘(I) update the survey required 

2 under clause (i)(I); and 

3 ‘‘(II) submit to Congress a report 

4 described in clause (i)(III) on the up5 dated survey. 

6 ‘‘(C) MONITORING.—

7 ‘‘(i) IN GENERAL.—The Adminis8 trator, in consultation with the Adminis9 trator of the National Oceanic and Atmos10 pheric Administration and the Secretary of 

11 the Army, shall conduct a comprehensive 

12 and continuing program to monitor aquatic 

13 sediment quality that, at a minimum—

14 ‘‘(I) identifies the location of pol15 lutants in aquatic sediment; 

16 ‘‘(II) identifies the extent of pol17 lutants in sediment (including in con18 taminated sediment); 

19 ‘‘(III) establishes methods and 

20 protocols for monitoring the physical, 

21 chemical, and biological effects of pol22 lutants in aquatic sediment and con23 taminated sediment; 

24 ‘‘(IV) develops a system for the 

25 management, storage, and dissemina-
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•S 1224 IS 

1 tion of data concerning aquatic sedi2 ment quality; 

3 ‘‘(V) provides an assessment of 

4 aquatic sediment quality trends over 

5 time; 

6 ‘‘(VI) identifies locations at 

7 which pollutants in sediment may pose 

8 a threat to the quality of drinking 

9 water supplies, fisheries resources, 

10 and marine habitats; and 

11 ‘‘(VII) establishes a clearing12 house for information on technology, 

13 methods, and practices available for 

14 the remediation, decontamination, and 

15 control of sediment contamination. 

16 ‘‘(ii) REPORT.—Not later than Octo17 ber 31, 2005, and biennially thereafter, the 

18 Administrator shall submit to Congress a 

19 report on the findings of the monitoring 

20 under clause (i). 

21 ‘‘(D) CRITERIA AND STANDARDS.—

22 ‘‘(i) IN GENERAL.—Not later than 3 

23 years after the date of enactment of this 

24 paragraph, in carrying out paragraph (1), 

25 the Administrator, in consultation with the 
330

•S 1224 IS 

1 Administrator of the National Oceanic and 

2 Atmospheric Administration and after pub3 lic notice and comment, shall promulgate 

4 sediment quality criteria and standards 

5 that are fully protective of the most sen6 sitive aquatic species at their most sen7 sitive life stages. 

8 ‘‘(ii) INFORMATION.—The criteria and 

9 standards shall be based on the best avail10 able scientific information from Federal, 

11 regional, State, and local agencies, the pri12 vate sector, and academic institutions.’’. 

13 (b) CONFORMING AMENDMENTS.—

14 (1) Section 503 of the Water Resources Devel15 opment Act of 1992 (33 U.S.C. 1271) is repealed. 

16 (2) Section 501(b) of the Water Resources De17 velopment Act of 1992 (106 Stat. 4864) is amended 

18 by striking ‘‘purposes of sections 502 and 503 of 

19 this title’’ and inserting ‘‘purpose of section 502’’. 

20 SEC. 803. NO PREEMPTION OF STATE OR LOCAL AUTHOR21 ITY. 

22 Nothing in this title or any amendment made by this 

23 title preempts or otherwise affects the authority of a State 

24 or local government to establish or enforce any standard 
331

•S 1224 IS 

1 that is more stringent than a standard established under 

2 this title or an amendment made by this title. 

3 TITLE IX—OCEANS AND WATER 

4 QUALITY 

5 SEC. 901. WATER QUALITY CRITERIA AND STANDARDS FOR 

6 DISCHARGES OF NUTRIENTS. 

7 (a) EFFLUENT LIMITATIONS.—

8 (1) IN GENERAL.—Section 301(b) of the Fed9 eral Water Pollution Control Act (33 U.S.C. 

10 1311(b)) is amended—

11 (A) in paragraph (2)(F), by striking the 

12 period at the end and inserting a semicolon; 

13 (B) in paragraph (3)(B), by striking the 

14 period at the end and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(4) for any advanced wastewater treatment 

17 standards in accordance with section 304(d)(5), 

18 compliance as expeditiously as practicable, but in no 

19 case later than 3 years after the date on which the 

20 standards are promulgated under that section.’’. 

