II 

110TH CONGRESS 

2D SESSION S. 3314 

To protect the oceans and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2008 

Mrs. BOXER (for herself, Mr. CARDIN, Mr. LEVIN, and Mr. WHITEHOUSE) 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 2008’’. 

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. 

Sec. 5. Construction. 

TITLE I—NATIONAL OCEAN POLICY AND LEADERSHIP 

Sec. 101. Purposes. 


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Sec. 102. National ocean policy and principles. 

Subtitle A—National Oceanic and Atmospheric Administration 

Sec. 111. Short title. 

Sec. 112. Establishment. 

Sec. 113. Functions and purposes. 

Sec. 114. Administration. 

Sec. 115. Responsibilities of the Administrator. 

Sec. 116. Powers of the Administrator. 

Sec. 117. Enforcement. 

Sec. 118. Regional capabilities. 

Sec. 119. Intergovernmental coordination. 

Sec. 120. International consultation and cooperation. 

Sec. 121. Report on oceanic and atmospheric conditions and trends. 

Sec. 122. Conforming amendments and repeals. 

Sec. 123. Savings provision. 

Sec. 124. Transition. 

Subtitle B—Federal Coordination and Advice 

Sec. 131. National Ocean Advisor. 

Sec. 132. Council on Ocean Stewardship. 

Sec. 133. Membership of Council on Ocean Stewardship. 

Sec. 134. Functions of Council on Ocean Stewardship. 

Sec. 135. Personnel of Council on Ocean Stewardship. 

Sec. 136. National priorities for coordination. 

Sec. 137. Coordination plan. 

Sec. 138. Biennial Report to Congress. 

Sec. 139. Presidential Panel of Advisers on Oceans and Climate. 

Sec. 140. Construction. 

TITLE II—REGIONAL COORDINATION AND PLANNING 

Sec. 201. Regional Ocean Coordination. 

Sec. 202. Regional Ocean Partnerships. 

Sec. 203. Regional Ocean Strategic Plans. 

Sec. 204. Regulations. 

Sec. 205. Other authority. 

TITLE III—OCEAN SCIENCE, RESEARCH, AND EDUCATION 

Sec. 301. Committee on Ocean Science, Education, and Operations. 

Sec. 302. National Ocean Research Priorities Plan and Implementation Strategy. 

Sec. 303. Ocean Research and Education Advisory Panel. 

Sec. 304. Marine ecosystems research. 

Sec. 305. Ocean Ecosystem Resource Information Systems. 

Sec. 306. Subcommittee on Ocean Education. 

Sec. 307. Ocean and coastal education program. 

Sec. 308. Ocean Science and Technology Scholarship Program. 

Sec. 309. National Oceanic and Atmospheric Administration Office of Education. 

Sec. 310. National ocean awareness media campaign. 

TITLE IV—OCEAN AND GREAT LAKES CONSERVATION TRUST 

FUND AND AUTHORIZATION OF APPROPRIATIONS 


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Sec. 401. Ocean and Great Lakes Conservation Trust Fund. 

Sec. 402. Payments to States. 

Sec. 403. Eligibility for funding. 

Sec. 404. Funding procedures. 

Sec. 405. Equitable allocation. 

Sec. 406. Healthy Ocean Stamp. 

Sec. 407. Limitation on use of available amounts for administration. 

Sec. 408. Record keeping requirements. 

Sec. 409. Maintenance of effort and matching funding. 

Sec. 410. Authorization of appropriations. 

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 and carbon cycles and in regulating climate, 

6 sustain a large part of Earth’s biodiversity, provide 

7 an important source of food and a wealth of other 

8 natural products, act as a frontier for scientific ex9 ploration, are critical to national and economic secu10 rity, and provide a vital means of transportation. 

11 The coastal regions of the United States have re12 markably high biological productivity and contribute 

13 approximately 50 percent of the gross domestic 

14 product of the United 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 oceanic and atmospheric processes could 


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1 affect global climate patterns, ecosystem productivity 

2 and health, biodiversity, environmental quality, na3 tional security, economic competitiveness, availability 

4 of energy, vulnerability to natural hazards, and 

5 transportation safety and efficiency. 

6 (3) Human pressure on ocean resources is dras7 tically increasing. Fifty percent of the population of 

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

9 If population trends continue as expected, coastal 

10 development and urbanization impacts, which can be 

11 substantially greater than population impacts alone, 

12 will present serious environmental, energy, and 

13 water challenges and increase our vulnerability to 

14 coastal hazards. 

15 (4) Ocean resources are the property of the 

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

17 them by Federal, State, local, and tribal govern18 ments, and should be managed in a precautionary 

19 manner to preserve the full range of their benefits 

20 for present and future generations. 

21 (5) A variety of threats and practices have 

22 caused dramatic declines in the health and produc23 tivity of coastal and marine ecosystems of the 

24 United States. Among the major threats to marine 

25 ecosystem health are— 


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1 (A) chemical, nutrient, and biological pol2 lution; 

3 (B) bycatch of nontarget marine species; 

4 (C) habitat damage; 

5 (D) over fishing and use of destructive 

6 fishing practices; 

7 (E) unwise land use and coastal develop8 ment; 

9 (F) invasive species; 

10 (G) global climate change; and 

11 (H) ocean acidification. 

12 (6) These threats are exacerbated by the legal 

13 and geographic fragmentation of authority over 

14 ocean space and ocean resources. 

15 (7) Activities harming coastal and marine eco16 systems jeopardize the economies and social struc17 ture of coastal communities dependent on these re18 sources. 

19 (8) While there is a plethora of laws, govern20 ment agencies, and programs dealing with coastal 

21 resources and ocean resources, activities thereunder 

22 are poorly coordinated and do not constitute unified 

23 and comprehensive public policy toward the oceans. 

24 (9) Improving and coordinating Federal govern25 ance will require close partnerships with States, takVerDate Aug 31 2005 07:03 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3314.IS S3314

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1 ing into account their public trust responsibilities, 

2 economic and ecological interests in ocean resources, 

3 and the role of State and local governments in im4 plementation of ocean policies, and managing use of 

5 coastal lands and ocean resources. 

6 (10) Ecosystem-based management of coastal 

7 lands, oceans, and marine resources to protect, 

8 maintain, and restore the health of marine eco9 systems requires a partnership between Federal, 

10 State, local, and tribal governments. 

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

12 Government to create, foster, and maintain condi13 tions, incentives, and programs that will further and 

14 ensure the sustainable and effective conservation, 

15 management, and protection of the oceans and at16 mosphere, in order to fulfill the responsibility of 

17 each generation as trustee in protecting such re18 sources and ensuring that such resources will be 

19 available to meet the needs of future generations of 

20 people in the United States. 

21 (12) To better enable the various levels of gov22 ernment with authority over coastal and ocean 

23 space, coastal resources, and ocean resources to ful24 fill their public trust responsibilities, a unified na25 tional oceans policy that is precautionary in nature 


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1 is needed to govern the range of human activities 

2 that may significantly affect United States ocean 

3 waters and ocean resources. 

4 SEC. 3. PURPOSE. 

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

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

7 range of environmental, economic, educational, social, cul8 tural, nutritional, and recreational benefits of healthy ma9 rine ecosystems. 

10 SEC. 4. DEFINITIONS. 

11 In this Act: 

12 (1) ADMINISTRATOR.—The term ‘‘Adminis13 trator’’ means the Administrator of NOAA. 

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

15 ‘‘Commission on Ocean Policy’’ means the Commis16 sion on Ocean Policy established by section 3 of the 

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

18 (3) COUNCIL ON OCEAN STEWARDSHIP.—The 

19 term ‘‘Council on Ocean Stewardship’’ means the 

20 Council on Ocean Stewardship established in section 

21 132. 

22 (4) EXCLUSIVE ECONOMIC ZONE.—The term 

23 ‘‘Exclusive Economic Zone’’ means the Exclusive 

24 Economic Zone of the United States specified in 


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1 Presidential Proclamation Number 5030, dated 

2 March 10, 1983. 

3 (5) FEDERAL WATERS.—The term ‘‘Federal 

4 waters’’ means the waters located in the United 

5 States Exclusive Economic Zone seaward of the wa6 ters under the jurisdiction of a State. 

7 (6) MARINE.—The term ‘‘marine’’ includes 

8 ocean waters. 

9 (7) MARINE ECOSYSTEM HEALTH.—The term 

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

11 a marine ecosystem to— 

12 (A) support and maintain a productive and 

13 resilient community of organisms that has a 

14 species composition, biological diversity, and 

15 functional organization comparable to the nat16 ural habitat of the region; and 

17 (B) provide a range of goods and services 

18 to humans and other species at levels and rates 

19 comparable to those provided by a similar un20 disturbed ecosystem. 

21 (8) NATIONAL OCEAN POLICY.—The term ‘‘Na22 tional Ocean Policy’’ means the policy set forth in 

23 section 102(a)(1). 

24 (9) NOAA.—The term ‘‘NOAA’’ means the Na25 tional Oceanic and Atmospheric Administration. 


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1 (10) OCEAN; OCEAN WATERS.—The terms 

2 ‘‘ocean’’ and ‘‘ocean waters’’ include— 

3 (A)(i) coastal waters; 

4 (ii) the Great Lakes; 

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

6 territorial sea of the United States; 

7 (iv) the waters of the exclusive economic 

8 zone of the United States; 

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

10 (vi) the seabed and subsoil of and beyond 

11 the Outer Continental Shelf marine environ12 ment; and 

13 (B) the natural resources found in the 

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

15 subparagraph (A). 

16 (11) PERSON.—The term ‘‘person’’ has the 

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

18 United States Code, but also means any State, polit19 ical subdivision of a State, or agency or officer 

20 thereof. 

21 (12) REGIONAL OCEAN PARTNERSHIP.—The 

22 term ‘‘Regional Ocean Partnership’’ means a Re23 gional Ocean Partnership established or designated 

24 by the Administrator under section 202. 


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1 (13) SECRETARY.—Except as otherwise pro2 vided in this Act, the term ‘‘Secretary’’ means the 

3 Secretary of Commerce. 

4 (14) 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 SEC. 5. CONSTRUCTION. 

11 Except as specifically provided, nothing in this Act 

12 may be construed to modify, limit, amend, or repeal any 

13 provision of any other law or to limit the authority of a 

14 local or State government or the Federal Government to 

15 establish more stringent standards, requirements, or re16 strictions within their respective jurisdictions, in order to 

17 provide greater protection of ocean and coastal waters or 

18 resources, than the protection provided under this Act. 

19 TITLE I—NATIONAL OCEAN 

20 POLICY AND LEADERSHIP 

21 SEC. 101. PURPOSES. 

22 The purposes of this title are— 

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

24 oceans and atmosphere, and to establish formally 

25 the National Oceanic and Atmospheric AdministraVerDate Aug 31 2005 07:03 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3314.IS S3314

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1 tion as the lead Federal agency concerned with oce2 anic and atmospheric matters; 

3 (2) to establish in NOAA, by statute, the au4 thorities, functions, and powers relating to the con5 servation, management, and protection of the oceans 

6 and atmosphere that have previously been estab7 lished by statute or reorganization plan; 

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

9 the Administrator, and the principal officers of the 

10 Administrator; 

11 (4) to establish a mechanism for Federal lead12 ership and coordinated action on national oceanic 

13 and atmospheric priorities that are essential to the 

14 economic and environmental security of the United 

15 States; and 

16 (5) to enhance Federal partnerships with State 

17 and local governments with respect to ocean activi18 ties, including management of ocean resources and 

19 identification of appropriate opportunities for policy20 making and decision-making at the State and local 

21 level. 

22 SEC. 102. NATIONAL OCEAN POLICY AND PRINCIPLES. 

23 (a) NATIONAL OCEAN POLICY.— 

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

25 States to protect, maintain, and restore marine ecoVerDate Aug 31 2005 07:03 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3314.IS S3314

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1 system health in order to fulfill the ecological, eco2 nomic, educational, social, cultural, nutritional, rec3 reational, and other requirements of current and fu4 ture generations of Americans. 

5 (2) PRINCIPLES.—The National Ocean Policy 

6 shall be implemented in accordance with the fol7 lowing principles: 

8 (A) Policies, programs, and activities 

9 should minimize negative environmental im10 pacts to ocean waters, coastal waters, and 

11 ocean resources and be conducted so that by 

12 themselves or cumulatively they do not under13 mine the protection, maintenance, and restora14 tion of marine ecosystem health. 

15 (B) Ocean waters, coastal waters, and 

16 ocean resources should be managed to meet the 

17 needs of the present generation without com18 promising the ability of future generations to 

19 meet their needs. 

20 (C) Ocean waters, coastal waters, and 

21 ocean resources should be managed using eco22 system-based management. 

23 (D) The lack of scientific certainty should 

24 not be used as justification for postponing ac25 tion to prevent negative environmental impacts. 


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1 In cases in which significant threats to marine 

2 ecosystem health exist, the best of the available 

3 science should be used to manage ocean waters, 

4 coastal waters, and ocean resources in a man5 ner that gives the greatest weight to the protec6 tion, maintenance, and restoration of marine 

7 ecosystem health. 

8 (E) Policies, programs, and activities rec9 ognize the interconnectedness of the land, at10 mosphere including climate, and oceans includ11 ing ocean waters, coastal waters, and ocean re12 sources, and should recognize that actions af13 fecting one of these, such as the climate, are 

14 likely to affect another, such as ocean re15 sources. 

16 (F) Potential uses of ocean waters, coastal 

17 waters, and ocean resources should be managed 

18 in a way that balances competing uses and does 

19 not undermine the protection, maintenance, and 

20 restoration of marine ecosystem health. 

21 (b) IMPLEMENTATION.— 

22 (1) REQUIREMENT.—To the fullest extent pos23 sible and to the extent not inconsistent with other 

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1 ister policies, regulations and laws in accordance 

2 with the National Ocean Policy. 

3 (2) GUIDANCE.— 

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

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

6 National Ocean Advisor shall develop and issue 

7 guidance, consistent with the National Ocean 

8 Policy, for the development of Federal agency 

9 regulations to implement the National Ocean 

10 Policy. 

11 (B) PUBLIC PARTICIPATION.—The Na12 tional Ocean Advisor shall provide adequate op13 portunity for public comment and review during 

14 the development of the guidance under subpara15 graph (A). 

16 (c) AGENCY ACTIONS.— 

17 (1) REGULATIONS.— 

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

19 the issuance of the guidance under subsection 

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

21 revised regulations to ensure consistency with 

22 the National Ocean Policy for any actions un23 dertaken, authorized, or funded by the agency 

24 that may significantly affect ocean waters, 

25 coastal waters, or ocean resources. 


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

2 Federal agency shall— 

3 (i) publish proposed regulations under 

4 this subsection in the Federal Register; 

5 and 

6 (ii) provide a period for public com7 ment of not less than 60 days before final 

8 regulations are published under this sub9 section. 

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

11 of the guidance under subsection (b)(2), each Fed12 eral agency, shall— 

13 (A) conduct a review of the existing poli14 cies, regulations, and laws that apply to the 

15 agency and identify any inconsistencies that 

16 preclude the agency from fully implementing 

17 the National Ocean Policy; and 

18 (B) submit to the Council on Ocean Stew19 ardship, the Committee on Natural Resources 

20 of the House of Representatives, and the Com21 mittee on Commerce, Science, and Transpor22 tation of the Senate a report on such review 

23 that includes proposals as may be necessary to 

24 eliminate such inconsistencies. 


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1 Subtitle A—National Oceanic and 

2 Atmospheric Administration 

3 SEC. 111. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Ernest ‘Fritz’ Hol5 lings National Ocean Policy and Leadership Act’’. 

6 SEC. 112. ESTABLISHMENT. 

7 There is established an agency to be known as the 

8 National Oceanic and Atmospheric Administration, which 

9 shall be the civilian agency principally responsible for pro10 viding oceanic, weather, and atmospheric services, and 

11 supporting research, conservation, management, and edu12 cation to the Nation. The National Oceanic and Atmos13 pheric Administration established under this Act shall suc14 ceed the National Oceanic and Atmospheric Administra15 tion established on October 3, 1970, in Reorganization 

16 Plan No. 4 of 1970, and shall continue the activities of 

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

18 effective date of this Act. 

19 SEC. 113. FUNCTIONS AND PURPOSES. 

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

21 following functions, through which it shall carry out the 

22 policy of this Act in a coordinated, integrated, and eco23 system-based manner for the benefit of the United States: 


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1 (1) Management, conservation, protection, and 

2 restoration of ocean resources, including living ma3 rine resources, habitats, and ocean ecosystems. 

4 (2) Observation, monitoring, assessment, fore5 casting, prediction, operations, and exploration of 

6 oceanic and atmospheric environments including 

7 weather, climate, navigation, and marine resources. 

8 (3) Research, education and outreach, technical 

9 assistance, and technology development and innova10 tion activities relating to oceanic and atmospheric 

11 environments, including basic scientific research and 

12 activities that support other agency functions and 

13 missions. 

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

15 transferred to the Administrator any authority established 

16 by law that, before the date of the enactment of this Act, 

17 was vested in the Secretary of Commerce and pertains to 

18 the functions, responsibilities, or duties of NOAA under 

19 subsection (a). 

20 SEC. 114. ADMINISTRATION. 

21 (a) ADMINISTRATOR.— 

22 (1) APPOINTMENT.—NOAA shall be adminis23 tered by the Administrator, who shall be appointed 

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

25 of the Senate. 


