I 

108TH CONGRESS 

2D SESSION H. R. 4900

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

Oceanic and Atmospheric Administration, to establish a National Oceans 

Council, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2004

Mr. GREENWOOD (for himself, Mr. FARR, Mr. WELDON of Pennsylvania, and 

Mr. ALLEN) introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committee on Science, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To establish a national policy for our oceans, to strengthen 

the National Oceanic and Atmospheric Administration, 

to establish a National Oceans Council, 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 ‘‘Oceans Conservation, Education, and National Strategy 

6 for the 21st Century Act’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Purpose. 

Sec. 4. Definitions. 

TITLE I—CONGRESSIONAL DECLARATION OF NATIONAL OCEANS 

POLICY 

Sec. 101. National oceans policy. 

TITLE II—NATIONAL STANDARDS 

Sec. 201. National standards. 

Sec. 202. Determination of compliance with national oceans policy and national 

standards. 

Sec. 203. Implementation. 

Sec. 204. Stricter standards. 

TITLE III—NATIONAL OCEANIC AND ATMOSPHERIC 

ADMINISTRATION 

Sec. 301. Existence in Department of Commerce; mission. 

Sec. 302. Administrator; functions. 

Sec. 303. Other officers. 

Sec. 304. Qualifications of Administration officers. 

Sec. 305. Transfer of marine mammals management functions to the Administrator. 

Sec. 306. Science Advisory Board. 

Sec. 307. Report of recommendations for reorganization to establish a Department of Natural Resources. 

TITLE IV—NATIONAL OCEANS ADVISOR 

Sec. 401. Executive Advisor; mission. 

Sec. 402. Staffing. 

TITLE V—NATIONAL OCEANS COUNCIL 

Sec. 501. Establishment of Council; mission. 

Sec. 502. Chair; membership; functions. 

Sec. 503. Limitations on voting. 

TITLE VI—COUNCIL OF ADVISORS ON OCEANS POLICY 

Sec. 601. Establishment of Council. 

Sec. 602. Duties. 

Sec. 603. Membership. 

Sec. 604. Meetings. 

TITLE VII—REGIONAL PLANNING 

Sec. 701. Findings. 

Sec. 702. Designation of ocean regions; Regional Administrators. 

Sec. 703. Regional Ocean Councils. 
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Sec. 704. Regional Ocean Ecosystem Plans. 

Sec. 705. Consistency requirements. 

Sec. 706. Regional Ocean Council advisory committees. 

Sec. 707. Financial assistance to States. 

Sec. 708. Citizen suits. 

TITLE VIII—OCEAN SCIENCE, EXPLORATION, AND RESEARCH 

COORDINATION 

Sec. 801. Committee on Ocean Science, Education, and Operations. 

Sec. 802. National Strategy for Ocean and Coastal Science. 

Sec. 803. National Ocean Partnership Program. 

Sec. 804. Ocean Research and Education Advisory Panel. 

Sec. 805. Marine ecosystems research. 

Sec. 806. Authorization of appropriations. 

TITLE IX—OCEAN EDUCATION 

Sec. 901. Subcommittee on Ocean Education. 

Sec. 902. Ocean and coastal education program. 

Sec. 903. Ocean Science and Technology Scholarship Program. 

Sec. 904. National Oceanic and Atmospheric Administration Office of Education. 

Sec. 905. Amendment to the National Sea Grant College Program Act. 

Sec. 906. National ocean awareness media campaign. 

Sec. 907. Authorization of appropriations. 

TITLE X—OCEAN EXPLORATION 

Sec. 1001. National Oceanic and Atmospheric Administration Office of Ocean 

Exploration. 

Sec. 1002. Subcommittee on Ocean Exploration. 

Sec. 1003. Authorization of appropriations. 

TITLE XI—OCEAN AND GREAT LAKES CONSERVATION TRUST 

FUND 

Sec. 1101. Establishment of Fund. 

Sec. 1102. Limitation on use of available amounts for administration. 

Sec. 1103. Recordkeeping requirements. 

Sec. 1104. Maintenance of effort and matching funding. 

Sec. 1105. Sunset. 

Sec. 1106. Community assistance formula and payments. 

Sec. 1107. Approval of State funding and spending plans.

1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) United States ocean waters and the ocean 

4 resources they contain are vital for the national se5 curity, environment, economy, and culture of the 

6 United States. 
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1 (2) Consistent with customary international 

2 law, the United States exercises sovereign rights 

3 over ocean resources within United States ocean wa4 ters. 

5 (3) These ocean resources are the property of 

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

7 them by Federal, State, local, and tribal govern8 ments, and should be managed to preserve the full 

9 range of their benefits for present and future gen10 erations. 

11 (4) Marine, terrestrial, and atmospheric sys12 tems are interdependent, requiring that policy, infor13 mation transfer, and the management of human ac14 tivities be coordinated across systems. 

15 (5) Healthy and productive coastal and marine 

16 ecosystems are the keys to securing the full range of 

17 benefits from ocean resources for the people of the 

18 United States. 

19 (6) A variety of threats and practices have 

20 caused dramatic declines in the health and produc21 tivity of coastal and marine ecosystems of the 

22 United States. Among the major threats to marine 

23 ecosystem health are—

24 (A) global climate change; 
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1 (B) chemical, nutrient, and biological pol2 lution; 

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

5 (D) habitat damage; 

6 (E) overfishing; and 

7 (F) invasive species. 

8 (7) These threats are exacerbated by the legal 

9 and geographic fragmentation of authority over 

10 ocean space and ocean resources. 

11 (8) Activities harming coastal and marine eco12 systems jeopardize the economies and social struc13 ture of coastal communities dependent on these re14 sources. 

15 (9) While there is a plethora of laws, govern16 ment agencies, and programs dealing with coastal 

17 resources and ocean resources, activities thereunder 

18 are poorly coordinated and do not constitute a uni19 fied and comprehensive public policy toward the 

20 oceans. 

21 (10) 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 is needed to govern the range of 
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1 human activities affecting the health and produc2 tivity of marine ecosystems. 

3 SEC. 3. PURPOSE. 

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

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

6 range of environmental, economic, educational, social, cul7 tural, nutritional, and recreational benefits of healthy ma8 rine ecosystems, by—

9 (1) establishing a comprehensive national 

10 oceans policy that is binding on all covered actions 

11 that may significantly affect United States ocean 

12 waters and ocean resources; 

13 (2) requiring covered actions to be consistent 

14 with the purposes and policies of this Act; 

15 (3) mandating that clear standards be set 

16 against which compliance with the national oceans 

17 policy can be measured; 

18 (4) providing a mechanism through which com19 pliance with this Act can be assured; 

20 (5) consolidating and restructuring Federal 

21 ocean programs to support this Act; and 

22 (6) promoting ecologically sustainable ocean re23 source management by strengthening and empow24 ering ocean governance. 
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1 SEC. 4. DEFINITIONS. 

2 In this Act: 

3 (1) COVERED ACTION.—The term ‘‘covered ac4 tion’’ means any activity affecting United States 

5 ocean waters or ocean resources, that is carried 

6 out—

7 (A) by a Federal agency, including the 

8 issuance of a Federal license or permit; or 

9 (B) by any other person using Federal 

10 funds. 

11 (2) ADMINISTRATOR.—The term ‘‘Adminis12 trator’’ means the Administrator of the National 

13 Oceanic and Atmospheric Administration. 

14 (3) ADMINISTRATION.—The term ‘‘Administra15 tion’’ means the National Oceanic and Atmospheric 

16 Administration provided for in section 301. 

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

18 National Oceans Advisor appointed under section 

19 401. 

20 (5) BIOLOGICAL DIVERSITY.—The term ‘‘bio21 logical diversity’’ means a collection of genomes, spe22 cies, and ecosystems occurring in a geographically 

23 defined region. 

24 (6) ECOLOGICALLY SUSTAINABLE.—The term 

25 ‘‘ecologically sustainable’’ means capable of main26 taining biological diversity and ecosystem structure 
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1 and functioning from 1 human generation to the 

2 next, so as not to deny future generations the goods 

3 and services provided by marine ecosystems that are 

4 enjoyed today. 

5 (7) FUNCTION.—The term ‘‘function’’, when 

6 used in reference to a function of a government 

7 agency or official, includes authorities, powers, 

8 rights, privileges, immunities, programs, projects, 

9 activities, duties, and responsibilities. 

10 (8) MARINE ECOSYSTEM HEALTH AND HEALTH

11 OF MARINE ECOSYSTEMS.—Each of the terms ‘‘ma12 rine ecosystem health’’ and ‘‘health of marine eco13 systems’’ means the ability of a marine ecosystem to 

14 support and maintain a productive and resilient 

15 community of organisms, having a species composi16 tion, diversity, and functional organization resulting 

17 from the natural habitat of the region, such that it 

18 provides a complete range of ecological benefits, in19 cluding—

20 (A) a complete diversity of native species 

21 and habitats wherein each native species is able 

22 to maintain an abundance, population struc23 ture, and distribution supporting its ecological 

24 and evolutionary functions and processes; and 
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1 (B) a physical, chemical, geological, and 

2 microbial environment that is supportive of the 

3 requirements of this paragraph. 

4 (9) HEALTHY MARINE ECOSYSTEM.—The term 

5 ‘‘healthy marine ecosystem’’ means a marine eco6 system with the ability to support and maintain a 

7 productive and resilient community of organisms, 

8 having a species composition, diversity, and func9 tional organization resulting from the natural habi10 tat of the region, such that it provides a complete 

11 range of ecological benefits, including—

12 (A) a complete diversity of native species 

13 and habitats wherein each native species is able 

14 to maintain an abundance, population struc15 ture, and distribution supporting its ecological 

16 and evolutionary functions and processes; and 

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

18 microbial environment that is supportive of the 

19 requirements of this paragraph. 

20 (10) ECOSYSTEM-BASED MANAGEMENT.—The 

21 term ‘‘ecosystem-based management’’ means an ap22 proach to the management of human activities and 

23 natural resources affected by such activities that in24 corporates the following: 

25 (A) Long term ecological sustainability. 
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1 (B) Clear, operational goals, with reference 

2 to a desired future status of ecosystem proc3 esses and components. 

4 (C) Use of the best available scientific in5 formation regarding ecosystems and their func6 tions, including, but not limited to, multiple in7 dicators, including models and other quan8 titative and qualitative techniques at varying 

9 scales. 

10 (D) Awareness of complexity, interconnect11 edness, and resiliency. 

12 (E) Recognition that ecosystems are dy13 namic. 

14 (F) Attention to context and scale, as nec15 essary to align decision processes with eco16 system processes that vary across space and 

17 time. 

18 (G) Acknowledgement of humans as eco19 system components who must be engaged to 

20 achieve long term management goals. 

21 (H) Accountability. 

22 (I) Identification of uncertainties. 

23 (J) Adaptiveness, including approaches 

24 that supplement limited predictive capacities 
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1 and respond to changes in ecosystems, informa2 tion, and anthropogenic stressors. 

3 (11) UNITED STATES OCEAN WATERS.—The 

4 term ‘‘United States ocean waters’’ means the zone 

5 extending from the baseline from which the breadth 

6 of the United States territorial sea is measured to 

7 the extent of the Exclusive Economic Zone as speci8 fied in Presidential Proclamation Number 5030, 

9 dated March 10, 1983, including the territorial wa10 ters of the Great Lakes and the waters of the conti11 nental shelf to which the United States is granted 

12 sovereign rights under international law. 

13 (12) OCEAN RESOURCES.—The term ‘‘ocean re14 sources’’ means any living, nonliving, or cultural 

15 amenity in United States ocean waters. 

16 (13) COASTAL.—The term ‘‘coastal’’ includes 

17 coastal areas of United States ocean waters of the 

18 Great Lakes. 

19 (14) MARINE.—The term ‘‘marine’’ includes of 

20 or relating to United States ocean waters of the 

21 Great Lakes. 

22 (15) REGIONAL OCEAN COUNCIL.—The term 

23 ‘‘Regional Ocean Council’’ means such a council es24 tablished by the Administrator under section 703. 
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1 (16) OCEAN REGION.—The term ‘‘ocean re2 gion’’ means such a region designated under section 

3 702(a). 

4 (17) QUALIFIED OUTER CONTINENTAL SHELF

5 REVENUES.—The term ‘qualified Outer Continental 

6 Shelf revenues’ means (except as otherwise provided 

7 in this paragraph) all moneys received by the United 

8 States from each leased tract or portion of a leased 

9 tract lying seaward of the zone defined and governed 

10 by section 8(g) of the Outer Continental Shelf Lands 

11 Act (43 U.S.C. 1337(g)), or lying within such zone 

12 but to which section 8(g) does not apply, the geo13 graphic center of which lies within a distance of 200 

14 miles from any part of the coastline of any coastal 

15 State, including bonus bids, rents, royalties (includ16 ing payments for royalty taken in kind and sold), 

17 net profit share payments, and related late-payment 

18 interest from natural gas and oil leases issued pur19 suant to the Outer Continental Shelf Lands Act. 

20 Such term does not include any revenues from a 

21 leased tract or portion of a leased tract that is lo22 cated in a geographic area subject to a leasing mora23 torium on January 1, 2001, unless the lease was 

24 issued prior to the establishment of the moratorium 

25 and was in production on January 1, 2001. 
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1 (18) COASTAL STATE.—The term ‘‘coastal 

2 State’’—

3 (A) means a State of the United States in, 

4 or bordering on, the Atlantic, Pacific, or Arctic 

5 Ocean, the Gulf of Mexico, Long Island Sound, 

6 or 1 or more of the Great Lakes; and 

7 (B) includes Puerto Rico, the Virgin Is8 lands, Guam, the Commonwealth of the North9 ern Mariana Islands, and the Trust Territories 

10 of the Pacific Islands, and American Samoa. 

11 (19) COASTAL POLITICAL SUBDIVISION.—The 

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

13 subdivision of a coastal State all or part of which 

14 political subdivision is within the coastal zone (as de15 fined in section 304 of the Coastal Zone Manage16 ment Act of 1972 (16 U.S.C.1453)). 

17 (20) COASTAL POPULATION DENSITY.—The 

18 term ‘‘coastal population density’’ means the popu19 lation as determined by the most recent census data 

20 in the States coastal zone as determined pursuant to 

21 the Coastal Zone Management Act of 1972. (16 

22 U.S.C.1451 et seq.). 
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1 TITLE I—CONGRESSIONAL DEC2 LARATION OF NATIONAL 

3 OCEANS POLICY 

4 SEC. 101. NATIONAL OCEANS POLICY. 

5 (a) POLICY.—The Congress declares that it is the 

6 continuing policy of the United States to protect, main7 tain, and restore the health of marine ecosystems in order 

8 to fulfill the social, economic, and other requirements of 

9 present and future generations of Americans. 

10 (b) RESPONSIBILITY OF FEDERAL GOVERNANCE

11 SYSTEM.—In order to carry out the policy set forth in this 

12 Act, the President, acting through the Administrator of 

13 the National Oceanic and Atmospheric Administration 

14 and top officials of other Federal agencies and depart15 ments, shall—

16 (1) protect, maintain, and restore marine bio17 logical diversity and the functioning of marine eco18 systems; 

19 (2) require that ocean resources be used in a 

20 manner that is ecologically sustainable; 

21 (3) manage covered actions affecting the oceans 

22 on an ecosystem basis; 

23 (4) exercise precaution in support of protecting, 

24 restoring, and maintaining the health of marine eco-
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1 systems in the case of uncertain or inadequate infor2 mation; 

3 (5) use the best available scientific, social, and 

4 economic information to make decisions; 

5 (6) support research and education to improve 

6 basic understanding of marine ecosystems and their 

7 management and restoration; 

8 (7) promote and support international collabo9 ration on research of marine ecosystems and the 

10 conservation of healthy marine ecosystems; 

11 (8) adapt in a timely manner to new informa12 tion on the health of marine ecosystems and the ef13 fectiveness of management decisions; 

14 (9) be equitable and transparent, and promote 

15 cooperation among all stakeholders; and 

16 (10) provide accountability. 