21 (2) CONFORMING AMENDMENTS.—

22 (A) Section 301(d) of the Federal Water 

23 Pollution Control Act (33 U.S.C. 1311(d)) is 

24 amended by striking ‘‘paragraph (2)’’ and in25 serting ‘‘paragraphs (2) and (4)’’. 
332

•S 1224 IS 

1 (B) Section 302 of the Federal Water Pol2 lution Control Act (33 U.S.C. 1312) is amend3 ed—

4 (i) in subsection (a), by striking ‘‘sec5 tion 301(b)(2) of this Act’’ and inserting 

6 ‘‘paragraph (2) or (4) of section 301(b)’’; 

7 and 

8 (ii) in subsection (b)(2)(B)(ii), by 

9 striking ‘‘section 301(b)(2)’’ and inserting 

10 ‘‘paragraph (2) or (4) of section 301(b)’’. 

11 (b) STANDARDS FOR NUTRIENTS.—Section 303(c)(2) 

12 of the Federal Water Pollution Control Act (33 U.S.C. 

13 1313(c)(2)) is amended—

14 (1) in subparagraph (B)—

15 (A) in the first sentence—

16 (i) by inserting ‘‘and, not later than 3 

17 years after the date of promulgation of 

18 standards for nutrients under paragraph 

19 (5), for all criteria under section 

20 304(a)(11) on which those standards for 

21 nutrients are based,’’ after ‘‘304(a),’’; and 

22 (ii) by inserting ‘‘toxic pollutants or 

23 nutrients’’ after ‘‘presence of which’’; 

24 (B) in the second sentence, by inserting 

25 ‘‘and nutrients’’ after ‘‘pollutants’’; and 
333

•S 1224 IS 

1 (2) by adding at the end the following: 

2 ‘‘(C) WATER QUALITY STANDARDS FOR

3 NUTRIENTS.—Not later than 1 year after the 

4 date of publication of water quality criteria for 

5 nutrients under subparagraphs (A)(i) and 

6 (B)(i) of section 304(a)(11), each State shall 

7 establish, in accordance with this subsection, 

8 water quality standards that implement the cri9 teria published under those subparagraphs in 

10 the State.’’. 

11 (c) CRITERIAFOR NUTRIENTS.—Section 304(a) of 

12 the Federal Water Pollution Control Act (33 U.S.C. 

13 1314(a)) (as amended by section 802(a)) is amended by 

14 adding at the end the following: 

15 ‘‘(11) CRITERIAFOR NUTRIENTS.—

16 ‘‘(A) COASTAL AND ESTUARINE WATERS.—

17 Not later than 5 years after the date of enact18 ment of this paragraph, the Administrator shall 

19 publish in the Federal Register final 

20 ecoregional, numeric water quality criteria for 

21 nutrients in coastal and estuarine waters of the 

22 United States (including waters of the contig23 uous zone and the territorial seas). 

24 ‘‘(B) FRESHWATER.—Not later than 1 

25 year after the date of enactment of this para-
334

•S 1224 IS 

1 graph, the Administrator shall publish in the 

2 Federal Register final ecoregional, numeric 

3 water quality criteria for nutrients in bodies of 

4 freshwater in the United States.’’. 

5 (d) ADVANCED WASTEWATER TREATMENT STAND6 ARDS FOR NUTRIENT REMOVAL.—Section 304(d) of the 

7 Federal Water Pollution Control Act (33 U.S.C. 1314(d)) 

8 is amended by adding at the end the following: 

9 ‘‘(5) ADVANCED WASTEWATER TREATMENT

10 STANDARDS FOR NUTRIENT REMOVAL.—

11 ‘‘(A) IN GENERAL.—As soon as prac12 ticable, but in no case later than 3 years, after 

13 the date of enactment of this paragraph, based 

14 on the best available technology, the Adminis15 trator, after consultation with appropriate Fed16 eral and State agencies and other interested 

17 persons, shall promulgate advanced wastewater 

18 treatment standards for the removal of nutri19 ents from discharges into marine and estuarine 

20 water and freshwater. 