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1 (2) COMPENSATION.—The Administrator shall 

2 be compensated at the rate provided for level III of 

3 the Executive Schedule under section 5314 of title 

4 5, United States Code. 

5 (3) QUALIFICATIONS.—The Administrator shall 

6 have a broad background, professional knowledge, 

7 and substantial experience in oceanic or atmospheric 

8 affairs, including any field relating to marine or at9 mospheric science and technology, biological 

10 sciences, or engineering, as well as education, eco11 nomics, governmental affairs, planning, law, or 

12 international affairs. 

13 (4) AUTHORITY.—The Administrator shall 

14 carry out all functions transferred to the Adminis15 trator by this Act and shall have authority and con16 trol over all personnel, programs, and activities of 

17 NOAA. 

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

19 Deputy Administrator of NOAA, who shall be appointed 

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

21 the Senate, based on the individual’s professional quali22 fications and without regard to political affiliation. The 

23 Deputy Administrator shall have a broad background, pro24 fessional knowledge, and substantial experience in oceanic 

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1 nology, and education. The Deputy Administrator shall 

2 serve as an adviser to the Administrator on program and 

3 policy issues, including crosscutting program areas such 

4 as research, technology, and education, and shall perform 

5 such functions and exercise such powers as the Adminis6 trator may prescribe. The Deputy Administrator shall act 

7 as Administrator during the absence or disability of the 

8 Administrator or in the event of a vacancy in the office 

9 of the Administrator. The Deputy Administrator shall be 

10 the Administrator’s first assistant for purposes of sub11 chapter III of chapter 33 of title 5, United States Code, 

12 and shall be compensated at the rate provided for level 

13 IV of the Executive Schedule under section 5315 of title 

14 5, United States Code. 

15 (c) ASSOCIATE ADMINISTRATOR FOR OCEAN MAN16 AGEMENT AND OPERATIONS.—There shall be an Associate 

17 Administrator for Ocean Management and Operations of 

18 NOAA, who shall be appointed by the President, by and 

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

20 Administrator for Ocean Management and Operations 

21 shall have a broad background, professional knowledge, 

22 and substantial experience in oceanic or atmospheric pol23 icy or programs, and shall perform such duties and exer24 cise such powers as the Administrator shall from time to 

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1 pensated at the rate provided for level V of the Executive 

2 Schedule under section 5316 of title 5, United States 

3 Code. 

4 (d) ASSOCIATE ADMINISTRATOR FOR CLIMATE AND

5 ATMOSPHERE.—There shall be an Associate Adminis6 trator for Climate and Atmosphere of NOAA, who shall 

7 be appointed by the President, by and with the advice and 

8 consent of the Senate. The Associate Administrator for 

9 Climate and Atmosphere shall have a broad background, 

10 professional knowledge, and substantial experience in oce11 anic or atmospheric policy or programs, and shall perform 

12 such duties and exercise such powers as the Administrator 

13 shall from time to time designate. The Associate Adminis14 trator shall be compensated at the rate provided for level 

15 V of the Executive Schedule under section 5316 of title 

16 5, United States Code. 

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

18 Chief Operating Officer of NOAA, who shall assume the 

19 responsibilities held by the Deputy Under Secretary of 

20 Commerce prior to the date of the enactment of this Act. 

21 The Chief Operating Officer shall be responsible for ensur22 ing the timely and effective implementation of NOAA’s 

23 purposes and authorities and shall provide resource, budg24 et, and management support to the Office of the Adminis25 trator. The Chief Operating Officer shall be responsible 


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1 for all aspects of NOAA operations and management, in2 cluding budget, financial operations, information services, 

3 facilities, human resources, procurement, and associated 

4 services. The Chief Operating Officer shall be a Senior Ex5 ecutive Service position authorized under section 3133 of 

6 title 5, United States Code. 

7 (f) ASSISTANT ADMINISTRATORS.—There shall be at 

8 least 3, but not more than 4, Assistant Administrators of 

9 NOAA. The Assistant Administrators shall perform such 

10 programmatic and policy functions as the Administrator 

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

12 background, professional knowledge, and substantial expe13 rience in 1 or more of the following aspects of oceanic and 

14 atmospheric affairs: 

15 (1) Resource management, protection, and res16 toration. 

17 (2) Operations, forecasting, and services, in18 cluding weather and climate. 

19 (3) Science, technology, and education. 

20 (g) GENERAL COUNSEL.—There shall be a General 

21 Counsel of NOAA appointed by the President upon rec22 ommendation by the Administrator. The General Counsel 

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

24 that may arise in connection with the conduct of the func25 tions of NOAA. 


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1 (h) COMMISSIONED OFFICERS.— 

2 (1) The Administrator shall designate an officer 

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

4 vessel and aircraft fleets and for the administration 

5 of NOAA’s commissioned officer corps under subtitle 

6 B of title II of the National Oceanic and Atmos7 pheric Administration Commissioned Officer Corps 

8 Act of 2002 (33 U.S.C. 3021 et seq.). 

9 (2) The Commissioned Officer Corps of the Na10 tional Oceanic and Atmospheric Administration es11 tablished by Reorganization Plan No. 4 of October 

12 3, 1970, as in effect on the day before the date of 

13 the enactment of this Act, is the Commissioned Offi14 cer Corps of NOAA established under this Act. 

15 (3) All statutes that applied to officers of the 

16 Commissioned Officers Corps of NOAA on the day 

17 before the date of the enactment of this Act apply 

18 to officers of the Corps on and after such date. 

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

20 of the Commissioned Officers Corps of NOAA not 

21 less than 350 officers, plus any additional officers 

22 necessary to support NOAA’s missions and the oper23 ation and maintenance of NOAA’s ships and air24 craft. 


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1 (5) The President may appoint, by and with the 

2 advice and consent of the Senate, 2 commissioned 

3 officers to serve at any one time as the designated 

4 heads of 2 principal constituent organizational enti5 ties of NOAA, or the President may designate 1 

6 such officer as the head of such an organizational 

7 entity and the other as the head of the commis8 sioned corps of NOAA. Any such designation shall 

9 create a vacancy on the active list and the officer 

10 while serving under this subsection shall have the 

11 rank, pay, and allowances of a rear admiral (upper 

12 half). 

13 (6) Any commissioned officer of NOAA who has 

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

15 serving or is retired after the completion of such 

16 service while serving in a lower rank or grade, shall 

17 be retired with the rank, pay, and allowances au18 thorized by law for the highest grade and rank held 

19 by him, but any such officer, upon termination of 

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

21 unless appointed or assigned to some other position 

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

23 to the grade and number the officer would have oc24 cupied had he not served in a rank above that of 


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1 captain and such officer shall be an extra number in 

2 that grade. 

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

4 detail a Naval Deputy to the Administrator. This position 

5 shall be filled on an additional duty basis by the Oceanog6 rapher of the Navy. The Naval Deputy shall— 

7 (1) act as a liaison between the Administrator 

8 and the Secretary of the Navy in order to avoid du9 plication between Federal oceanographic and atmos10 pheric activities; and 

11 (2) ensure coordination and joint planning by 

12 NOAA and the Navy on research, meteorological, 

13 oceanographic, and geospatial information services, 

14 and programs of mutual organizational interest. 

15 SEC. 115. RESPONSIBILITIES OF THE ADMINISTRATOR. 

16 In addition to administering and carrying out all ac17 tivities, programs, functions, and duties, and exercising 

18 the powers that are assigned, delegated, or transferred to 

19 the Administrator by this Act, any other statute, or the 

20 President, the responsibilities of the Administrator in21 clude— 

22 (1) managing, conserving, protecting, and re23 storing of ocean resources, including— 


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1 (A) living marine resources (including fish2 eries, vulnerable species and habitats, and ma3 rine biodiversity); 

4 (B) ocean areas (including marine sanc5 tuaries, estuarine reserves, and other managed 

6 areas); 

7 (C) marine aquaculture; 

8 (D) the protection of ocean environments 

9 from threats to human and ecosystem health, 

10 including pollution and invasive species; 

11 (E) the sustainable management, beneficial 

12 use, protection, and development of coastal re13 gions; and 

14 (F) the mitigation of impacts of natural 

15 and man-made hazards, including climate 

16 change; 

17 (2) partnering with, and supporting, State and 

18 local communities in undertaking management, con19 servation, protection, and restoration of ocean re20 sources described in paragraph (1); 

21 (3) observing, analyzing, processing, and com22 municating comprehensive data and information con23 cerning the State of— 

24 (A) the upper and lower atmosphere; 

25 (B) the oceans and ocean resources; and 


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1 (C) the Earth and near space environment; 

2 (4) collecting, storing, analyzing, and providing 

3 reliable scientific information relating to weather (in4 cluding space weather), climate, air quality, water, 

5 navigation, marine resources, and ecosystems that 

6 may be used as a basis for sound management, pol7 icy, and public safety decisions; 

8 (5) carrying out broadly based data, observing, 

9 monitoring, and information activities, programs, 

10 and systems relating to oceanic and atmospheric 

11 monitoring and prediction, weather forecasting, and 

12 storm warning, including satellite-based and insitu 

13 data collection and associated services; 

14 (6) carrying out weather forecasting, storm 

15 warnings, and other responsibilities of the Secretary 

16 of Commerce and the National Weather Service 

17 under Reorganization Plan No. 2 of 1965, Reorga18 nization Plan No. 4 of 1970 (as in effect on the day 

19 before the date of the enactment of this Act), sec20 tions 3 and 4 of the Act of October 1, 1890 (15 

21 U.S.C. 312 and 313) and the Weather Service Mod22 ernization Act (15 U.S.C. 313 note), and all other 

23 statutes, rules, plans, and orders in pari materia; 

24 (7) providing navigation and assessment oper25 ations and services, including maps and charts for 


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1 the safety of marine and air navigation, maintaining 

2 a network of geographic reference coordinates for 

3 geodetic control, and observing, charting, mapping, 

4 and measuring the marine environment and ocean 

5 resources; 

6 (8) developing and improving geodetic and map7 ping methods and studies of geophysical phenomena 

8 such as crustal movement, Earth tides, and ocean 

9 circulation, including estuarine areas; 

10 (9) collecting, disseminating, and maintaining 

11 on a continuing basis information relating to the 

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

13 oceans and the atmosphere, to all interested parties, 

14 including through an integrated ocean observing sys15 tem and national and regional ecosystem-based in16 formation management systems; 

17 (10) administering, operating, and maintaining 

18 satellite and insitu systems that can monitor global 

19 and regional atmospheric weather conditions, climate 

20 and related oceanic, solar, hydrological, and other 

21 environmental conditions, collect information re22 quired for research on weather, climate, and related 

23 environmental matters, and monitor the extent of 

24 human-induced changes in the lower and upper at25 mosphere and the related environment; 


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1 (11) collecting, analyzing, and disseminating 

2 environmental information, in support of environ3 mental research and development, including data in 

4 the fields of climatology, atmospheric sciences, 

5 oceanography, biology, geology, geophysics, solar-ter6 restrial relationships, and the relationship among 

7 oceans, climate, and human health; 

8 (12) undertaking a comprehensive, integrated, 

9 and ecosystem-based program of oceanic, climate, 

10 and atmospheric research related to, and supportive 

11 of, the missions of NOAA and which uses research 

12 products, new findings, and methodologies to develop 

13 the most current scientific advice for ecosystem14 based management; 

15 (13) conducting environmental research and de16 velopment activities that are necessary to advance 

17 the United States oceanic, atmospheric, engineering, 

18 and technology expertise, including the development 

19 and operation of observing platforms such as ships, 

20 aircraft, satellites, data buoys, manned or unmanned 

21 research submersibles, underwater laboratories or 

22 platforms, and improved instruments and calibration 

23 methods, and the advancement of undersea diving 

24 techniques; 


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1 (14) conducting a continuing program of ocean 

2 exploration and discovery and conservation of signifi3 cant undersea resources, including cultural re4 sources, to benefit, inform, and inspire the people of 

5 the United States, including communication of such 

6 knowledge to policymakers and the public; 

7 (15) developing and implementing, in coopera8 tion with other agencies and entities as appropriate, 

9 national oceanic and atmospheric education, tech10 nical assistance, extension services, and outreach 

11 programs designed to increase literacy concerning 

12 oceanic and atmospheric issues, develop a diverse 

13 workforce, and enhance stewardship of oceanic and 

14 atmospheric resources and environments; 

15 (16) ensuring the execution and implementation 

16 of national oceanic, atmospheric, and environmental 

17 policy goals through a variety of oceanic and atmos18 pheric programs; 

19 (17) undertaking activities involving the inte20 gration of domestic and international policy relating 

21 to the oceans and the atmosphere, including the pro22 vision of technical advice to the President on inter23 national negotiations involving ocean resources, 

24 ocean technologies, and climate matters; 


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1 (18) providing for, encouraging, and assisting 

2 public participation in the development and imple3 mentation of oceanic and atmospheric policies and 

4 programs; 

5 (19) conducting, supporting, and coordinating 

6 efforts to enhance public awareness of NOAA, its 

7 purposes, programs, and activities, and the results 

8 thereof, including education and outreach to the 

9 public, teachers, students, and ocean resource man10 agers; 

11 (20) partnering with other government agen12 cies, States, academia, and the private sector, via co13 operative agreements or other formal or informal ar14 rangements, to improve the acquisition of data and 

15 information and the implementation of management, 

16 monitoring, research, exploration, education, and 

17 other programs; 

18 (21) partnering with other Federal agencies 

19 and with States and communities to address the 

20 issues of land-based activities and their impact on 

21 the ocean environment; 

22 (22) working with other Federal agencies, 

23 State, tribal, and local governments, and the public 

24 to improve regional coordination and integration and 


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1 promote ecosystem-based management of coasts, 

2 oceans, and the Great Lakes; and 

3 (23) coordinating with other Federal agencies 

4 that have related responsibilities. 

5 SEC. 116. POWERS OF THE ADMINISTRATOR. 

6 (a) DELEGATION.—Unless otherwise prohibited by 

7 law or reserved by the Secretary of Commerce, the respon8 sibilities of the Administrator may be delegated by the Ad9 ministrator to other officials in NOAA, and may be redele10 gated as authorized by the Administrator. 

11 (b) REGULATIONS.—The Administrator may issue, 

12 amend, or rescind such rules and regulations as are nec13 essary or appropriate to carry out the responsibilities and 

14 functions of the Administrator. The promulgation of such 

15 rules and regulations shall be governed by the provisions 

16 of chapter 5 of title 5, United States Code. 

17 (c) CONTRACTS.—The Administrator may, without 

18 regard to subsection (a) or (b) of section 3324 of title 31, 

19 United States Code, enter into and perform such con20 tracts, leases, grants, cooperative agreements, or other 

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

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

23 NOAA’s purposes and authorities, on terms the Adminis24 trator deems appropriate, with Federal agencies, instru25 mentalities, and laboratories, State and local governments, 


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1 regional and interstate entities, Native American tribes 

2 and organizations, international organizations, foreign 

3 governments, educational institutions, nonprofit organiza4 tions, commercial organizations, and other public and pri5 vate persons or entities. 

6 (d) GIFTS AND DONATIONS.— 

7 (1) IN GENERAL.—Notwithstanding section 

8 1342 of title 31, United States Code, and subject to 

9 such conditions and covenants as the Administrator 

10 deems appropriate, the Administrator may accept, 

11 hold, administer, and utilize— 

12 (A) gifts, bequests, or donations of serv13 ices, money, or property, real or personal (in14 cluding patents and rights thereunder), mixed, 

15 tangible or intangible, or any interest therein; 

16 (B) contributions of funds; and 

17 (C) funds from Federal agencies, instru18 mentalities, and laboratories, State and local 

19 governments, Native American tribes and orga20 nizations, international organizations, foreign 

21 governments, educational institutions, nonprofit 

22 organizations, commercial organizations, and 

23 other public and private persons or entities. 

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

25 The Administrator may use property and services 


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

2 the mission and purposes of NOAA. Amounts ac3 cepted by NOAA under paragraph (1) shall be avail4 able for obligation by NOAA, and shall be available 

5 for expenditure by NOAA to carry out the mission 

6 and purposes of NOAA. 

7 (e) FACILITIES AND PERSONNEL.—The Adminis8 trator may use the services, equipment, personnel, and fa9 cilities of Federal agencies, instrumentalities and labora10 tories, State and local governments, Native American 

11 tribes and organizations, international organizations, for12 eign governments, educational institutions, nonprofit orga13 nizations, commercial organizations, and other public and 

14 private persons or entities, with the consent of such per15 sons or entities, and with or without reimbursement. 

16 (f) INFORMATION.—The Administrator shall provide 

17 for the most practicable and widest appropriate dissemina18 tion of information concerning NOAA, its purposes, pro19 grams, and activities, and the results thereof, including 

20 authority to conduct education, technical assistance, and 

21 outreach to the public, teachers, students, and ocean and 

22 coastal resource managers. 

23 (g) ACQUISITION AND CONSTRUCTION.—The Admin24 istrator may— 


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

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

3 or property, real or personal (including patents and 

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

5 any interest therein; and 

6 (2) construct, improve, repair, operate, main7 tain, or dispose of real or personal property, includ8 ing buildings, facilities, and land. 

9 SEC. 117. ENFORCEMENT. 

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

11 authority to enforce the applicable provisions of any Act 

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

13 delegated, or transferred to the Administrator, and any 

14 term of a license, permit, regulation, or order issued pur15 suant thereto. The Administrator may designate any per16 son, officer, or agency to exercise the authority of the Ad17 ministrator under this title. 