17 TITLE II—NATIONAL 

18 STANDARDS 

19 SEC. 201. NATIONAL STANDARDS. 

20 (a) ESTABLISHMENT OF STANDARDS.—To the fullest 

21 extent possible the policies, regulations, and Public Laws 

22 of the United States shall be interpreted and administered 

23 in accordance with the following national standards: 

24 (1) Covered actions affecting United States 

25 ocean waters or ocean resources must be conducted 
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1 in a manner that is consistent with the protection 

2 and maintenance of healthy marine ecosystems and, 

3 where appropriate, the restoration of degraded ma4 rine ecosystems. 

5 (2) Any covered action that may significantly 

6 affect United States ocean waters or ocean resources 

7 may proceed only if the covered action, individually 

8 and in combination with other covered actions—

9 (A) is not likely to significantly harm the 

10 health of any marine ecosystem; and 

11 (B) is not likely to significantly impede the 

12 restoration of the health of any marine eco13 system. 

14 (3) In the case of incomplete or inconclusive in15 formation as to the effects of a covered action on 

16 United States ocean waters or ocean resources, deci17 sions shall be made in such a way as will ensure pro18 tection, maintenance, and restoration of healthy ma19 rine ecosystems. 

20 (4) To the extent practicable, and consistent 

21 with other provisions of this Act, including the other 

22 National Standards under this subsection, adverse 

23 social and economic impacts on communities that 

24 are significantly resource dependent shall be mini25 mized. Consideration of impacts on resource depend-
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1 ent communities shall include, but not be limited to, 

2 cumulative impacts. 

3 (b) RULEMAKING.—

4 (1) APPLICATION OF NATIONAL STANDARDS TO

5 COVERED ACTIONS.—Within 12 months after the 

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

7 in consultation with the National Oceans Council, 

8 shall issue regulations that shall govern the applica9 tion of the national standards set forth in subsection 

10 (a) with respect to covered actions. 

11 (2) OTHER REGULATIONS.—The Administrator 

12 may issue other regulations regarding implementa13 tion of subsection (a) as the Administrator considers 

14 necessary. 

15 SEC. 202. DETERMINATION OF COMPLIANCE WITH NA16 TIONAL OCEANS POLICY AND NATIONAL 

17 STANDARDS. 

18 (a) REQUIREMENT.—Any determination of whether a 

19 covered action complies with section 201 shall be made 

20 in accordance with 

21 (1) regulations issued under section 201; and 

22 (2) any applicable Regional Ocean Ecosystem 

23 Plan that is approved or prepared by the Adminis24 trator under this Act. 
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1 (b) APPLICATION OF NATIONAL STANDARDS NOT AF2 FECTED.—This section shall not be construed as limiting 

3 the application of section 201 before the approval or 

4 issuance of a Regional Ocean Ecosystem Plan by the Ad5 ministrator. 

6 (c) GUIDANCE.—Within 12 months after the date of 

7 the enactment of this Act, the Administrator, in consulta8 tion with the National Oceans Council, shall issue detailed 

9 guidance to the Regional Ocean Councils, based on the 

10 national standards listed in section 201, for the issuance 

11 of Regional Ocean Ecosystem Plans under title VII. The 

12 guidance shall address—

13 (1) assessing and monitoring the health of ma14 rine ecosystems; 

15 (2) how to apply the definition of ‘‘marine eco16 system health’’ at the regional level, including estab17 lishing marine ecosystem health criteria and indica18 tors; 

19 (3) predicting the likely effects of proposed cov20 ered actions on the health of marine ecosystems, and 

21 determining whether those effects are significant; 

22 (4) facilitating ecosystem-based management of 

23 United States ocean waters and ocean resources; 

24 and 
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1 (5) the types of covered actions that are likely 

2 to have a significant effect on the health of marine 

3 ecosystems. 

4 (d) NATIONAL RESEARCH COUNCIL.—To assist the 

5 Administrator in issuing guidance under subsection (c), 

6 the Administrator may request the National Research 

7 Council to—

8 (1) convene a panel with expertise on marine 

9 science and the management of ocean resources to 

10 develop recommendations; and 

11 (2) update such recommendations every 5 

12 years. 

13 SEC. 203. IMPLEMENTATION. 

14 (a) IN GENERAL.—The head of each Federal agency 

15 shall, in consultation with the Administrator, ensure that 

16 all covered actions of the agency comply with the national 

17 standards set forth in section 201. 

18 (b) COMPLIANCE REVIEW.—In conducting an envi19 ronmental review authorized under the National Environ20 mental Policy Act of 1969, the head of each Federal agen21 cy shall, after consultation with the Administrator, include 

22 in the review an assessment of the impact of the proposed 

23 covered action on the health of marine ecosystems. The 

24 Administrator, after considering any findings of the Re25 gional Administrator concerned, shall determine whether 
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1 the proposed covered action is in compliance with the poli2 cies, national standards, and any applicable Regional 

3 Ocean Ecosystem Plan that is approved or prepared by 

4 the Administrator under this Act. 

5 (c) CHANGES OR ALTERNATIVES.—If the Adminis6 trator determines that a proposed covered action is not 

7 in compliance with the policies, national standards, and 

8 any applicable approved Regional Ocean Ecosystem Plan 

9 under this Act, the Administrator shall propose changes 

10 or alternatives to the proposed covered action that would 

11 make the covered action be in compliance with this Act. 

12 (d) RESOLUTION OF DISPUTES.—

13 (1) APPEAL TO COUNCIL.—If the Administrator 

14 determines that a proposed covered action is not in 

15 compliance with the policies and national standards 

16 set forth in this Act, the head of the agency pro17 posing the covered action may appeal the determina18 tion to the National Oceans Council. 

19 (2) POLICIES AND PROCEDURES FOR AP20 PEALS.—The National Oceans Council shall issue 

21 policies and procedures for hearing appeals under 

22 this subsection. 

23 (3) DETERMINATION OF APPEAL.—If an appeal 

24 is granted, the National Oceans Council shall, by a 

25 vote of at least two-thirds of the members of the 
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1 Council, determine whether or not the proposed cov2 ered action is in compliance with the policies and na3 tional standards set forth in this Act. 

4 (4) CONDITIONAL DETERMINATION OF COMPLI5 ANCE.—

6 (A) CONDITIONAL DETERMINATION.—The 

7 National Oceans Council may determine that a 

8 proposed covered action is in compliance with 

9 this Act subject to the agency complying, in 

10 conducting the action, with requirements, re11 strictions, or other conditions established by the 

12 National Oceans Council. 

13 (B) COMPLIANCE WITH CONDITIONS RE14 QUIRED.—If the National Oceans Council es15 tablishes conditions for a proposed covered ac16 tion under subparagraph (A), the agency may 

17 not conduct the action except in compliance 

18 with such conditions. 

19 (5) REFERRAL TO PRESIDENT.—If the National 

20 Oceans Council does not determine in accordance 

21 with paragraph (2) that the proposed covered action 

22 is in compliance with the policies and national stand23 ards set forth in this Act—

24 (A) the National Oceans Council shall, by 

25 vote of a majority of the members of the Coun-
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1 cil, approve and submit to the President a rec2 ommendation for resolving the matter; and 

3 (B) the President, after consideration of 

4 such recommendations, shall determine whether 

5 the proposed covered action is in compliance 

6 with the policies and national standards set 

7 forth in this Act. 

8 (e) ENSURING COMPLIANCE.—The head of each Fed9 eral agency and department shall ensure that final covered 

10 actions of such agency or department comply with this 

11 Act, including the implementation of changes rec12 ommended by the Administrator, the Council, or the 

13 President. 

14 SEC. 204. STRICTER STANDARDS. 

15 Nothing in this Act shall be construed to limit the 

16 authority of a local or State government or the Federal 

17 Government to establish more stringent standards, re18 quirements, or restrictions within their respective jurisdic19 tions, in order to provide greater protection of marine eco20 system health (including to be consistent with other appli21 cable law), than the protection provided by a Regional 

22 Ocean Ecosystem Plan that is approved or prepared by 

23 the Administrator under this Act. 
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1 TITLE III—NATIONAL OCEANIC 

2 AND ATMOSPHERIC ADMINIS3 TRATION 

4 SEC. 301. EXISTENCE IN DEPARTMENT OF COMMERCE; MIS5 SION. 

6 (a) ESTABLISHMENT.—There shall be in the Depart7 ment of Commerce the National Oceanic and Atmospheric 

8 Administration. Reorganization Plan No. 4 of 1970 shall 

9 have no further force or effect. 

10 (b) MISSION.—The primary mission of the Adminis11 tration is to—

12 (1) act as the non-military Federal agency with 

13 responsibility for providing oversight of all United 

14 States ocean waters and ocean resources; 

15 (2) understand and predict changes in the 

16 Earth’s environment and conserve and manage 

17 ocean resources to meet our Nation’s economic, so18 cial, and environmental needs; 

19 (3) protect, maintain, and restore the health of 

20 marine ecosystems; and 

21 (4) promote the ecologically sustainable use and 

22 management of United States ocean waters and 

23 ocean resources. 

24 (c) DUTIES.—It is the duty of the Administration 

25 to—
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1 (1) protect, maintain, and restore the health of 

2 marine ecosystems through ecosystem-based man3 agement in the United States; 

4 (2) assess climate variability and change to un5 derstand and predict climate system dynamics and 

6 the impacts of coupled atmosphere/oceans/land sys7 tems; 

8 (3) meet society’s diverse and expanding needs 

9 for weather-related information, and enhance pre10 paredness for responding to weather conditions; 

11 (4) support research that provides a com12 prehensive understanding of marine systems to meet 

13 the environmental, economic, and public safety needs 

14 of the United States; 

15 (5) use the best available technology to explore 

16 and map United States ocean waters, and work col17 laboratively with other countries to use the best 

18 available technology to explore and map their ocean 

19 waters, in order to better understand ocean dynam20 ics; 

21 (6) educate the United States about earth’s dy22 namic biosphere and how humans impact it; 

23 (7) carry out all functions of entities trans24 ferred to the Administration, including by acting as 
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1 a focal point regarding oceans research and manage2 ment; 

3 (8) ensure that people of the United States 

4 have access to the full range of environmental, eco5 nomic, educational, social, cultural, nutritional, and 

6 recreational benefits of healthy marine ecosystems; 

7 and 

8 (9) perform functions authorized to be carried 

9 out by the National Oceanic and Atmospheric Ad10 ministration immediately before the enactment of 

11 this Act. 

12 (d) OFFICES.—There shall be in the Administration 

13 the following offices: 

14 (1) The Office of Oceans Ecosystem Manage15 ment and Protection, which, subject to the other 

16 provisions of this Act, shall perform the functions 

17 performed immediately before the enactment of this 

18 Act by—

19 (A) the National Ocean Service; and 

20 (B) the National Marine Fisheries Service. 

21 (2) The National Weather Service. 

22 (3) The Office of Oceans and Atmospheric Re23 search and Data Services, which, subject to the 

24 other provisions of this Act, shall perform the func-
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1 tions performed immediately before the enactment of 

2 this Act by—

3 (A) the Office of Ocean and Atmospheric 

4 Research; and 

5 (B) the National Environmental Satellite, 

6 Data, and Information Service. 

7 (4) The Office of Education. 

8 (5) The Office of Personnel, Program, and Fa9 cilities Management, which, subject to the other pro10 visions of this Act, shall perform the functions per11 formed immediately before the enactment of this Act 

12 by—

13 (A) the Office of Program Planning and 

14 Integration; and 

15 (B) Office of Marine and Aviation Oper16 ations. 

17 SEC. 302. ADMINISTRATOR; FUNCTIONS. 

18 (a) ADMINISTRATOR.—

19 (1) IN GENERAL.—There is an Under Secretary 

20 of Commerce for Oceans and Atmosphere. The 

21 Under Secretary shall be the Administrator of the 

22 National Oceanic and Atmospheric Administration, 

23 and shall be appointed by the President, by and with 

24 the advice and consent of the Senate. 

25 (2) HEAD OF AGENCY.—The Administrator—
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1 (A) is the head of the Administration; and 

2 (B) shall be responsible for ensuring that 

3 the duties of the Administration under section 

4 301(c) are performed. 

5 (3) FUNCTIONS VESTED IN ADMINISTRATOR.—

6 All functions of all officers, employees, and organiza7 tional units of the Administration are vested in the 

8 Administrator. 

9 (4) PAY.—The Administrator shall be paid at 

10 the rate of basic pay for level III of the Executive 

11 Schedule under section 5314 of title 5, United 

12 States Code. 

13 (b) AUTHORITIES.—The Administrator—

14 (1) except as otherwise provided in this Act, 

15 may delegate any of the Administrator’s functions to 

16 any officer, employee, or organizational unit of the 

17 Administration; 

18 (2) may make contracts, grants, and coopera19 tive agreements, and enter into agreements with 

20 other executive agencies, Indian tribes, States, re21 gional agencies, interstate agencies, and local gov22 ernments, as may be necessary and proper to carry 

23 out the Administrator’s responsibilities under this 

24 Act or as otherwise provided by law; 
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1 (3) shall take reasonable steps to ensure that 

2 information systems and databases of the Adminis3 tration are compatible with each other and with ap4 propriate databases of other agencies; 

5 (4) has the authority to hire personnel, includ6 ing the selection, appointment, distribution, super7 vision, compensation, and separation of personnel; 

8 (5) may procure services of experts and consult9 ants in accordance with section 3109 of title 5, 

10 United States Code; 

11 (6) shall develop policy and guidance; 

12 (7) shall perform general management; and 

13 (8) may prescribe external affairs, including 

14 legal, legislative, and public affairs. 

15 (c) COORDINATION WITH NON-FEDERAL ENTI16 TIES.—With respect to the duties of the Administration 

17 under section 301(c), the Administrator shall coordinate 

18 with State and local government personnel, agencies, and 

19 authorities, with the private sector, and with other enti20 ties. 

21 (d) REPORT TO CONGRESS.—The Administrator shall 

22 transmit to the Congress once every 3 years a report that 

23 sets forth—

24 (1) the status and condition of the health of 

25 marine ecosystems in United States ocean waters; 
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1 (2) past, current, and projected trends in the 

2 quality, management, and utilization of United 

3 States ocean waters and the effects of those trends 

4 on the social, economic, recreational, and other re5 quirements of the United States; 

6 (3) a review of the programs and covered ac7 tions (including regulatory activities) of the Federal 

8 Government, State and local governments, and non9 governmental entities or individuals with particular 

10 reference to their effect on ocean waters and on the 

11 conservation, development, and utilization of ocean 

12 resources; 

13 (4) a description of activities of the Administra14 tion to perform its duties under section 301(c) dur15 ing the period covered by the report; and 

16 (5) a program for remedying the deficiencies of 

17 existing programs and activities, including rec18 ommendations for legislation. 

19 SEC. 303. OTHER OFFICERS. 

20 (a) DEPUTY ADMINISTRATOR.—

21 (1) IN GENERAL.—There is a Deputy Adminis22 trator of the National Oceanic and Atmospheric Ad23 ministration, who shall be appointed by the Adminis24 trator. The position of Deputy Administrator shall 

25 be a Senior Executive Service general position au-
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1 thorized under section 3133 of title 5, United States 

2 Code. 

3 (2) FUNCTIONS.—The Deputy Administrator 

4 is—

5 (A) the Administrator’s first assistant and 

6 serves as an advisor to the Administrator on all 

7 program and policy issues; 

8 (B) responsible for ensuring the timely and 

9 effective implementation of Administration poli10 cies and objectives; and 

11 (C) acts in the position of the Adminis12 trator in the absence or disability of the Admin13 istrator, or in the event of a vacancy of that po14 sition. 