21 ‘‘(B) DETERMINATION OF STANDARDS.—

22 In determining the standards referred to in 

23 subparagraph (A), the Administrator shall take 

24 into consideration the factors specified in sub25 section (b)(2)(B).’’. 
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•S 1224 IS 

1 (e) PRETREATMENT STANDARDS FOR NUTRIENTS.—

2 Section 307(d) of the Federal Water Pollution Control Act 

3 (33 U.S.C. 1317(d)) is amended by inserting ‘‘, nutrient 

4 standard,’’ after ‘‘effluent standard’’ each place it ap5 pears. 

6 SEC. 902. CONTINUING PLANNING PROCESSES FOR TOTAL 

7 MAXIMUM DAILY LOADS. 

8 Section 303(e) of the Federal Water Pollution Con9 trol Act (33 U.S.C. 1313(e)) is amended—

10 (1) by striking ‘‘(e)(1) Each State shall have a 

11 continuing planning process approved under para12 graph (2) of this subsection which’’ and inserting 

13 the following: 

14 ‘‘(e) CONTINUING PLANNING PROCESS.—

15 ‘‘(1) IN GENERAL.—Each State shall have a 

16 continuing planning process approved under para17 graph (2) that’’; 

18 (2) in paragraph (2), by striking ‘‘(2) Each’’ 

19 and all that follows through the end of the first sen20 tence and inserting the following: 

21 ‘‘(2) SUBMISSION.—Not later than 120 days 

22 after the date of enactment of the Water Pollution 

23 Control Amendments of 1972, each State shall sub24 mit to the Administrator, for approval, a plan de-
336

•S 1224 IS 

1 scribed in this subsection that is consistent with this 

2 Act.’’; 

3 (3) in paragraph (3)—

4 (A) by striking ‘‘(3) The Administrator’’ 

5 and inserting the following: 

6 ‘‘(3) APPROVAL.—The Administrator’’; 

7 (B) by striking ‘‘to him’’ and inserting ‘‘to 

8 the Administrator’’; 

9 (C) by striking ‘‘include the following:’’ 

10 and inserting ‘‘include—’’; 

11 (D) in subparagraph (H), by striking the 

12 period at the end and inserting a semicolon; 

13 (E) by adjusting the indentation of sub14 paragraphs (A) through (H) so as to conform 

15 to the amendments made by this subsection; 

16 and 

17 (F) by adding at the end the following: 

18 ‘‘(I) an implementation plan for each total 

19 maximum daily load approved under this Act; 

20 ‘‘(J) a description of measures to be taken 

21 to ensure compliance with all applicable water 

22 quality standards; and 

23 ‘‘(K) a description of special measures to 

24 be taken by the State to protect sole source 

25 aquifers identified under the Safe Drinking 
337

•S 1224 IS 

1 Water Act (42 U.S.C. 300f et seq.), and out2 standing national resource waters identified 

3 under this Act, in the State.’’; and 

4 (4) by adding at the end the following: 

5 ‘‘(4) UPDATING OF CONTINUING PLANNING

6 PROCESS.—

7 ‘‘(A) IN GENERAL.—Not later than 3 years 

8 after the date of enactment of this paragraph, 

9 and triennially thereafter, each State shall up10 date, and submit to the Administrator the up11 dated version of, the continuing planning proc12 ess of the State under this subsection. 

13 ‘‘(B) APPROVAL OR DISAPPROVAL.—Not 

14 later than 1 year after the date on which the 

15 Administrator receives an updated version of a 

16 continuing planning process under subpara17 graph (A), the Administrator shall—

18 ‘‘(i) approve the version; 

19 ‘‘(ii) disapprove the version; or 

20 ‘‘(iii) conditionally approve the version 

21 subject to approval by the Administrator of 

22 additional revisions. 

23 ‘‘(C) CONDITIONAL APPROVAL.—If the Ad24 ministrator conditionally approves an updated 

25 version of a continuing planning process under 
338

•S 1224 IS 

1 subparagraph (B)(iii), the Administrator 

2 shall—

3 ‘‘(i) provide the State a period of 

4 time, not to exceed 1 year after the date 

5 of conditional approval of the version, dur6 ing which the State submitting the version 

7 may revise and resubmit the version; and 

8 ‘‘(ii) not later than 90 days after the 

9 date on which the State resubmits the 

10 version, approve or disapprove the resub11 mitted version. 