18 (b) USE OF STATE PERSONNEL.— 

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

20 (A) utilize by agreement, with or without 

21 reimbursement, the personnel, services, and fa22 cilities of any State agency to the extent the 

23 Administrator deems it necessary and appro24 priate for effective enforcement of any law for 


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1 which the Administrator has enforcement au2 thority; and 

3 (B) designate such personnel to exercise 

4 the enforcement authority of the Administrator 

5 under subsection (a). 

6 (2) STATUS AND POWERS.—Any personnel des7 ignated by the Administrator under paragraph 

8 (1)(B)— 

9 (A) shall not be deemed to be Federal em10 ployees (except as provided in subparagraph 

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

12 of law relating to Federal employment, includ13 ing those relating to hours of work, competitive 

14 examination, rates of compensation, and Fed15 eral employee benefits, but may be considered 

16 to be eligible for compensation for work-related 

17 injuries under subchapter III of chapter 81 of 

18 title 5, United States Code, sustained while act19 ing pursuant to such designation; 

20 (B) shall be considered to be investigative 

21 or law enforcement officers of the United States 

22 for purposes of the tort claim provisions of title 

23 28, United States Code; 

24 (C) may, to the extent specified by the Ad25 ministrator, search, seize, arrest, and exercise 


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1 any other law enforcement functions or authori2 ties described in this title where such authori3 ties are made applicable by this or other law to 

4 employees, officers, or other persons designated 

5 or employed by the Administrator; and 

6 (D) shall be considered to be officers or 

7 employees of the Department of Commerce for 

8 purposes of sections 112 and 1114 of title 18, 

9 United States Code. 

10 (c) COOPERATIVE ENFORCEMENT AGREEMENTS.— 

11 The Administrator may enter into cooperative agreements 

12 with State authorities to ensure coordinated enforcement 

13 of State and Federal laws and by such agreements may 

14 assume enforcement authority under State law when the 

15 Administrator and State authorities deem it to be appro16 priate. When so authorized, the Administrator or the Ad17 ministrator’s designee may function as a State law en18 forcement officer within the scope of the delegation, except 

19 that Federal law shall control the resolution of any conflict 

20 concerning the employee status of any Federal officer 

21 while enforcing State law. 

22 SEC. 118. REGIONAL CAPABILITIES. 

23 The Administrator shall— 

24 (1) organize agency activities and programs 

25 around common ecoregional boundaries identified 


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1 through a process established by the Council on 

2 Ocean Stewardship, based upon recommendations 

3 contained in the report of the Commission on Ocean 

4 Policy, and coordinated with the Regional Ocean 

5 Partnerships, so as to— 

6 (A) enhance inter- and intra-agency co7 operation; 

8 (B) maximize Federal capabilities in such 

9 region; 

10 (C) develop coordinated, ecosystem-based 

11 management and research programs; 

12 (D) develop research partnerships with 

13 States, Regional Ocean Partnerships, and aca14 demic institutions; 

15 (E) substantially improve the ability of the 

16 public to contact and work with all relevant 

17 Federal agencies; and 

18 (F) maximize opportunities to work in 

19 partnership with States and Regional Ocean 

20 Partnerships in order to facilitate ecoregional 

21 management and enhance State, Regional 

22 Ocean Partnership, and local capacity to man23 age issues on an ecoregional basis; 

24 (2) work with other Federal agencies, including 

25 the Environmental Protection Agency, the United 


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

2 of Engineers, and State agencies to— 

3 (A) encourage similar ecoregional organiza4 tion and, if appropriate, colocation of related 

5 programs and facilities to achieve goals de6 scribed in paragraph (1); and 

7 (B) plan and implement ecoregional activi8 ties to encourage early cooperation, coordina9 tion, and integration across the Federal agen10 cies and with relevant State programs, and to 

11 assure applicable Federal and State ocean poli12 cies; and 

13 (3) ensure that NOAA consults with the States 

14 and Regional Ocean Partnerships established under 

15 section 302, develop regional information programs 

16 as recommended by the Commission on Ocean Pol17 icy, including— 

18 (A) coordinated research strategies; 

19 (B) integrated oceanic and atmospheric 

20 monitoring and observation activities; and 

21 (C) establishment of service centers and 

22 coordinators to support development of innova23 tive tools, technologies, training, and technical 

24 assistance to facilitate the implementation of 

25 ecosystem-based management. 


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1 SEC. 119. INTERGOVERNMENTAL COORDINATION. 

2 (a) AVOIDANCE OF DUPLICATIVE REQUIREMENTS.— 

3 In administering the provisions of this Act, the Adminis4 trator shall consult and coordinate with the head of any 

5 Federal agency having authority to issue any license, 

6 lease, or permit to engage in an activity related to the 

7 functions of the Administrator for purposes of assuring 

8 that inconsistent or duplicative requirements are not im9 posed upon any applicant for, or holder of, any such li10 cense, lease, or permit. 

11 (b) AVOIDANCE OF INCONSISTENT AND CONFLICTING

12 ACTIVITIES AND POLICIES.—To identify and resolve in13 consistent or conflicting Federal oceanic and atmospheric 

14 activities and policies, the Administrator shall— 

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

16 Federal agency on the activities and policies of that 

17 agency to provide services related to the functions of 

18 the Administrator; 

19 (2) request the head of any Federal agency to 

20 provide clarification and justification of those activi21 ties and policies that the Administrator determines 

22 are inconsistent or conflicting with the Administra23 tor’s functions; and 

24 (3) issue, as the Administrator deems appro25 priate, reports to the President, the Council on 

26 Ocean Stewardship, the head of any Federal agency, 


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1 and Congress concerning inconsistent or conflicting 

2 activities and policies of any Federal agency relating 

3 to oceanic and atmospheric activities, including rec4 ommendations on how to reconcile inconsistent and 

5 conflicting Federal oceanic and atmospheric activi6 ties and policies throughout the Federal Govern7 ment. 

8 (c) CONSULTATION WITH ADMINISTRATOR.—The 

9 head of any Federal agency or department, and all other 

10 Federal officials, having responsibilities related to the 

11 functions of the Administrator shall consult with the Ad12 ministrator when the subject matter of actions or activities 

13 described in this Act are directly involved, to ensure that 

14 all such activities are well coordinated. 

15 (d) COORDINATION WITH STATES.—The Adminis16 trator shall ensure that NOAA programs work with the 

17 States to encourage early cooperation, coordination, and 

18 integration of State and Federal oceanic and atmospheric 

19 programs, including planning and implementing 

20 ecoregional activities. 

21 (e) OFFICE OF INTERGOVERNMENTAL AFFAIRS.— 

22 The Administrator shall establish an Office of Intergov23 ernmental Affairs to assist in implementing this section 

24 and to facilitate planning of joint programs between 


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1 NOAA line offices and other Federal agencies or depart2 ments, including the Department of Defense. 

3 SEC. 120. INTERNATIONAL CONSULTATION AND COOPERA4 TION. 

5 (a) COOPERATION WITH SECRETARY OF STATE.— 

6 The Administrator shall cooperate to the fullest prac7 ticable extent with the Secretary of State in providing rep8 resentation at all meetings and conferences relating to ac9 tions or activities described in this Act in which represent10 atives of the United States and foreign countries partici11 pate. 

12 (b) CONSULTATION WITH ADMINISTRATOR.—The 

13 Secretary of State and all other officials having respon14 sibilities for agreements, treaties, or understandings with 

15 foreign nations and international bodies shall consult with 

16 the Administrator when the subject matter or activities 

17 described in this Act are involved, with a view to ensuring 

18 that such interests are adequately represented. 

19 SEC. 121. REPORT ON OCEANIC AND ATMOSPHERIC CONDI20 TIONS AND TRENDS. 

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

22 of this Act, and biennially thereafter, the Administrator 

23 shall, in consultation with relevant Federal and State 

24 agencies and departments, submit to Congress a report 

25 on— 


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1 (1) the status and condition of the United 

2 States oceanic and atmospheric environments, in3 cluding with respect to climate change; 

4 (2) current and foreseeable trends in the qual5 ity, management, and utilization of such environ6 ments; and 

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

8 economic, ecological, and other requirements of the 

9 United States. 

10 SEC. 122. CONFORMING AMENDMENTS AND REPEALS. 

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

12 Plan No. 4 of 1970 (15 U.S.C. 1511 note) is repealed. 

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

14 National Oceanic and Atmospheric Administration, the 

15 Under Secretary of Commerce for Oceans and Atmosphere 

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

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

18 and Atmospheric Administration, in any law, rule, regula19 tion, certificate, directive, instruction, or other official 

20 paper in force on the day before the date of the enactment 

21 of this Act shall be deemed to refer and apply to the Na22 tional Oceanic and Atmospheric Administration estab23 lished in this Act, or the position of Administrator estab24 lished in this Act, respectively. 


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1 (c) REFERENCES TO NOAA AS WITHIN THE DE2 PARTMENT OF COMMERCE.— 

3 (1) NOAA OFFICERS.—Section 407 of the Act 

4 entitled ‘‘An Act to amend certain provisions of the 

5 law regarding the fisheries of the United States, and 

6 for other purposes’’, approved November 14, 1986 

7 (Public Law 99–659; 110 Stat. 3739) is repealed. 

8 (2) BUREAUS IN NOAA.—Section 12 of the Act 

9 of February 14, 1903 (15 U.S.C. 1511) is amend10 ed— 

11 (A) by striking paragraph (1); 

12 (B) by redesignating paragraphs (2) 

13 through (6) as paragraphs (1) through (5), re14 spectively; and 

15 (C) in paragraph (3), as so redesignated, 

16 by inserting a semicolon at the end. 

17 (d) CONFORMING AMENDMENT.—Section 5315 of 

18 title 5, United States Code, is amended by striking ‘‘As19 sistant Secretaries of Commerce (11).’’ and inserting ‘‘As20 sistant Secretaries of Commerce (10).’’. 

21 SEC. 123. SAVINGS PROVISION. 

22 All rules and regulations, determinations, standards, 

23 contracts, certifications, authorizations, appointments, 

24 delegations, results and findings of investigations, or other 

25 actions duly issued, made, or taken pursuant to or under 


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1 the authority of any statute that resulted in the assign2 ment of functions or activities to the Secretary, the De3 partment of Commerce, the Under Secretary, the Admin4 istrator, or any other officer of NOAA, in effect imme5 diately before the date of the enactment of this Act shall 

6 continue in full force and effect after the date of the enact7 ment of this Act until modified or rescinded. 

8 SEC. 124. TRANSITION. 

9 (a) EFFECTIVE DATE.—The provisions of this sub10 title shall become effective 2 years from the date of the 

11 enactment of this Act. 

12 (b) REORGANIZATION.—Not later than 18 months 

13 after the date of the enactment of this Act, the Adminis14 trator, in consultation with the Assistant Administrator 

15 for Program Planning and Integration of NOAA, shall 

16 submit to Congress a plan and budget proposal that sets 

17 forth a proposal for NOAA and program reorganization 

18 that— 

19 (1) meets the requirements of this title; 

20 (2) reflects the recommendations of the Com21 mission on Ocean Policy, particularly with respect to 

22 ecosystem-based science and management and addi23 tional budgetary requirements; and 


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1 (3) provide integrated oceanic and atmospheric 

2 programs and services for the benefit of the United 

3 States. 

4 Subtitle B—Federal Coordination 

5 and Advice 

6 SEC. 131. NATIONAL OCEAN ADVISOR. 

7 (a) ESTABLISHMENT.— 

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

9 Executive Office of the President the position of Na10 tional Ocean Advisor (referred to in this section as 

11 the ‘‘Advisor’’). The Advisor— 

12 (A) shall be appointed by the President, by 

13 and with the advice and consent of the Senate; 

14 and 

15 (B) may not be an employee of an agency 

16 or department of the United States. 

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

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

19 rate payable for level V of the Executive Schedule 

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

21 (3) QUALIFICATIONS.—The individual ap22 pointed as the Advisor shall be a person who, as a 

23 result of the individual’s training, experience, and 

24 attainments, is well qualified— 


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1 (A) to analyze and interpret marine eco2 system trends and all relevant information re3 lated to such trends; 

4 (B) to appraise programs and activities of 

5 the Federal Government with consideration of 

6 the goals of the National Ocean Policy; and 

7 (C) to formulate and recommend actions 

8 and decisions to promote marine ecosystem 

9 health. 

10 (b) FUNCTIONS.—The Advisor shall— 

11 (1) advise the President on implementation of 

12 this Act, activities of the Council on Ocean Steward13 ship, and other matters relating to ocean waters, 

14 coastal waters, ocean resources, and maintaining 

15 marine ecosystem health; 

16 (2) serve as the chair of the Council on Ocean 

17 Stewardship; 

18 (3) lead efforts to coordinate Federal agency 

19 actions to implement the National Ocean Policy; 

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

21 Council on Ocean Stewardship, for resolving inter22 agency disputes and advise Federal agencies as re23 quested regarding the implementation of the Na24 tional Ocean Policy; and 


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

2 guidance required under section 102(b)(2). 

3 (c) STAFFING.— 

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

5 staff as may be necessary to carry out this section. 

6 (2) UNCOMPENSATED SERVICES.—The Advisor 

7 may accept, utilize, and terminate voluntary and un8 compensated services to carry out this section. 

9 SEC. 132. COUNCIL ON OCEAN STEWARDSHIP. 

10 There is established in the Executive Office of the 

11 President a Council on Ocean Stewardship (in this subtitle 

12 referred to as the ‘‘Council’’). 

13 SEC. 133. MEMBERSHIP OF COUNCIL ON OCEAN STEWARD14 SHIP. 

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

16 at least 3 but not more than 5 members who shall be ap17 pointed by the President to serve at the pleasure of the 

18 President, by and with the advice and consent of the Sen19 ate. 

20 (b) QUALIFICATIONS.—Each member of the Council 

21 shall be, as a result of training, experience, and attach22 ments, exceptionally well qualified— 

23 (1) to analyze and interpret oceanic and atmos24 pheric trends and information of all kinds; 


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1 (2) to appraise programs and activities of the 

2 Federal Government in the light of the National 

3 Ocean Policy; 

4 (3) to be conscious of and responsive to the sci5 entific, environmental, ecosystem, economic, social, 

6 aesthetic, and cultural needs and interests of the 

7 United States; and 

8 (4) to formulate and recommend national poli9 cies to promote the improvement and the quality of 

10 the ocean and atmospheric environments, including 

11 as those environments relate to practices on land. 

12 SEC. 134. FUNCTIONS OF COUNCIL ON OCEAN STEWARD13 SHIP. 

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

15 (1) shall coordinate oceanic and atmospheric ac16 tivities among the agencies and departments of the 

17 United States, particularly focusing on the National 

18 Ocean Policy, while minimizing duplication, includ19 ing ensuring other ocean-related agencies work to20 gether at the operation, program, and research levels 

21 in cooperation with NOAA; 

22 (2) shall provide a forum for improving plan23 ning among such agencies and departments, budget 

24 and program coordination, administration, outreach, 

25 and cooperation on such programs and activities; 


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1 (3) shall ensure that such agencies and depart2 ments engaged in oceanic and atmospheric activities 

3 adopt and implement the principle of ecosystem4 based management and take necessary steps to im5 prove regional coordination and delivery of services 

6 around common ecoregional boundaries; 

7 (4) shall review and evaluate the various pro8 grams and activities of the Federal Government in 

9 light of the National Ocean Policy for the purpose 

10 of determining the extent to which such programs 

11 and activities are effective and contributing to the 

12 achievement of such policy and the overall health of 

13 the oceanic and atmospheric environment, including 

14 marine ecosystems; 

15 (5) shall conduct an annual review and analysis 

16 of funding proposed for oceanic and atmospheric re17 search and management in the budgets of such 

18 agencies and departments, and provide budget rec19 ommendations to the President, the agencies, and 

20 the Office of Management and Budget to carry out 

21 the National Ocean Policy, improve coordination, co22 operation, and effectiveness of such activities, elimi23 nate unnecessary overlap, and identify areas of high24 est priority for funding and support; 


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1 (6) shall identify progress made by oceanic and 

2 atmospheric programs carried out by such agencies 

3 or departments toward achieving the goals of— 

4 (A) providing more effective protection and 

5 restoration of marine ecosystems; 

6 (B) improving predictions of climate 

7 change and variability (weather), including their 

8 effects on coastal communities and the Nation; 

9 (C) improving the safety and efficiency of 

10 marine operations; 

11 (D) more effectively mitigating the effects 

12 of natural hazards; 

13 (E) reducing public health risks from oce14 anic and atmospheric sources; 

15 (F) ensuring sustainable use of resources; 

16 and 

17 (G) improving national and homeland secu18 rity; 

19 (7) shall promote efforts to increase and en20 hance partnerships with States that border a coast 

21 or a Great Lake and other non-Federal entities to 

22 support Regional Ocean Partnerships and enhanced 

23 regional research, resource, hazards, ecosystem24 based management, education and outreach, and 


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1 marine ecosystem protection, maintenance, and res2 toration; 

3 (8) shall identify statutory and regulatory 

4 redundancies or omissions and develop strategies to 

5 resolve conflicts, fill gaps, and address new and 

6 emerging oceanic and atmospheric issues for na7 tional and regional benefit; 

8 (9) shall emphasize the development and sup9 port of partnerships among government agencies 

10 and nongovernmental organizations, academia, and 

11 the private sector including regional partnerships; 

12 (10) shall expand research, education, and out13 reach efforts by all Federal agencies undertaking 

14 oceanic and atmospheric activities; 

15 (11) may establish a Federal Coordinating 

16 Committee on Oceans, chaired by the Chair of the 

17 Council, to carry out the coordination of oceanic and 

18 atmospheric programs and priorities required under 

19 this title; and 

20 (12) may establish other ocean-related com21 mittee the Council determines is appropriate. 