15 (b) ASSISTANT ADMINISTRATORS.—

16 (1) IN GENERAL.—There are the following offi17 cers with specified functions of the Administration, 

18 who shall each be appointed by the Administrator: 

19 (A) An Assistant Administrator for Oceans 

20 Ecosystem Management and Protection, who 

21 shall be the head of the Office of Oceans Eco22 system Management and Protection and shall 

23 oversee programs and activities of the Adminis24 tration relating to marine ecosystem health and 
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1 ecosystem-based management of United States 

2 ocean waters, including—

3 (i) coastal, estuary, Great Lakes, and 

4 ocean management; 

5 (ii) watershed monitoring; 

6 (iii) coral reefs; 

7 (iv) harmful algal blooms; 

8 (v) hypoxia; 

9 (vi) response and restoration; 

10 (vii) fisheries research and manage11 ment; 

12 (viii) protected resources research and 

13 management; 

14 (ix) habitat conservation research and 

15 management; 

16 (x) enforcement and surveillance serv17 ices; 

18 (xi) marine and estuarine aquaculture; 

19 (xii) coastal and estuarine land con20 servation and restoration; 

21 (xiii) sanctuaries and marine pro22 tected areas; 

23 (xiv) invasive species; and 

24 (xv) ocean and coastal partnerships. 
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1 (B) An Assistant Administrator for Weath2 er Services, who shall be the head of the Na3 tional Weather Service and shall oversee pro4 grams and activities of the Administration re5 lating to—

6 (i) weather research; 

7 (ii) air quality research; and 

8 (iii) weather systems operations and 

9 management. 

10 (C) An Assistant Administrator for Oceans 

11 and Atmospheric Research and Data Services, 

12 who shall be the head of the Office of Oceans 

13 and Atmospheric Research and Data Services 

14 and shall oversee programs and activities of the 

15 Administration relating to oceans and atmos16 pheric science and research, including—

17 (i) oceans, coastal, and Great Lakes 

18 research; 

19 (ii) navigation; 

20 (iii) coastal and ocean observing sys21 tems; 

22 (iv) climate research; 

23 (v) the National Sea Grant College 

24 Program; 
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1 (vi) the National Undersea Research 

2 Program; 

3 (vii) ocean exploration, including as 

4 described in section 1001; 

5 (viii) polar research; 

6 (ix) environmental satellite observing 

7 systems; and 

8 (x) data centers and information serv9 ices. 

10 (D) An Assistant Administrator for Oceans 

11 and Atmospheric Education, who shall be the 

12 head of the Office of Education and shall over13 see programs and activities of the Administra14 tion relating to marine education and outreach, 

15 including—

16 (i) the JASON Project; 

17 (ii) ocean science competition; 

18 (iii) educational partnership pro19 grams; and 

20 (iv) other responsibilities as described 

21 in section 904. 

22 (E) An Assistant Administrator for Per23 sonnel, Program, and Facilities Management, 

24 who shall be the head of the Office of Per25 sonnel, Program, and Facilities Management, 
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1 shall oversee the programs and activities of the 

2 Administration relating to general management 

3 of personnel, programs, facilities (including all 

4 vessels and aircraft), and financial matters, in5 cluding—

6 (i) program management and direc7 tion; 

8 (ii) budget formulation, guidance, and 

9 execution; 

10 (iii) resource requirements determina11 tion and allocation; 

12 (iv) environment, safety, and health 

13 operations; and 

14 (v) administration of contracts, real 

15 property, and facilities. 

16 (F) A Chief Scientist, who shall be the 

17 chair of the Science Advisory Board of the Ad18 ministration. 

19 (G) A General Counsel, who shall—

20 (i) be the chief legal officer of the Ad21 ministration for all legal matters that arise 

22 in connection with the conduct of the func23 tions of the Administration; and 
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1 (ii) perform such other functions and 

2 exercise such powers as the Administrator 

3 may prescribe. 

4 (2) PAY.—The Chief Scientist, General Coun5 sel, and each Assistant Administrator is a Senior 

6 Executive Service general position. 

7 SEC. 304. QUALIFICATIONS OF ADMINISTRATION OFFICERS. 

8 The Chief Scientist, General Counsel, Assistant Ad9 ministrators, and Regional Administrators of the Adminis10 tration shall be appointed from among individuals who are 

11 qualified by reason of background and experience to direct 

12 the implementation and administration of the functions 

13 for which they are responsible. 

14 SEC. 305. TRANSFER OF MARINE MAMMALS MANAGEMENT 

15 FUNCTIONS TO THE ADMINISTRATOR. 

16 There is hereby transferred to the Administrator the 

17 function of marine mammals management authorized by 

18 the Marine Mammal Protection Act of 1972 and under 

19 the jurisdiction of the United States Fish and Wildlife 

20 Service immediately before the date of enactment of this 

21 Act. 

22 SEC. 306. SCIENCE ADVISORY BOARD. 

23 (a) IN GENERAL.—There shall be in the Administra24 tion a Science Advisory Board, which shall report to the 

25 Administrator. 
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1 (b) PURPOSE.—The purpose of the Science Advisory 

2 Board is to advise the Administrator on long-range and 

3 short-range strategies for research, education, and appli4 cation of science to ocean resource management and envi5 ronmental assessment and prediction. 

6 (c) MEMBERS.—

7 (1) IN GENERAL.—The Science Advisory Board 

8 shall consist of not less than 11 members, and not 

9 more than 15 members, appointed by the Adminis10 trator to assure a balanced representation among 

11 scientists, engineers, educators, and science policy 

12 experts who are preeminent in their field and have 

13 demonstrated experience reflecting the full breadth 

14 of the Administration’s areas of responsibility. 

15 (2) TERMS.—Members of the Science Advisory 

16 Board—

17 (A) shall be appointed for a 3-year term; 

18 (B) may be reappointed once; and 

19 (C) shall serve at the discretion of the Ad20 ministrator. 

21 (d) COMPENSATION AND EXPENSES.—A member of 

22 the Science Advisory Board shall not receive compensation 

23 for service on such board, but upon request by the member 

24 may be allowed travel expenses, including per diem in lieu 
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1 of subsistence, in accordance with subchapter I of chapter 

2 57 of title 5, United States Code. 

3 (e) ETHICAL STANDARDS.—Members of the Science 

4 Advisory Board are subject to the ethical standards appli5 cable to special Government employees. 

6 (f) CHAIR.—The Chief Scientist is the chair of the 

7 Science Advisory Board. 

8 (g) MEETINGS.—The Science Advisory Board shall 

9 meet at least twice a year, and at other times at the call 

10 of the Administrator or the chair of the Board. 

11 (h) ADMINISTRATIVE SUPPORT.—The Administrator 

12 shall provide administrative support to the Science Advi13 sory Board. 

14 SEC. 307. REPORT OF RECOMMENDATIONS FOR REORGA15 NIZATION TO ESTABLISH A DEPARTMENT OF 

16 NATURAL RESOURCES. 

17 The President shall submit to the Congress by not 

18 later than 2 years after the date of the enactment of this 

19 Act recommendations for reorganizing functions and com20 ponents of existing Federal departments and agencies for 

21 the purpose of establishing a Department of Natural Re22 sources having authority for Federal programs relating to 

23 land, air, and water resources, including freshwater and 

24 ocean resources. 
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1 TITLE IV—NATIONAL OCEANS 

2 ADVISOR 

3 SEC. 401. EXECUTIVE ADVISOR; MISSION. 

4 (a) ESTABLISHMENT.—

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

6 Executive Office of the President a National Oceans 

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

8 and with the advice and consent of the Senate. 

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

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

11 rate payable for Level V of the Executive Schedule 

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

13 (b) DUTIES.—The Advisor shall—

14 (1) advise the President on implementation of 

15 this Act, activities of the National Oceans Council, 

16 section 501, and other covered actions relating to 

17 United States ocean waters and marine ecosystem 

18 health; 

19 (2) serve as the Executive Director of the Na20 tional Oceans Council established by section 501; 

21 and 

22 (3) in consultation with the Administrator, co23 ordinate Federal agency covered actions related to 

24 United States ocean waters and marine ecosystem 

25 health. 
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1 SEC. 402. STAFFING. 

2 (a) IN GENERAL.—The Advisor, without regard to 

3 the civil service laws and regulations governing employ4 ment in the competitive service, may employ such officers 

5 and employees as may be necessary to carry out the func6 tions of the National Oceans Advisor under this Act. 

7 (b) VOLUNTARY AND UNCOMPENSATED SERVICES.—

8 The Advisor may accept, employ, and terminate voluntary 

9 and uncompensated services in furtherance of the pur10 poses of the Advisor. 

11 TITLE V—NATIONAL OCEANS 

12 COUNCIL 

13 SEC. 501. ESTABLISHMENT OF COUNCIL; MISSION. 

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

15 Executive Office of the President a National Oceans Coun16 cil. 

17 (b) DUTIES.—The Council shall—

18 (1) facilitate interagency coordination on Fed19 eral agency covered actions related to United States 

20 ocean waters and marine ecosystem health and the 

21 implementation of this Act; 

22 (2) review and appraise the various programs 

23 and activities of the Federal Government for consist24 ency with the policy set forth in section 101 and 

25 make recommendations to the President with respect 
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1 thereto no later than 1 year after the date of enact2 ment of this Act; 

3 (3) resolve interagency disputes regarding ma4 rine ecosystem health and in particular the imple5 mentation of this Act; 

6 (4) coordinate and certify agency ocean budgets 

7 regarding their sufficiency to achieve the policy set 

8 forth in section 101; and 

9 (5) submit to the President and publish at least 

10 once every 2 years a report on the condition of 

11 United States ocean waters. 

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

13 this Act, the Council may secure directly from any Federal 

14 agency or department any information it considers to be 

15 necessary to carry out its functions under this Act. Each 

16 such agency or department may cooperate with the Coun17 cil and, to the extent permitted by law, shall furnish such 

18 information (other than information described in section 

19 552(b)(1)(A) of title 5, United States Code) to the Coun20 cil, upon request of the Council. 

21 SEC. 502. CHAIR; MEMBERSHIP; FUNCTIONS. 

22 (a) CHAIR.—The National Oceans Advisor shall be 

23 the Chair of the Council. 

24 (b) MEMBERSHIP.—
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1 (1) IN GENERAL.—The Council shall have 19 

2 voting members, as follows: 

3 (A) The Administrator of the National 

4 Oceanic and Atmospheric Administration. 

5 (B) The Secretary of State. 

6 (C) The Secretary of the Interior. 

7 (D) The Secretary of Defense. 

8 (E) The Secretary of Agriculture. 

9 (F) The Secretary of Transportation. 

10 (G) The Secretary of Homeland Security. 

11 (H) The Secretary of Education. 

12 (I) The Secretary of Energy. 

13 (J) The Secretary of Health and Human 

14 Services. 

15 (K) The Administrator of the Environ16 mental Protection Agency. 

17 (L) The Director of the Office of Manage18 ment and Budget. 

19 (M) The Director of the National Science 

20 Foundation. 

21 (N) Four State governors appointed by the 

22 National Governors Association, who shall rep23 resent State and local interests. 

24 (O) The Administrator of the National 

25 Aeronautics and Space Administration. 
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1 (P) The Chair of the National Research 

2 Council Governing Board. 

3 (2) STATE GOVERNOR MEMBERS.—

4 (A) TERMS.—Of the members appointed 

5 under paragraph (1)(N)—

6 (i) except as provided in clause (iii), 

7 their term as a member shall be 3 years; 

8 (ii) one member shall be appointed to 

9 an initial 3-year term that begins in a Fed10 eral election year in which there occurs an 

11 election of the President; 

12 (iii) one member shall be appointed to 

13 an initial 3-year term that begins in a Fed14 eral election year in which there does not 

15 occur an election of the President; and 

16 (iv) at least 2 shall be governors of 

17 coastal States. 

18 (B) LIMITATION ON APPOINTMENT.—A 

19 governor of a State may not be appointed under 

20 paragraph (1)(K) to a term on the Council that 

21 begins before the end of the 3-year period that 

22 begins upon the expiration of a prior term on 

23 the Council served by a governor of the State. 

24 (c) STAFF.—
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1 (1) IN GENERAL.—The Chair, without regard 

2 to the civil service laws and regulations, may employ 

3 and terminate such employees as may be necessary 

4 to carry out its function under this Act. 

5 (2) VOLUNTARY AND UNCOMPENSATED SERV6 ICES.—The Chair may accept, employ, and termi7 nate voluntary and uncompensated services in fur8 therance of the purposes of the Council. 

9 SEC. 503. LIMITATIONS ON VOTING. 

10 (a) ADMINISTRATOR.—The Administrator may not 

11 participate in any vote of the National Oceans Council on 

12 any matter concerning resolution of an interagency dis13 pute regarding marine ecosystem health. 

14 (b) HEAD OF AGENCY.—A member of the National 

15 Oceans Council may not participate in any vote of the Na16 tional Oceans Council on any matter concerning resolution 

17 of an interagency dispute regarding a covered action by 

18 a Federal agency that is under the administrative jurisdic19 tion of the member. 

20 TITLE VI—COUNCIL OF 

21 ADVISORS ON OCEANS POLICY 

22 SEC. 601. ESTABLISHMENT OF COUNCIL. 

23 There is established the Council of Advisors on 

24 Oceans Policy. 
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1 SEC. 602. DUTIES. 

2 The Council shall advise the President, the National 

3 Oceans Advisor, and the National Oceans Council on poli4 cies to protect, maintain, and restore the health of marine 

5 ecosystems on a regional and national basis. 

6 SEC. 603. MEMBERSHIP. 

7 (a) IN GENERAL.—The Council shall have not less 

8 than 13 members and not more than 17 members (as de9 termined by the President) appointed by the President. 

10 (b) INCLUDED MEMBERS.—The members of the 

11 Council shall include at least 1 representative of each of 

12 the following: 

13 (1) State, tribal, and local governments. 

14 (2) The marine science research community. 

15 (3) The marine science education community. 

16 (4) Fisheries. 

17 (5) Non-fishing marine activities. 

18 (6) Agriculture, which may include timber. 

19 (7) Watershed organizations (other than organi20 zations represented under paragraph (8)), which 

21 may include resource conservation districts. 

22 (8) Non-governmental organizations (other than 

23 organizations represented under paragraph (7)), in24 cluding groups interested in marine conservation. 

25 (c) TERMS.—
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the term of a member of the Council shall 

3 be 3 years. 

4 (2) INITIAL APPOINTEES.—Of the members ini5 tially appointed to the Council—

6 (A) one-half shall be appointed to a 3-year 

7 term that ends in a Federal election year in 

8 which there occurs an election of the President; 

9 and 

10 (B) one-half shall be appointed to a 3-year 

11 term that ends in a Federal election year in 

12 which there does not occur an election of the 

13 President; 

14 (d) QUALIFICATION.—Members of the Council shall 

15 be appointed based on their knowledge and experience in 

16 coastal, ocean, and atmospheric science, policy, and other 

17 related areas. 

18 (e) VACANCIES.—Any member appointed to fill a va19 cancy occurring before the expiration of the term for which 

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

22 (f) LIMITATION.—An individual may not serve more 

23 than 2 terms as a member of the Council. 

24 (g) COMPENSATION AND EXPENSES.—A member of 

25 the Council shall not receive compensation for service on 
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1 the Council, but upon request by the member may be al2 lowed travel expenses, including per diem in lieu of sub3 sistence, in accordance with subchapter I of chapter 57 

4 of title 5, United States Code. 

5 SEC. 604. MEETINGS. 

6 The Council shall meet at least 2 times each year and 

7 more often at the President’s discretion. 