12 ‘‘(D) FEDERAL INTERVENTION.—If the 

13 Administrator disapproves an updated version 

14 of a continuing planning process of a State 

15 under subparagraph (B)(ii) or (C)(ii), the Ad16 ministrator shall, not later than 2 years after 

17 the date of disapproval, develop an implementa18 tion plan for the State that—

19 ‘‘(i) includes each total maximum 

20 daily load approved under this Act; and 

21 ‘‘(ii) ensures compliance with all ap22 plicable water quality standards. 

23 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

24 There is authorized to be appropriated to the Ad25 ministrator, for use in carrying out paragraph (4) 
339

•S 1224 IS 

1 and assisting States in developing more protective 

2 continuing planning processes under this subsection, 

3 such sums as may be necessary for each of fiscal 

4 years 2006 through 2010.’’. 

5 SEC. 903. SANITARY SEWER OVERFLOWS. 

6 (a) DEFINITION OF SANITARY SEWER OVERFLOW.—

7 Section 502 of the Federal Water Pollution Control Act 

8 (33 U.S.C. 1362) is amended by adding at the end the 

9 following: 

10 ‘‘(24) SANITARY SEWER OVERFLOW.—The term 

11 ‘sanitary sewer overflow’ means an overflow, spill, 

12 release, or diversion of wastewater from a sanitary 

13 sewer system. The term includes an overflow or re14 lease of wastewater that reaches waters of the 

15 United States, an overflow or release of wastewater 

16 that does not reach waters of the United States, and 

17 a wastewater backup into a building that is caused 

18 by a blockage or flow conditions in a sanitary sewer 

19 (including in a publicly owned building lateral). The 

20 term does not include a combined sewer overflow or 

21 other discharge from the combined portions of a 

22 combined sewer system, or a wastewater backup into 

23 a building caused by a blockage or other malfunction 

24 of a building lateral that is privately owned.’’. 

25 (b) SANITARY SEWER OVERFLOWS.—
340

•S 1224 IS 

1 (1) IN GENERAL.—Title III of the Federal 

2 Water Pollution Control Act (33 U.S.C. 1311 et 

3 seq.) is amended by adding at the end the following:

4 ‘‘SEC. 321. SANITARY SEWER OVERFLOWS. 

5 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

6 date of enactment of this section, the owner or operator 

7 of a publicly owned treatment works (as defined in section 

8 212), under a permit issued under this section, shall—

9 ‘‘(1) institute and use a methodology, tech10 nology, or management program that will alert the 

11 owner or operator to the occurrence of a sanitary 

12 sewer overflow in a timely manner; 

13 ‘‘(2) notify the public of a sanitary sewer over14 flow in any area in which the overflow has the po15 tential to affect human health; 

16 ‘‘(3) notify the public as soon as practicable 

17 within 24 hours of the time at which the owner or 

18 operator becomes aware of the sanitary sewer over19 flow; 

20 ‘‘(4) immediately notify public health authori21 ties and owners and operators of other affected enti22 ties, such as public water systems, of any sanitary 

23 sewer overflow that may imminently and substan24 tially endanger human health; 
341

•S 1224 IS 

1 ‘‘(5) provide to the Administrator (or the State, 

2 in the case of a State that has a permit program ap3 proved under this section) an oral and a written or 

4 electronic report as soon as practicable, but not later 

5 than 24 hours, after the time at which the owner or 

6 operator becomes aware of the sanitary sewer over7 flow; 

8 ‘‘(6) provide to the Administrator or the State, 

9 as the case may be, not later than 5 days after the 

10 date on which the owner or operator becomes aware 

11 of the sanitary sewer overflow a written report de12 scribing—

13 ‘‘(A) the magnitude, duration, and sus14 pected cause of the sanitary sewer overflow; 

15 ‘‘(B) the steps taken or planned to reduce, 

16 eliminate, and prevent recurrence of the sani17 tary sewer overflow; and 

18 ‘‘(C) the steps taken or planned to miti19 gate the impact of the sanitary sewer overflow; 