22 (b) CONSULTATION.—In exercising its powers, func23 tions, and duties under this subtitle, the Council shall— 

24 (1) consult with the Administrator and with the 

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1 mate established under section 139 to ensure input 

2 from potentially affected States, the public, and 

3 other stakeholders; 

4 (2) work in close consultation and cooperation 

5 with the Council on Environmental Quality, the Of6 fice of Science and Technology Policy, the Council of 

7 Economic Advisers, and other offices within the Ex8 ecutive Office of the President; 

9 (3) utilize the expertise and coordinating the 

10 capabilities of the Joint Subcommittee on Ocean 

11 Science and Technology of the National Science and 

12 Technology Council and any ocean-related commit13 tees formed under the Council with respect to oce14 anic and atmospheric science, technology, and edu15 cation matters, including development of a national 

16 research strategy; and 

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

18 services, facilities, and information (including statis19 tical information) of public and private agencies and 

20 organizations and individuals, in order to avoid du21 plication of effort and expense, and ensure that the 

22 Council’s activities will not unnecessarily overlap or 

23 conflict with similar activities authorized by law and 

24 performed by the Administrator or the head of any 

25 other agency or department of the United States. 


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

2 make and furnish such studies, reports, and recommenda3 tions with respect to matters of policy and legislation as 

4 the President may request. 

5 SEC. 135. PERSONNEL OF COUNCIL ON OCEAN STEWARD6 SHIP. 

7 (a) ASSISTANCE FROM OTHER AGENCIES OR DE8 PARTMENTS.— 

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

10 out the functions of the Council, each agency or de11 partment of the United States that conducts oceanic 

12 or atmospheric activities shall furnish any assistance 

13 requested by the Council. 

14 (2) FORMS OF ASSISTANCE.—Assistance fur15 nished under paragraph (1) may include— 

16 (A) detailing employees to the Council to 

17 perform such functions, consistent with the pur18 poses of this subtitle, as the Chair of the Coun19 cil may assign; and 

20 (B) undertaking, upon the request of the 

21 Chair of the Council, such special studies for 

22 the Council as are necessary to carry out the 

23 functions of the Council. 

24 (3) PERSONNEL MANAGEMENT.—The Chair of 

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1 sonnel decisions regarding any employees detailed to 

2 the Council. 

3 (b) EMPLOYMENT OF PERSONNEL, EXPERTS, AND

4 CONSULTANTS.—The Council may— 

5 (1) employ such officers and employees as may 

6 be necessary to carry out the functions of the Coun7 cil under this subtitle; 

8 (2) employ and fix the compensation of such ex9 perts and consultants as may be necessary to carry 

10 out the functions of the Council under this subtitle, 

11 in accordance with section 3109(b) of title 5, United 

12 States Code (without regard to the last sentence 

13 thereof); and 

14 (3) notwithstanding section 1342 of title 31, 

15 United States Code, accept and employ voluntary 

16 and uncompensated services in furtherance of the 

17 purposes of the Council. 

18 SEC. 136. NATIONAL PRIORITIES FOR COORDINATION. 

19 The Council, in coordination with the Joint Sub20 committee on Ocean Science and Technology of the Na21 tional Science and Technology Council, shall ensure that 

22 the Federal agencies conducting oceanic and atmospheric 

23 activities give priority attention and develop coordinated 

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1 mize duplication and foster improved services and other 

2 benefits to the United States in the following areas: 

3 (1) Prevention, management, and control of 

4 nonpoint source pollution, including regional or wa5 tershed strategies. 

6 (2) An integrated ocean and coastal observing 

7 system and an associated Earth observing system. 

8 (3) Ecosystem-based management, protection, 

9 and restoration of oceanic and atmospheric resources 

10 and environments, including management-oriented 

11 research, technical assistance and organization of 

12 programs, and activities along common ecoregional 

13 boundaries. 

14 (4) Ocean education and outreach. 

15 (5) Regionally based coastal land protection, 

16 conservation, maintenance, and restoration. 

17 (6) Enhanced research and technology develop18 ment on crosscutting areas, including— 

19 (A) oceans and human health; 

20 (B) social science and economics; 

21 (C) atmospheric monitoring and climate 

22 change; 

23 (D) marine ecosystems, marine biodiver24 sity, and ocean exploration; 


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1 (E) marine and atmospheric hazards, in2 cluding sea level rise and geological events; and 

3 (F) marine aquaculture. 

4 (7) Characterization and mapping of the coastal 

5 zone, coastal State waters, the territorial sea, the ex6 clusive economic zone and Outer Continental Shelf, 

7 including ocean resources. 

8 SEC. 137. COORDINATION PLAN. 

9 (a) COORDINATION PLAN.—Not later than 2 years 

10 after the date of the enactment of this Act, the Council 

11 shall submit to Congress a plan for coordinating activities 

12 of each agency or department of the United States related 

13 to ocean waters that— 

14 (1) is consistent with the National Ocean Pol15 icy; 

16 (2) designates a lead Federal entity for each ex17 isting activity and new activity in Federal waters 

18 and identifies a process for coordination of such ac19 tivity among such agencies or departments; 

20 (3) identifies the process by which such agen21 cies or departments may coordinate with and partici22 pate in the Regional Ocean Partnerships and estab23 lishes Federal regional ocean partnership teams to 

24 participate in that process; 


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1 (4) considers possible consolidation of oceanic 

2 or atmospheric programs, functions, services, or re3 sources within or among such agencies or depart4 ments, if such consolidation would not undermine 

5 the National Ocean Policy; 

6 (5) includes recommendations prepared for any 

7 resources or new authorities that such agencies or 

8 departments may need to implement the National 

9 Ocean Policy; and 

10 (6) includes recommendations prepared under 

11 regarding agency ocean budgets and sufficiency of 

12 such budgets to carry out the National Ocean Pol13 icy. 

14 (b) REVIEW AND UPDATE.—The Council shall review 

15 and update the coordination plan as needed, but not less 

16 frequently than once every 6 years. 

17 SEC. 138. BIENNIAL REPORT TO CONGRESS. 

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

19 the date of enactment of this Act, and biennially there20 after, the President, through the Council, shall submit to 

21 Congress a report on Federal oceanic and atmospheric 

22 programs, priorities, and accomplishments which shall in23 clude— 


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1 (1) a comprehensive description of the oceanic 

2 and atmospheric programs and accomplishments of 

3 all agencies of the United States; 

4 (2) an evaluation of such programs and accom5 plishments in terms of the National Ocean Policy 

6 and the national priorities identified in section 136, 

7 specifying progress made with respect to the goals 

8 set out in this title; 

9 (3) a report on progress in improving Federal, 

10 State, and Regional Ocean Partnership coordination 

11 on ocean and atmospheric activities, including co12 ordination efforts required in this Act; 

13 (4) an analysis of the Federal budget allocated 

14 to such programs including estimates of the funding 

15 requirements of each such agency for such programs 

16 during the succeeding 5 to 10 fiscal years; 

17 (5) recommendations for remedying deficiencies, 

18 and for improving organization, effectiveness, and 

19 outreach of Federal oceanic and atmospheric pro20 grams and services, on a regional and national basis, 

21 including support for State and local efforts that le22 verage public, nongovernmental, and private sector 

23 involvement; and 

24 (6) recommendations for legislative or other ac25 tion. 


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1 (b) PRESIDENTIAL TRANSMITTAL.—The President 

2 shall transmit the biennial report pursuant to this section 

3 to the President of the Senate and the Speaker of the 

4 House of Representatives not later than December 31 of 

5 the year in which such report is due. 

6 (c) AGENCY COOPERATION.—Each Federal agency 

7 shall cooperate by providing such data and information 

8 without cost as may be requested by the Council for the 

9 purpose of this section. Each Federal agency shall provide 

10 services and personnel on a cost reimbursable basis at the 

11 request of the Chair of the Council for the purpose of ac12 complishing the requirements of this section. 

13 SEC. 139. PRESIDENTIAL PANEL OF ADVISERS ON OCEANS 

14 AND CLIMATE. 

15 (a) ESTABLISHMENT; PURPOSE.—The President 

16 shall establish a Presidential Panel of Advisers on Oceans 

17 and Climate (referred to in this section as the ‘‘Presi18 dential Panel’’). The purpose of the Presidential Panel 

19 shall be— 

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

21 Chair of the Ocean Stewardship Council in identi22 fying and fostering policies to protect, manage, and 

23 restore oceanic and atmospheric environments and 

24 resources, both on a regional and national basis; and 


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1 (2) to undertake a continuing review, on a se2 lective basis, of priority issues relating to national 

3 oceanic and atmospheric policy (including climate 

4 change), conservation and management of ocean en5 vironments and resources, and the status of the oce6 anic and atmospheric science and service programs 

7 of the United States. 

8 (b) MEMBERSHIP.— 

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

10 have at least 20 members appointed by the Presi11 dent, in consultation with the National Ocean Advi12 sor (who shall serve as an ex officio member of the 

13 Presidential Panel). Such members of the Presi14 dential Panel shall— 

15 (A) be appointed based on their knowledge 

16 and experience in coastal, ocean, and atmos17 pheric science, policy, and other related areas; 

18 and 

19 (B) include at least 1 representative 

20 from— 

21 (i) local governments; 

22 (ii) Indian tribes; 

23 (iii) the marine science research com24 munity; 


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1 (iv) the marine science education com2 munity; 

3 (v) the commercial fishing sector; 

4 (vi) the recreational fishing sector; 

5 (vii) the energy development, the ship6 ping and transportation, and the marine 

7 tourism industries; 

8 (viii) agriculture, which may include 

9 timber; 

10 (ix) watershed organizations (other 

11 than organizations represented under sub12 paragraph (J)), which may include re13 source conservation districts; and 

14 (x) nongovernmental organizations 

15 (other than organizations represented 

16 under subparagraph (I)), including groups 

17 interested in marine conservation. 

18 (2) CHAIR.—The Chair of the Council on Ocean 

19 Stewardship shall co-chair the Presidential Panel 

20 with a non-Federal member designated by the Presi21 dent. 

22 (c) APPOINTMENT AND QUALIFICATIONS.—The 

23 members of the Presidential Panel shall be appointed by 

24 the President for 3-year terms from among individuals 

25 with diverse perspectives and expertise in 1 or more of 


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1 the disciplines or fields associated with oceanic and atmos2 pheric policy, including— 

3 (1) marine-related State, tribal, and local gov4 ernment functions; 

5 (2) ocean and coastal resource conservation and 

6 management; 

7 (3) atmospheric or oceanic science, engineering, 

8 and technology; 

9 (4) the marine industry (including recreation 

10 and tourism); 

11 (5) climate change; 

12 (6) atmospheric or coastal hazards; or 

13 (7) other fields appropriate for consideration of 

14 matters of oceanic or atmospheric policy. 

15 (d) VACANCIES.—An individual appointed to fill a va16 cancy occurring before the expiration of the term for which 

17 the individual’s predecessor was appointed shall be ap18 pointed only for the remainder of such term. No individual 

19 may be reappointed to the Presidential Panel for more 

20 than 1 additional 3-year term. A member may serve after 

21 the date of the expiration of the term of office for which 

22 appointed until the individual’s successor has taken office. 

23 (e) COMPENSATION.—Each member of the Presi24 dential Panel shall, while serving on business of the Com25 mission, be entitled to receive compensation at a rate not 


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

2 consistent with other Federal advisory boards. Federal 

3 and State officials serving on the Commission and serving 

4 in their official capacity shall not receive compensation in 

5 addition to their Federal or State salaries for their time 

6 on the Commission. Members of the Presidential Panel 

7 may be compensated for reasonable travel expenses while 

8 performing their duties as members. 

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

10 least twice per year, or as prescribed by the President. 

11 (g) REPORTS.— 

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

13 submit an annual report to the President and to 

14 Congress setting forth an assessment, on a selective 

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

16 and shall submit such other reports as may from 

17 time to time be requested by the President or Con18 gress. The Presidential Panel shall submit its annual 

19 report not later than June 30 of each year, begin20 ning 2 years after the date of the enactment of this 

21 Act. 

22 (2) COMMENT AND REVIEW BY COUNCIL.— 

23 Each annual report shall also be submitted to the 

24 Chair of the Council on Ocean Stewardship who 

25 shall, in consultation with the Administrator, not 


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1 later than 60 days after receipt of such report, 

2 transmit the Chair’s comments and recommenda3 tions to the President and to Congress. 

4 SEC. 140. CONSTRUCTION. 

5 Except as explicitly provided, nothing in this subtitle 

6 or the amendments made by this subtitle may be con7 strued to modify the authority of the Administrator under 

8 any other provision of law. 

9 TITLE II—REGIONAL 

10 COORDINATION AND PLANNING 

11 SEC. 201. REGIONAL OCEAN COORDINATION. 

12 (a) IN GENERAL.—The purpose of this title is to pro13 mote coordinated regional efforts to further the implemen14 tation of the National Ocean Policy through— 

15 (1) the designation of distinct ocean regions; 

16 and 

17 (2) the establishment of Regional Ocean Part18 nerships and the development and implementation of 

19 regional ocean strategic plans. 

20 (b) OBJECTIVES OF REGIONAL EFFORTS.—Such re21 gional efforts shall achieve the following: 

22 (1) Provide for more systematic communication, 

23 coordination, and alignment of State and Federal 

24 governmental authorities and programs with the 

25 size, scale, and characteristics of regional marine 


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1 ecosystems while recognizing regional economic and 

2 social patterns. 

3 (2) Build on and improve existing regional pro4 grams and initiatives and foster the creation of new 

5 regional efforts in areas where effective interstate 

6 and Federal cooperative efforts are currently lack7 ing. 

8 (3) Provide for regional and subregional ocean 

9 assessments, based on the best available science, to 

10 determine status and trends and to provide the in11 formation needed to improve management decisions. 

12 (4) Identify shared State and Federal priority 

13 issues and address them in a collaborative and co14 ordinated way based on existing legal authorities. 

15 (5) Improve integration of government efforts 

16 and maximize government efficiency. 

17 (6) Identify and provide data and information 

18 needed by the Regional Ocean Partnerships. 

19 (7) Provide for opportunities for public input on 

20 regional priorities and plans and for improved cit21 izen and community stewardship of ocean waters, 

22 coastal waters, and ocean resources. 

23 (c) REGIONS.— 

24 (1) DESIGNATION.—There are hereby des25 ignated the following ocean regions: 


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1 (A) NORTH PACIFIC OCEAN REGION.—The 

2 North Pacific Ocean Region, which shall consist 

3 of the coastal zone and watershed areas of the 

4 State of Alaska that have a significant impact 

5 on coastal waters of the State of Alaska sea6 ward to the extent of the Exclusive Economic 

7 Zone. 

8 (B) PACIFIC OCEAN REGION.—The Pacific 

9 Ocean Region, which shall consist of the coastal 

10 zone and watershed areas of the States that 

11 have a significant impact on coastal waters of 

12 the States of Washington, Oregon, and Cali13 fornia seaward to the extent of the Exclusive 

14 Economic Zone. 

15 (C) WESTERN PACIFIC OCEAN REGION.— 

16 The Western Pacific Ocean Region, which shall 

17 consist of the coastal zone of the States of Ha18 waii, Guam, American Samoa, and the North19 ern Mariana Islands seaward to the extent of 

20 the Exclusive Economic Zone. 

21 (D) GULF OF MEXICO OCEAN REGION.— 

22 The Gulf of Mexico Ocean Region, which shall 

23 consist of the coastal zone and watershed areas 

24 of the States that have a significant impact on 

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

3 Zone. 

4 (E) CARIBBEAN OCEAN REGION.—The 

5 Caribbean Ocean Region, which shall consist of 

6 the coastal zone and watershed areas of the 

7 States that have a significant impact on coastal 

8 waters of the Commonwealth of Puerto Rico 

9 and the Virgin Islands seaward to the extent of 

10 the Exclusive Economic Zone. 

11 (F) SOUTHEAST ATLANTIC OCEAN RE12 GION.—The Southeast Atlantic Ocean Region, 

13 which shall consist of the coastal zone and wa14 tershed areas of the States that have a signifi15 cant impact on coastal waters of the States of 

16 Florida, Georgia, North Carolina, and South 

17 Carolina seaward to the extent of the Exclusive 

18 Economic Zone. 

19 (G) NORTHEAST ATLANTIC OCEAN RE20 GION.—The Northeast Atlantic Ocean Region, 

21 which shall consist of the coastal zone and wa22 tershed areas of the States that have a signifi23 cant impact on coastal waters of the States of 

24 Connecticut, Maine, Massachusetts, New 


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1 Hampshire, and Rhode Island seaward to the 

2 extent of the Exclusive Economic Zone. 