8 TITLE VII—REGIONAL 

9 PLANNING 

10 SEC. 701. FINDINGS. 

11 The Congress finds the following: 

12 (1) Ecosystem-based management of United 

13 States ocean waters—

14 (A) is needed to protect, maintain, and re15 store the health of marine ecosystems; 

16 (B) may occur at scales larger or smaller 

17 than the ocean regions designated by this title; 

18 (C) will coordinate among management of 

19 terrestrial, atmospheric, and ocean resources; 

20 (D) requires partnerships among State, 

21 local, tribal, and Federal governments that pro22 mote coordination of such governments; and 

23 (E) will be greatly enhanced by regional 

24 ocean observing systems. 
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1 SEC. 702. DESIGNATION OF OCEAN REGIONS; REGIONAL 

2 ADMINISTRATORS. 

3 (a) ESTABLISHMENT OF REGIONS.—There are here4 by designated the following ocean regions: 

5 (1) NORTH PACIFIC OCEAN REGION.—The 

6 North Pacific Ocean Region, which shall consist of 

7 United States ocean waters off the coast of the 

8 State of Alaska, including such waters of the Arctic 

9 Ocean, Bering Sea, and Pacific Ocean seaward of 

10 Alaska. 

11 (2) PACIFIC OCEAN REGION.—The Pacific 

12 Ocean Region, which shall consist of United States 

13 ocean waters off the coast of the States of Cali14 fornia, Oregon, and Washington. 

15 (3) WESTERN PACIFIC OCEAN REGION.—The 

16 Western Pacific Ocean Region, which shall consist of 

17 United States ocean waters off the coast of the 

18 State of Hawaii and of American Samoa, Guam, and 

19 the Northern Mariana Islands, including such waters 

20 of the Pacific Ocean seaward of the Commonwealths, 

21 territories, and possessions of the United States in 

22 the Pacific Ocean area. 

23 (4) GULF OF MEXICO OCEAN REGION.—The 

24 Gulf of Mexico Ocean Region, which shall consist of 

25 United States ocean waters of the Gulf of Mexico off 
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1 the coast of the States of Texas, Louisiana, Mis2 sissippi, Alabama, and Florida. 

3 (5) SOUTH ATLANTIC OCEAN REGION.—The 

4 South Atlantic Ocean Region, which shall consist of 

5 United States ocean waters of the Atlantic Ocean off 

6 the coast of the States of North Carolina, South 

7 Carolina, Georgia, and Florida. 

8 (6) CARIBBEAN OCEAN REGION.—The Carib9 bean Ocean Region, which shall consist of United 

10 States ocean waters of the Caribbean Sea and Atlan11 tic Ocean off the coast of the Virgin Islands and the 

12 Commonwealth of Puerto Rico. 

13 (7) MID-ATLANTIC OCEAN REGION.—The Mid14 Atlantic Ocean Region, which shall consist of United 

15 States ocean waters of the Atlantic Ocean off the 

16 coast of the States of New York, New Jersey, Dela17 ware, Pennsylvania, Maryland, and Virginia. 

18 (8) NEW ENGLAND OCEAN REGION.—The New 

19 England Ocean Region, which shall consist of 

20 United States ocean waters of the Atlantic Ocean off 

21 the coast of the States of Maine, New Hampshire, 

22 Massachusetts, Rhode Island, and Connecticut. 

23 (9) GREAT LAKES REGION.—The Great Lakes 

24 Region, which shall consist of United States ocean 

25 waters of the Great Lakes off the coast of Min-
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1 nesota, Wisconsin, Illinois, Indiana, Michigan, Ohio, 

2 Pennsylvania, and New York. 

3 (b) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN4 ISTRATION REGIONAL OFFICES.—

5 (1) ESTABLISHMENT.—The Administrator 

6 shall, by not later than 1 year after the date of the 

7 enactment of this Act—

8 (A) establish for each ocean region des9 ignated under subsection (a) a National Oce10 anic and Atmospheric Administration Regional 

11 Office, which shall be relatively centrally located 

12 in the coastal area of the ocean region; and 

13 (B) appoint a Regional Administrator of 

14 the National Oceanic and Atmospheric Admin15 istration for that region. 

16 (2) FUNCTIONS OF REGIONAL ADMINISTRA17 TORS.—A Regional Administrator appointed under 

18 paragraph (1) for an ocean region shall—

19 (A) be the head of the National Oceanic 

20 and Atmospheric Administration Regional Of21 fice established for that region; 

22 (B) be responsible for implementation of 

23 this title with respect to that ocean region; 

24 (C) provide a written opinion to the Ad25 ministrator on the consistency of a proposed 
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1 covered action with an approved Regional 

2 Ocean Ecosystem Plan; 

3 (D) support coordination and information 

4 transfer between Regional Oceans Councils and 

5 agencies and groups at the international, Fed6 eral, State, tribal, territorial, local, and other 

7 levels; 

8 (E) conduct other tasks as deemed nec9 essary by the Administrator to fulfill the mis10 sion of the Agency; and 

11 (F) report directly to the Administrator on 

12 matters relating to regional implementation of 

13 this Act. 

14 (3) STAFF.—The Regional Administrator ap15 pointed under paragraph (1) for an ocean region 

16 shall appoint staff for the National Oceanic and At17 mospheric Administration Regional Office for the 

18 ocean region. 

19 SEC. 703. REGIONAL OCEAN COUNCILS. 

20 (a) ESTABLISHMENT.—The Administrator shall es21 tablish, within 120 days after the date of the enactment 

22 of this Act, a Regional Ocean Council for each of the re23 gions designated under section 702(a), as follows: 

24 (1) NORTH PACIFIC COUNCIL.—The North Pa25 cific Regional Ocean Council, which shall include at 
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1 least 1 representative of the State of Alaska and 

2 shall have authority to develop and implement a Re3 gional Ocean Ecosystem Plan as required under sec4 tion 704 for United States ocean waters of the 

5 North Pacific Ocean Region. 

6 (2) PACIFIC COUNCIL.—The Pacific Regional 

7 Ocean Council, which shall include at least 1 rep8 resentative of each of the States of California, Or9 egon, and Washington, and shall have authority to 

10 develop and implement a Regional Ocean Ecosystem 

11 plan as required under section 704 for United States 

12 ocean waters of the Pacific Ocean Region. 

13 (3) WESTERN PACIFIC COUNCIL.—The Western 

14 Pacific Regional Ocean Council, which shall include 

15 at least 1 representative of each of the State of Ha16 waii and American Samoa, Guam, and the Northern 

17 Mariana Islands and shall have authority to develop 

18 and implement a Regional Ocean Ecosystem Plan as 

19 required under section 704 for United States ocean 

20 waters of the Pacific Ocean Region. 

21 (4) GULF OF MEXICO COUNCIL.—The Gulf of 

22 Mexico Regional Ocean Council, which shall include 

23 at least 1 representative of each of the States of 

24 Texas, Louisiana, Mississippi, Alabama, and Florida 

25 and shall have authority to develop and implement 
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1 a Regional Ocean Ecosystem Plan as required under 

2 section 704 for United States ocean waters of the 

3 Gulf of Mexico Ocean Region. 

4 (5) SOUTH ATLANTIC COUNCIL.—The South 

5 Atlantic Regional Ocean Council, which shall include 

6 at least 1 representative of each of the States of 

7 North Carolina, South Carolina, Georgia, and Flor8 ida and shall have authority to develop and imple9 ment a Regional Ocean Ecosystem Plan as required 

10 under section 704 for United Sates ocean waters of 

11 the Atlantic Ocean Region. 

12 (6) CARIBBEAN COUNCIL.—The Caribbean Re13 gional Ocean Council, which shall include at least 1 

14 representative of each of the Virgin Islands and the 

15 Commonwealth of Puerto Rico and shall have au16 thority to develop and implement a Regional Ocean 

17 Ecosystem Plan as required under section 704 for 

18 United States ocean waters of the Caribbean Ocean 

19 Region. 

20 (7) MID-ATLANTIC COUNCIL.—The Mid-Atlantic 

21 Regional Ocean Council, which shall include at least 

22 1 representative of each of the States of New York, 

23 New Jersey, Delaware, Pennsylvania, Maryland, and 

24 Virginia and shall have authority to develop and im25 plement a Regional Ocean Ecosystem Plan as re-
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1 quired under section 704 for United States ocean 

2 waters of the Atlantic Ocean Region. 

3 (8) NEW ENGLAND COUNCIL.—The New Eng4 land Regional Ocean Council, which shall include at 

5 least 1 representative of each of the States of Maine, 

6 New Hampshire, Massachusetts, Rhode Island, and 

7 Connecticut and shall have authority to develop and 

8 implement a Regional Ocean Ecosystem Plan as re9 quired under section 704 for United States ocean 

10 waters of the New England Ocean Region. 

11 (9) GREAT LAKES COUNCIL.—The Great Lakes 

12 Oceans Council, which shall include at least 1 rep13 resentative of each of the States of Minnesota, Wis14 consin, Illinois, Indiana, Michigan, Ohio, Pennsyl15 vania, and New York and shall have authority to de16 velop and implement a Regional Ocean Ecosystem 

17 Plan as required under section 704 for United 

18 States ocean waters of the Great Lakes Region. 

19 (b) MEMBERSHIP.—

20 (1) NUMBER.—Each Council shall consist of—

21 (A) the Regional Administrator for the 

22 ocean region under the authority of the Council, 

23 who shall be the chairperson of the Council; and 
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1 (B) a number of additional members deter2 mined by the Administrator consistent with this 

3 subsection. 

4 (2) EQUAL NUMBERS OF FEDERAL AND STATE

5 MEMBERS.—Of the total number of members of each 

6 Council under paragraph (1)(B)—

7 (A) one half shall be Federal representa8 tives appointed under paragraph (3); and 

9 (B) one half shall be State representatives 

10 appointed under paragraph (4). 

11 (3) FEDERAL REPRESENTATIVES.—

12 (A) IN GENERAL.—The Administrator, in 

13 consultation with the National Oceans Council, 

14 shall appoint representatives of the Federal 

15 Government to each Council from among offi16 cers or employees of Federal agencies or de17 partments whose actions relate to protecting, 

18 maintaining, and restoring marine ecosystem 

19 health of United States ocean waters. 

20 (B) INCLUDED AGENCIES.—The members 

21 appointed to each Council under this para22 graph—

23 (i) may include officers or employees 

24 of the Department of the Interior, the En25 vironmental Protection Agency, the Corps 
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1 of Engineers, and other agencies consid2 ered by the Regional Administrator for the 

3 ocean region under the authority of the 

4 Council to be appropriate to implement 

5 ecosystem-based management; and 

6 (ii) shall include an officer or em7 ployee of the Administration. 

8 (C) PACIFIC AND NORTH PACIFIC COUN9 CILS.—The members appointed to each of the 

10 Pacific Regional Ocean Council and the North 

11 Pacific Regional Ocean Council shall include 

12 tribal representation. 

13 (4) STATE REPRESENTATIVES.—

14 (A) STATE APPOINTMENTS.—The Gov15 ernor of each State, Commonwealth, territory, 

16 and possession of the United States with a rep17 resentative on a Council under subsection (a) 

18 shall appoint as such member of the Council an 

19 officer or employee of a State agency having re20 sponsibilities relating to marine ecosystem 

21 health. 

22 (B) ADDITIONAL APPOINTMENTS.—The 

23 Administrator shall appoint to each Council 

24 such total number of additional representatives 

25 of States, Commonwealths, territories, and pos-
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1 sessions of the United States with a representa2 tive on the Council under subsection (a) as is 

3 necessary to comply with paragraph (2). 

4 (c) PROCEDURES.—

5 (1) IN GENERAL.—Except as provided in para6 graph (2), each Council shall operate in accordance 

7 with procedures established by the Council and ap8 proved by the Administrator. 

9 (2) INTERIM PROCEDURES.—Each Council shall 

10 operate in accordance with interim procedures pre11 scribed by the Administrator until such time as the 

12 Administrator approves procedures established by 

13 the Council under paragraph (1). 

14 (3) REQUIRED PROCEDURES.—The Adminis15 trator shall prescribe requirements for approval of 

16 procedures under paragraph (1), and interim proce17 dures for purposes of paragraph (2), including such 

18 requirements and interim procedures that address—

19 (A) issues of transparency in decision mak20 ing; and 

21 (B) opportunities for public comment. 

22 (d) STAFF.—

23 (1) HIRING AUTHORITY.—Each Council may 

24 hire such staff as is necessary to perform the func25 tions of the Council. 
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1 (2) TREATMENT.—Staff hired by a Council 

2 shall be treated as employees of the Administration. 

3 (e) CONSIDERATION OF OTHER REGIONAL EF4 FORTS.—In performing functions under this title, each 

5 Council shall—

6 (1) to the extent practicable and consistent with 

7 other provisions of this Act, consider and build on 

8 other efforts within the region relating to the eco9 logically sustainable management of United States 

10 ocean waters, including regional ocean observing 

11 programs and restoration projects; and 

12 (2) in cases in which marine ecosystem health 

13 may be better ensured by activities at a scale larger 

14 or smaller than the ocean region of the Council, 

15 make every effort to consider and support such ac16 tivities. 

17 (f) INTERNATIONAL COOPERATION.—Each Council is 

18 encouraged to foster non-binding relationships with for19 eign governments, agencies, States, provinces, and other 

20 entities as appropriate, at scales appropriate to the region 

21 under the authority of the Council, including by providing 

22 opportunities for non-voting participation by foreign rep23 resentatives at meetings of the Council, its advisory com24 mittees, and other working groups. 
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1 SEC. 704. REGIONAL OCEAN ECOSYSTEM PLANS. 

2 (a) REQUIREMENT.—Each Regional Ocean Council 

3 shall, within 5 years after the establishment of the Coun4 cil, prepare and submit to the Administrator a Regional 

5 Ocean Ecosystem Plan for the ocean region under the au6 thority of the Council. 

7 (b) CONTENTS.—Each Regional Ocean Ecosystem 

8 Plan prepared under this section shall include, at a min9 imum, provisions that accomplish the following with re10 spect to the ocean region for which it is prepared: 

11 (1) Provide guidance for implementing eco12 system-based management of all United States 

13 ocean waters. 

14 (2) Assess the history and state of the ocean re15 gion, including the health of marine ecosystems 

16 within the ocean region. 

17 (3) Identify the key threats to marine eco18 system health and describe ways to address those 

19 threats. 

20 (4) Identify gaps in knowledge and information 

21 that would inform ecosystem-based management. 

22 (5) Prioritize research and conservation efforts 

23 needed, including research and conservation carried 

24 out by the Administration. 
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1 (6) Provide for the development and monitoring 

2 of criteria and indicators, as described in section 

3 202, of the health of marine ecosystems. 

4 (7) Establish clear and measurable manage5 ment and restoration goals for marine ecosystem 

6 health. 

7 (8) Provide for the development and implemen8 tation of enforceable policies to protect, maintain, 

9 and restore marine ecosystem health. 

10 (9) Comply with the national standards and 

11 policy under section 201. 

12 (10) Assign clear roles and responsibilities re13 garding efforts to protect, maintain, and restore ma14 rine ecosystem health. 

15 (11) Coordinate with existing ecosystem-based 

16 management efforts within the ocean region. 

17 (c) REVIEW OF PLANS.—

18 (1) REVIEW BY ADMINISTRATOR.—Upon sub19 mission by a Council to the Administrator of a Re20 gional Ocean Ecosystem Plan or amendment to such 

21 a plan, the Administrator shall—

22 (A) immediately commence a review of the 

23 plan or amendment to determine whether it is 

24 consistent with the national standards, the 
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1 other provisions of this Act, and any other ap2 plicable law; and 

3 (B) immediately publish in the Federal 

4 Register a notice stating that the plan or 

5 amendment is available and that written infor6 mation, views, or comments of interested per7 sons on the plan or amendment may be sub8 mitted to the Administrator—

9 (i) during the 120-day period begin10 ning on the date the notice is published, in 

11 the case of a plan; or 

12 (ii) 90-day period beginning on the 

13 date the notice is published, in the case of 

14 an amendment. 

15 (2) CONSIDERATIONS AND CONSULTATION.—In 

16 undertaking the review required under paragraph 

17 (1), the Administrator shall—

18 (A) take into account the information, 

19 views, and comments received from interested 

20 persons; 

21 (B) consult with the Secretary of State 

22 with respect to foreign use of United States 

23 ocean waters; 
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1 (C) consult with the Secretary of the de2 partment in which the Coast Guard is operating 

3 with respect to enforcement at sea; and 

4 (D) consult with the Secretary of the Inte5 rior and other Federal agencies, as appropriate. 