20 ‘‘(7) report all sanitary sewer overflows to wa21 ters of the United States on its monthly discharge 

22 monitoring report to the Administrator or the State, 

23 as the case may be; and 

24 ‘‘(8) report to the Administrator or the State, 

25 as the case may be, the total number of sanitary 
342

•S 1224 IS 

1 sewer overflows (including sanitary sewer overflows 

2 that do not reach any waters of the United States) 

3 in a calendar year, including the details of—

4 ‘‘(A) the quantity of wastewater that was 

5 released in each sanitary sewer overflow; 

6 ‘‘(B) the duration of each sanitary sewer 

7 overflow; 

8 ‘‘(C) the location of the sanitary sewer 

9 overflow and any potentially affected receiving 

10 waters; 

11 ‘‘(D) the responses taken to clean up the 

12 sanitary sewer overflow; and 

13 ‘‘(E) the actions taken to mitigate impacts 

14 and avoid further sanitary sewer overflows at 

15 the site. 

16 ‘‘(b) DATABASE.—The Administrator shall establish, 

17 maintain, and make available to the public by electronic 

18 and other means a unified, national sewage spill occur19 rence database that—

20 ‘‘(1) permits full access from a single point of 

21 entry; and 

22 ‘‘(2) includes—

23 ‘‘(A) the information reported to the Ad24 ministrator under subsection (a)(8); 
343

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1 ‘‘(B) the information on sewage spills from 

2 combined sewage overflows reported in monthly 

3 discharge monitoring reports or under sub4 section (a)(7); and 

5 ‘‘(C) such other information concerning 

6 sewage spill incidents made available to the Ad7 ministrator under Federal or State spill report8 ing requirements as the Administrator deter9 mines to be appropriate. 

10 ‘‘(c) REPORT TO EPA.—If a State receives a report 

11 under paragraph (1)(H), the State shall annually submit 

12 to the Administrator a report that contains the summa13 rized details of reported sanitary sewer overflows that oc14 curred in the State during the calendar year covered by 

15 the report.’’. 

16 (2) CONFORMING AMENDMENT.—Section 

17 402(a)(1) of the Federal Water Pollution Control 

18 Act (33 U.S.C. 1342(a)(1)) is amended by inserting 

19 ‘‘321,’’ after ‘‘308,’’. 

20 SEC. 904. STORMWATER RUNOFF FROM CONSTRUCTION 

21 AND DEVELOPMENT ACTIVITY. 

22 Section 402(p) of the Federal Water Pollution Con23 trol Act (33 U.S.C. 1342(p)) is amended by adding at the 

24 end the following: 
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1 ‘‘(7) STORMWATER RUNOFF FROM CONSTRUC2 TION AND DEVELOPMENT ACTIVITY.—As soon as 

3 practicable, but in no case later than 3 years, after 

4 the date of enactment of this paragraph, the Admin5 istrator shall issue effluent limitation guidelines for 

6 the construction and development industry that are 

7 based on standards of performance for the construc8 tion and development industry under section 306.’’. 

9 SEC. 905. BEACH WATER TESTING. 

10 Section 406 of the Federal Water Pollution Control 

11 Act (33 U.S.C. 1346) is amended—

12 (1) in subsection (b)(3)(A)(i), by striking ‘‘sub13 section (c)’’ and inserting ‘‘subsections (c), (e), and 

14 (f)’’; 

15 (2) by redesignating subsections (e) through (i) 

16 as subsections (g) through (k); 

17 (3) in subsection (j) (as redesignated by para18 graph (2))—

19 (A) by striking ‘‘subsection (g)(1)(B)’’ and 

20 inserting ‘‘subsection (h)(1)(B)’’; and 

21 (B) by striking ‘‘subsection (i)’’ and insert22 ing ‘‘subsection (k)’’; 

23 (4) in subsection (k) (as redesignated by para24 graph (2)), by striking ‘‘subsection (h)’’ and insert25 ing ‘‘subsection (j)’’; and 
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1 (5) by inserting after subsection (d) the fol2 lowing: 

3 ‘‘(e) ROUTINE MONITORING.—

4 ‘‘(1) IN GENERAL.—Each Federal, State, and 

5 local program for monitoring and notification shall 

6 classify all recreational waters within the jurisdiction 

7 of the program into high-, medium-, and low-risk 

8 categories in accordance with the publication entitled 

9 ‘National Beach Guidance and Required Perform10 ance Criteria for Grants’ (EPA–823–B–02–0041). 