3 (H) MID-ATLANTIC OCEAN REGION.—The 

4 Mid-Atlantic Ocean Region, which shall consist 

5 of the coastal zone and watershed areas of the 

6 States that have a significant impact on coastal 

7 waters of the States of Delaware, Maryland, 

8 New Jersey, New York, Pennsylvania, and Vir9 ginia seaward to the extent of the Exclusive 

10 Economic Zone. 

11 (I) GREAT LAKES REGION.—The Great 

12 Lakes Region, which shall consist of the coastal 

13 zone and watershed areas of the States that 

14 have a significant impact on coastal waters of 

15 the States of Illinois, Indiana, Michigan, Min16 nesota, New York, Ohio, Pennsylvania, and 

17 Wisconsin to the extent of the territorial waters 

18 of the United States in the Great Lakes. 

19 (2) SUBREGIONS.—Each Regional Ocean Part20 nership established under section 202 may establish 

21 such subregions, or geographically specified manage22 ment areas, as necessary for efficient and effective 

23 management of region-specific ecosystem issues. 

24 (3) COASTAL ZONE DEFINED.—In this sub25 section, the term ‘‘coastal zone’’ has the meaning 


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1 given that term in section 304 of the Coastal Zone 

2 Management Act of 1972 (16 U.S.C. 1453). 

3 SEC. 202. REGIONAL OCEAN PARTNERSHIPS. 

4 (a) IN GENERAL.— 

5 (1) ESTABLISHMENT.—Not later than 1 year 

6 after the date of the enactment of this Act, the Ad7 ministrator, in consultation with the Council on 

8 Ocean Stewardship and the appropriate States, shall 

9 establish or designate a Regional Ocean Partnership 

10 (referred to in this section as a ‘‘Partnership’’) for 

11 each of the ocean regions established in section 201. 

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

13 the ocean region for which it is established or des14 ignated— 

15 (A) pursue the objectives set forth in sec16 tion 201(b); 

17 (B) further the implementation of the Na18 tional Ocean Policy; and 

19 (C) develop and implement a Regional 

20 Ocean Strategic Plan under section 203. 

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

22 region for which a regional ocean governance effort al23 ready exists, the relevant coastal States shall work with 

24 the Administrator to determine whether the Partnership 

25 established or designated for the ocean region should build 


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1 upon and expand that effort, or whether the Administrator 

2 should initiate a new effort. 

3 (c) MEMBERSHIP.— 

4 (1) FEDERAL REPRESENTATIVES.—Not later 

5 than 270 days after the date of the enactment of 

6 this Act, the Council on Ocean Stewardship shall 

7 designate the agencies and departments of the 

8 United States that shall participate in each Partner9 ship. Among such agencies and departments des10 ignated for each Partnership, the Council shall in11 clude such agencies and departments that have ex12 pertise in ocean and coastal policy, oversee ocean 

13 and coastal policy or resource management, or en14 gage in activities that significantly affect ocean wa15 ters, coastal waters, or ocean resources. The head of 

16 each such agency or department designated by the 

17 Council shall select and appoint officers or employ18 ees of such agency or department to serve as rep19 resentatives to each Partnership. The Administrator, 

20 or designated representative of the Administrator, 

21 shall serve as the chairperson of each Partnership. 

22 (2) STATE REPRESENTATIVES.— 

23 (A) COASTAL STATE REPRESENTATIVES.— 

24 Subject to subparagraph (C), the Governor of 


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1 each coastal State within each ocean region des2 ignated under section 201(c) shall— 

3 (i) not later than 9 months after the 

4 date of the enactment of this Act, inform 

5 the Administrator whether or not the State 

6 intends to participate in the Partnership 

7 for the ocean region; and 

8 (ii) if the State intends to participate 

9 in such Partnership, not later than 1 year 

10 after such date, appoint an officer or em11 ployee of the coastal State agency with pri12 mary responsibility for overseeing ocean 

13 and coastal policy or resource management 

14 to that Partnership. 

15 (B) NONCOASTAL STATE APPOINT16 MENTS.— 

17 (i) IN GENERAL.—Not later than 9 

18 months after the date of the enactment of 

19 this Act, the Governor of each noncoastal 

20 State within each ocean region designated 

21 under section 301(c) shall notify the Ad22 ministrator whether or not the State seeks 

23 to participate in the Partnership for the 

24 ocean region. The Partnership for that re25 gion shall appoint to the Partnership one 


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1 or more representatives of noncoastal 

2 States that notify the Administrator, sub3 ject to clause (ii). 

4 (ii) APPOINTMENTS FOR MORE THAN

5 ONE NONCOASTAL STATE.—If more than 

6 one noncoastal State notifies the Adminis7 trator under clause (i) with respect to a 

8 Partnership— 

9 (I) the Partnership shall estab10 lish a process for nominating and ap11 pointing representatives under this 

12 subparagraph; 

13 (II) the total number of rep14 resentatives appointed under this sub15 paragraph for the Partnership may 

16 not exceed the number of coastal 

17 State representatives on the Partner18 ship; and 

19 (III) in appointing representa20 tives to the Partnership, the Partner21 ship shall consider the relative impact 

22 on the ocean region for which the 

23 Partnership must prepare a Regional 

24 Ocean Strategic Plan of the waters 

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1 risdiction that feed into the ocean re2 gion. 

3 (C) NORTH PACIFIC REGIONAL OCEAN

4 PARTNERSHIP.—The Governor of the State of 

5 Washington— 

6 (i) not later than 9 months after the 

7 date of the enactment of this Act, shall no8 tify the Administrator whether or not the 

9 State intends to participate in the North 

10 Pacific Regional Ocean Partnership; and 

11 (ii) if such State intends to partici12 pate in such Partnership, not later than 1 

13 year after the date of the enactment of this 

14 Act shall appoint to such Partnership an 

15 officer or employee of the Washington 

16 State agency with primary responsibility 

17 for overseeing ocean and coastal policy or 

18 resource management. 

19 (3) REGIONAL FISHERY MANAGEMENT COUNCIL

20 REPRESENTATION.—The executive director of each 

21 Regional Fishery Management Council with jurisdic22 tion in the ocean region of a Partnership and the ex23 ecutive director of the interstate marine fisheries 

24 commission with jurisdiction in the ocean region of 

25 a Partnership shall each serve as a member of the 


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1 Partnership, and shall be considered non-Federal 

2 representatives for the purposes of paragraph 

3 (5)(A). 

4 (4) LOCAL GOVERNMENT REPRESENTATIVE.— 

5 Each Partnership shall receive nominations and se6 lect one representative from a coastal political sub7 division to represent the interests of local and coun8 ty governments on the Partnership. 

9 (5) ADDITIONAL APPOINTMENTS.— 

10 (A) BALANCE.—Each Partnership shall— 

11 (i) identify the total number of addi12 tional non-Federal representatives within 

13 the ocean region of the Partnership nec14 essary to ensure that the combined number 

15 of non-Federal representatives on the Part16 nership equals the number of Federal rep17 resentatives on the Partnership; and 

18 (ii) identify a process for selecting 

19 such non-Federal representatives that, to 

20 the maximum extent practicable, assures 

21 balanced and broad non-Federal represen22 tation. 

23 (B) INTERNATIONAL REPRESENTATIVES.— 

24 In cooperation with the Secretary of State, each 

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1 ships with foreign governments, agencies, 

2 States, provinces, and other entities as appro3 priate, at scales appropriate to the ocean region 

4 under the authority of the Partnership, includ5 ing by providing opportunities for participation 

6 by foreign representatives at meetings of the 

7 Partnership, its advisory committees, and other 

8 working groups. 

9 (d) STEERING COMMITTEE.— 

10 (1) IN GENERAL.—Each Partnership may es11 tablish a Steering Committee to provide leadership 

12 with respect to the development and implementation 

13 of the Regional Ocean Strategic Plan under section 

14 203 and to ensure that the goals set forth in such 

15 Regional Ocean Strategic Plan are being met within 

16 the time lines established by that section. 

17 (2) MEMBERSHIP.—The Steering Committee 

18 shall include— 

19 (A) one representative from each coastal 

20 State that appoints a representative to the 

21 Partnership; and 

22 (B) one representative from each of not 

23 more 3 Federal agencies or departments that 

24 have jurisdiction over ocean or Great Lakes re25 sources. 


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1 (e) ADVISORY COMMITTEES.— 

2 (1) AUTHORITY.—Each Partnership may estab3 lish and appoint members of advisory committees 

4 and working groups as necessary for preparation 

5 and implementation of its Regional Ocean Strategic 

6 Plan under this title. 

7 (2) ADVICE AND INPUT.—Each Partnership 

8 shall provide opportunities for citizen and stake9 holder input in the development and implementation 

10 of its Regional Ocean Strategic Plan. 

11 (f) COORDINATION.— 

12 (1) EXISTING PROGRAMS.—Each Partnership 

13 shall build upon and complement current State, 

14 multistate, and regional capacity and governance 

15 and institutional mechanisms to manage and protect 

16 ocean waters, coastal waters, and ocean resources. 

17 (2) INLAND REGIONS.—Each Partnership shall 

18 collaborate and coordinate as necessary and appro19 priate with noncoastal States that may significantly 

20 impact marine ecosystem health in the ocean region 

21 or the Partnership. 

22 (g) PROCEDURES.— 

23 (1) IN GENERAL.—Each Partnership shall oper24 ate in accordance with procedures established by the 

25 Partnership and approved by the Administrator. 


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1 (2) REQUIRED PROCEDURES.—The Adminis2 trator shall prescribe requirements for approval of 

3 procedures under paragraph (1) that at a minimum 

4 provide for— 

5 (A) transparency in decision making; 

6 (B) opportunities for public input and par7 ticipation; and 

8 (C) the use of advisory committees that 

9 may be established under subsection (e). 

10 (h) STAFF.— 

11 (1) HIRING AUTHORITY.—Each Partnership 

12 may hire such staff as is necessary to perform the 

13 functions of the Partnership. 

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

15 shall be treated as employees of the Administration, 

16 except for any staff that are hired by participating 

17 States. 

18 (i) FEDERAL ADVISORY COMMITTEE ACT.— 

19 (1) IN GENERAL.—The Federal Advisory Com20 mittee Act (5 U.S.C. App.) shall not apply to Part21 nerships, steering committees, or any advisory com22 mittee established under this title. 

23 (2) COMPLIANCE.—Notwithstanding paragraph 

24 (1), each Partnership and each advisory committee 

25 of a Partnership shall be appointed and operate in 


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1 a manner consistent with all provisions of the Fed2 eral Advisory Committee Act with respect to— 

3 (A) the balance of their membership; 

4 (B) provision of public notice regarding 

5 their activities; 

6 (C) open meetings; and 

7 (D) public access to documents created by 

8 the Partnerships or advisory committees of the 

9 Partnerships. 

10 SEC. 203. REGIONAL OCEAN STRATEGIC PLANS. 

11 (a) INITIAL OCEAN REGION ASSESSMENT.— 

12 (1) IN GENERAL.—The Administrator, in con13 sultation with the Regional Ocean Partnership for 

14 an ocean region and other experts, shall, not later 

15 than 1 year after the date of the establishment or 

16 designation of such Partnership, prepare an initial 

17 ocean region assessment of the ocean region in order 

18 to guide the development of the Regional Ocean 

19 Strategic Plan prepared for such ocean region under 

20 subsection (b). 

21 (2) CONTENTS.—Each initial assessment shall 

22 include a summary of— 

23 (A) the ocean region’s marine ecosystem 

24 health, culture, and economy; 


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1 (B) existing, emerging, and cumulative 

2 threats to marine ecosystem health of the ocean 

3 region; 

4 (C) indicators that measure marine eco5 system health of the ocean region; and 

6 (D) important ecological areas within the 

7 ocean region. 

8 (3) PUBLIC PARTICIPATION.—The Adminis9 trator, in consultation with the Regional Ocean 

10 Partnership, shall provide opportunities for public 

11 input in the development of the assessment and up12 dates of the assessment under subsection (c). Such 

13 opportunities shall include opportunities for sharing 

14 of the latest science and local knowledge regarding 

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

16 ocean resources using annual public ecosystem fo17 rums. 

18 (b) REGIONAL OCEAN STRATEGIC PLAN.— 

19 (1) REQUIREMENT.—Each Regional Ocean 

20 Partnership shall, within 2 years after the comple21 tion of the initial ocean region assessment, prepare 

22 and submit to the Administrator for review, con23 sultation, and approval a Regional Ocean Strategic 

24 Plan for adaptive, ecosystem-based management of 

25 United States ocean waters, coastal waters, and 


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1 ocean resources for the ocean region of the Partner2 ship consistent with the National Ocean Policy. 

3 (2) CONTENTS.—Each Plan prepared by a Re4 gional Ocean Partnership shall— 

5 (A) be based on the ocean region assess6 ment required under subsection (a) and (c); 

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

8 goals for improving marine ecosystem health in 

9 the ocean region covered by the Plan; 

10 (C) recommend long-term monitoring 

11 measures for important ecological areas within 

12 the ocean region covered by the Plan; 

13 (D) identify State and Federal priority 

14 issues within the ocean region covered by the 

15 Plan; 

16 (E) describe ecosystem-based management 

17 solutions and policies to address the priority 

18 issues; 

19 (F) describe short-term and long-term in20 dicators for measuring improvements in eco21 nomic sustainability in the ocean region that re22 sult from improved ecological conditions and 

23 improved collaboration and coordination among 

24 Federal and State agencies; 


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1 (G) identify research, information, and 

2 data needed to carry out the Plan; 

3 (H) identify performance measures and 

4 benchmarks for purposes of subparagraphs (B), 

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

6 effectiveness; and 

7 (I) define responsibilities and include an 

8 analysis of the gaps in authority, coordination, 

9 and resources, including funding, that must be 

10 filled in order to fully achieve those perform11 ance measures and benchmarks. 

12 (3) PUBLIC PARTICIPATION.—Each Regional 

13 Ocean Partnership shall provide adequate opportuni14 ties for public input during the development of the 

15 Plan and any Plan revisions. 

16 (c) UPDATED OCEAN REGION ASSESSMENTS.—The 

17 Administrator, in consultation with the appropriate Re18 gional Ocean Partnership and other experts, shall, within 

19 4 years after approval of the Plan and at least once every 

20 6 years thereafter, update the initial ocean region assess21 ment prepared under subsection (a) to provide more de22 tailed information regarding the required elements of the 

23 assessment and to include any new information that has 

24 become available. 


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1 (d) PLAN REVISION.—Each approved Regional 

2 Ocean Strategic Plan shall be reviewed and revised by the 

3 relevant Regional Ocean Partnership at least once every 

4 6 years. Such review and revision shall be based on a re5 cently updated ocean region assessment. Any proposed re6 visions to the Plan shall be transmitted to the Adminis7 trator for review and approval pursuant to this section. 

8 (e) ACTION BY THE ADMINISTRATOR.— 

9 (1) REVIEW OF PLANS.— 

10 (A) COMMENCEMENT OF REVIEW.—Not 

11 later than 10 days after transmittal of a Re12 gional Ocean Strategic Plan, or any revision to 

13 such a Plan, by a Regional Ocean Partnership, 

14 the Administrator shall commence a review of 

15 the Plan or the revised Plan, respectively. 

16 (B) PUBLIC NOTICE AND COMMENT.—Im17 mediately after receipt of such a Plan or revi18 sion, the Administrator shall publish the plan 

19 or revision in the Federal Register and provide 

20 an opportunity for the submission of public 

21 comment for a 60-day period beginning on the 

22 date of such publication. 

23 (C) REQUIREMENTS FOR APPROVAL.—Be24 fore approving a plan, or any revision to a plan, 


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1 the administrator must find that the plan or re2 vision— 

3 (i) is consistent with the National 

4 Ocean Policy; and 

5 (ii) adequately addresses the required 

6 elements under subsection (b) of this sec7 tion. 

8 (D) DEADLINE FOR REVIEW.—Not later 

9 than 120 days after the date of the transmittal 

10 of a Plan, or a revision to a Plan, the Adminis11 trator shall approve or disapprove the Plan or 

12 revision by written notice. 

13 (2) REGIONAL INFORMATION SYSTEMS.—The 

14 Administrator shall, not later than 1 year after the 

15 date of the enactment of this Act and in collabora16 tion with marine laboratories and academic and 

17 other relevant institutions, establish a network of re18 gional ocean ecosystem resource information systems 

19 for each ocean region— 

20 (A) to provide access to geophysical, at21 mospheric, oceanographic, and marine biological 

22 data, including genetic research, studies, data, 

23 maps, and analyses necessary to the under24 standing of the ocean ecosystem; 


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1 (B) from which to draw information for 

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

4 of ocean waters, coastal waters, and ocean re5 sources; and 

6 (C) to provide information of the develop7 ment and implementation of Plans. 

8 (f) IMPLEMENTATION.—Members of a Regional 

9 Ocean Partnership shall, to the maximum extent prac10 ticable, implement a Regional Ocean Strategic Plan that 

11 is prepared by the Partnership and approved by the Ad12 ministrator under this section, consistent with existing 

13 legal authorities. 

14 SEC. 204. REGULATIONS. 

15 The Administrator shall issue such regulations as the 

16 Administrator considers necessary to ensure proper ad17 ministration of this title. 

18 SEC. 205. OTHER AUTHORITY. 

19 This title may not be construed as superseding or di20 minishing the authorities and responsibilities, under any 

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

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

23 agency. 


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1 TITLE III—OCEAN SCIENCE, 

2 RESEARCH, AND EDUCATION 

3 SEC. 301. COMMITTEE ON OCEAN SCIENCE, EDUCATION, 

4 AND OPERATIONS. 

5 (a) COMMITTEE.—The Administrator shall establish 

6 a Committee on Ocean Science, Education, and Oper7 ations (referred to in this title as the ‘‘Committee’’). 

