II

103D CONGRESS

2D SESSION S. 2241

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

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

other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 24 (legislative day, JUNE 7), 1994

Mr. MITCHELL introduced the following bill; which was read twice and

referred to the Committee on Environment and Public Works

A BILL

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

of the Gulf of Maine, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

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

5 1994’’.

6 SEC. 2. FINDINGS.

7 (a) ECONOMIC FINDINGS.—Congress makes the fol8 lowing findings regarding economic activities in the Gulf

9 of Maine region:
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1 (1) The Gulf provides significant commercial

2 benefits to the United States and Canada. The com3 mercial fishing industry of the Gulf is valued at

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

5 United States and Canadian citizens fish the marine

6 resources of the Gulf.

7 (2) The Gulf is an important recreational re8 source because the Gulf—

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

10 people;

11 (B) contains 3 United States and Cana12 dian national parks and 1 United States na13 tional marine sanctuary; and

14 (C) attracts approximately 10,000,000 visi15 tors annually.

16 (3) The Gulf provides diverse livelihoods rang17 ing from tourism-based employment to seaweed har18 vesting.

19 (b) ECOLOGICAL FINDINGS.—Congress makes the

20 following findings regarding the ecological status of the

21 Gulf of Maine region:

22 (1) The Gulf supports a wide diversity of ma23 rine life, including 100 species of birds, 73 species

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

25 including 30 federally listed endangered species in-
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1 cluding the bald eagle, sea turtle, humpback whale,

2 and sperm whale.

3 (2) The Gulf of Maine region is experiencing

4 environmental problems, including—

5 (A) high levels of toxic contaminants in

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

7 organisms within the Gulf of Maine ecosystem,

8 including the bald eagle and the American lob9 ster;

10 (B) concerns about human health that

have resulted in the closure of about 1 11 ⁄3 of Gulf

12 shellfish beds, resulting in economic losses in

13 communities around the Gulf;

14 (C) the increasing loss of habitat in the

15 Gulf region, which results in diminished coastal

16 and estuarine habitats important to migratory

17 waterfowl and commercially valuable fish spe18 cies; and

19 (D) the escalating impact of recreational

20 use on the Gulf ecosystem.

21 (c) MANAGEMENT FINDINGS.—Congress makes the

22 following findings regarding the management of the Gulf

23 of Maine region:

24 (1) The natural resources of the Gulf are inter25 connected, forming an ecosystem that transcends po-
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1 litical boundaries and that is a public resource that

2 needs national attention.

3 (2) The efforts of the States of Maine, Massa4 chusetts, and New Hampshire, and of the Canadian

5 Provinces of Nova Scotia and New Brunswick, to

6 form a Gulf of Maine Council on the Marine Envi7 ronment have laid a foundation for future efforts to

8 protect and conserve the Gulf.

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

10 research, monitoring, management, and development

11 activities within the Gulf and to coordinate the ac12 tivities.

13 SEC. 3. DEFINITIONS.

14 As used in this Act:

15 (1) ADMINISTRATOR.—The term ‘‘Adminis16 trator’’ means the Administrator of the Environ17 mental Protection Agency.

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

19 means the Gulf of Maine Agreement developed

20 under section 4(c)(1).

21 (3) COMMISSION.—The term ‘‘Commission’’

22 means the St. Croix International Waterway Com23 mission established under chapter 8 of title 38 of the

24 Maine Revised Statutes.
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1 (4) GULF OF MAINE COUNCIL.—The terms

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

3 Gulf of Maine Council established under section 4.

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

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

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

7 rivers, lakes, and other bodies of water, and the as8 sociated land mass of the bodies of water, within the

9 drainage basin of the Gulf of Maine, together with

10 the ecological community of the Gulf of Maine.

11 (6) MANAGEMENT COUNCIL.—The term ‘‘Man12 agement Council’’ means the New England Fishery

13 Management Council established under section

14 302(a)(1) of the Magnuson Fishery Conservation

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

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

17 the Secretary of Commerce.