6 (3) APPROVAL OR DISAPPROVAL.—

7 (A) REQUIREMENT.—The Administrator 

8 shall approve, disapprove, or partially approve a 

9 Regional Ocean Ecosystem Plan or amendment 

10 within 60 days after the end of the comment 

11 period under paragraph (1) in the case of a 

12 plan, or within 30 days after the end of the 

13 comment period under paragraph (1) in the 

14 case of an amendment, by written notice to the 

15 Council. A notice of disapproval or partial ap16 proval shall specify—

17 (i) the applicable law with which the 

18 plan or amendment is inconsistent; 

19 (ii) the nature of such inconsistencies; 

20 and 

21 (iii) recommendations concerning the 

22 actions that could be taken by the Council 

23 to conform such plan or amendment to the 

24 requirements of applicable law. 
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1 (B) AUTOMATIC EFFECTIVENESS.—If the 

2 Administrator does not notify a Council within 

3 60 days after the end of the comment period in 

4 the case of a plan, or within 30 days after the 

5 end of the comment period in the case of an 

6 amendment, of the approval, disapproval, or 

7 partial approval of a Regional Ocean Ecosystem 

8 Plan or amendment, then such plan or amend9 ment shall take effect as if approved. 

10 (4) SUBMISSION OF REVISIONS FOR FULL AP11 PROVAL.—If the Administrator disapproves or par12 tially approves a Regional Ocean Ecosystem Plan or 

13 amendment, the Council may submit a revised plan 

14 or amendment to the Administrator for review under 

15 this subsection. 

16 (5) IMMEDIATELY DEFINED.—For purposes of 

17 this subsection, the term ‘‘immediately’’ means on or 

18 before the 5th day after the day on which a Council 

19 transmits to the Administrator a Regional Ocean 

20 Ecosystem Plan or amendment to such a plan that 

21 the Council characterizes as final. 

22 (d) INTERIM REPORT.—Each Council shall submit to 

23 the Administrator, by not later than 30 months after the 

24 date of completion of appointment of the members of the 

25 Council, an interim report on progress made by the Coun-
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1 cil in preparing a Regional Ocean Ecosystem Plan under 

2 this section. 

3 (e) PREPARATION BY ADMINISTRATOR.—If a Council 

4 fails to prepare and submit a Regional Ocean Ecosystem 

5 Plan in accordance with this section within 5 years after 

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

7 shall prepare such plan within 7 years after the date of 

8 the enactment of this Act. If a Council fails to have a 

9 fully approved Regional Ocean Ecosystem Plan for that 

10 ocean region within 7 years after the date of enactment 

11 of this Act, the Administrator shall prepare such amend12 ments as necessary to make the plan be in compliance with 

13 this Act within 8 years after the date of enactment of this 

14 Act. The Regional Administrator for that ocean region 

15 shall be responsible for monitoring the progress of the 

16 Council’s development of the Regional Ocean Ecosystem 

17 Plan and offering comment regarding the extent to which 

18 the plan is consistent with this Act. 

19 (f) UPDATING OF PLANS.—Each Council shall review 

20 and, as appropriate, submit to the Administrator amend21 ments to revise the Regional Ocean Ecosystem Plan that 

22 applies to the ocean region over which it has authority 

23 at least once every 8 years. 
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1 SEC. 705. CONSISTENCY REQUIREMENTS. 

2 Each covered action that may significantly affect 

3 United States ocean waters in an ocean region shall be 

4 carried out in a manner that is consistent to the fullest 

5 extent possible with the enforceable policies of any Re6 gional Ocean Ecosystem Plan that is approved or prepared 

7 by the Administrator under this title. 

8 SEC. 706. REGIONAL OCEAN COUNCIL ADVISORY COMMIT9 TEES. 

10 (a) AUTHORITY.—Each Council may establish and 

11 appoint the members of advisory committees and working 

12 groups as necessary for preparation of a Regional Ocean 

13 Ecosystem Plan under this title. 

14 (b) REQUIRED ADVISORY COMMITTEES.—Each 

15 Council shall establish and appoint the members of the 

16 following advisory committees: 

17 (1) A Science Advisory Committee in accord18 ance with subsection (c). 

19 (2) A Citizens Advisory Committee in accord20 ance with subsection (d). 

21 (3) An Inland States Advisory Committee in ac22 cordance with subsection (e). 

23 (c) ADVICE AND INPUT.—The Council, advisory com24 mittees, and any associated working groups may seek ad25 vice and input from any interested or knowledgeable per26 son as deemed necessary. 
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1 (d) SCIENCE ADVISORY COMMITTEE.—

2 (1) MEMBERSHIP.—The Science Advisory Com3 mittee established under subsection (b) shall be com4 prised of an interdisciplinary membership that in5 cludes individuals who are qualified by reason of 

6 academic background and experience to represent 

7 natural and social science fields of study, including 

8 biology, ecology, oceanography, atmospheric science, 

9 geology, geography, sociology, anthropology, and eco10 nomics. 

11 (2) FUNCTIONS.—The Science Advisory Com12 mittee established under subsection (b) shall—

13 (A) provide scientific expertise on the va14 lidity and overall approach taken by the Council 

15 in its efforts to protect, maintain, and restore 

16 the health of marine ecosystems; 

17 (B) oversee the peer-review of documents 

18 and technical reports produced by the Council 

19 and the quality of documents and technical re20 ports used by the Council; and 

21 (C) provide consultation to Council staff in 

22 their efforts to provide information or guidance 

23 requested by the Council, its committees and 

24 working groups. 
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1 (3) EFFECT OF RECOMMENDATIONS.—The 

2 Science Advisory Committee may issue publicly 

3 available Implementation Instructions. In such 

4 cases, the Council shall, within 90 days of issuance 

5 of Implementation Instructions, consult with advi6 sory committees and working groups as deemed ap7 propriate, and—

8 (A) implement the recommendation; or 

9 (B) provide publicly available written ex10 planation as to why the Implementation In11 structions were not implemented. 

12 (4) OTHER GUIDANCE.—The Science Advisory 

13 Committee may issue guidance and other statements 

14 not subject to the above provision. 

15 (e) CITIZENS ADVISORY COMMITTEE.—

16 (1) MEMBERSHIP.—The Citizens Advisory 

17 Committee shall be comprised of nongovernmental 

18 members of the public, including, but not limited to, 

19 a wide range of citizens interested in multiple uses 

20 of United States ocean waters and ocean resources. 

21 (2) FUNCTIONS.—The Citizens Advisory Com22 mittee shall—

23 (A) provide information about the activities 

24 encompassed in, affected by, or pertinent to Re25 gional Ocean Ecosystem Plans; 
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1 (B) advise the Council as appropriate; and 

2 (C) provide consultation to Council staff in 

3 their efforts to provide information or guidance 

4 requested by the Council, its committees, and 

5 working groups. 

6 (f) INLAND STATES ADVISORY COMMITTEE.—The 

7 Inland-States Advisory Committee established under sub8 section (b) shall—

9 (1) have a membership that is comprised of 

10 representatives of inland States that, according to 

11 maps and data of the United States Geological Sur12 vey, have jurisdiction over waters that feed into the 

13 ocean region over which the Council has authority; 

14 (2) facilitate communication between such in15 land States and coastal States regarding important 

16 coastal and ocean issues that cannot be solved with17 out inland State participation; and 

18 (3) provide consultation to Council staff in their 

19 efforts to provide information or guidance requested 

20 by the Council, its committees, and working groups. 

21 (g) FACA.—The Federal Advisory Committee Act (5 

22 App. U.S.C.) shall not apply to any advisory committee 

23 established by a Council. 
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1 SEC. 707. FINANCIAL ASSISTANCE TO STATES. 

2 The Administrator shall provide financial assistance 

3 to States for expenses incurred in participating on a Re4 gional Ocean Council or an Inland States Advisory Com5 mittee under this title. 

6 SEC. 708. CITIZEN SUITS. 

7 (a) SUITS AUTHORIZED.—Any person may com8 mence a civil suit on the person’s own behalf—

9 (1) to enjoin any person, including the United 

10 States or any other governmental instrumentality or 

11 agency (to the extent permitted by the eleventh 

12 amendment to the Constitution), that is alleged to 

13 be in violation of this Act or any regulation issued 

14 under this Act; 

15 (2) seeking judicial review of the compliance—

16 (A) of a Regional Ocean Ecosystem Plan 

17 with the requirements of this Act; or 

18 (B) of the actions of any person with a Re19 gional Ocean Ecosystem Plan approved or pre20 pared by the Administrator under this Act; or 

21 (3) against the Administrator for a failure of 

22 the Administrator to perform any act or duty under 

23 this Act that is not discretionary. 

24 (b) JURISDICTION.—The district courts of the United 

25 States shall have jurisdiction, without regard to the 

26 amount in controversy or the citizenship of the parties, 
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1 to enforce this Act or any such regulation or to order the 

2 Administrator to perform such act or duty, as the case 

3 may be. 

4 (c) VENUE.—Any suit under this section shall be 

5 brought in the Federal judicial district in which occurs 

6 the violation or failure, as applicable. 

7 (d) INTERVENTION BY UNITED STATES.—In any suit 

8 under this section in which the United States is not a 

9 party, the Attorney General, at the request of the Admin10 istrator, may intervene on behalf of the United States as 

11 a matter of right. 

12 (e) AWARD OF COSTS.—The court, in issuing any 

13 final order in any suit brought under this section, may 

14 award costs of litigation (including reasonable attorney 

15 and expert witness fees) to any party, whenever the court 

16 determines such award is appropriate. 

17 (f) PRESERVATION OF OTHER RIGHTS.—This section 

18 shall not restrict any right that any person or class of per19 sons may have under any statute or common law to seek 

20 enforcement of any standard or limitation or to seek any 

21 other relief, including relief against the Administrator or 

22 a State agency. 
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1 TITLE VIII—OCEAN SCIENCE, EX2 PLORATION, AND RESEARCH 

3 COORDINATION 

4 SEC. 801. COMMITTEE ON OCEAN SCIENCE, EDUCATION, 

5 AND OPERATIONS. 

6 (a) COMMITTEE.—The Chair of the National Oceans 

7 Council created under section 502 of this Act shall estab8 lish a Committee on Ocean Science, Education, and Oper9 ations (referred to in this Act as the ‘‘Committee’’). 

10 (b) MEMBERSHIP.—The Committee shall be com11 posed of the following members: 

12 (1) The Administrator. 

13 (2) The Secretary of the Navy. 

14 (3) The Director of the National Science Foun15 dation. 

16 (4) The Administrator of the National Aero17 nautics and Space Administration. 

18 (5) The Under Secretary of Energy for Energy, 

19 Science, and Environment. 

20 (6) The Administrator of the Environmental 

21 Protection Agency. 

22 (7) The Under Secretary of Homeland Security 

23 for Science and Technology. 

24 (8) The Commandant of the Coast Guard. 
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1 (9) The Director of the United States Geologi2 cal Survey. 

3 (10) The Director of the Minerals Management 

4 Service. 

5 (11) Under Secretary of Agriculture for Re6 search, Education, and Economics. 

7 (12) The Assistant Secretary of State for 

8 Oceans and International Environmental and Sci9 entific Affairs. 

10 (13) The Director of the Defense Advanced Re11 search Projects Agency. 

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

13 Technology Policy. 

14 (15) The Director of the Office of Management 

15 and Budget. 

16 (16) The Under Secretary of Education. 

17 (17) The leadership of such other Federal agen18 cies and departments as the chair and vice chairs of 

19 the Committee consider appropriate. 

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

21 chairs of the Committee shall be appointed every two years 

22 by a selection subcommittee of the Committee composed 

23 of, at a minimum, the Administrator, the Secretary of the 

24 Navy, the Director of the United States Geological Survey, 

25 and the Director of the National Science Foundation. The 
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1 term of office of the chair and vice chairs shall be two 

2 years. A person who has previously served as chair or vice 

3 chair may be reappointed. 

4 (d) RESPONSIBILITIES.—The Committee shall—

5 (1) serve as the primary source of advice and 

6 support on scientific research, technology, education, 

7 and operational matters for the National Oceans 

8 Council and assist in carrying out the functions of 

9 the National Oceans Council as they relate to such 

10 matters, including budgetary analyses; 

11 (2) improve cooperation among Federal depart12 ments and agencies with respect to ocean and coast13 al science budgets; 

14 (3) develop and recommend to the National 

15 Oceans Council the National Strategy for Ocean and 

16 Coastal Science under section 802, and oversee its 

17 implementation; 

18 (4) prescribe policies and procedures and pro19 vide support for the National Ocean Partnership 

20 Program under section 803; 

21 (5) establish interagency subcommittees and 

22 working groups as appropriate to develop com23 prehensive and balanced Federal programs and ap24 proaches to ocean and coastal science issues and 

25 needs; 
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1 (6) consult with Regional Ocean Councils and 

2 academic, State, industry, foundation, and other 

3 partners in the conduct of coastal and marine oper4 ations, research, and education and with actual and 

5 potential users of ocean science information in estab6 lishing priorities and developing plans for research 

7 and technology and education; 

8 (7) cooperate with the Secretary of State in—

9 (A) coordinating United States Govern10 ment activities with those of other nations and 

11 with international research and technology and 

12 education relating to or affecting issues ad13 dressed by the National Oceans Council; and 

14 (B) providing, as appropriate, support for 

15 and representation on United States delegations 

16 to relevant international meetings; and 

17 (8) carry out such other activities as the Na18 tional Oceans Council may require. 

19 SEC. 802. NATIONAL STRATEGY FOR OCEAN AND COASTAL 

20 SCIENCE. 

21 (a) GOALS AND PRIORITIES.—The Chair of the Na22 tional Oceans Council, after consultation with Regional 

23 Ocean Councils established under title VII and through 

24 the Committee, shall develop a National Strategy for 

25 Ocean and Coastal Science. The Chair shall submit the 
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1 strategy to the Congress within two years after the date 

2 of enactment of this Act, and a revised strategy shall be 

3 submitted at least once every five years thereafter. The 

4 strategy shall establish, for the 10-year period beginning 

5 in the year the strategy is submitted, the scientific goals 

6 and priorities for ocean and coastal research, technology, 

7 education, and operations which most effectively advance 

8 knowledge and provide usable information as the basis for 

9 policy decisions to—

10 (1) understand, assess, and respond to human11 induced and natural processes of global climate and 

12 environmental change; 

13 (2) improve public forecasts and warnings and 

14 mitigate natural hazards; 

15 (3) enhance safety and efficiency of marine op16 erations to benefit the public, the economy, and the 

17 environment; 

18 (4) support efforts to protect, maintain, and re19 store the health of marine ecosystems and to imple20 ment ecosystem-based management of United States 

21 ocean waters and ocean resources, including how 

22 marine ecosystems function on varying spatial and 

23 temporal scales and how biological, physical, geologi24 cal, chemical, and socioeconomic processes interact; 
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1 (5) implement and monitor the effectiveness of 

2 ocean and coastal environmental policies; 

3 (6) contribute to public understanding of coast4 al and global ocean systems and public awareness of 

5 the importance and health of marine ecosystems; 

6 (7) respond to environmental changes that af7 fect human health; and 

8 (8) strengthen homeland security and military 

9 preparedness. 