8 (b) MEMBERSHIP.—The Committee shall be com9 posed of the following members: 

10 (1) The Administrator. 

11 (2) The Director of the National Science Foun12 dation. 

13 (3) The Administrator of the National Aero14 nautics and Space Administration. 

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

16 Science, and Environment. 

17 (5) The Administrator of the Environmental 

18 Protection Agency. 

19 (6) The Under Secretary of Homeland Security 

20 for Science and Technology. 

21 (7) The Commandant of the Coast Guard. 

22 (8) The Director of the Office of Naval Re23 search. 

24 (9) The Director of the United States Geologi25 cal Survey. 


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1 (10) The Director of the Minerals Management 

2 Service. 

3 (11) Under Secretary of Agriculture for Re4 search, Education, and Economics. 

5 (12) The Assistant Secretary of State for 

6 Oceans and International Environmental and Sci7 entific Affairs. 

8 (13) The Director of the Defense Advanced Re9 search Projects Agency. 

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

11 Technology Policy. 

12 (15) The Director of the Office of Management 

13 and Budget. 

14 (16) The Under Secretary of Education. 

15 (17) The leadership of such other agency or de16 partment as the chair and vice chairs of the Com17 mittee consider appropriate. 

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

19 chairs of the Committee shall be appointed every 2 years 

20 by a selection subcommittee of the Committee composed 

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

22 National Science Foundation, and the Director of the 

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

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


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1 previously served as chair or vice chair may be re2 appointed. 

3 (d) RESPONSIBILITIES.—The Committee shall— 

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

5 scientific research, technology, education, and oper6 ational matters, including budgetary analyses; 

7 (2) improve cooperation among Federal depart8 ments and agencies with respect to ocean and coast9 al science budgets; 

10 (3) review, update, and modify, as necessary 

11 the National Ocean Research Priorities Plan and 

12 Implementation Strategy referred to in section 

13 302(a) and oversee the implementation of such 

14 Strategy; 

15 (4) establish interagency subcommittees and 

16 working groups as appropriate to develop com17 prehensive and balanced Federal programs and ap18 proaches to ocean and coastal science issues and 

19 needs; 

20 (5) consult with academic institutions, fisheries, 

21 States, industries, foundations, and other partners 

22 in the conduct of coastal and marine operations, re23 search, and education, and with actual and potential 

24 users of ocean science information in establishing 


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1 priorities and developing plans for research and 

2 technology and education; 

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

4 (A) coordinating United States Govern5 ment activities with those of other nations and 

6 with international research and technology and 

7 education; and 

8 (B) providing, as appropriate, support for 

9 and representation on United States delegations 

10 to relevant international meetings; and 

11 (7) carry out such other activities as may be re12 quired. 

13 SEC. 302. NATIONAL OCEAN RESEARCH PRIORITIES PLAN 

14 AND IMPLEMENTATION STRATEGY. 

15 (a) REVIEW, UPDATE, AND MODIFY.—Not later than 

16 2 years after the date of the enactment of this Act, and 

17 not less frequently than once every 5 years thereafter, the 

18 Committee shall review, update, and modify, as necessary, 

19 the National Ocean Research Priorities Plan and Imple20 mentation Strategy developed by the National Science and 

21 Technology Council’s Joint Subcommittee on Ocean 

22 Science and Technology (referred to in this section as the 

23 ‘‘Strategy’’). The Committee shall ensure that the Strat24 egy establishes, for the 10-year period beginning in the 

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1 orities for ocean and coastal research, technology, edu2 cation, outreach, and operations which most effectively ad3 vance knowledge and provide usable information as the 

4 basis for policy decisions to— 

5 (1) understand, assess, and respond to human6 induced and natural processes of global climate 

7 change; 

8 (2) improve understanding, public forecasts, 

9 and warnings and mitigate natural hazards; 

10 (3) enhance public safety and efficiency of ma11 rine operations; 

12 (4) support efforts to protect, maintain, and re13 store the health of marine ecosystems and to imple14 ment ecosystem-based management of United States 

15 ocean waters, including how marine ecosystems func16 tion on varying spatial and temporal scales and how 

17 biological, physical, chemical, and socioeconomic 

18 processes interact; 

19 (5) implement and monitor the effectiveness of 

20 ocean and coastal environmental policies; 

21 (6) contribute to public understanding of coast22 al and global ocean systems and public awareness of 

23 the importance and health of marine ecosystems; 

24 (7) respond to environmental changes that af25 fect human health; 


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1 (8) strengthen homeland security and military 

2 preparedness; and 

3 (9) improve understanding of sea level changes, 

4 shoreline erosion, and the condition of the beaches 

5 in the United States. 

6 (b) CONTENT.—The Committee shall ensure that the 

7 Strategy— 

8 (1) describes specific activities required to 

9 achieve established goals and priorities including re10 search and education programs, observation collec11 tion and analysis requirements, technology develop12 ment, facility and equipment investments, informa13 tion management, student support and training, pro14 fessional certification and training for persons en15 gaged in fishing and other maritime activities, data 

16 stewardship and access, and participation in inter17 national research and education and other capacity18 building efforts; 

19 (2) identifies and addresses relevant programs 

20 and activities of the Federal agencies and depart21 ments represented on the Committee that will con22 tribute to scientific goals and priorities and set forth 

23 the role of each Federal agency and department in 

24 implementing the strategy; 


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1 (3) considers and uses, as appropriate, reports 

2 and studies conducted by Federal agencies and de3 partments, the National Research Council, or other 

4 entities; 

5 (4) makes recommendations for the coordina6 tion of ocean and coastal science activities of the 

7 United States with those of other nations and inter8 national organizations, including bilateral and multi9 lateral proposals for cooperation on major projects, 

10 for improving worldwide access to scientific data and 

11 information, and for encouraging participation in 

12 international ocean science research and education 

13 programs by developing nations; 

14 (5) provides estimates, to the extent practicable, 

15 of Federal funding for ocean and coastal science ac16 tivities to be conducted pursuant to the strategy; 

17 and 

18 (6) ensures the integrity of ocean and coastal 

19 science and research. 

20 (c) ELEMENTS.—The Committee shall ensure that 

21 the Strategy includes the following elements: 

22 (1) Global measurements on all relevant spatial 

23 and time scales, establishing worldwide observations 

24 necessary to study and assess coastal and global 


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1 ocean systems and support information needs, in2 cluding marine ecosystem health. 

3 (2) National ocean partnerships, building part4 nerships among Federal agencies, academia, fishing 

5 industries, and other members of the ocean and 

6 coastal science community in the areas of research, 

7 education, data systems, and communication. 

8 (3) Marine science facility support, ensuring the 

9 procurement, maintenance, and operation of the na10 tional oceanographic research fleet and related infra11 structure to provide for sustained ocean and coastal 

12 observations from insitu, remote, aircraft, and vessel 

13 platforms. 

14 (4) Focused research initiatives, funding com15 petitive research grants to advance understanding of 

16 the nature of and interaction among physical, chem17 ical, and biological processes of the oceans, including 

18 the effect of human activities on such processes. 

19 (5) Technology development, supporting devel20 opment of new technologies and sensors to achieve 

21 strategic and program goals, and development of al22 gorithms, analysis methods, and long-term data 

23 records for emerging operational sensors. 

24 (6) Workforce development, building and main25 taining a diverse national ocean science professional 


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1 workforce through traineeships, scholarships, fellow2 ships, and internships. 

3 (7) Ocean science education, providing national 

4 coordination and support of formal and informal 

5 ocean science education programs at all education 

6 levels and establishing mechanisms to improve ocean 

7 literacy, contribute to public awareness of the impor8 tance and health of marine ecosystems, and create 

9 an oceans stewardship ethic among citizens. 

10 (8) Professional training, including certification 

11 and continuing education programs, for persons en12 gaged in the harvest, handling, and processing of 

13 fish and seafood aboard vessels to assure the highest 

14 levels of care are taken to selectively harvest fish 

15 from the sea with the minimum impact on habitat 

16 to handle fish onboard vessels with techniques that 

17 assure the safety and highest quality of fish landed, 

18 and improve the safety of vessels and their personnel 

19 at sea. 

20 (9) Information management, establishing and 

21 maintaining information systems that promote effi22 cient stewardship, transfer, and use of data, create 

23 globally accessible data standards and formats, and 

24 allow analysis of data from varied sources to 


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1 produce information readily usable by policymakers 

2 and stakeholders. 

3 (d) PUBLIC PARTICIPATION.—In developing the 

4 Strategy, the Committee shall consult with academic, 

5 State, industry, fisheries, and environmental groups and 

6 representatives. Not later than 90 days before the chair 

7 of the Committee submits the strategy, or any revision 

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

9 shall be published in the Federal Register for a public 

10 comment period of not less than 60 days. 

11 SEC. 303. OCEAN RESEARCH AND EDUCATION ADVISORY 

12 PANEL. 

13 (a) MEMBERSHIP.—The Committee shall maintain 

14 an Ocean Research and Education Advisory Panel (re15 ferred to in this section as the ‘‘Advisory Panel’’) con16 sisting of not less than 10 and not more than 18 members 

17 appointed by the chair, including the following: 

18 (1) One member representing the National 

19 Academy of Sciences. 

20 (2) One member representing the National 

21 Academy of Engineering. 

22 (3) One member representing the Institute of 

23 Medicine. 

24 (4) One Sea Grant director. 


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1 (5) Members selected from among individuals 

2 representing ocean industries, State governments, 

3 tribal governments, academia, fisheries, nongovern4 mental organizations, and such other participants in 

5 ocean and coastal activities as the chair considers 

6 appropriate. 

7 (6) Members selected from among individuals 

8 eminent in the fields of marine science, marine pol9 icy, ocean engineering, or related fields. 

10 (7) Members selected from among individuals 

11 eminent in the field of education. 

12 (b) RESPONSIBILITIES.—The Advisory Panel shall 

13 advise the Committee on the following: 

14 (1) Revision and implementation of the Na15 tional Ocean Priorities Plan and Implementation 

16 Strategy. 

17 (2) Matters relating to national oceanographic 

18 data requirements, ocean and coastal observation 

19 systems, ocean science education and training, and 

20 oceanographic facilities including renewal of the na21 tional academic research fleet. 

22 (3) Any additional matters that the Committee 

23 considers appropriate. 

24 (c) PROCEDURAL MATTERS.— 


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

2 Advisory Panel shall be open to the public, except 

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

4 to the public if it concerns matters or information 

5 that pertains to national security, employment mat6 ters, litigation, or other reasons provided under sec7 tion 552b of title 5, United States Code. Interested 

8 persons shall be permitted to appear at open meet9 ings and present oral or written statements on the 

10 subject matter of the meeting. The Advisory Panel 

11 may administer oaths or affirmations to any person 

12 appearing before it. 

13 (2) PUBLICATION OF MEETINGS.—All open 

14 meetings of the Advisory Panel shall be preceded by 

15 timely public notice in the Federal Register of the 

16 time, place, and subject of the meeting. 

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

18 be kept and shall include a record of the people 

19 present, a description of the discussion that oc20 curred, and copies of all statements filed. Subject to 

21 section 552 of title 5, United States Code, the min22 utes and records of all meetings and other docu23 ments that were made available to or prepared for 

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1 spection and copying at a single location in the part2 nership program office. 

3 (4) DISCLOSURES.— 

4 (A) RELATIONSHIP TO FACA.—The Fed5 eral Advisory Committee Act (5 U.S.C. App.) 

6 does not apply to the Advisory Panel. 

7 (B) PUBLIC AVAILABILITY.—Any product 

8 or recommendation made by the Advisory Panel 

9 shall be made available to the public and to 

10 Congress. 

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. 304. 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 10-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 marine 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. 305. 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 

19 that may serve as a guide in the development 

20 of new 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 

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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 2008, 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 United States ocean waters and the marine re2 sources therein. The Administrator shall coordinate 

3 with current ocean data acquisition and distribution 

4 systems, such as the National Geospatial Data 

5 Clearinghouse, 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, 

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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 each region described in section 

9 201(c) not later than January 1, 2012. 

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) REQUIRED REGIONS.—Ocean Ecosystem Re17 source Information Systems shall be established for the 

18 each region described in section 201(c). 

19 (d) COORDINATION.— 

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

21 preparation of the regional Ocean Ecosystem Re22 source Information Systems, shall request the co23 operation and coordination with the United States 

24 Geological Survey, the United States Fish and Wild25 life Service, the Minerals Management Service, the 


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1 United States Environmental Protection Agency, the 

2 United States Coast Guard, and the United States 

3 Navy, together with all NOAA agencies for all un4 classified information necessary for the development 

5 and operation of the systems. The Administrator 

6 may request and enter into cooperative agreements 

7 with States, universities, or private academic institu8 tions for access to information necessary or useful 

9 for the development and operation of the systems. 

10 (2) INTERNATIONAL AGREEMENTS.—The Ad11 ministrator may enter into agreements with the Gov12 ernments of Canada, Mexico, or Russia in the prepa13 ration of a regional Ocean Ecosystem Resource In14 formation System where an international border of 

15 the United States or the coastal waters of the 

16 United States abut such country or the territorial 

17 waters of such country, for any information or data 

18 that may be necessary or useful in the development 

19 and operation of such system. 

20 SEC. 306. SUBCOMMITTEE ON OCEAN EDUCATION. 

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

22 Subcommittee on Ocean Education (referred to in this sec23 tion as the ‘‘Subcommittee’’). Each member of the Com24 mittee may designate a senior representative with exper25 tise in education to serve on the Subcommittee. The ComVerDate Aug 31 2005 07:03 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\S3314.IS S3314

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1 mittee shall select a chair and 1 or more vice chairs for 

2 the Subcommittee from the membership of the Sub3 committee. 

4 (b) RESPONSIBILITIES.—The Subcommittee shall— 

5 (1) support and advise the Committee on mat6 ters related to ocean and coastal education for the 

7 purpose of increasing the overall effectiveness and 

8 productivity of Federal education and outreach ef9 forts; 

10 (2) provide recommendations on education goals 

11 and priorities for and implementation of the revised 

12 National Ocean Priorities Plan and Implementation 

13 Strategy developed under section 302 and guidance 

14 for educational investments; 

15 (3) coordinate Federal ocean, coastal, and wa16 tershed education activities for students, including 

17 funding for educational opportunities at the under18 graduate, graduate, and postdoctoral levels; 

19 (4) identify and work to establish linkages 

20 among Federal programs, such as the National Sea 

21 Grant College Program, and those of States, aca22 demic institutions, State Sea Grant programs, muse23 ums and aquaria, industry, foundations, and other 

24 nongovernmental organizations; 


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1 (5) support existing marine, coastal, and Great 

2 Lakes education and outreach programs, including 

3 those at the State, regional, and local levels; 

4 (6) facilitate Federal agency efforts to work 

5 with minority-serving institutions, historically Black 

6 colleges and universities, and traditionally majority7 serving institutions to ensure that students of under 

8 represented groups have access to and support for 

9 pursuing ocean-related careers; 

10 (7) promote the establishment of professional 

11 certification, training, and continuing education pro12 grams for persons engaged in fishing or other mari13 time activities, including partnerships with academic 

14 or nongovernmental organizations to carry out such 

15 programs; 

16 (8) lead development of effective national strat17 egies with common perspectives and messages for 

18 formal and informal ocean and coastal education ef19 forts; and 

20 (9) carry out such other activities as the Com21 mittee may request. 

22 SEC. 307. OCEAN AND COASTAL EDUCATION PROGRAM. 

23 (a) ESTABLISHMENT.—Consistent with the revised 

24 National Ocean Priorities Plan and Implementation Strat25 egy, the Committee, through the Subcommittee, shall esVerDate Aug 31 2005 07:03 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S3314.IS S3314

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1 tablish a national, interagency ocean and coastal education 

2 program to improve public awareness, understanding, and 

3 appreciation of the role of the oceans in meeting the eco4 nomic, social, and environmental needs of the United 

5 States. To the extent practicable, the interagency program 

6 shall utilize and build from existing Federal programs and 

7 mechanisms for ocean and coastal outreach and education 

8 at the State, regional, and local levels. 

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

10 coastal education program shall include formal education 

11 activities for elementary, secondary, undergraduate, grad12 uate, and postdoctoral students, continuing education ac13 tivities for adults, and informal education activities for 

14 learners of all ages. 

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

16 program shall use existing interesting science programs 

17 and other appropriate mechanisms and shall, at a min18 imum, provide sustained funding for the following: 

19 (1) A national network of centers for ocean 

20 science education excellence to improve the acquisi21 tion of knowledge by students at all levels. 

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

23 education and outreach efforts. 

24 (3) A regional education network to support 

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1 portunities for elementary and secondary school stu2 dents. 

3 (4) Teacher enrichment programs that provide 

4 for participation in research expeditions, voyages of 

5 exploration, and the conduct of scientific research. 

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

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

10 undergraduate, graduate, and postdoctoral levels. 

11 (7) Mentoring programs and partnerships with 

12 minority-serving institutions to ensure diversity in 

13 the ocean and coastal workforce. 

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

15 nongovernmental organizations or academic institu16 tions that provide training and continuing education 

17 for persons engaged in fishing or other maritime ac18 tivities, including establishment of criteria for pro19 fessional certification programs in consultation with 

20 the fishing industry. 

21 (9) Dissemination of ocean and coastal informa22 tion that is relevant for a wider public audience. 