11 ‘‘(2) HIGH AND MEDIUM RISK WATERS.—Dur12 ing the recreational season of the area served by a 

13 program described in paragraph (1), the Adminis14 trator (with respect to waters described in sub15 section (d)) or the State (in the case of waters de16 scribed in subsection (c)(1)) shall monitor any water 

17 classified as high- or medium-risk under paragraph 

18 (1). 

19 ‘‘(3) CLOSINGS AND PUBLIC ADVISORIES.—If a 

20 water sample is collected that does not meet applica21 ble water quality standards, the Administrator or 

22 State shall close, or issue a public advisory relating 

23 to, any affected beach—

24 ‘‘(A) as soon as practicable; but 
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1 ‘‘(B) not later than 48 hours after the 

2 sample is collected. 

3 ‘‘(4) REOPENING AND REMOVING PUBLIC

4 ADVISORIES.—Before reopening, or removing a pub5 lic advisory relating to, a beach described in para6 graph (3), the Administrator or State shall collect at 

7 least 1 sample that meets applicable water quality 

8 standards. 

9 ‘‘(f) TESTING AND NOTIFICATION AFTER SIGNIFI10 CANT RAIN EVENTS.—

11 ‘‘(1) IN GENERAL.—Each Federal, State, and 

12 local program for monitoring and notification 

13 shall—

14 ‘‘(A) establish a definition of the term ‘sig15 nificant rain event’ relating to each beach with16 in the jurisdiction of the program; and 

17 ‘‘(B) require the conduct of, at the option 

18 of the program—

19 ‘‘(i) the testing and notification de20 scribed in paragraph (2); or 

21 ‘‘(ii) the preemptive action and testing 

22 described in paragraph (3). 

23 ‘‘(2) TESTING AND NOTIFICATION.—

24 ‘‘(A) TESTING.—Not later than 8 hours 

25 after the onset of a significant rain event, the 
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1 Administrator (with respect to waters described 

2 in subsection (d)) or the State (in the case of 

3 waters described in subsection (c)(1)) shall test 

4 waters described in subsections (c)(1) and (d) 

5 to determine whether the waters meet applica6 ble water quality standards. 

7 ‘‘(B) PUBLIC ADVISORIES AND CLOS8 INGS.—As soon as practicable, but not later 

9 than 48 hours after the onset of a significant 

10 rain event, if the Administrator or a State de11 termines under subparagraph (A) that the wa12 ters fail to meet applicable water quality stand13 ards, the Administrator or State shall—

14 ‘‘(i) issue to the media and post on all 

15 affected beaches an advisory that the wa16 ters failed to meet applicable water safety 

17 standards; or 

18 ‘‘(ii) close any affected beach. 

19 ‘‘(C) REMOVAL OF ADVISORIES AND RE20 OPENINGS.—The Administrator or State may 

21 remove an advisory under subparagraph (B)(i), 

22 or reopen a beach closed under subparagraph 

23 (B)(ii)—

24 ‘‘(i) as soon as practicable after the 

25 Administrator or State collects at least 1 
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1 water sample that meets applicable water 

2 quality standards; or 

3 ‘‘(ii) 72 hours after the end of the sig4 nificant rain event, as determined by the 

5 Administrator or State. 

6 ‘‘(3) PREEMPTIVE ACTION AND TESTING.—

7 ‘‘(A) IN GENERAL.—If a Federal, State, or 

8 local program for monitoring and notification 

9 described in paragraph (1) elects not to require 

10 the conduct of the testing and public advisories 

11 described in paragraph (2), the program shall 

12 require the issuance of preemptive beach clo13 sures or advisories for each significant rain 

14 event described in paragraph (2)(A) that, as de15 termined in accordance with the model de16 scribed in subparagraph (B), is large enough to 

17 pose a significant risk of violation of 1 or more 

18 recreational water quality standards established 

19 under section 304(a)(9). 

