II

Calendar No. 568

106TH CONGRESS

2D SESSION S. 2327

[Report No. 106–301]

To establish a Commission on Ocean Policy, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 29, 2000

Mr. HOLLINGS (for himself, Mr. STEVENS, Ms. SNOWE, Mr. KERRY, Mr.

BREAUX, Mr. INOUYE, Mr. CLELAND, Mr. WYDEN, Mr. AKAKA, Mrs.

BOXER, Mrs. MURRAY, Mr. LAUTENBERG, Mrs. FEINSTEIN, Mr.

LIEBERMAN, Mr. MOYNIHAN, Mr. REED, Mr. SARBANES, and Mr. SCHUMER) introduced the following bill; which was read twice and referred to

the Committee on Commerce, Science, and Transportation

MAY 23, 2000

Reported by Mr. MCCAIN, without amendment

A BILL

To establish a Commission on Ocean Policy, and for other

purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Oceans Act of 2000’’.
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1 SEC. 2. CONGRESSIONAL FINDINGS; PURPOSE AND OBJEC2 TIVES.

3 (a) FINDINGS.—The Congress makes the following

4 findings:

5 (1) Covering more than two-thirds of the

6 Earth’s surface, the oceans and Great Lakes play a

7 critical role in the global water cycle and in regu8 lating climate, sustain a large part of Earth’s bio9 diversity, provide an important source of food and a

10 wealth of other natural products, act as a frontier

11 to scientific exploration, are important for coastal

12 recreation and tourism, are critical to national secu13 rity, and provide a vital means of transportation.

14 Coastal areas, transition between land and open

15 ocean, are regions of remarkably high biological pro16 ductivity, contribute more than 30 percent of the

17 Gross Domestic Product, and are of considerable im18 portance for a variety of activities and uses.

19 (2) Ocean and coastal resources are susceptible

20 to change as a direct and indirect result of human

21 activities, and such changes can significantly impact

22 the ability of the oceans and Great Lakes to provide

23 the benefits upon which the Nation depends.

24 Changes in ocean and coastal processes could affect

25 global climate patterns, marine productivity and bio26 diversity, environmental quality, national security,
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1 economic competitiveness, availability of energy, vul2 nerability to natural hazards, and transportation

3 safety and efficiency.

4 (3) It has been more than 30 years since the

5 Commission on Marine Science, Engineering, and

6 Resources (known as the Stratton Commission) con7 ducted a comprehensive examination of ocean and

8 coastal activities that led to enactment of major leg9 islation and the establishment of key oceanic and at10 mospheric institutions. Changes in United States

11 laws and policies since the Stratton Commission

12 have increased the role of the States in the manage13 ment of ocean and coastal resources.

14 (4) In 1998, ‘‘The Year of the Ocean’’, national

15 attention focused on the value of the oceans to all

16 Americans and resulted in the preparation and

17 issuance of a number of coordinated reports on ma18 rine policy and science issues, including the 1998

19 ‘‘Year of the Ocean’’ reports and the 1999 Report

20 to the President on National Ocean Policy.

21 (5) An independent review of existing activities

22 that builds upon work begun in 1998 is essential to

23 respond to the changes that have occurred over the

24 past three decades and to develop an effective new

25 policy for the twenty-first century to conserve and
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1 use, in a sustainable manner, ocean and coastal re2 sources, protect the marine environment, explore

3 ocean frontiers, protect human safety, and create

4 marine technologies and economic opportunities.

5 (6) While significant Federal and State ocean

6 and coastal programs are underway, those Federal

7 programs would benefit from a coherent and con8 sistent national ocean and coastal policy that reflects

9 the need for cost-effective allocation of fiscal re10 sources, improved interagency coordination, and

11 strengthened partnerships with State, private, and

12 international entities engaged in ocean and coastal

13 activities.