23 SEC. 308. OCEAN SCIENCE AND TECHNOLOGY SCHOLAR24 SHIP PROGRAM. 

25 (a) ESTABLISHMENT.— 


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1 (1) IN GENERAL.—The Committee shall estab2 lish a National Ocean Science and Technology Schol3 arship Program (in this section referred to as the 

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

5 students for careers in the departments or agencies 

6 that are represented on the Committee (in this sec7 tion referred to as ‘‘participating agencies’’). The 

8 Program shall award scholarships to individuals who 

9 are selected through a competitive process primarily 

10 on the basis of academic merit, with consideration 

11 given to financial need and the goal of promoting 

12 the participation of individuals identified in section 

13 33 or 34 of the Science and Engineering Equal Op14 portunities Act (42 U.S.C. 1885a and 1885b). 

15 (2) CONTRACTUAL AGREEMENTS.—To carry 

16 out the Program, participating agencies shall enter 

17 into contractual agreements with individuals selected 

18 under paragraph (1) under which the individuals 

19 agree to serve as full-time employees of the partici20 pating agency, for the period of time to be deter21 mined by the participating agency, and stated in the 

22 contractual agreements, in positions needed by the 

23 participating agency and for which the individuals 

24 are qualified, in exchange for receiving a scholarship. 


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

2 to participate in the Program, an individual must— 

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

4 full-time student at an institution of higher edu5 cation (as defined in section 101(a) of the Higher 

6 Education Act of 1965 (20 U.S.C. 1001(a))) in an 

7 academic field or discipline described in the list 

8 made available under subsection (c); 

9 (2) be a citizen of the United States; and 

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

11 not be an employee of the department or agency pro12 viding the award. 

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

14 publicly available a list of academic programs and fields 

15 of study for which scholarships under the Program may 

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

17 (d) APPLICATION.—An individual seeking a scholar18 ship under this section shall submit an application to a 

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

20 containing such information, agreements, or assurances as 

21 the participating agency may require. 

22 (e) SCHOLARSHIP LIMITS.— 

23 (1) ACADEMIC REQUIREMENTS.—The partici24 pating agency may provide a scholarship under the 

25 Program for an academic year if the individual apVerDate Aug 31 2005 07:03 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\S3314.IS S3314

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1 plying for the scholarship has submitted to the par2 ticipating agency, as part of the application required 

3 under subsection (d), a proposed academic program 

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

5 on the list made available under subsection (c). 

6 (2) TIME LIMITATION.—An individual may not 

7 receive a scholarship under this section for more 

8 than 4 academic years, unless the participating 

9 agency grants a waiver. 

10 (3) DOLLAR LIMITATION.—The dollar amount 

11 of a scholarship under this section for an academic 

12 year shall be established by regulation but may not 

13 exceed the cost of attendance as such cost is deter14 mined in section 472 of the Higher Education Act 

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

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

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

18 and other authorized expenses as established by reg19 ulation. 

20 (5) CONTRACTUAL AGREEMENT.—The partici21 pating agency may enter into a contractual agree22 ment with an institution of higher education under 

23 which the amounts provided for a scholarship under 

24 this section for tuition, fees, and other authorized 


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1 expenses are paid directly to the institution with re2 spect to which the scholarship is provided. 

3 (f) PERIOD OF SERVICE.— 

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

5 which an individual shall be obligated to serve as an 

6 employee of the participating agency, except as pro7 vided in subsection (h)(2), shall be determined by 

8 the participating agency as stated in subsection 

9 (a)(2). 

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

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

12 shall begin not later than 60 days after the indi13 vidual obtains the educational degree for which the 

14 scholarship was provided. 

15 (3) DEFERRAL.—The participating agency may 

16 defer the obligation of an individual to provide a pe17 riod of service under paragraph (1) if the partici18 pating agency determines that such a deferral is ap19 propriate. The Administrator shall prescribe the 

20 terms and conditions under which a service obliga21 tion may be deferred through regulation. 

22 (g) REPAYMENT.— 

23 (1) REQUIREMENT.—Scholarship recipients who 

24 fail to maintain a high level of academic standing, 

25 as defined by the participating agency by regulation, 


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1 who are dismissed from their educational institutions 

2 for disciplinary reasons, or who voluntarily terminate 

3 academic training before graduation from the edu4 cational program for which the scholarship was 

5 awarded, shall be in breach of their contractual 

6 agreement and, in lieu of any service obligation aris7 ing under such agreement, shall be liable to the 

8 United States for repayment within 1 year after the 

9 date of default of all scholarship funds paid to them 

10 and to the institution of higher education on their 

11 behalf under the agreement, except as provided in 

12 subsection (h). The repayment period may be ex13 tended by the participating agency when determined 

14 to be necessary. 

15 (2) FAILURE TO COMPLETE SERVICE REQUIRE16 MENT.—Scholarship recipients who, for any reason, 

17 fail to begin or complete their service obligation 

18 after completion of academic training, or fail to com19 ply with the terms and conditions of deferment es20 tablished by the participating agency pursuant to 

21 subsection (f)(3), shall be in breach of their contrac22 tual agreement. When recipients breach their agree23 ments for the reasons stated in the preceding sen24 tence, the recipient shall be liable to the United 

25 States for an amount equal to— 


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1 (A) the total amount of scholarships re2 ceived by such individual under this section; 

3 plus 

4 (B) the interest that would have been ac5 crued if such amount was treated as a loan 

6 bearing interest at the maximum legal pre7 vailing rate, as determined by the Treasurer of 

8 the United States, multiplied by 3. 

9 (h) CANCELLATION OR WAIVER.— 

10 (1) CANCELLATION.—Any obligation of an indi11 vidual incurred under the Program (or a contractual 

12 agreement thereunder) for service or payment shall 

13 be canceled upon the death of the individual. 

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

15 regulation provide for the partial or total waiver or 

16 suspension of any obligation of service or payment 

17 incurred by an individual under the Program (or a 

18 contractual agreement thereunder) whenever compli19 ance by the individual is impossible or would involve 

20 extreme hardship to the individual, or if enforcement 

21 of such obligation with respect to the individual 

22 would be contrary to the best interests of the Gov23 ernment. 


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1 SEC. 309. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN2 ISTRATION OFFICE OF EDUCATION. 

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

4 develop, support, promote, and coordinate national edu5 cation activities described in section 307 that enhance 

6 public awareness and understanding of the science, serv7 ice, and stewardship missions of NOAA. In planning ac8 tivities under this section, the Administrator shall consult 

9 with the Subcommittee and build upon the educational 

10 programs and activities of the National Sea Grant College 

11 Program, the National Marine Sanctuaries Program, the 

12 National Estuarine Research Reserve System, and Coastal 

13 Zone Management programs. Authorized activities shall 

14 include education of the general public, teachers, students 

15 at all levels, and ocean and coastal managers and stake16 holders. In carrying out educational activities, the Admin17 istrator may enter into grants, contracts, cooperative 

18 agreements, resource sharing agreements, or interagency 

19 financing with Federal, State, and regional agencies, 

20 tribes, commercial organizations, educational institutions, 

21 nonprofit organizations, or other persons. 

22 (b) ESTABLISHMENT.—The Administrator shall es23 tablish within NOAA an Office of Education to provide 

24 interagency and intra-agency coordination of the edu25 cation activities of NOAA and to ensure full participation 

26 in the ocean and coastal education program established 


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1 under section 307. The Office of Education shall promote 

2 and provide oversight of agency education activities and 

3 shall— 

4 (1) integrate agency science into high-quality 

5 educational materials; 

6 (2) improve access to NOAA educational re7 sources; 

8 (3) support educator professional development 

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

11 (4) promote participation in agency-related 

12 sciences and careers, particularly by members of 

13 under represented groups; 

14 (5) leverage partnerships to enhance formal and 

15 informal environmental science education; 

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

18 (7) create and implement effective approaches 

19 to disseminate agency products and ocean informa20 tion to the general public; and 

21 (8) encourage public involvement in coastal and 

22 ocean stewardship. 

23 (c) EDUCATIONAL PARTNERSHIP PROGRAM.—The 

24 Administrator shall establish an educational partnership 

25 with minority-serving institutions to provide support for 


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1 cooperative science centers, an environmental entrepre2 neurship program, a graduate sciences program, and an 

3 undergraduate scholarship program. 

4 SEC. 310. NATIONAL OCEAN AWARENESS MEDIA CAMPAIGN. 

5 (a) IN GENERAL.—The Administrator shall conduct 

6 a national media campaign in accordance with this section 

7 for the purpose of increasing public awareness and inter8 est in the oceans, through mass media advertising. 

9 (b) COORDINATION WITH STATE, REGIONAL, AND

10 LOCAL EFFORTS.—To the extent practicable, the cam11 paign referred to in subsection (a) shall be conducted in 

12 a manner to coordinate with existing State, regional, and 

13 local education efforts. 

14 (c) USE OF FUNDS.— 

15 (1) IN GENERAL.—Amounts made available to 

16 carry out the campaign referred to in subsection (a) 

17 may only be used for the following: 

18 (A) The purchase of media time or space. 

19 (B) Creative and talent costs. 

20 (C) Advertising production costs. 

21 (D) Testing and evaluation of advertising. 

22 (E) Evaluation of the effectiveness of the 

23 media campaign. 

24 (F) The negotiated fees for the winning 

25 bidder on requests for proposals issued either 


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1 by the Administrator or a designee for purposes 

2 otherwise authorized in this section. 

3 (G) Partnerships with community, civic, 

4 and professional groups and government organi5 zations related to the media campaign. 

6 (H) Entertainment industry outreach, 

7 interactive outreach, media projects and activi8 ties, public information, news media outreach, 

9 and corporate sponsorship and participation. 

10 (I) Operational and management expenses. 

11 (2) SPECIFIC REQUIREMENTS.— 

12 (A) CREATIVE SERVICES.—In using 

13 amounts for creative and talent costs under 

14 paragraph (1)(B), the Administrator shall use 

15 creative services donated at no cost to the Gov16 ernment wherever feasible and may only pro17 cure creative services for advertising— 

18 (i) responding to high-priority or 

19 emergent campaign needs that cannot 

20 timely be obtained at no cost; or 

21 (ii) intended to reach a minority, eth22 nic, or other special audience that cannot 

23 reasonably be obtained at no cost. 

24 (B) TESTING AND EVALUATION OF ADVER25 TISING.—In using amounts for testing and evalVerDate Aug 31 2005 07:03 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\S3314.IS S3314

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1 uation of advertising under paragraph (1)(D), 

2 the Administrator shall test all advertisements 

3 prior to use in the media campaign to ensure 

4 that the advertisements are effective and meet 

5 industry-accepted standards. The Administrator 

6 may waive this requirement for advertisements 

7 using no more than 10 percent of the purchase 

8 of advertising time purchased under this section 

9 in a fiscal year and no more than 10 percent 

10 of the advertising space purchased under this 

11 section in a fiscal year, if the advertisements re12 spond to emergent and time-sensitive campaign 

13 needs or the advertisements will not be widely 

14 utilized in the media campaign. 

15 (C) EVALUATION OF EFFECTIVENESS OF

16 MEDIA CAMPAIGN.—In using amounts for the 

17 evaluation of the effectiveness of the media 

18 campaign under paragraph (1)(E), the Admin19 istrator shall— 

20 (i) designate an independent entity to 

21 evaluate annually the effectiveness of the 

22 national media campaign based on data 

23 from— 

24 (I) public feedback; and 


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1 (II) other relevant studies or 

2 publications, as determined by the Ad3 ministrator, including tracking and 

4 evaluation data collected according to 

5 marketing and advertising industry 

6 standards; and 

7 (ii) ensure that the effectiveness of 

8 the media campaign is evaluated in a man9 ner that enables consideration of whether 

10 the media campaign has contributed to in11 creasing the ocean literacy of the public 

12 and such other measures of evaluation as 

13 the Director determines are appropriate. 

14 (3) PURCHASE OF ADVERTISING TIME AND

15 SPACE.—For each fiscal year, not less than 77 per16 cent of the amounts made available to carry out this 

17 section shall be used for the purchase of advertising 

18 time and space for the media campaign. 

19 (d) ADVERTISING.—In carrying out this section, the 

20 Administrator shall devote sufficient funds to the adver21 tising portion of the national media campaign to meet the 

22 goals of the campaign. 

23 (e) PROHIBITIONS.—None of the amounts made 

24 available to carry out this section may be obligated or ex25 pended for any of the following: 


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1 (1) To supplant current oceans community2 based coalitions. 

3 (2) To supplant pro bono public service time 

4 donated by national and local broadcasting networks 

5 for other public service campaigns. 

6 (3) For partisan political purposes, or express 

7 advocacy in support of or to defeat any clearly iden8 tified candidate, clearly identified ballot initiative, or 

9 clearly identified legislative or regulatory proposal. 

10 (4) To fund advertising that features any elect11 ed officials, persons seeking elected office, cabinet 

12 level officials, or other Federal officials described in 

13 schedule C of part 213 of title 5, Code of Federal 

14 Regulations (or any similar successor regulation). 

15 (5) To fund advertising that does not contain a 

16 primary message intended to increase awareness and 

17 promote the protection, maintenance, and restora18 tion of marine ecosystem health. 

19 (6) To fund advertising containing a primary 

20 message intended to promote support for the media 

21 campaign or private sector contributions to the 

22 media campaign. 

23 (f) FINANCIAL AND PERFORMANCE ACCOUNT24 ABILITY.—The Administrator shall cause to be per25 formed— 


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1 (1) audits and reviews of costs of the media 

2 campaign pursuant to section 304C of the Federal 

3 Property and Administrative Services Act of 1949 

4 (41 U.S.C. 254d); and 

5 (2) an audit of the cost of the media campaign 

6 described in section 306 of such Act (41 U.S.C. 

7 256). 

8 (g) STRATEGIC ADVISOR.— 

9 (1) IN GENERAL.—The Administrator shall se10 lect a primary outside strategic advisor for the 

11 media campaign to be responsible for coordinating 

12 donations of creative and other services to the cam13 paign, except with respect to advertising created 

14 using funds permitted in subsection (c). 

15 (2) SELECTION.—The Administrator shall se16 lect the strategic advisor based solely on merit and 

17 the demonstrated success and experience of the can18 didates. The Administrator may consider the Na19 tional Marine Sanctuaries Foundation, the National 

20 Fish and Wildlife Foundation, or any other entity 

21 for the strategic advisor. 

22 (3) ROLE OF STRATEGIC ADVISOR.—The Ad23 ministrator shall inform the advisor of the strategic 

24 goals of the campaign and consider such advice of 

25 the selected advisor on media campaign strategy. 


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1 (h) ANNUAL REPORT.—The Administrator shall sub2 mit to Congress an annual report that describes— 

3 (1) the strategy of the media campaign and 

4 whether specific objectives of the media campaign 

5 were accomplished; 

6 (2) steps taken to ensure that the media cam7 paign operates in an effective and efficient manner 

8 consistent with the overall strategy and focus of the 

9 media campaign; 

10 (3) plans to purchase advertising time and 

11 space; 

12 (4) policies and practices implemented to ensure 

13 that Federal funds are used responsibly to purchase 

14 advertising time and space and eliminate the poten15 tial for waste, fraud, and abuse; and 

16 (5) all contracts entered into with a corpora17 tion, partnership, or individual working on behalf of 

18 the media campaign. 

19 (i) LOCAL TARGET REQUIREMENT.—The Adminis20 trator shall, to the maximum extent feasible, use amounts 

21 made available to carry out this section for media that 

22 focuses on, or includes specific information on, prevention 

23 or treatment resources for consumers within specific local 

24 areas. 


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1 TITLE IV—OCEAN AND GREAT 

2 LAKES CONSERVATION 

3 TRUST FUND AND AUTHOR4 IZATION OF APPROPRIA5 TIONS 

6 SEC. 401. OCEAN AND GREAT LAKES CONSERVATION TRUST 

7 FUND. 

8 (a) ESTABLISHMENT.— 

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

10 Treasury of the United States a fund which shall be 

11 known as the ‘‘Ocean and Great Lakes Conservation 

12 Trust Fund’’ (referred to in this section as the 

13 ‘‘Fund’’). For each fiscal year beginning after the 

14 date of enactment of this Act, the Secretary of the 

15 Treasury shall deposit into the Fund the following 

16 amounts: 

17 (A) OFFSHORE USES.—Amounts received 

18 for the payments described in paragraph (2). 

19 (B) HEALTHY OCEAN STAMP.—Amounts 

20 received by the United States from the sale of 

21 a Healthy Ocean Stamp under section 406. 

22 (C) AMOUNTS NOT DISBURSED.—Amounts 

23 that were appropriated to carry out section 402 

24 but not disbursed for such purpose during such 

25 fiscal year. 


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1 (D) INTEREST.—All interest earned pursu2 ant to subsection (b). 

3 (2) LEASE PAYMENTS.—The Administrator 

4 shall establish by rule, in consultation with the 

5 Council on Ocean Stewardship, appropriate forms of 

6 payment for any permit or authorization granted for 

7 wind, wave, and tidal energy, bioprospecting, carbon 

8 sequestration, ecosystem services, and other emerg9 ing activities in Federal waters excluding fishing and 

10 mineral, oil, natural gas, or methane hydrate leas11 ing, exploration, development, or production. Such 

12 payments must be derived only from activities con13 sistent with the National Ocean Policy and may in14 clude fees, rents, royalties, cash bonus payments, or 

15 other payments. 