18 SEC. 4. GULF OF MAINE COUNCIL.

19 (a) ESTABLISHMENT.—

20 (1) IN GENERAL.—There is authorized to be es21 tablished a Gulf of Maine Council to promote the en22 vironmental and economic health of the Gulf of

23 Maine region.

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

25 Maine Council shall be to facilitate the coordination
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1 of governmental and nongovernmental activities re2 lated to the Gulf of Maine region, including—

3 (A) economic development, including the

4 coordination and prioritization of applications

5 for assistance submitted under section 5;

6 (B) environmental assessment and man7 agement;

8 (C) fisheries habitat improvement and

9 management;

10 (D) marine research; and

11 (E) education and understanding concern12 ing ecological and cultural resources.

13 (3) INITIAL ORGANIZATION.—On receiving a

14 written agreement of the Governors of Maine, Mas15 sachusetts, and New Hampshire, and the Premiers

16 of Nova Scotia and New Brunswick, that is jointly

17 signed by each such Governor and Premier, to estab18 lish the Gulf of Maine Council in accordance with

19 this section, and the nominations of the Governors

20 and the Premiers to the Gulf of Maine Council, Con21 gress shall consider the Gulf of Maine Council to be

22 established.

23 (4) FEDERAL ADVISORY COMMITTEE ACT.—The

24 Federal Advisory Committee Act (5 U.S.C. App. 2)
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1 shall not apply to any entity established under this

2 Act.

3 (b) MEMBERSHIP, AUTHORITY, AND FUNDING OF

4 COUNCIL.—

5 (1) MEMBERSHIP AND PERSONNEL.—

6 (A) MEMBERSHIP.—Not later than 180

7 days after the date of enactment of this Act,

8 the Governors of Maine, Massachusetts, and

9 New Hampshire and the Premiers of Nova Sco10 tia and New Brunswick shall each appoint 3

11 representatives to the Gulf of Maine Council.

12 The representatives of the Provinces shall be ex

13 officio members of the Council.

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

15 the Gulf of Maine Council shall be 3 years, ex16 cept that, in the case of initial appointments,

17 the Governors and Premiers shall each appoint

18 1 member to a term of 2 years, 1 member to

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

20 4 years.

21 (C) EXECUTIVE SECRETARY AND STAFF.—

22 The Gulf of Maine Council may employ an exec23 utive secretary and such support staff as are

24 necessary to assist the Council, and the Boards

25 and Councils referred to in sections 5 through
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1 8, in carrying out their duties, including the co2 ordination of plans and programs developed

3 under sections 5 through 8.

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

5 Gulf of Maine Council who is not an employee

6 of the Federal Government or a State govern7 ment, while away from the home or regular

8 place of business of the member in performing

9 a duty of the Council, shall be allowed travel ex10 penses, including per diem in lieu of subsist11 ence, in the same manner as a person employed

12 intermittently in the Government service is al13 lowed expenses under section 5703 of title 5,

14 United States Code.

15 (2) DECISIONMAKING.—The Gulf of Maine

16 Council—

17 (A) may establish such bylaws and deci18 sionmaking processes as the Council determines

19 are necessary; and

20 (B) shall meet not less often than annu21 ally.

22 (3) FINANCIAL SUPPORT.—

23 (A) IN GENERAL.—

24 (i) ANNUAL BUDGET.—The Gulf of

25 Maine Council shall annually adopt by con-
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1 sensus a budget for the activities of the

2 Council.

3 (ii) STATE SUPPORT.—Each State

4 represented on the Gulf of Maine Council

5 shall provide to the Council a payment in

6 an amount equal to the quotient obtained

7 by dividing—

8 (I) the United States portion of

9 the budget adopted under clause (i);

10 by

11 (II) the number of States rep12 resented on the Council.

13 (iii) FEDERAL CONTRIBUTIONS.—The

14 Government of the United States may

15 make the payment required of a State

16 under clause (ii).

17 (B) SUPPLEMENTAL FUNDING.—The Gulf

18 of Maine Council may accept, from the Govern19 ment of the United States, the Government of

20 Canada, other agencies, corporations, organiza21 tions, and individuals, funds for activities or

22 projects to supplement funds made available to

23 the Council under subparagraph (A).