20 ‘‘(B) MODELS.—

21 ‘‘(i) IN GENERAL.—Not later than 1 

22 year after the date of enactment of this 

23 subparagraph, and annually thereafter, 

24 each Federal, State, and local program for 

25 monitoring and notification described in 
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1 subparagraph (A) shall develop a predictive 

2 rainfall model in accordance with the pub3 lication entitled ‘Review of Potential Mod4 eling Tools and Approaches to Support the 

5 BEACH Program’ (Office of Science and 

6 Technology 823–R–99–002). 

7 ‘‘(ii) REQUIREMENTS.—A model 

8 under this subparagraph shall—

9 ‘‘(I) be based on an evaluation of 

10 the beach closure and advisory records 

11 and causes for the preceding calendar 

12 year; and 

13 ‘‘(II) be calibrated and statis14 tically validated.’’. 

15 SEC. 906. AGRICULTURAL BEST MANAGEMENT PRACTICES. 

16 Section 303 of the Federal Water Pollution Control 

17 Act (33 U.S.C. 1313) is amended by adding at the end 

18 the following: 

19 ‘‘(j) AGRICULTURAL BEST MANAGEMENT PRAC20 TICES.—

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

22 after the date of enactment of this subsection, the 

23 National Research Council of the National Academy 

24 of Sciences (referred to in this subsection as the 
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1 ‘Council’) shall submit Congress and the Adminis2 trator a report that—

3 ‘‘(A) analyzes the effectiveness of best 

4 management practices in use by agricultural 

5 producers that use fertilizer or animal wastes in 

6 agricultural operations, taking into account re7 gional differences, including soil composition 

8 and weather conditions; 

9 ‘‘(B) identifies the best management prac10 tices that are most effective in reducing nutri11 ent pollution of marine and estuarine water and 

12 freshwater, including those practices that have 

13 the potential to provide financial benefits to ag14 ricultural producers; 

15 ‘‘(C) evaluates available information 

16 sources and technologies used by agricultural 

17 producers to estimate nutrient levels needed for 

18 successful production of agricultural commod19 ities (as defined in section 102 of the Agricul20 tural Trade Act of 1978 (7 U.S.C. 5602)), in21 cluding information and technologies used to es22 timate nutrient inputs from soil, water, air, and 

23 plant tissue; 

24 ‘‘(D) identifies any outstanding needs; and 
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1 ‘‘(E) recommends best practices for devel2 oping a mass-based, balanced accounting ap3 proach to nutrient management. 

4 ‘‘(2) NUTRIENT MANAGEMENT PLANS.—

5 ‘‘(A) IN GENERAL.—Not later than 2 years 

6 after the date of submission of the report under 

7 paragraph (1), the Administrator shall by regu8 lation require agricultural producers the oper9 ations of which cause nutrients to run off or be 

10 discharged into waters identified under section 

11 303(d)(1)(A) as failing to meet an applicable 

12 water quality standard for nutrients (including 

13 bodies of water that flow into those waters), as 

14 determined by the Administrator, to develop or 

15 update and implement a nutrient management 

16 plan. 

17 ‘‘(B) REQUIREMENTS.—A nutrient man18 agement plan under subparagraph (A) shall, at 

19 a minimum—

20 ‘‘(i) include a mass-based, balanced 

21 accounting of all available nutrient sources 

22 (including soil, water, plant tissue, atmos23 pheric deposition, and nutrient applica24 tions); 
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1 ‘‘(ii) ensure that the aggregate mass 

2 of all nutrients applied by the agricultural 

3 producer does not exceed actual nutrient 

4 needs of agricultural commodities (as de5 fined in paragraph (1)(C)) produced; and 

6 ‘‘(iii) to the maximum extent prac7 ticable, as determined by the Adminis8 trator, use actual measurements rather 

9 than estimates.’’. 