10 (b) STRATEGY.—The strategy shall—

11 (1) describe specific activities required to 

12 achieve established goals and priorities including re13 search and education programs, observation collec14 tion and analysis requirements, technology develop15 ment, facility and equipment investments, informa16 tion management, student support and training, 

17 data stewardship and access, and participation in 

18 international research, education, and other capac19 ity-building efforts; 

20 (2) identify and address relevant programs and 

21 activities of the Federal agencies and departments 

22 represented on the Committee that will contribute to 

23 scientific goals and priorities and set forth the role 

24 of the National Ocean Partnership Program and 
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1 each Federal agency and department in imple2 menting the strategy; 

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

4 and studies conducted by Federal agencies and de5 partments, Regional Ocean Councils, the National 

6 Research Council, or other entities; 

7 (4) make recommendations for the coordination 

8 of ocean and coastal science activities of the United 

9 States with those of other nations and international 

10 organizations, including bilateral and multilateral 

11 proposals for cooperation on major projects, for im12 proving worldwide access to scientific data and infor13 mation, and for encouraging participation in inter14 national ocean science research and education pro15 grams by developing nations; and 

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

17 funding for ocean and coastal science activities to be 

18 conducted pursuant to the strategy. 

19 (c) STRATEGIC ELEMENTS.—The strategy shall pro20 vide for, but not be limited to, the following elements: 

21 (1) Global measurements on all relevant spatial 

22 and time scales, establishing worldwide observations 

23 necessary to study and assess coastal and global 

24 ocean systems, including health of marine eco-
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1 systems, and support information needs for goals 

2 and priorities identified in section 802(a). 

3 (2) National ocean partnerships, building part4 nerships among Federal agencies, academia, indus5 tries, and other members of the ocean and coastal 

6 science community in the areas of research, edu7 cation, 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 in situ, remote, aircraft, and ves13 sel platforms. 

14 (4) Focused research initiatives, using a com15 petitive process to select and fund grants to advance 

16 understanding of, the nature of, and interaction 

17 among physical, chemical, geological, and biological 

18 processes of the oceans, including the effects of 

19 human activities on such processes and assessment 

20 and development of methods for restoration of these 

21 processes. 

22 (5) Technology development, supporting devel23 opment of new technologies and sensors to achieve 

24 strategic and program goals, and development of al-
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1 gorithms, analysis methods, and long-term data 

2 records for emerging operational sensors. 

3 (6) Workforce development, building and main4 taining a diverse national ocean science professional 

5 workforce through traineeships, scholarships, fellow6 ships, and internships. 

7 (7) Ocean science education, providing national 

8 coordination of formal and informal ocean science 

9 education programs at all education levels and estab10 lishing mechanisms to improve ocean literacy, con11 tribute to public awareness of the importance of 

12 healthy marine ecosystems, and create an oceans 

13 stewardship ethic among citizens. 

14 (8) Information management, establishing and 

15 maintaining information systems that promote effi16 cient stewardship, transfer, and use of data, create 

17 globally accessible data standards and formats, and 

18 allow analysis of data from varied sources to 

19 produce information readily usable by policymakers 

20 and stakeholders. 

21 (d) PUBLIC PARTICIPATION.—In developing the 

22 strategy, the Committee shall consult with Regional Ocean 

23 Councils and academic, State, industry, and environ24 mental groups and representatives. Not later than 90 days 

25 before the Chair of the Council submits the strategy, or 
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1 any revision thereof, to the Congress, a summary of the 

2 proposed strategy shall be published in the Federal Reg3 ister for a public comment period of not less than 60 days. 

4 SEC. 803. NATIONAL OCEAN PARTNERSHIP PROGRAM. 

5 (a) PURPOSES.—Building on the program established 

6 under section 7901 of title 10, United States Code, the 

7 Committee shall strengthen and maintain the National 

8 Ocean Partnership Program for the purposes of—

9 (1) coordinating and strengthening ocean and 

10 coastal science efforts to promote interagency goals 

11 and priorities established in the National Strategy 

12 for Ocean and Coastal Science; 

13 (2) identifying and providing support for part14 nerships among Federal agencies, academia, indus15 tries, and other members of the ocean and coastal 

16 science community in the areas of research and tech17 nology, education, data systems, observations, and 

18 communication; 

19 (3) monitoring trends in the Federal investment 

20 in ocean sciences research and development and in 

21 education for marine-oriented professions, focusing 

22 in particular on Federal workforce needs; and 

23 (4) reporting to Congress on the progress of 

24 partnership activities under the program. 
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1 (b) SELECTION CRITERIA.—Partnership projects for 

2 implementation under the program shall be reviewed, se3 lected, identified, and allocated funding based on the fol4 lowing criteria: 

5 (1) The project addresses critical scientific re6 search or education objectives or operational goals 

7 which add value through interagency cooperation. 

8 (2) The project has broad participation within 

9 the marine community. 

10 (3) The partners have a long-term commitment 

11 to the objectives of the project. 

12 (4) Resources supporting the project are shared 

13 among the partners. 

14 (5) The project includes a plan for education 

15 and outreach. 

16 (6) The project has been subjected to peer re17 view. 

18 (c) ANNUAL REPORT.—Not later than March 1 of 

19 each year, the Committee shall submit to Congress a re20 port on the National Ocean Partnership Program. The re21 port shall contain the following: 

22 (1) A description of activities of the program 

23 carried out during the fiscal year before the fiscal 

24 year in which the report is prepared, together with 

25 a list of the members of the Ocean Research and 
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1 Education Advisory Panel and any working groups 

2 in existence during the fiscal year covered. 

3 (2) A general outline of the activities planned 

4 for the program during the fiscal year in which the 

5 report is prepared. 

6 (3) A summary of projects continued from the 

7 fiscal year before the fiscal year in which the report 

8 is prepared and projects expected to be started dur9 ing the fiscal year in which the report is prepared 

10 and during the following fiscal year. 

11 (4) An analysis of trends in ocean-related 

12 human resource development, focusing in particular 

13 on Federal workforce needs, and in the Federal in14 vestment in ocean sciences research and develop15 ment. 

16 (5) A description of the involvement of the pro17 gram with Federal interagency coordinating entities. 

18 (6) The amounts requested, in the budget sub19 mitted to Congress pursuant to section 1105(a) of 

20 title 31, United States Code, for the fiscal year fol21 lowing the fiscal year in which the report is pre22 pared, for the programs, projects, and activities of 

23 the program and the estimated expenditures under 

24 such programs, projects, and activities during such 

25 following fiscal year. 
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1 (d) PARTNERSHIP PROGRAM OFFICE.—The Com2 mittee shall establish a partnership program office for the 

3 National Ocean Partnership Program. The Committee 

4 shall use competitive procedures in selecting an operator 

5 for the partnership program office and supervise perform6 ance of duties by such office. Responsibilities of the part7 nership program office shall include—

8 (1) establishment and oversight of working 

9 groups to identify potential themes suitable for part10 nership projects to the Committee and recommenda11 tions to the Committee on such projects; 

12 (2) management of the process for proposing 

13 partnership projects to the Committee, including the 

14 peer review process for such projects; 

15 (3) preparation and submission to the Com16 mittee of the annual status of all partnership 

17 projects and activities of the office; 

18 (4) development and maintenance of a database 

19 on investments by Federal agencies in ocean and 

20 coastal research and education and on the status of 

21 the national ocean and coastal workforce; and 

22 (5) any additional duties for the administration 

23 of the National Ocean Partnership Program or to 

24 support Committee activities that the Committee 

25 considers appropriate. 
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1 (e) CONTRACT AND GRANT AUTHORITY.—The Com2 mittee may authorize 1 or more of the departments or 

3 agencies represented on the Committee to enter into con4 tracts and make grants, using funds appropriated pursu5 ant to an authorization for the National Ocean Partner6 ship Program, for the purpose of implementing the pro7 gram and carrying out the responsibilities of the National 

8 Oceans Council. 

9 (f) INTERAGENCY FINANCING.—The departments 

10 and agencies represented on the Committee are authorized 

11 to participate in interagency financing and share, transfer, 

12 receive, and spend funds appropriated to any member of 

13 the Committee for the purposes of carrying out any ad14 ministrative or programmatic project or activity under the 

15 National Ocean Partnership Program, including support 

16 for a common infrastructure and system integration for 

17 an ocean observing system. Funds may be transferred 

18 among such departments and agencies through an appro19 priate instrument that specifies the goods, services, or 

20 space being acquired from another Committee member 

21 and the costs of the same. 

22 (g) FORMS OF PARTNERSHIP PROJECTS AND ACTIVI23 TIES.—(1) A partnership project or activity under the Na24 tional Ocean Partnership Program may be established by 

25 any instrument that the Committee considers appropriate, 
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1 including grants, memoranda of understanding, coopera2 tive research and development agreements, and similar in3 struments. 

4 (2) The Committee shall establish uniform proposal 

5 request and application procedures and reporting require6 ments for use by each department and agency represented 

7 on the Committee that are applicable to all projects and 

8 activities under the National Ocean Partnership Program. 

9 (3) Projects under the program may include dem10 onstration projects. 

11 SEC. 804. OCEAN RESEARCH AND EDUCATION ADVISORY 

12 PANEL. 

13 (a) MEMBERSHIP.—The Committee shall maintain 

14 an Ocean Research and Education Advisory Panel con15 sisting of not less than 10 and not more than 18 members 

16 appointed by the chair, including the following: 

17 (1) One member representing the National 

18 Academy of Sciences. 

19 (2) One member representing the National 

20 Academy of Engineering. 

21 (3) One member representing the Institute of 

22 Medicine. 

23 (4) Members selected from among individuals 

24 representing ocean industries, State governments, 

25 academia, nongovernmental organizations, and such 
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1 other participants in ocean and coastal activities as 

2 the chair considers appropriate. 

3 (5) Members selected from among individuals 

4 eminent in the fields of marine science, marine pol5 icy, ocean engineering, or related fields. 

6 (6) Members selected from among individuals 

7 eminent in the field of education. 

8 (b) TERM LIMITS.—Members shall be appointed for 

9 3 years. 

10 (c) RESPONSIBILITIES.—The Advisory Panel shall 

11 advise the Committee on the following: 

12 (1) Development and implementation of the Na13 tional Strategy for Ocean and Coastal Science. 

14 (2) Policies and procedures to implement the 

15 National Ocean Partnership Program and on selec16 tion of partnership projects and allocation of funds 

17 to implement partnership projects under the pro18 gram. 

19 (3) Matters relating to national oceanographic 

20 data requirements, ocean and coastal observing sys21 tems, ocean science education and training, and 

22 oceanographic facilities including renewal of the na23 tional academic research fleet. 

24 (4) Any additional matters that the Committee 

25 considers appropriate. 
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1 (d) PROCEDURAL MATTERS.—(1) All meetings of the 

2 Advisory Panel shall be open to the public, except that 

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

4 if it concerns matters or information that pertains to na5 tional security, employment matters, litigation, or other 

6 reasons provided under section 552b of title 5, United 

7 States Code. Interested persons shall be permitted to ap8 pear at open meetings and present oral or written state9 ments on the subject matter of the meeting. The Advisory 

10 Panel may administer oaths or affirmations to any person 

11 appearing before it. 

12 (2) All open meetings of the Advisory Panel shall be 

13 preceded by timely public notice in the Federal Register 

14 of the time, place, and subject of the meeting. 

15 (3) Minutes of each meeting shall be kept and shall 

16 include a record of the people present, a description of 

17 the discussion that occurred, and copies of all statements 

18 filed. Subject to section 552 of title 5, United States Code, 

19 the minutes and records of all meetings and other docu20 ments that were made available to or prepared for the Ad21 visory Panel shall be available for public inspection and 

22 copying at a single location in the partnership program 

23 office. 

24 (4) The Federal Advisory Committee Act (5 U.S.C. 

25 App.) does not apply to the Advisory Panel. 
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1 (e) FUNDING.—The chair and vice chairs of the Com2 mittee annually shall make funds available to support the 

3 activities of the Advisory Panel. 

4 SEC. 805. MARINE ECOSYSTEMS RESEARCH. 

5 (a) ECOSYSTEM-BASED APPROACHES.—The Admin6 istrator shall work with the Committee to identify research 

7 efforts for improving ecosystem-based management efforts 

8 to protect, maintain, and restore marine ecosystem health 

9 while accommodating human use and occupancy. 

10 (b) MARINE BIODIVERSITY RESEARCH PROGRAM.—

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

12 with the Office of Naval Research, the National Science 

13 Foundation, the Department of Energy, and other Federal 

14 agencies represented on the Committee, shall establish and 

15 maintain a ten-year interagency research program to as16 sess and explain the diversity, conservation, distribution, 

17 functions, and abundance of marine organisms in the 

18 world’s oceans for the purposes of—

19 (1) understanding the patterns, causes, proc20 esses, and consequences of changing marine biologi21 cal diversity; 

22 (2) improving the linkages between marine eco23 logical and oceanographic sciences and guiding eco24 system-based management efforts, so as to protect, 

25 maintain, and restore marine ecosystem health; 
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1 (3) strengthening and expanding the field of 

2 marine taxonomy, including use of genomics and 

3 proteomics; 

4 (4) facilitating and encouraging the use of new 

5 technological advances, predictive models, and his6 torical perspectives to investigate marine biodiver7 sity; 

8 (5) using new understanding gained through 

9 the program to improve predictions of the impacts of 

10 human activities on the health of the marine envi11 ronment, and of the impacts of changes in the 

12 health of the marine environment on human well13 being; and 

14 (6) enhancing formal and informal outreach 

15 and education efforts through research-generated 

16 knowledge, information, and tools. 

17 (c) PROGRAM ELEMENTS.—The research program 

18 established under this section shall provide for, but not 

19 be limited to, the following: 

20 (1) Dynamic access to biological data through 

21 an ocean biogeographic information system that 

22 links marine databases, manages data generated by 

23 the program, and supports analysis of biodiversity 

24 and related physical and ecological parameters. 
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1 (2) Integrated regional studies of marine eco2 systems that focus on appropriate scales to support 

3 ecosystem-based management. 

4 (3) Improved biological sensors for ocean ob5 serving systems. 

6 (4) Investment in exploration and taxonomy to 

7 study little known areas and describe new species. 

8 (5) Studies of earlier changes in marine popu9 lations to trace information on biological abundance, 

10 distribution, function, and diversity to the earliest 

11 historical periods of minimum human impact. 

12 (6) Improved predictive capability to enhance 

13 the effectiveness of ecosystem-based management 

14 and minimize adverse impacts of human activities on 

15 United States ocean waters and ocean resources. 

16 (d) SCIENTIFIC ASSESSMENT.—The Administrator, 

17 through the Committee, shall prepare and submit to the 

18 President and the Congress a biennial assessment that—

19 (1) integrates, evaluates, and interprets the 

20 findings of the program and discusses the scientific 

21 uncertainties associated with such findings; and 

22 (2) analyzes current trends in marine and 

23 coastal ecosystems, both human-induced and nat24 ural, including marine ecosystem health, and 

25 projects major trends for the subsequent decade. 
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1 SEC. 806. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) PARTNERSHIP PROJECTS AND ADMINISTRA3 TION.—There are authorized to be appropriated annually 

4 to the Department of the Navy, the National Science 

5 Foundation, the National Oceanic and Atmospheric Ad6 ministration, and the National Aeronautics and Space Ad7 ministration for fiscal year 2005 through fiscal year 

8 2010—

9 (1) $25,000,000 for each agency for the Na10 tional Ocean Partnership Program projects under 

11 section 803; and 

12 (2) at least $600,000 or 3 percent of the 

13 amount appropriated for the National Oceano14 graphic Partnership Program, whichever is greater, 

15 shall be available for operations of the partnership 

16 program office established under section 803. 

17 (b) MARINE ECOSYSTEMS RESEARCH.—For develop18 ment and implementation of the research program under 

19 section 805, there are authorized to be appropriated 

20 $50,000,000 for each of fiscal years 2005 through 2010. 

21 (c) AVAILABILITY.—Sums appropriated under this 

22 section shall remain available until expended. 

23 TITLE IX—OCEAN EDUCATION 

24 SEC. 901. SUBCOMMITTEE ON OCEAN EDUCATION. 

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

26 Subcommittee on Ocean Education (in this title referred 
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1 to as the ‘‘Subcommittee’’). Each member of the Com2 mittee may designate a senior representative with exper3 tise in education to serve on the Subcommittee. The Com4 mittee shall select a Chair and 1 or more Vice Chairs for 

5 the Subcommittee from the membership of the Sub6 committee. 