24 (4) GULF OF MAINE ADVISORY GROUP.—
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1 (A) IN GENERAL.—The Gulf of Maine

2 Council shall establish a Gulf of Maine Advisory

3 Group (referred to in this section as the ‘‘Advi4 sory Group’’) to advise the Council, the Gov5 ernors of Maine, Massachusetts, and New

6 Hampshire, and the Premiers of Nova Scotia

7 and New Brunswick on the implementation of

8 this Act.

9 (B) COMPOSITION.—The members of the

10 Advisory Group shall be appointed by the Gov11 ernors and Premiers in coordination with the

12 Gulf of Maine Council and shall include not

13 more than 15 members, including representa14 tives of the public, the fishing community, the

15 scientific community, nonprofit organizations,

16 and local governments.

17 (c) GULF OF MAINE AGREEMENT.—

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

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

20 Council shall develop and adopt a Gulf of Maine

21 Agreement. The Agreement shall set forth general

22 priorities and guidelines for the protection, assess23 ment, management, and sustainable development of

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

25 date of adoption of the Agreement. The Gulf of
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1 Maine Council shall oversee the implementation of

2 the Agreement.

3 (2) ELEMENTS OF AGREEMENT.—The Agree4 ment shall, at a minimum—

5 (A) describe long-term goals for environ6 mental protection and sustainable economic de7 velopment in the Gulf of Maine region;

8 (B) identify opportunities for improved co9 ordination of activities relating to—

10 (i) economic development;

11 (ii) fisheries management;

12 (iii) environmental assessment and

13 protection;

14 (iv) marine research; and

15 (v) education;

16 (C) be consistent with all relevant Federal

17 and State laws;

18 (D) incorporate, to the maximum extent

19 practicable, ongoing planning efforts being con20 ducted by coastal communities and members of

21 the fishing community;

22 (E) establish parameters and criteria to

23 monitor and evaluate the effectiveness of ac24 tions taken under this Act and measures to re25 spond to evaluation results; and
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1 (F) facilitate and coordinate public edu2 cation and awareness concerning the environ3 ment and economy of the Gulf of Maine region.

4 (3) REVIEW.—

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

6 Council shall provide for the participation of the

7 Advisory Group in the development of the

8 Agreement.

9 (B) PUBLIC REVIEW AND COMMENT.—The

10 Gulf of Maine Council shall provide for public

11 review and comment on the Agreement prior to

12 adoption, including, at a minimum, a public

13 hearing in each State and Province represented

14 on the Gulf of Maine Council.

15 (4) ADOPTION.—After considering the com16 ments of the Advisory Group and the public, the

17 Gulf of Maine Council shall make appropriate

18 changes to the Agreement and adopt the Agreement

19 with appropriate implementation mechanisms if the

20 Agreement is consistent with this Act.

21 (5) PROGRESS REPORT AND REVISION OF

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

23 of adoption of the Agreement, the Gulf of Maine

24 Council shall prepare a report that assesses the ex25 tent of progress in attaining the goals of this Act
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1 and make such revisions to the Agreement and the

2 structure of the Council as the Council determines

3 are appropriate. The report shall identify opportuni4 ties to enhance mutual cooperation and coordination

5 between the United States and Canada concerning

6 the Gulf of Maine region. The report shall be sub7 mitted to Congress, the Secretary, the Secretary of

8 the Interior, the Administrator, and the heads of

9 other appropriate Federal, State, and local agencies

10 and organizations.

11 (6) EXTENT OF AUTHORITY.—

12 (A) IN GENERAL.—Subject to subpara13 graph (C), the Gulf of Maine Council may re14 view, to the extent consistent with applicable

15 law, the activities of international, Federal,

16 State, and Provincial entities in the Gulf of

17 Maine region and make recommendations to the

18 entities regarding the compatibility of the ac19 tivities with the Agreement.