14 (b) PURPOSE AND OBJECTIVES.—The purpose of this

15 Act is to establish a coordinated and comprehensive na16 tional ocean policy that will promote—

17 (1) the protection of life and property against

18 natural and manmade hazards;

19 (2) responsible stewardship, including use, of

20 fishery resources and other ocean and coastal re21 sources;

22 (3) the protection of the marine environment

23 and prevention of marine pollution;

24 (4) the enhancement of marine-related com25 merce and transportation, the resolution of conflicts
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1 among users of the marine environment, and the en2 gagement of the private sector in innovative ap3 proaches for sustainable use of living marine re4 sources;

5 (5) the expansion of human knowledge of the

6 marine environment including the role of the oceans

7 in climate and global environmental change and the

8 advancement of education and training in fields re9 lated to ocean and coastal activities;

10 (6) the continued investment in and develop11 ment and improvement of the capabilities, perform12 ance, use, and efficiency of technologies for use in

13 ocean and coastal activities;

14 (7) close cooperation among all government

15 agencies and departments and the private sector to

16 ensure—

17 (A) coherent and consistent regulation and

18 management of ocean and coastal activities;

19 (B) availability and appropriate allocation

20 of Federal funding, personnel, facilities, and

21 equipment for such activities;

22 (C) cost-effective and efficient operation of

23 Federal departments, agencies, and programs

24 involved in ocean and coastal activities; and
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1 (D) enhancement of partnerships with

2 State and local governments with respect to

3 ocean and coastal activities, including the man4 agement of ocean and coastal resources and

5 identification of appropriate opportunities for

6 policy-making and decision-making at the State

7 and local level; and

8 (8) the preservation of the role of the United

9 States as a leader in ocean and coastal activities,

10 and, when it is in the national interest, the coopera11 tion by the United States with other nations and

12 international organizations in ocean and coastal ac13 tivities.

14 SEC. 3. COMMISSION ON OCEAN POLICY.

15 (a) ESTABLISHMENT.—There is hereby established

16 the Commission on Ocean Policy. The Federal Advisory

17 Committee Act (5 U.S.C. App.), except for sections 3, 7,

18 and 12, does not apply to the Commission.

19 (b) MEMBERSHIP.—

20 (1) APPOINTMENT.—The Commission shall be

21 composed of 16 members appointed by the President

22 from among individuals described in paragraph (2)

23 who are knowledgeable in ocean and coastal activi24 ties, including individuals representing State and

25 local governments, ocean-related industries, aca-
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1 demic and technical institutions, and public interest

2 organizations involved with scientific, regulatory,

3 economic, and environmental ocean and coastal ac4 tivities. The membership of the Commission shall be

5 balanced geographically to the extent consistent with

6 maintaining the highest level of expertise on the

7 Commission.

8 (2) NOMINATIONS.—The President shall ap9 point the members of the Commission, within 90

10 days after the effective date of this Act, including in11 dividuals nominated as follows:

12 (A) 4 members shall be appointed from a

13 list of 8 individuals who shall be nominated by

14 the Majority Leader of the Senate in consulta15 tion with the Chairman of the Senate Com16 mittee on Commerce, Science, and Transpor17 tation.

18 (B) 4 members shall be appointed from a

19 list of 8 individuals who shall be nominated by

20 the Speaker of the House of Representatives in

21 consultation with the Chairmen of the House

22 Committees on Resources, Transportation and

23 Infrastructure, and Science.

24 (C) 2 members shall be appointed from a

25 list of 4 individuals who shall be nominated by
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1 the Minority Leader of the Senate in consulta2 tion with the Ranking Member of the Senate

3 Committee on Commerce, Science, and Trans4 portation.

5 (D) 2 members shall be appointed from a

6 list of 4 individuals who shall be nominated by

7 the Minority Leader of the House in consulta8 tion with the Ranking Members of the House

9 Committees on Resources, Transportation and

10 Infrastructure, and Science.

11 (3) CHAIRMAN.—The Commission shall select a

12 Chairman from among its members. The Chairman

13 of the Commission shall be responsible for—

14 (A) the assignment of duties and respon15 sibilities among staff personnel and their con16 tinuing supervision; and

17 (B) the use and expenditure of funds avail18 able to the Commission.

19 (4) VACANCIES.—Any vacancy on the Commis20 sion shall be filled in the same manner as the origi21 nal incumbent was appointed.