10 SEC. 907. GRANTS TO STATES FOR ESTABLISHMENT OF RE11 VOLVING FUNDS. 

12 (a) IN GENERAL.—Section 601(a) of the Federal 

13 Water Pollution Control Act (33 U.S.C. 1381(a)) is 

14 amended—

15 (1) by striking ‘‘and (3)’’ and inserting ‘‘(3)’’; 

16 and 

17 (2) by inserting before the period at the end the 

18 following: ‘‘, and (4) implementation of measures to 

19 reduce urban stormwater pollution.’’. 

20 (b) PROJECTS AVAILABLE FOR ASSISTANCE.—Sec21 tion 603(c) of the Federal Water Pollution Control Act 

22 (33 U.S.C. 1383(c)) is amended—

23 (1) by striking ‘‘and (3)’’ and inserting ‘‘(3)’’; 

24 and 
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1 (2) by striking ‘‘of this Act.’’ and inserting ‘‘of 

2 this Act, (4) to any municipality or intermunicipal, 

3 interstate, or State agency for implementation of 

4 measures to reduce urban stormwater pollution, and 

5 (5) to any municipality or intermunicipal, interstate, 

6 or State agency for capital or technology costs asso7 ciated with implementation of requirements to mon8 itor, report, and notify the public of sanitary sewer 

9 overflows under section 402.’’. 

10 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

11 607 of the Federal Water Pollution Control Act (33 

12 U.S.C. 1387) is amended to read as follows: 

13 ‘‘SEC. 607. AUTHORIZATION OF APPROPRIATIONS. 

14 ‘‘There are authorized to be appropriated to carry out 

15 this title $9,200,000,000 for each of fiscal years 2006 

16 through 2010.’’. 

17 SEC. 908. AUTHORIZATION OF APPROPRIATIONS FOR SAFE 

18 DRINKING WATER STATE REVOLVING FUND. 

19 Section 1452(m) of the Safe Drinking Water Act (42 

20 U.S.C. 300j–12(m)) is amended by striking the first sen21 tence and inserting ‘‘There is authorized to be appro22 priated to carry out this section $2,000,000,000 for each 

23 of fiscal years 2006 through 2010.’’. 
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1 SEC. 909. NO PREEMPTION OF STATE OR LOCAL AUTHOR2 ITY. 

3 Nothing in this title or any amendment made by this 

4 title preempts or otherwise affects the authority of a State 

5 or local government to establish or enforce any standard 

6 that is more stringent than a standard established under 

7 this title or an amendment made by this title. 

8 TITLE X—MISCELLANEOUS 

9 PROVISIONS 

10 SEC. 1001. CITIZEN SUITS. 

11 (a) SUITS AUTHORIZED.—Any person may com12 mence a civil suit on the person’s own behalf— 

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

14 States or any other governmental instrumentality or 

15 agency (to the extent permitted by the 11th amend16 ment to the Constitution), that is alleged to be in 

17 violation of this Act; or 

18 (2) against the Administrator for a failure of 

19 the Administrator to perform any act or duty under 

20 this Act that is not discretionary. 

21 (b) JURISDICTION.—The district courts of the United 

22 States shall have jurisdiction, without regard to the 

23 amount in controversy or the citizenship of the parties, 

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

25 Administrator to perform such Act or duty, as the case 

26 may be. 
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1 (c) VENUE.—Any suit under this section shall be 

2 brought in the Federal judicial district in which occurs 

3 the violation or failure, as applicable. 

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

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

6 party, the Attorney General, at the request of the Admin7 istrator, may intervene on behalf of the United States as 

8 a matter of right. 

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

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

11 award costs of litigation (including reasonable attorney 

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

13 determines such award is appropriate. 

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

15 shall not restrict any right that any person or class of per16 sons may have under any statute or common law to seek 

17 enforcement of any standard or limitation or to seek any 

18 other relief, including relief against the Administrator or 

19 a State agency. 

20 SEC. 1002. SAVINGS PROVISIONS. 

21 Except as specifially provided, nothing in this Act 

22 may be construed to modify, limit, amend, or repeal any 

23 provision of any other law or to limit the authority of a 

24 local or State government or the Federal Government to 

25 establish more stringent standards, requirements, or re-
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1 strictions within their respective jurisdictions, in order to 

2 provide greater protection of ocean and coastal waters or 

3 resources, than the protection provided under this Act.

Æ