20 (B) REVIEW OF PLANS.—The Gulf of

21 Maine Council shall review plans prepared by

22 the Boards and Councils referred to in sections

23 5 through 8 to ensure that the plans are con24 sistent with each other and with the goals and

25 priorities established in the Agreement.
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1 (C) LIMITATIONS.—No action or rec2 ommendation authorized under this section—

3 (i) binds or obligates any department,

4 agency, officer, or Act of the Federal Gov5 ernment, any State government, any In6 dian tribe, or any international entity es7 tablished by treaty with authority relating

8 to the Gulf of Maine region, unless this

9 Act specifically provides otherwise; or

10 (ii) limits the authority of the United

11 States to enter into treaties.

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

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

14 submit a report to Congress and the President on the ac15 tivities of the Gulf of Maine Council and the effectiveness

16 of this Act in promoting the economic and environmental

17 health of the Gulf of Maine region. The report shall in18 clude recommendations for such administrative and legis19 lative action as the Council considers advisable.

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated such sums as are nec22 essary to carry out this section.

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

24 REGION.

25 (a) ECONOMIC DEVELOPMENT BOARD.—
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1 (1) ESTABLISHMENT.—The Gulf of Maine

2 Council, in cooperation with the Economic Develop3 ment Administration and the National Oceanic and

4 Atmospheric Administration of the Department of

5 Commerce, shall establish an Economic Development

6 Board (referred to in this subsection as the

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

8 plan for coordinating environmentally sound eco9 nomic assistance for the Gulf of Maine region pro10 vided under this section and from other sources.

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

12 Board shall be to identify economic assistance prior13 ities and projects with the greatest potential to aid

14 the restoration of both the economic and ecological

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

16 provide grantmaking agencies and organizations

17 with the information referred to in the preceding

18 sentence and shall carry out the responsibilities of

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

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

21 such individuals as the members of the Gulf of

22 Maine Council determine are appropriate and should

23 include representatives of the Economic Develop24 ment Administration, the Office of Sustainable De25 velopment, and the Small Business Administration
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1 of the Department of Commerce, the Department of

2 Labor, and State agencies and private entities in3 volved in economic development activities in the Gulf

4 of Maine region. The individuals who represent

5 Provinces shall be ex officio members of the Board.

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

7 an annual plan that identifies goals and objectives

8 for environmentally sound economic assistance (in9 cluding high-priority projects), describes the status

10 of any ongoing projects, and reflects the goals and

11 priorities established in the Agreement. The Board

12 shall provide for public review of and comment on

13 the plan. Prior to release of the plan for public re14 view, the Boards and Councils referred to in sections

15 6 through 8 shall review and comment on the plan.

16 (b) PLANNING GRANTS.—

17 (1) IN GENERAL.—In accordance with this sub18 section, the Secretary may provide planning grants

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

20 for 100 percent of the total project cost, as deter21 mined by the Secretary. In carrying out this para22 graph, the Secretary may enter into a cooperative

23 agreement with the Council.

24 (2) ELIGIBLE ACTIVITIES.—A cooperative

25 agreement under this subsection shall be made avail-
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1 able through the Economic Development Administra2 tion of the Department of Commerce for the plan3 ning of economic development programs designed

4 specifically to retain or create full-time permanent

5 jobs and income for individuals who are unemployed

6 or underemployed as a result of the implementation

7 of fishery management regulations imposed by the

8 Federal Government that have a severe economic im9 pact on communities in the Gulf of Maine region.

10 (c) TECHNICAL ASSISTANCE.—

11 (1) IN GENERAL.—In accordance with this sub12 section, the Secretary may provide grants for local

13 technical assistance to the Gulf of Maine Council

14 through the Economic Development Administration

15 of the Department of Commerce in an amount equal

16 to not more than 75 percent of the total project

17 cost, as determined by the Secretary.