22 (c) RESOURCES.—In carrying out its functions under

23 this section, the Commission—

24 (1) shall give appropriate consideration to re25 ports and other documents prepared for the 1998
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1 Year of the Ocean, as well as follow-on reports, in2 cluding the August 1999 Department of Transpor3 tation Report on the Marine Transportation System

4 and the September 1999 President’s Report on Na5 tional Ocean Policy;

6 (2) is authorized to secure directly from any

7 Federal agency or department any information it

8 deems necessary to carry out its functions under this

9 Act. Each such agency or department is authorized

10 to cooperate with the Commission and, to the extent

11 permitted by law, to furnish such information to the

12 Commission, upon the request of the Commission;

13 and

14 (3) may enter into contracts, subject to the

15 availability of appropriations for contracting, and

16 employ such staff experts and consultants as may be

17 necessary to carry out the duties of the Commission,

18 as provided by section 3109 of title 5, United States

19 Code.

20 (4) STAFFING.—The Chairman of the Commis21 sion may, without regard to the civil service laws

22 and regulations, appoint and terminate an Executive

23 Director and such other additional personnel as may

24 be necessary for the Commission to perform its du25 ties. The Executive Director shall be compensated at
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1 a rate not to exceed the rate payable for Level V of

2 the Executive Schedule under section 5136 of title

3 5 United States Code. The employment and termi4 nation of an Executive Director shall be subject to

5 confirmation by a majority of the members of the

6 Commission.

7 (d) MEETINGS.—

8 (1) ADMINISTRATION.—All meetings of the

9 Commission shall be open to the public, except that

10 a meeting or any portion of it may be closed to the

11 public if it concerns matters or information de12 scribed in section 552b(c) of title 5, United States

13 Code. Interested persons shall be permitted to ap14 pear at open meetings and present oral or written

15 statements on the subject matter of the meeting.

16 The Commission may administer oaths or affirma17 tions to any person appearing before it.

18 (A) All open meetings of the Commission

19 shall be preceded by timely public notice in the

20 Federal Register of the time, place, and subject

21 of the meeting.

22 (B) Minutes of each meeting shall be kept

23 and shall contain a record of the people present,

24 a description of the discussion that occurred,

25 and copies of all statements filed. Subject to
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1 section 552 of title 5, United States Code, the

2 minutes and records of all meetings and other

3 documents that were made available to or pre4 pared for the Commission shall be available for

5 public inspection and copying at a single loca6 tion in the offices of the Commission.

7 (2) INITIAL MEETING.—The Commission shall

8 hold its first meeting within 30 days after all 16

9 members have been appointed.

10 (3) REQUIRED PUBLIC MEETINGS.—The Com11 mission shall hold at least one public meeting in

12 Alaska and each of the following regions of the

13 United States:

14 (A) The Northeast (including the Great

15 Lakes).

16 (B) The Southeast (including the Carib17 bean).

18 (C) The Southwest (including Hawaii and

19 the Pacific Territories).

20 (D) The Northwest.

21 (E) The Gulf of Mexico.

22 (e) REPORT.—

23 (1) IN GENERAL.—Within 18 months after the

24 establishment of the Commission, the Commission

25 shall submit to Congress and the President a final
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1 report of its findings and recommendations regard2 ing United States ocean policy.

3 (2) REQUIRED MATTER.—The final report of

4 the Commission shall include the following assess5 ment, reviews, and recommendations:

6 (A) An assessment of existing and planned

7 facilities associated with ocean and coastal ac8 tivities including human resources, vessels, com9 puters, satellites, and other appropriate plat10 forms and technologies.

11 (B) A review of existing and planned ocean

12 and coastal activities of Federal entities, rec13 ommendations for changes in such activities

14 necessary to improve efficiency and effective15 ness and to reduce duplication of Federal ef16 forts.

17 (C) A review of the cumulative effect of

18 Federal laws and regulations on United States

19 ocean policy, an examination of those laws and

20 regulations for inconsistencies and contradic21 tions that might adversely affect the conduct of

22 ocean and coastal activities, and recommenda23 tions for resolving such inconsistencies to the

24 extent practicable. Such review shall also con-
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1 sider conflicts with State ocean and coastal

2 management regimes.

3 (D) A review of the known and anticipated

4 supply of, and demand for, ocean and coastal

5 resources of the United States.

6 (E) A review of the relationship between

7 Federal, State, and local governments and the

8 private sector in planning and carrying out

9 ocean and coastal activities, and recommenda10 tions for enhancing the role of State and local

11 governments if the Commission determines that

12 enhancement of that role is desirable.

13 (F) A review of opportunities for the devel14 opment of or investment in new products, tech15 nologies, or markets related to ocean and coast16 al activities.

17 (G) A review of previous and ongoing State

18 and Federal efforts to enhance the effectiveness

19 and integration of ocean and coastal activities.