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

17 invest amounts in the Fund (including interest) in public 

18 debt securities with maturities suitable to the needs of the 

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

20 and bearing interest at rates determined by the Secretary 

21 of the Treasury, taking into consideration current market 

22 yields on outstanding marketable obligations of the United 

23 States of comparable maturity. Such invested amounts 

24 shall remain invested until needed to meet requirements 


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1 for disbursement for the programs financed under this 

2 Act. 

3 (c) USE OF FUND.—The Administrator may use 

4 amounts available in the Fund to supplement appropria5 tions made pursuant to the authorization of appropriation 

6 in section 410. 

7 SEC. 402. PAYMENTS TO STATES. 

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

9 payments to those coastal States that are eligible for fund10 ing under section 403, subject to the availability of appro11 priations under section 410. The total of the amount paid 

12 each fiscal year to State included in an ocean region de13 scribed under section 201(c) may not exceed the amount 

14 allocated for such ocean region for that fiscal year under 

15 section 405. 

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

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

18 (1) agreed to provide such reports to the Ad19 ministrator, in such form and containing such infor20 mation, as may be reasonably necessary to enable 

21 the Administrator to perform the duties of the Ad22 ministrator under this title; and 

23 (2) adopted such fiscal control and fund ac24 counting procedures as may be necessary to assure 


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1 proper disbursement and accounting for Federal rev2 enues paid to the State under this title. 

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

4 year, the Administrator shall deposit in the Fund estab5 lished in section 401(a) any amount appropriated pursu6 ant to an authorization of appropriations in section 410 

7 but not disbursed to a State under this section. 

8 SEC. 403. ELIGIBILITY FOR FUNDING. 

9 (a) ELIGIBILITY OF STATE.—A State shall not be eli10 gible to receive funds under section 402 unless the Admin11 istrator, in consultation with the appropriate Regional 

12 Ocean Partnership, determines that the State is partici13 pating actively and sufficiently in the development and im14 plementation of the appropriate Regional Ocean Strategic 

15 Plan under section 203. 

16 (b) ELIGIBLE PURPOSES.—A State that receives 

17 funds under this title may only use such funds for pur18 poses of fulfilling the State’s obligations and responsibil19 ities— 

20 (1) to provide assistance to the Administrator 

21 in conducting the initial ocean region assessment 

22 under section 203(a) until such assessment is com23 plete in accordance with an approved spending plan 

24 referred to in section 404(c)(2); 


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1 (2) to develop a the Regional Ocean Strategic 

2 Plan under section 203(b) until such Plan is com3 plete, in accordance with such an approved spending 

4 plan; 

5 (3) to implement a Regional Ocean Strategic 

6 Plan approved under section 203(e) in accordance 

7 with such an approved spending plan; and 

8 (4) to implement other regional efforts to carry 

9 out the National Ocean Policy during the 3-year pe10 riod beginning on the date of the designation or es11 tablishment of the appropriate Regional Ocean Part12 nership, in accordance with the applications ap13 proved under section 404(c). 

14 SEC. 404. FUNDING PROCEDURES. 

15 (a) APPLICATION.—Each State seeking funding 

16 under this title shall submit to the Administrator an appli17 cation for such funds. Such applications shall be developed 

18 in coordination with all coastal agencies for that State and 

19 existing federally approved coastal management programs 

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

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

22 in consultation with the Regional Ocean Partnership, the 

23 Administrator— 

24 (1) certifies that the State is eligible for fund25 ing under section 403(a); 


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1 (2) finds that the activities proposed in the ap2 plication are part of an approved spending plan sub3 mitted by the relevant Regional Ocean Partnership 

4 under subsection (c); and 

5 (3) ensures that previous payments under this 

6 title made to the State and coastal political subdivi7 sions in the State were used in accordance with sec8 tion 403(b). 

9 (c) SPENDING PLANS, BUDGETS, AND OTHER RE10 GIONAL EFFORTS.— 

11 (1) SPENDING PLAN FOR IMPLEMENTING RE12 GIONAL OCEAN STRATEGIC PLANS.—Each Regional 

13 Ocean Partnership that has participating States that 

14 are seeking funding under section 402 shall submit 

15 to the Administrator a spending plan for such States 

16 for each fiscal year. The total funds requested in the 

17 spending plan shall not exceed the amount allocated 

18 to the Region by the Administrator under section 

19 405 for that fiscal year. In addition to such other 

20 requirements as the Administrator by regulation 

21 shall prescribe, each spending plan shall include— 

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

23 Regional Ocean Partnership; 

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

25 State listed in subparagraph (A) that will have 


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1 the authority to represent and act for the State 

2 in dealing with the Administrator for purposes 

3 of this title; 

4 (C) a description of how funds provided 

5 under this title will be used by each partici6 pating State to implement the Regional Ocean 

7 Strategic Plan; and 

8 (D) certification by the governor of each 

9 participating State that all the funds provided 

10 under this title to the State or a political sub11 divisions of the State shall be used for a pur12 pose described in section 403(b) and in a man13 ner consistent with carrying out the National 

14 Ocean Policy. 

15 (2) BUDGETS FOR DEVELOPING REGIONAL

16 OCEAN STRATEGIC PLANS AND ASSISTING WITH INI17 TIAL REGIONAL OCEAN ASSESSMENTS.—Each Re18 gional Ocean Partnership with participating States 

19 that are seeking funding under section 402 shall 

20 submit an annual budget for approval by the Admin21 istrator identifying— 

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

23 Regional Ocean Partnership; 

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

25 State listed in subparagraph (A) that will have 


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1 the authority to represent and act for the State 

2 in dealing with the Administrator for purposes 

3 of this title; and 

4 (C) the costs under subsection (a) or (b) of 

5 section 203 that require financial support from 

6 the Administrator. 

7 (3) OTHER REGIONAL EFFORTS.—Each coastal 

8 State seeking funding for other regional efforts 

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

10 for approval by the Administrator that includes the 

11 following: 

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

13 have the authority to represent and act for the 

14 State in dealing with the Administrator for pur15 poses of this subsection. 

16 (B) A description of how funds provided 

17 pursuant to this subsection will be used for ac18 tivities that further the implementation of the 

19 National Ocean Policy. 

20 (C) Certification by the Governor of the 

21 State that all the funds provided pursuant to 

22 this subsection to the State will be used in a 

23 manner consistent with the National Ocean pol24 icy. 


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

2 than 50 percent of amounts paid to a State from 

3 amounts appropriated pursuant to the authorization 

4 of appropriations in section 410(a)(1)(A) may be 

5 used by the State to implement other regional ocean 

6 governance efforts that further the implementation 

7 of the National Ocean Policy as described in the ap8 plication referred to in paragraph (3). 

9 (d) PROCEDURE AND TIMING; REVISIONS.—The Ad10 ministrator shall approve or disapprove in accordance with 

11 this subsection each spending plan submitted under sub12 section (b)(1). If a Regional Ocean Partnership first sub13 mits a plan by not later than 90 days before the beginning 

14 of the first fiscal year to which the plan applies, the Ad15 ministrator shall approve or disapprove the plan by not 

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

17 (e) SPENDING PLAN AMENDMENT OR REVISION.— 

18 Any amendment to or revision of the spending plan shall 

19 be prepared in accordance with the requirements of this 

20 section and shall be submitted to the Administrator for 

21 approval or disapproval. Any such amendment or revision 

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

23 in which the amendment or revision is approved by the 

24 Administrator. 


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1 (f) PUBLIC COMMENT.—Before approving or dis2 approving a spending plan, or an amendment or revision 

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

4 comment on the proposed expenditures in the spending 

5 plan for the forthcoming year. 

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

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

8 each year from appropriations made during the imme9 diately preceding fiscal year. 

10 SEC. 405. EQUITABLE ALLOCATION. 

11 (a) MAXIMUM AMOUNT AVAILABLE TO EACH OCEAN

12 REGION.—Of the amounts authorized to be appropriated 

13 by section 410, the Administrator shall determine and al14 locate to each ocean region described in section 201(c) the 

15 maximum amount of funds that the Administrator may 

16 grant under this title for use in that region, based on the 

17 following weighted formula: 

18 (1) 35 percent of such amount shall be deter19 mined based on the ratio of the shoreline miles (as 

20 that term is used in the Coastal Zone Management 

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

22 region to the shoreline miles of all ocean regions. 

23 (2) 65 percent of such amount shall be deter24 mined based on the ratio of the coastal population 


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1 density of the ocean region to the coastal population 

2 density of all ocean regions. 

3 (b) PAYMENTS TO POLITICAL SUBDIVISIONS.—The 

4 governor of a State that receives funds under this title 

5 shall use such funds only— 

6 (1) for a purpose described in section 403(b) 

7 that the State applied for and received the funds; or 

8 (2) for awards to coastal political subdivisions 

9 of the State, on a competitive basis, for such pur10 poses. 

11 SEC. 406. HEALTHY OCEAN STAMP. 

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

13 way for members of the public to support efforts to pro14 tect, maintain, and restore marine ecosystems, the United 

15 States Postal Service shall provide for a special postage 

16 stamp in accordance with this section. 

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

18 of the stamp referred to in subsection (a) shall be gov19 erned by section 416 of title 39, United States Code, and 

20 regulations under such section, subject to the following: 

21 (1) TRANSFERS.—All amounts becoming avail22 able from the sale of such stamp shall be transferred 

23 to the Ocean and Great Lakes Conservation Trust 

24 Fund established by section 401 through payments 

25 which shall be made, at least twice a year, in the 


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1 manner required by subsection (d)(1) of section 416 

2 of such title 39. 

3 (2) NUMERICAL LIMITATION.—For purposes of 

4 applying any numerical limitation referred to in sub5 section (e)(1)(C) of section 416 of such title 39, 

6 such stamp shall not be taken into account. 

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

8 available to the public over such period of time as 

9 the Postal Service may determine, except that such 

10 period— 

11 (A) shall commence not later than 12 

12 months after the date of the enactment of this 

13 Act; and 

14 (B) shall terminate not later than the close 

15 of the period referred to in subsection (g) of 

16 section 416 of title 39, United States Code. 

17 (c) RULE OF CONSTRUCTION.—Nothing in this sec18 tion shall be considered to permit or require that any de19 termination of the amounts becoming available from the 

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

21 in a manner inconsistent with the requirements of sub22 section (d) or section 416 of title 39, United States Code. 


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1 SEC. 407. LIMITATION ON USE OF AVAILABLE AMOUNTS 

2 FOR ADMINISTRATION. 

3 Of the amounts made available pursuant to this title 

4 for a particular activity, not more than 2 percent may be 

5 used for administrative expenses of that activity. 

6 SEC. 408. RECORD KEEPING REQUIREMENTS. 

7 The Administrator, in consultation with the Council 

8 on Ocean Stewardship, shall establish such rules regarding 

9 record keeping by State and local governments and the 

10 auditing of expenditures made by State and local govern11 ments from funds made available under this Act as may 

12 be necessary. Such rules shall be in addition to other re13 quirements established regarding record keeping and the 

14 auditing of such expenditures under other authority of 

15 law. 

16 SEC. 409. MAINTENANCE OF EFFORT AND MATCHING FUND17 ING. 

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

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

20 to reduce State or local resources for the programs funded 

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

22 or local government shall receive any funds under this Act 

23 during any fiscal year in which its expenditures of non24 Federal funds for recurrent expenditures for programs for 

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

26 its expenditures were for such programs during the preVerDate Aug 31 2005 07:03 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\S3314.IS S3314

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1 ceding fiscal year. No State or local government shall re2 ceive funding under this Act with respect to a program 

3 unless the Administrator is satisfied that such a grant will 

4 be used to supplement and, to the extent practicable, in5 crease the level of State, local, or other non-Federal funds 

6 available for such program. 

7 (b) EXCEPTION.—The Administrator may waive the 

8 requirements of subsection (a) if the Administrator deter9 mines that a reduction in expenditures— 

10 (1) is attributable to a nonselective reduction in 

11 expenditures for the programs of all executive 

12 branch agencies of the State or local government; or 

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

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

15 (c) USE OF FUNDS TO MEET MATCHING REQUIRE16 MENTS.—All funds received by a State or local govern17 ment pursuant to this Act shall be treated as Federal 

18 funds for purposes of compliance with any provision in ef19 fect under any other law requiring that non-Federal funds 

20 be used to provide a portion of the funding for any pro21 gram or project. 

22 SEC. 410. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) REGIONAL OCEAN STRATEGIC PLANS.— 


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1 (1) PAYMENTS TO STATES.—There are author2 ized to be appropriated to the Administrator for 

3 making payments to coastal States under this title— 

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

5 2011, 2012, and 2013 for developing a Re6 gional Ocean Strategic Plan under subsection 

7 (b)(1) of section 203, for assisting the Adminis8 trator in conducting an initial ocean region as9 sessment under subsection (a) of such section, 

10 and for implementing other regional efforts 

11 under subsection (e)(2) of such section; and 

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

13 2014 through 2021 and for implementing and 

14 updating Regional Ocean Strategic Plans under 

15 subsection (d) of such section. 

16 (2) ASSESSMENTS.—There are authorized to be 

17 appropriated to the Administrator $20,000,000 for 

18 each of fiscal years 2011 through 2021 thereafter 

19 for purposes of— 

20 (A) conducting and updating assessments 

21 for the ocean regions described under section 

22 203; and 

23 (B) supporting efforts by the Regional 

24 Ocean Partnerships to develop Regional Ocean 

25 Strategic Plans under such section. 


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1 (3) REGIONAL OCEAN STRATEGIC PLANS.— 

2 There are authorized to be appropriated to the Ad3 ministrator for allocation, with concurrence of the 

4 Council on Ocean Stewardship, for carrying out re5 sponsibilities of the Federal Government for develop6 ment and implementation of Regional Ocean Stra7 tegic Plans under section 203— 

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

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

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

11 2016 through 2021. 

12 (b) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN13 ISTRATION.— 

14 (1) OFFICE OF EDUCATION.—In addition to the 

15 amounts authorized under the National Sea Grant 

16 College Program Act (33 U.S.C. 1121 et seq.), there 

17 are authorized to be appropriated to the Adminis18 trator $30,000,000 for each of fiscal years 2009 

19 through 2013 for educational activities under section 

20 309(b). 

21 (2) EDUCATIONAL PARTNERSHIP PROGRAM.— 

22 There are authorized to be appropriated to the Ad23 ministrator $20,000,000 for each of fiscal years 

24 2009 through 2013 for educational activities under 

25 section 309(c). 


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1 (c) NATIONAL OCEAN AND COASTAL EDUCATION

2 PROGRAM.—Of the amounts authorized to be appro3 priated to NOAA, the Department of the Navy, the Na4 tional Science Foundation, and the National Aeronautics 

5 and Space Administration for fiscal year 2009 through fis6 cal year 2013, $25,000,000 from each agency shall be 

7 available for the ocean and coastal education program 

8 under section 307. 

9 (d) SCHOLARSHIP PROGRAM.—Of the amounts au10 thorized to be appropriated to NOAA, the National 

11 Science Foundation, the National Aeronautics and Space 

12 Administration, and the Department of the Navy for fiscal 

13 year 2009 through fiscal year 2013, $15,000,000 shall be 

14 available for National Ocean Science and Technology 

15 Scholarships under section 308. 

16 (e) NATIONAL OCEAN AWARENESS MEDIA CAM17 PAIGN.—Of the amounts authorized to be appropriated to 

18 NOAA, there are authorized to be appropriated to carry 

19 out section 311, $2,000,000 for each of fiscal years 2009 

20 through 2011. 

21 (f) FUNDING FOR MARINE ECOSYSTEM RE22 SEARCH.— 

23 (1) MARINE ECOSYSTEM RESEARCH.—For de24 velopment and implementation of the research pro25 gram under section 302, there are authorized to be 


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1 appropriated $50,000,000 for each of fiscal years 

2 2009 through 2013. 

3 (2) REGIONAL OCEAN ECOSYSTEM RESOURCE

4 INFORMATION SYSTEMS.—For development and im5 plementation of the regional Ocean Ecosystem Re6 source Information Systems under section 305, there 

7 are authorized to be appropriated $25,000,000 for 

8 each of fiscal years 2009 through 2013. 

9 (g) AMENDMENT TO THE NATIONAL SEA GRANT

10 COLLEGE PROGRAM ACT.—Subsection (a) of section 212 

11 of the National Sea Grant College Program Act (33 

12 U.S.C. 1131) is amended by adding at the end the fol13 lowing new paragraph: 

14 ‘‘(3) MARINE AND AQUATIC SCIENCE EDU15 CATION.—In addition to the amounts authorized for 

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

17 are authorized to be appropriated for marine and 

18 aquatic science education for each of fiscal years 

19 2008 through 2012— 

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

21 the educational activities of sea grant programs; 

22 ‘‘(B) $4,000,000 for competitive grants for 

23 projects and research that target national and 

24 regional marine and aquatic science literacy; 


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1 ‘‘(C) $5,000,000 for competitive grants to 

2 support educational partnerships under the 

3 ocean and coastal education program estab4 lished under section 308 of the National Oceans 

5 Protection Act of 2008 or other appropriate 

6 mechanism; and 

7 ‘‘(D) $10,000,000 for graduate fellowships 

8 and competitive distinguished professorships in 

9 marine science.’’. 

10 (h) AVAILABILITY.—Amounts appropriated pursuant 

11 to an authorization of appropriations in this section shall 

12 remain available until expended. 

Æ 


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