18 (2) ELIGIBLE ACTIVITIES.—Activities eligible

19 for assistance under this subsection include—

20 (A) enabling the building and expansion of

21 local organizational capacity;

22 (B) technical or market feasibility studies;

23 (C) collecting and disseminating informa24 tion relevant to diversification efforts, including

25 stock projections, market forecasts, inter-
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1 national trade opportunities, and technology

2 needs assessment;

3 (D) conversion assistance for new

4 nonfishing occupations, including financial sup5 port for regional business development efforts,

6 and technology needs assessment;

7 (E) restoration of natural resources, such

8 as the building of fish passages and the restora9 tion of wetlands and shellfish harvesting areas,

10 that will enhance economic opportunities for

11 Gulf of Maine communities; and

12 (F) otherwise responding to developmental

13 opportunities for individuals unemployed or un14 deremployed as a result of the implementation

15 of fishery management regulations imposed by

16 the Federal Government that have a severe eco17 nomic impact on communities in the Gulf of

18 Maine region.

19 (d) ELIGIBLE APPLICANTS.—

20 (1) GRANTS.—The sole eligible applicant to re21 ceive grants under this section shall be the Gulf of

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

23 which shall be deemed to be an economic develop24 ment district for the purpose of part B of title IV
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1 of the Public Works and Economic Development Act

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

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

4 shall use grants received under this section to pro5 vide assistance for activities referred to in this sec6 tion to eligible applicants, including public and pri7 vate nonprofit national, State, area, district, and

8 local organizations, units of local government, and

9 public and private colleges and universities.

10 (e) AUTHORIZATION OF APPROPRIATIONS.—There

11 are authorized to be appropriated such sums as are nec12 essary to carry out this section.

13 SEC. 6. FISHERY MANAGEMENT PLANS.

14 (a) COORDINATION WITH EXISTING PROGRAM.—

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

16 shall cooperate with the New England Fishery Man17 agement Council established under title III of the

18 Magnuson Fishery Conservation and Management

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

20 (2) AUTHORITY.—The Management Council

21 shall continue to exercise the authorities and respon22 sibilities established in title III of such Act (16

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

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

25 Maine Council and with other organizations estab-
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1 lished under this Act in cooperative efforts to pro2 mote the environmental and economic health of the

3 Gulf of Maine region.

4 (b) RECOMMENDATIONS BY THE GULF OF MAINE

5 COUNCIL.—

6 (1) RECOMMENDATIONS.—

7 (A) TO MANAGEMENT COUNCIL.—The Gulf

8 of Maine Council may, after notice and oppor9 tunity for public comment, develop rec10 ommendations to submit to the Management

11 Council on any fishery management plan being

12 considered by the Management Council, if the

13 Gulf of Maine Council determines that the rec14 ommendations are necessary to make the fish15 ery management plan reflect the goals and pri16 orities established in the Agreement. The rec17 ommendations shall be submitted during the

18 applicable public comment period established

19 under title III of the Magnuson Fishery Con20 servation and Management Act (16 U.S.C.

21 1851 et seq.).

22 (B) TO SECRETARY.—The Gulf of Maine

23 Council may, after notice and opportunity for

24 public comment, develop recommendations,

25 based on the Agreement, to submit to the Sec-
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1 retary regarding any fishery management plan

2 of the Management Council being considered by

3 the Management Council or submitted to the

4 Secretary, including asking the Secretary to

5 convene a negotiated rulemaking provided for

6 under subchapter III of chapter 5 of title 5,

7 United States Code, for the management plan.

8 The recommendations shall be submitted during

9 the applicable public comment period estab10 lished under section 304 of the Magnuson Fish11 ery Conservation and Management Act (16

12 U.S.C. 1854).

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

14 Maine Council may submit recommendations under

15 paragraph (1) only if the recommendations are ap16 proved by a majority of the voting members of the

17 Gulf of Maine Council.

18 (3) REVIEW.—If the Secretary receives rec19 ommendations prepared by the Gulf of Maine Coun20 cil, the Secretary shall commence a review of the

21 recommendations to determine whether the rec22 ommendations are necessary to make any fishery

23 management plan consistent with the Agreement.

24 (4) CONSULTATION.—In undertaking the review

25 required under paragraph (3), the Secretary shall—
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1 (A) give careful consideration to the com2 ments and recommendations of the Gulf of

3 Maine Council; and

4 (B) provide the Gulf of Maine Council,

5 upon request, the opportunity to meet with and

6 present the comments or recommendations of

7 the Council directly to the Secretary during the

8 applicable public comment period established

9 under section 304 of the Magnuson Fishery

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

11 1854).