7 (b) RESPONSIBILITIES.—The Subcommittee shall—

8 (1) support and advise the Committee and the 

9 National Oceans Council on matters related to ocean 

10 and coastal education for the purpose of increasing 

11 the overall effectiveness and productivity of Federal 

12 education and outreach efforts; 

13 (2) provide recommendations on education goals 

14 and priorities for and implementation of the Na15 tional Strategy for Ocean and Coastal Science devel16 oped under section 802 and guidance for educational 

17 investments; 

18 (3) coordinate Federal ocean and coastal edu19 cation activities for students at all levels, including 

20 funding for educational opportunities at the under21 graduate, graduate; and postdoctoral levels; 

22 (4) identify and work to establish linkages 

23 among Federal programs and those of States, aca24 demic institutions, museums and aquaria, industry, 
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1 foundations, and other nongovernmental organiza2 tions; 

3 (5) facilitate Federal agency efforts to work 

4 with minority-serving institutions and historically 

5 black colleges and universities, and also with tradi6 tionally majority-serving institutions, to ensure that 

7 students of underrepresented groups have access to 

8 and support for pursuing ocean-related careers; 

9 (6) lead development of effective strategies with 

10 common perspectives and messages for formal and 

11 informal ocean and coastal education efforts; and 

12 (7) carry out such other activities as the Com13 mittee and the National Oceans Council request. 

14 SEC. 902. OCEAN AND COASTAL EDUCATION PROGRAM. 

15 (a) ESTABLISHMENT.—Consistent with the National 

16 Strategy for Ocean and Coastal Science, the Committee, 

17 through the Subcommittee, shall establish an interagency 

18 ocean and coastal education program to improve public 

19 awareness, understanding, and appreciation of the role of 

20 the oceans in meeting our Nation’s economic, social, and 

21 environmental needs. 

22 (b) SCOPE.—The ocean and coastal education pro23 gram shall include formal education activities for elemen24 tary, secondary, undergraduate, graduate, and 

25 postdoctoral students, continuing education activities for 
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1 adults, and informal education activities for learners of all 

2 ages. 

3 (c) ELEMENTS.—The program shall use the National 

4 Ocean Partnership Program and other appropriate mecha5 nisms and shall, at a minimum, provide sustained funding 

6 for the following: 

7 (1) A national network of centers for ocean 

8 science education excellence to improve the acquisi9 tion of knowledge by students at all levels. 

10 (2) A regional education network, in coordina11 tion with the Regional Ocean Councils, to support 

12 academic competition and experiential learning op13 portunities for high school students. 

14 (3) Teacher enrichment programs that provide 

15 for participation in research expeditions, voyages of 

16 exploration, and the conduct of scientific research. 

17 (4) Development of model instructional pro18 grams for students at all levels. 

19 (5) Student training and support to provide di20 verse ocean-related education opportunities at the 

21 undergraduate, graduate, and postdoctoral levels. 

22 (6) Mentoring programs and partnerships with 

23 minority-serving institutions to ensure diversity in 

24 the ocean and coastal workforce. 
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1 (7) Dissemination of ocean and coastal informa2 tion that is relevant for a wider public audience. 

3 SEC. 903. OCEAN SCIENCE AND TECHNOLOGY SCHOLAR4 SHIP PROGRAM. 

5 (a) ESTABLISHMENT.—(1) The Committee shall es6 tablish a National Ocean Science and Technology Scholar7 ship Program that is designed to recruit and prepare stu8 dents for careers in the departments or agencies that are 

9 represented on the Committee (in this section referred to 

10 as ‘‘participating agencies’’). The Program shall award 

11 scholarships to individuals who are selected through a 

12 competitive process primarily on the basis of academic 

13 merit, with consideration given to financial need and the 

14 goal of promoting the participation of individuals identi15 fied in section 33 or 34 of the Science and Engineering 

16 Equal Opportunities Act. 

17 (2) To carry out the Program, participating agencies 

18 shall enter into contractual agreements with individuals 

19 selected under paragraph (1) under which the individuals 

20 agree to serve as full-time employees of the participating 

21 agency, for the period of time to be determined by the 

22 participating agency, and stated in the contractual agree23 ments, in positions needed by the participating agency and 

24 for which the individuals are qualified, in exchange for re25 ceiving 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) in an academic field or dis7 cipline described in the list made available under 

8 subsection (c); 

9 (2) be a United States citizen or national; 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.—(1) The participating 

23 agency may provide a scholarship under the Program for 

24 an academic year if the individual applying for the scholar25 ship has submitted to the participating agency, as part 
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1 of the application required under subsection (d), a pro2 posed academic program leading to a degree in a program 

3 or field of study on the list made available under sub4 section (c). 

5 (2) An individual may not receive a scholarship under 

6 this section for more than 4 academic years, unless the 

7 participating agency grants a waiver. 

8 (3) The dollar amount of a scholarship under this 

9 section for an academic year shall be established by regu10 lation but shall in no case exceed the cost of attendance 

11 as such cost is determined in section 472 of the Higher 

12 Education Act of 1965. 

13 (4) A scholarship provided under this section may be 

14 expended for tuition, fees, and other authorized expenses 

15 as established by regulation. 

16 (5) The participating agency may enter into a con17 tractual agreement with an institution of higher education 

18 under which the amounts provided for a scholarship under 

19 this section for tuition, fees, and other authorized ex20 penses are paid directly to the institution with respect to 

21 which the scholarship is provided. 

22 (f) PERIOD OF SERVICE.—(1) The period of service 

23 for which an individual shall be obligated to serve as an 

24 employee of the participating agency, except as provided 
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1 in subsection (h)(2), shall be determined by the partici2 pating agency as stated in subsection (a)(2). 

3 (2)(A) Except as provided in subparagraph (B), obli4 gated service under paragraph (1) shall begin not later 

5 than 60 days after the individual obtains the educational 

6 degree for which the scholarship was provided. 

7 (B) The participating agency may defer the obliga8 tion of an individual to provide a period of service under 

9 paragraph (1) if the participating agency determines that 

10 such a deferral is appropriate. The Administrator shall 

11 prescribe the terms and conditions under which a service 

12 obligation may be deferred through regulation. 

13 (g) REPAYMENT.—(1) Scholarship recipients who fail 

14 to maintain a high level of academic standing, as defined 

15 by the participating agency by regulation, who are dis16 missed from their educational institutions for disciplinary 

17 reasons, or who voluntarily terminate academic training 

18 before graduation from the educational program for which 

19 the scholarship was awarded, shall be in breach of their 

20 contractual agreement and, in lieu of any service obliga21 tion arising under such agreement, shall be liable to the 

22 United States for repayment within 1 year after the date 

23 of default of all scholarship funds paid to them and to 

24 the institution of higher education on their behalf under 

25 the agreement, except as provided in subsection (h)(2). 
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1 The repayment period may be extended by the partici2 pating agency when determined to be necessary. 

3 (2) Scholarship recipients who, for any reason, fail 

4 to begin or complete their service obligation after comple5 tion of academic training, or fail to comply with the terms 

6 and conditions of deferment established by the partici7 pating agency pursuant to subsection (f)(2)(B), shall be 

8 in breach of their contractual agreement. When recipients 

9 breach their agreements for the reasons stated in the pre10 ceding sentence, the recipient shall be liable to the United 

11 States for an amount equal to—

12 (A) the total amount of scholarships received by 

13 such individual under this section; plus 

14 (B) the interest on the amounts of such awards 

15 which would be payable if at the time the awards 

16 were received they were loans bearing interest at the 

17 maximum legal prevailing rate, as determined by the 

18 Treasurer of the United States, multiplied by 3. 

19 (h) CANCELLATION OR WAIVER.—(1) Any obligation 

20 of an individual incurred under the Program (or a contrac21 tual agreement thereunder) for service or payment shall 

22 be canceled upon the death of the individual. 

23 (2) The participating agency shall by regulation pro24 vide for the partial or total waiver or suspension of any 

25 obligation of service or payment incurred by an individual 
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1 under the Program (or a contractual agreement there2 under) whenever compliance by the individual is impos3 sible or would involve extreme hardship to the individual, 

4 or if enforcement of such obligation with respect to the 

5 individual would be contrary to the best interests of the 

6 Government. 

7 SEC. 904. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN8 ISTRATION OFFICE OF EDUCATION. 

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

10 develop, support, promote, and coordinate education ac11 tivities described in section 902(b) that enhance public 

12 awareness and understanding of the science, service, and 

13 stewardship missions of the National Oceanic and Atmos14 pheric Administration. In planning activities under this 

15 section, the Administrator shall consult with the Sub16 committee and build upon the educational programs and 

17 activities of the National Sea Grant College Program, the 

18 National Marine Sanctuary Program, the National Oce19 anic and Atmospheric Administration Office of Ocean Ex20 ploration, and the National Estuarine Research Reserve 

21 System. Authorized activities shall include education of 

22 the general public, teachers, students at all levels, and 

23 ocean and coastal managers and stakeholders. In carrying 

24 out educational activities, the Administrator may enter 

25 into grants, contracts, cooperative agreements, resource 
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1 sharing agreements, or interagency financing with Fed2 eral, State, and regional agencies, tribes, commercial orga3 nizations, educational institutions, nonprofit organiza4 tions, or other persons. 

5 (b) ESTABLISHMENT.—As set forth in title III, the 

6 Administrator shall establish an Office of Education to 

7 provide interagency and intraagency coordination of the 

8 education activities of the National Oceanic and Atmos9 pheric Administration and to ensure full participation in 

10 the ocean and coastal education program established 

11 under section 902. The Office of Education shall promote 

12 and provide oversight of agency education activities as de13 scribed in section 303 and shall—

14 (1) integrate agency science into high-quality 

15 educational materials; 

16 (2) improve access to National Oceanic and At17 mospheric Administration educational resources; 

18 (3) support educator professional development 

19 programs to improve understanding and use of agen20 cy sciences; 

21 (4) promote participation in agency-related 

22 sciences and careers, particularly by members of 

23 underrepresented groups; 

24 (5) leverage partnerships to enhance formal and 

25 informal environmental science education; 
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1 (6) build capability within the agency for edu2 cational excellence; and 

3 (7) create and implement effective approaches 

4 to disseminate agency products and ocean informa5 tion to the general public. 

6 (c) EDUCATIONAL PARTNERSHIP PROGRAM.—The 

7 Administrator shall establish an educational partnership 

8 with minority-serving institutions to provide support for 

9 cooperative science centers, an environmental entrepre10 neurship program, a graduate sciences program, an under11 graduate scholarship program, and other activities as re12 quired to meet program objectives. 

13 SEC. 905. AMENDMENT TO THE NATIONAL SEA GRANT COL14 LEGE PROGRAM ACT. 

15 Section 212(a) of the National Sea Grant College 

16 Program Act (33 U.S.C. 1131(a)) is amended by adding 

17 at the end the following new paragraph: 

18 ‘‘(3) MARINE AND AQUATIC SCIENCE EDU19 CATION.—In addition to the amounts authorized for 

20 each fiscal year under paragraphs (1) and (2), there 

21 are authorized to be appropriated for marine and 

22 aquatic science education for each of fiscal years 

23 2005 through 2010—

24 ‘‘(A) $6,000,000 in increased funding for 

25 the educational activities of sea grant programs; 
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1 ‘‘(B) $4,000,000 for competitive grants for 

2 projects and research that target national and 

3 regional marine and aquatic science literacy; 

4 and 

5 ‘‘(C) $4,000,000 for competitive grants to 

6 support educational partnerships under the 

7 ocean and coastal education program estab8 lished under section 902 of the Oceans Con9 servation, Education, and National Strategy for 

10 the 21st Century Act or other appropriate 

11 mechanism.’’. 

12 SEC. 906. NATIONAL OCEAN AWARENESS MEDIA CAMPAIGN. 

13 (a) FINDINGS.—The Congress finds the following: 

14 (1) Ninety-five percent of the deep ocean is un15 explored and unknown, and is truly the last frontier 

16 on Earth for science and civilization. 

17 (2) The United States has more than 95,000 

18 miles of coastline and more than 50 percent of the 

19 population of the United States lives within 50 miles 

20 of the United States ocean waters. 

21 (3) Coastal areas are regions of remarkably 

22 high biological productivity, are of considerable im23 portance for a variety of recreational and commer24 cial activities, and provide a vital means of transpor25 tation. 
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1 (4) The rich biodiversity of marine organisms 

2 provides society with resources that sustain many 

3 economically important industries including fisheries 

4 and tourism, as well as contributing novel com5 pounds with therapeutic potentials to the biomedical 

6 industry. 

7 (5) One out of six jobs in the United States is 

8 marine-related. 

9 (6) One-third of our Gross National Product is 

10 produced in coastal areas, where most major cities 

11 are located. 

12 (7) National Science Foundation surveys in 

13 2000 showed that while the majority (greater than 

14 73 percent) of the United States public holds a posi15 tive attitude toward science and technology, that 

16 same group was only able to correctly answer 58 

17 percent of the questions asked about basic scientific 

18 concepts. Furthermore, only 26 percent of those sur19 veyed actually understand the nature of scientific in20 quiry. 

21 (8) The oceans provide an exciting context in 

22 which to teach the fundamental concepts of biology, 

23 chemistry, the physical sciences, and mathematics in 

24 accordance with the National Science Education 
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1 Standards (NRC, 1996) and Benchmarks for 

2 Science Literacy (AAAS, 1993). 

3 (b) IN GENERAL.—The Administrator shall conduct 

4 a national media campaign in accordance with this section 

5 for the purpose of increasing public awareness and inter6 est in the oceans, through mass media advertising. 

7 (c) USE OF FUNDS.—

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

9 carry out this section for the media campaign may 

10 only be used for the following: 

11 (A) The research, development, production, 

12 and launch of a multimedia campaign. 

13 (B) Evaluation of the effectiveness of the 

14 multimedia campaign. 

15 (C) Media monitoring. 

16 (D) Distribution (public relations and 

17 grassroots community based outreach). 

18 (E) Partnerships with community, civic, 

19 and professional groups and government organi20 zations related to the media campaign. 

21 (2) SPECIFIC REQUIREMENTS.—

22 (A) EVALUATION OF EFFECTIVENESS OF

23 MEDIA CAMPAIGN.—In using amounts for the 

24 evaluation of the effectiveness of the media 
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1 campaign under paragraph (1)(B), the Admin2 istrator shall—

3 (i) designate an independent entity to 

4 evaluate annually the effectiveness of the 

5 national media campaign based on data 

6 from—

7 (I) public feedback; and 

8 (II) other relevant studies or 

9 publications, as determined by the Ad10 ministrator, including tracking and 

11 evaluation data collected according to 

12 marketing and advertising industry 

13 standards; and 

14 (ii) ensure that the effectiveness of 

15 the media campaign is evaluated in a man16 ner that enables consideration of whether 

17 the media campaign has contributed to in18 creasing the ocean literacy of the public 

19 and such other measures of evaluation as 

20 the Director determines are appropriate. 

21 (B) PURCHASE OF ADVERTISING TIME AND

22 SPACE.—For each fiscal year, not less than 77 

23 percent of the amounts appropriated under this 

24 section shall be used for the purchase of adver25 tising time and space for the media campaign. 
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1 (C) ADVERTISING.—In carrying out this 

2 section, the Administrator shall devote suffi3 cient funds to the advertising portion of the na4 tional media campaign to meet the goals of the 

5 campaign. 

6 (D) PROHIBITIONS.—None of the amounts 

7 made available to carry out this section may be 

8 obligated or expended for any of the following: 

9 (i) To supplant current oceans com10 munity-based coalitions. 

11 (ii) To supplant pro bono public serv12 ice time donated by national and local 

13 broadcasting networks for other public 

14 service campaigns. 