20 (H) Recommendations for any modifica21 tions to United States laws, regulations, and

22 the administrative structure of Executive agen23 cies, necessary to improve the understanding,

24 management, conservation, and use of, and ac25 cess to, ocean and coastal resources.
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1 (I) A review of the effectiveness and ade2 quacy of existing Federal interagency ocean pol3 icy coordination mechanisms, and recommenda4 tions for changing or improving the effective5 ness of such mechanisms necessary to respond

6 to or implement the recommendations of the

7 Commission.

8 (3) CONSIDERATION OF FACTORS.—In making

9 its assessment and reviews and developing its rec10 ommendations, the Commission shall give equal con11 sideration to environmental, technical, economic, and

12 other relevant factors.

13 (4) LIMITATIONS.—The recommendations of

14 the Commission shall not be specific to the lands

15 and waters within a single State.

16 (f) PUBLIC AND COASTAL STATE REVIEW.—

17 (1) NOTICE.—Before submitting the final re18 port to the Congress, the Commission shall—

19 (A) publish in the Federal Register a no20 tice that a draft report is available for public

21 review; and

22 (B) provide a copy of the draft report to

23 the Governor of each coastal state, the Commit24 tees on Resources, Transportation and Infra25 structure, and Science of the House of Rep-
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1 resentatives, and the Committee on Commerce,

2 Science, and Transportation of the Senate.

3 (2) INCLUSION OF GOVERNORS’ COMMENTS.—

4 The Commission shall include in the final report

5 comments received from the Governor of a coastal

6 state regarding recommendations in the draft report.

7 (g) ADMINISTRATIVE PROCEDURE FOR REPORT AND

8 REVIEW.—Chapter 5 and chapter 7 of title 5, United

9 States Code, do not apply to the preparation, review, or

10 submission of the report required by subsection (e) or the

11 review of that report under subsection (f).

12 (h) TERMINATION.—The Commission shall cease to

13 exist 30 days after the date on which it submits its final

14 report.

15 (i) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated to carry out this section

17 a total of $6,000,000 for the 3 fiscal-year period beginning

18 with fiscal year 2001, such sums to remain available until

19 expended.

20 SEC. 4. NATIONAL OCEAN POLICY.

21 (a) NATIONAL OCEAN POLICY.—Within 120 days

22 after receiving and considering the report and rec23 ommendations of the Commission under section 3, the

24 President shall submit to Congress a statement of pro25 posals to implement or respond to the Commission’s rec-
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1 ommendations for a coordinated, comprehensive, and long2 range national policy for the responsible use and steward3 ship of ocean and coastal resources for the benefit of the

4 United States. Nothing in this subsection authorizes the

5 President to take any administrative or regulatory action,

6 or to implement a reorganization plan, not otherwise au7 thorized by law in effect at the time of such action.

8 (b) COOPERATION AND CONSULTATION.—In the

9 process of developing proposals for submission under sub10 section (a), the President shall consult with State and

11 local governments and non-Federal organizations and indi12 viduals involved in ocean and coastal activities.

13 SEC. 5. BIENNIAL REPORT.

14 Beginning in January, 2001, the President shall

15 transmit to the Congress biennially a report that includes

16 a detailed listing of all existing Federal programs related

17 to ocean and coastal activities, including a description of

18 each program, the current funding for the program, link19 ages to other Federal programs, and a projection of the

20 funding level for the program for each of the next 5 fiscal

21 years beginning after the report is submitted.

22 SEC. 6. DEFINITIONS.

23 In this Act:

24 (1) COASTAL STATE.—The term ‘‘coastal state’’

25 means a State in, or bordering on, the Atlantic, Pa-
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1 cific, or Arctic Ocean, the Gulf of Mexico, or one or

2 more Great Lakes.

3 (2) MARINE ENVIRONMENT.—The term ‘‘ma4 rine environment’’ includes—

5 (A) the oceans, including coastal and off6 shore waters;

7 (B) the continental shelf; and

8 (C) the Great Lakes.

9 (3) OCEAN AND COASTAL RESOURCE.—The

10 term ‘‘ocean and coastal resource’’ means any living

11 or non-living natural, historic, or cultural resource

12 found in the marine environment.

13 (4) COMMISSION.—The term ‘‘Commission’’

14 means the Commission on Ocean Policy established

15 by section 3.

16 SEC. 7. EFFECTIVE DATE.

17 This Act shall become effective on December 31,

18 2000.
Calendar No. 568

106TH CONGRESS

2D SESSION S. 2327

[Report No. 106–301]

A BILL

To establish a Commission on Ocean Policy, and

for other purposes.

MAY 23, 2000

Reported without amendment