12 (5) NONACCEPTANCE BY THE SECRETARY.—If

13 the Secretary does not accept the recommendations

14 reviewed under paragraph (3), the Secretary shall

15 specify the reasons the recommendations were not

16 accepted.

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

18 if the Secretary concurs with the recommendations

19 submitted by the Gulf of Maine Council under this

20 subsection, the Secretary shall issue a finding to the

21 Management Council requesting that the Manage22 ment Council review the fishery management plan in

23 light of the recommendations of the Gulf of Maine

24 Council not later than 180 days after the issuance
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1 of the finding. The Secretary shall also inform the

2 Gulf of Maine Council of the finding.

3 SEC. 7. ENVIRONMENTAL MANAGEMENT AND ASSESSMENT

4 PROGRAM.

5 (a) ESTABLISHMENT.—

6 (1) IN GENERAL.—There is established an En7 vironmental Management and Assessment Program

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

9 the Gulf of Maine region.

10 (2) MANAGEMENT OF PROGRAM.—

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

12 managed by the Gulf of Maine Council on the

13 Marine Environment Working Group in exist14 ence on the date of enactment of this Act (re15 ferred to in this section as the ‘‘Working

16 Group’’).

17 (B) MEMBERS.—The Working Group shall

18 consist of such individuals as the members of

19 the Gulf of Maine Council who represent States

20 determine are appropriate. Membership should

21 include representatives of Federal, State, and

22 local governments and nonprofit organizations

23 that have environmental management and as24 sessment programs in the Gulf of Maine region.
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1 (3) PARTICIPATION IN THE PROGRAM.—The

2 Gulf of Maine Council shall ensure that—

3 (A) all Federal and State agencies that

4 have environmental management and assess5 ment programs in the Gulf of Maine region

6 have an opportunity to participate in the Pro7 gram; and

8 (B) the Program includes representation of

9 the environmental management and assessment

10 efforts being carried out by nongovernmental

11 entities in the Gulf of Maine region.

12 (b) ENVIRONMENTAL MANAGEMENT AND ASSESS13 MENT PLAN.—

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

15 the Agreement is adopted, and after providing for

16 public review and comment, the Working Group

17 shall publish a plan for improved environmental

18 management and assessment in the Gulf of Maine

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

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

21 and 8 shall review and comment on the plan.

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

23 under paragraph (1) shall—

24 (A) establish a comprehensive program for

25 the long-term monitoring and assessment of the
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1 Gulf of Maine region, based on the Gulf of

2 Maine Monitoring Plan established in 1990 by

3 the Governors of Maine, Massachusetts, and

4 New Hampshire, and the Premiers of Nova

5 Scotia and New Brunswick;

6 (B) identify environmental protection and

7 management programs being carried out in the

8 Gulf of Maine region and make recommenda9 tions for improving the effectiveness of the pro10 grams and coordination among programs;

11 (C) identify and monitor priority habitat

12 for the fish and wildlife species in the Gulf of

13 Maine region and recommend measures for

14 habitat conservation, including protection and

15 restoration; and

16 (D) reflect the goals and priorities estab17 lished in the Agreement.

18 (3) PLANNING AND IMPLEMENTATION

19 GRANTS.—The Administrator, the Secretary of Com20 merce, and the Secretary of the Interior may provide

21 planning and implementation grants to the Gulf of

22 Maine Council in an amount equal to not more than

23 75 percent of the total project cost, as determined

24 by the Administrator or the Secretary, respectively,

25 for planning and implementing environmental man-
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1 agement and assessment projects under this section.

2 In carrying out this paragraph, the Administrator

3 and each Secretary may enter into a cooperative

4 agreement with the Council.

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated such sums as are nec7 essary to carry out this section.

8 SEC. 8. GULF OF MAINE RESEARCH.

9 (a) COORDINATION WITH EXISTING PROGRAM.—

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

11 shall cooperate with the Regional Marine Research

12 Board for the Gulf of Maine region established

13 under title IV of the Marine Protection, Research,

14 and Sanctuaries Act of 1972 (16 U.S.C. 1447 et

15 seq.) and the Regional Association for Research on

16 the Gulf of Maine.

17 (2) NEW AUTHORITY.—The Regional Marine

18 Research Board for the Gulf of Maine region shall

19 continue to exercise the authorities and responsibil20 ities established in title IV of such Act (16 U.S.C.

21 1447 et seq.) and shall also participate with the Gulf

22 of Maine Council and with other organizations es23 tablished under this Act in cooperative efforts to

24 promote the environmental and economic health of

25 the Gulf of Maine region.
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1 (3) REGIONAL MARINE RESEARCH PLANS.—

2 (A) SCHEDULES.—The Regional Marine

3 Research Board for the Gulf of Maine region

4 may, in cooperation with the Gulf of Maine

5 Council and with the approval of the Secretary,

6 revise schedules for the development of research

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

8 1447c) as appropriate to ensure the effective

9 coordination of the plans and programs carried

10 out under such Act with the activities and plans

11 carried out under this Act.

12 (B) GOALS AND PRIORITIES.—The re13 search plans referred to in subparagraph (A)

14 shall reflect the goals and priorities established

15 in the Agreement. Each research plan shall be

16 reviewed by the Boards and Councils referred

17 to in sections 5 through 7 prior to approval of

18 the plan.

19 (4) CONTINUATION OF PROGRAM.—Notwith20 standing section 403(f) of the Marine Protection,

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

22 1447b(f)), the Regional Marine Research Board for

23 the Gulf of Maine region shall continue to exist until

24 the termination date specified in section 10.

25 (b) MEMBERSHIP.—
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1 (1) CURRENT STRUCTURE.—The membership

2 of the Regional Marine Research Board for the Gulf

3 of Maine region shall be as established under section

4 403 of such Act (16 U.S.C. 1447b).

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

6 Maine Council may establish a Gulf of Maine Re7 search Advisory Group consisting of such individuals

8 as the members of the Gulf of Maine Council who

9 represent Provinces identify as appropriate to rep10 resent the marine research interests, including fish11 eries science and environmental quality, of the Prov12 inces. The members of the Research Advisory Group

13 shall, to the extent practicable, be selected in a man14 ner consistent with paragraphs (1) and (2) of sec15 tion 403(b) of such Act (16 U.S.C. 1447b(b)).

16 (c) AUTHORIZATION OF APPROPRIATIONS.—Notwith17 standing section 407 of such Act (16 U.S.C. 1447f), there

18 are authorized to be appropriated such sums as are nec19 essary to carry out this section.

20 SEC. 9. ST. CROIX INTERNATIONAL WATERWAY COMMIS21 SION.

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

23 grants to the St. Croix International Waterway Commis24 sion to support the activities of the Commission.

25 (b) FEDERAL SHARE.—
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1 (1) IN GENERAL.—The Federal share of a

2 grant awarded under this section shall be 50 percent

3 of the amount of the grant award.

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

5 share of a grant awarded under this section shall be

6 50 percent of the amount of the grant award. Any

7 person, including the State of Maine, the Province

8 of New Brunswick, the Government of Canada, or

9 any political subdivision thereof, may pay the non10 Federal share.

11 (c) REPORTS.—

12 (1) SUBMISSION BY COMMISSION.—As a condi13 tion of receiving a grant award under this section,

14 the Commission shall submit to the Administrator,

15 by a date specified by the Administrator, an annual

16 report on the activities of the Commission and the

17 use by the Commission of the grant award.

18 (2) SUBMISSION BY ADMINISTRATOR.—As soon

19 as practicable after receipt of the report under para20 graph (1), the Administrator shall submit a copy of

21 the report and any written recommendations con22 cerning the report to the Committee on Environment

23 and Public Works of the Senate and the Committee

24 on Public Works and Transportation of the House

25 of Representatives.
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to the Environmental

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

4 each of fiscal years 1995 through 2000.

5 SEC. 10. TERMINATION OF AUTHORITY.

6 The authority provided by this Act (except for section

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

8 date of enactment of this Act.

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