15 (iii) For partisan political purposes, or 

16 express advocacy in support of or to defeat 

17 any clearly identified candidate, clearly 

18 identified ballot initiative, or clearly identi19 fied legislative or regulatory proposal. 

20 (iv) To fund advertising that features 

21 any elected officials, persons seeking elect22 ed office, cabinet level officials, or other 

23 Federal officials employed pursuant to sec24 tion 213 of schedule C of title 5, Code of 

25 Federal Regulations. 
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1 (v) To fund advertising that does not 

2 contain a primary message intended to in3 crease awareness and promote the protec4 tion, maintenance, and restoration of ma5 rine ecosystem health. 

6 (vi) To fund advertising containing a 

7 primary message intended to promote sup8 port for the media campaign or private 

9 sector contributions to the media cam10 paign. 

11 (E) FINANCIAL AND PERFORMANCE AC12 COUNTABILITY.—The Administrator shall cause 

13 to be performed—

14 (i) audits and reviews of costs of the 

15 media campaign pursuant to section 304C 

16 of the Federal Property and Administra17 tive Services Act of 1949 (41 U.S.C. 

18 254d); and 

19 (ii) an audit of the cost of the media 

20 campaign described in section 306 of such 

21 Act (41 U.S.C. 256). 

22 (F) STRATEGIC GUIDANCE AND DONA23 TIONS.—The National Marine Sanctuary Foun24 dation shall serve as the primary outside stra25 tegic advisor to the media campaign and be re-
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1 sponsible for coordinating donations of creative 

2 and other services to the campaign, except with 

3 respect to advertising created using funds as 

4 permitted in this subsection. The Administrator 

5 shall inform the National Marine Sanctuary 

6 Foundation of the strategic goals of the cam7 paign and consider advice from the National 

8 Marine Sanctuary Foundation on media cam9 paign strategy. 

10 (G) REPORT TO CONGRESS.—The Admin11 istrator shall submit on an annual basis a re12 port to Congress that describes—

13 (i) the strategy of the media campaign 

14 and whether specific objectives of the 

15 media campaign were accomplished; 

16 (ii) steps taken to ensure that the 

17 media campaign operates in an effective 

18 and efficient manner consistent with the 

19 overall strategy and focus of the media 

20 campaign; 

21 (iii) plans to purchase advertising 

22 time and space; 

23 (iv) policies and practices imple24 mented to ensure that Federal funds are 

25 used responsibly to purchase advertising 
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1 time and space and eliminate the potential 

2 for waste, fraud, and abuse; and 

3 (v) all contracts entered into with a 

4 corporation, partnership, or individual 

5 working on behalf of the media campaign. 

6 (3) NATIONAL MARINE SANCTUARY RE7 SOURCES.—In conducting advertising and activities 

8 otherwise authorized under this section, the Admin9 istrator shall explore opportunities to emphasize the 

10 preservation of coral reefs and other national marine 

11 sanctuary resources. 

12 SEC. 907. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) NATIONAL OCEAN AND COASTAL EDUCATION

14 PROGRAM.—In addition to the amounts authorized annu15 ally to the Department of the Navy, the National Science 

16 Foundation, the National Oceanic and Atmospheric Ad17 ministration, and the National Aeronautics and Space Ad18 ministration for fiscal year 2005 through fiscal year 2010, 

19 $25,000,000 is authorized to be appropriated for each 

20 agency for the ocean and coastal education program under 

21 section 902. 

22 (b) SCHOLARSHIP PROGRAM.—Of the amounts au23 thorized annually to the Department of the Navy, the Na24 tional Science Foundation, the National Oceanic and At25 mospheric Administration, and the National Aeronautics 
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1 and Space Administration for fiscal year 2005 through fis2 cal year 2010, $15,000,000 shall be available for National 

3 Ocean Science and Technology Scholarships under section 

4 903. 

5 (c) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN6 ISTRATION.—(1) In addition to the amounts authorized 

7 under subsections (a) and (b) and under the National Sea 

8 Grant College Program Act, there is authorized to be ap9 propriated to the Administrator $25,000,000 for each of 

10 fiscal years 2005 through 2010 for education activities 

11 under section 904(b). 

12 (2) There is authorized to be appropriated to the Ad13 ministrator $15,000,000 for each of fiscal years 2005 

14 through 2010 for education activities under section 

15 904(c). 

16 (d) NATIONAL OCEAN AWARENESS MEDIA CAM17 PAIGN.—Of the amounts authorized annually to the Na18 tional Oceanic and Atmospheric Administration, there is 

19 authorized to be appropriated to carry out section 906, 

20 $2,000,000 for each of fiscal years 2005 through 2007. 

21 (e) AVAILABILITY.—Sums appropriated under this 

22 section shall remain available until expended. 
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1 TITLE X—OCEAN EXPLORATION 

2 SEC. 1001. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN3 ISTRATION OFFICE OF OCEAN EXPLORATION. 

4 (a) IN GENERAL.—The Administrator shall—

5 (1) conduct, develop, support, promote, and co6 ordinate ocean exploration activities under this sec7 tion; 

8 (2) support expeditions, exploration projects, 

9 and related field campaigns for the purpose of dis10 covery and documentation of ocean voyages; and 

11 (3) enhance public awareness and under12 standing of the science and stewardship missions of 

13 the National Oceanic and Atmospheric Administra14 tion. 

15 (b) PLANNING AND EXECUTION.—In planning activi16 ties under this title, the Administrator shall consult with 

17 the Subcommittee established under section 1002. In car18 rying out exploration activities, the Administrator may 

19 enter into grants, contracts, cooperative agreements, re20 source sharing agreements, or interagency financing with 

21 Federal, State, and regional agencies, tribes, commercial 

22 organizations, educational institutions, nonprofit organi23 zations, or other persons. 

24 (c) ESTABLISHMENT.—The Administrator shall es25 tablish an Office of Ocean Exploration within the Ocean 
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1 and Atmospheric Research and Data Services Office to 

2 provide interagency and intraagency coordination of the 

3 ocean exploration activities of the National Oceanic and 

4 Atmospheric Administration and to ensure full participa5 tion in the Subcommittee established under section 1002. 

6 The Office of Ocean Exploration shall—

7 (1) lead and coordinate efforts in ocean dis8 covery; 

9 (2) explore and inventory the living and non10 living resources of the oceans under jurisdiction of 

11 the United States, and throughout the world’s 

12 oceans; 

13 (3) support and promote interdisciplinary ap14 proaches to ocean investigations; 

15 (4) engage in education and outreach to in16 crease public awareness and understanding of the 

17 oceans, in coordination with the Office of Education; 

18 (5) provide new resources and facilities for ac19 cess by researchers; 

20 (6) provide a multidisciplinary archive of ocean 

21 data to serve as a source of basic data upon which 

22 to develop hypotheses for further investigation and 

23 to capitalize on the wide array of available data; 
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1 (7) create and implement effective approaches 

2 to disseminate agency products and ocean informa3 tion to the general public; 

4 (8) identify areas that are infrequently ex5 plored; 

6 (9) develop ocean and coastal mapping strate7 gies that identify priority coastal and ocean mapping 

8 needs, and cost effective strategies to map those pri9 ority areas; 

10 (10) map the physical, biological, chemical, and 

11 archaeological aspects of the ocean; 

12 (11) develop sensors and systems to promote 

13 United States leadership in ocean technology; and 

14 (12) conduct hypothesis-driven science to un15 derstand deep ocean ecosystem patterns, processes, 

16 and mechanisms. 

17 SEC. 1002. SUBCOMMITTEE ON OCEAN EXPLORATION. 

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

19 Subcommittee on Ocean Exploration. Each member of the 

20 Committee may designate a senior representative with ex21 pertise in ocean exploration to serve on the Subcommittee. 

22 The Committee shall select a Chair and 1 or more Vice 

23 Chairs for the Subcommittee from the membership of the 

24 Subcommittee. 

25 (b) RESPONSIBILITIES.—The Subcommittee shall—
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1 (1) support and advise the Committee, the Na2 tional Oceans Council, and the National Oceanic and 

3 Atmospheric Administration Office of Ocean Explo4 ration on matters related to ocean exploration for 

5 the purpose of increasing the overall effectiveness 

6 and productivity of Federal ocean exploration ef7 forts; 

8 (2) provide recommendations on ocean explo9 ration goals and priorities for and implementation of 

10 the National Strategy for Ocean and Coastal Science 

11 developed under section 802 and guidance for ocean 

12 exploration investments; 

13 (3) coordinate with the Subcommittee on Ocean 

14 Education to provide for ocean exploration funding 

15 and educational opportunities for students at all lev16 els including undergraduate, graduate, and 

17 postdoctoral levels; 

18 (4) identify and work to establish linkages 

19 among Federal programs and those of States, aca20 demic institutions, museums and aquaria, industry, 

21 foundations, and other nongovernmental organiza22 tions; 

23 (5) coordinate with the National Oceanic and 

24 Atmospheric Administration Office of Ocean Explo25 ration and other Federal agency efforts to work with 
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1 minority-serving institutions and historically black 

2 colleges and universities, and also with traditionally 

3 majority-serving institutions, to ensure that students 

4 of underrepresented groups have access to ocean ex5 ploration educational opportunities; 

6 (6) lead development of effective strategies with 

7 common perspectives and messages for formal and 

8 informal ocean exploration efforts; and 

9 (7) carry out such other activities as the Com10 mittee and the National Oceans Council request. 

11 SEC. 1003. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated to the Na13 tional Oceanic and Atmospheric Administration to carry 

14 out this title—

15 (1) $70,000,000 for each of fiscal years 2005 

16 through 2010; and 

17 (2) $80,000,000 for each of fiscal years 2011 

18 through 2016. 

19 TITLE XI—OCEAN AND GREAT 

20 LAKES CONSERVATION 

21 TRUST FUND 

22 SEC. 1101. ESTABLISHMENT OF FUND. 

23 (a) ESTABLISHMENT OF FUND.—There is estab24 lished in the Treasury of the United States a fund which 

25 shall be known as the ‘‘Ocean and Great Lakes Conserva-
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1 tion Trust Fund’’, in this title referred to as the ‘‘Fund’’. 

2 In each fiscal year after fiscal year 2004, the Secretary 

3 of the Treasury shall deposit into the Fund the following 

4 amounts: 

5 (1) OCS REVENUES.— An amount in each such 

6 fiscal year from qualified Outer Continental Shelf 

7 revenues equal to the difference between 

8 $1,300,000,000 and the amounts deposited in the 

9 Fund under paragraphs (2) and (3), notwith10 standing section 9 of the Outer Continental Shelf 

11 Lands Act (43 U.S.C. 1338). 

12 (2) AMOUNTS NOT DISBURSED.—All allocated 

13 but undisbursed amounts returned to the Fund 

14 under section 1106(a)(2). 

15 (3) INTEREST.—All interest earned under sub16 section (d). 

17 (b) TRANSFER FOR EXPENDITURE.—The Secretary 

18 of the Treasury shall transfer amounts deposited into the 

19 Fund as follows: 

20 (1) To the Administrator of the National Oce21 anic and Atmospheric Administration for purposes 

22 of making payments to coastal states only for car23 rying out their responsibilities for developing and 

24 implementing Regional Ocean Ecosystem Plans 

25 under title VII—
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1 (A) $350,000,000 for fiscal year 2005; 

2 (B) $700,000,000 for fiscal year 2006; and 

3 (C) $1,000,000,000 for fiscal year 2007 

4 and each fiscal year thereafter. 

5 (2) To the Administrator for allocation, with 

6 concurrence of the National Oceans Council, only for 

7 carrying out responsibilities of the Federal Govern8 ment for development and implementation of Re9 gional Ocean Ecosystem Plans required under title 

10 VII—

11 (A) $50,000,000 for fiscal year 2005; 

12 (B) $100,000,000 for fiscal year 2006; and 

13 (C) $300,000,000 for fiscal year 2007 and 

14 each fiscal year thereafter. 

15 (c) SHORTFALL.—If amounts referred to in para16 graphs (1) through (3) of subsection (a) in any fiscal year 

17 after fiscal year 2004 are less than $1,300,000,000, the 

18 amounts transferred under paragraphs (1) and (2) of sub19 section (b) for that fiscal year shall each be reduced pro20 portionately. 

21 (d) INTEREST.—The Secretary of the Treasury shall 

22 invest moneys in the Fund (including interest), and in any 

23 fund or account to which moneys are transferred pursuant 

24 to subsection (b) of this section, in public debt securities 

25 with maturities suitable to the needs of the Fund, as de-
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1 termined by the Secretary of the Treasury, and bearing 

2 interest at rates determined by the Secretary of the Treas3 ury, taking into consideration current market yields on 

4 outstanding marketable obligations of the United States 

5 of comparable maturity. Such invested moneys shall re6 main invested until needed to meet requirements for dis7 bursement for the programs financed under this Act. 

8 (e) REFUNDS.—In those instances in which through 

9 judicial decision, administrative review, arbitration, or 

10 other means there are royalty refunds owed to entities 

11 generating revenues under this title, refunds shall be paid 

12 by the Secretary of the Treasury from amounts available 

13 in the Fund to the extent that such refunds are attrib14 utable to qualified Outer Continental Shelf revenues de15 posited in the Fund under this Act. 

16 (f) INTENT OF CONGRESS TO SUPPLEMENT ANNUAL

17 APPROPRIATIONS FOR FEDERAL AGENCIES.—Amounts 

18 made available by this Act are intended by the Congress 

19 to supplement, and not detract from, annual appropria20 tions for Federal agencies receiving funding under this 

21 title. 

22 SEC. 1102. LIMITATION ON USE OF AVAILABLE AMOUNTS 

23 FOR ADMINISTRATION. 

24 Notwithstanding any other provision of law, of 

25 amounts made available by this title (including the amend-
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1 ments made by this title) for a particular activity, not 

2 more than 2 percent may be used for administrative ex3 penses of that activity. 

4 SEC. 1103. RECORDKEEPING REQUIREMENTS. 

5 The Administrator, in consultation with the National 

6 Oceans Council, shall establish such rules regarding rec7 ordkeeping by State and local governments and the audit8 ing of expenditures made by State and local governments 

9 from funds made available under this Act as may be nec10 essary. Such rules shall be in addition to other require11 ments established regarding recordkeeping and the audit12 ing of such expenditures under other authority of law. 

13 SEC. 1104. MAINTENANCE OF EFFORT AND MATCHING 

14 FUNDING. 

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

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

17 to reduce State or local resources for the programs funded 

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

19 or local government shall receive any funds under this Act 

20 during any fiscal year in which its expenditures of non21 Federal funds for recurrent expenditures for programs for 

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

23 its expenditures were for such programs during the pre24 ceding fiscal year. No State or local government shall re25 ceive funding under this Act with respect to a program 
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1 unless the Administrator is satisfied that such a grant will 

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

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

4 funds available for such program. 

5 (b) EXCEPTION.—The Administrator may provide 

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

7 meeting the requirements of subsection (a) if the Adminis8 trator determines that a reduction in expenditures—

9 (1) is attributable to a nonselective reduction in 

10 expenditures for the programs of all executive 

11 branch agencies of the State or local government; or 

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

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

14 (c) USE OF FUND TO MEET MATCHING REQUIRE15 MENTS.—All funds received by a State or local govern16 ment under this Act shall be treated as Federal funds for 

17 purposes of compliance with any provision in effect under 

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

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

20 project. 

21 SEC. 1105. SUNSET. 

22 This title shall have no force or effect after Sep23 tember 30, 2024. 
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1 SEC. 1106. COMMUNITY ASSISTANCE FORMULA AND PAY2 MENTS. 

3 (a) CONSERVATION PAYMENTS TO COASTAL

4 STATES.—

5 (1) GRANT PROGRAM.—Amounts transferred to 

6 the Administrator from the Fund under section 

7 1101(b)(1) for purposes of making payments to 

8 coastal States under this title in any fiscal year shall 

9 be allocated by the Administrator among coastal 

10 States as provided in this section each such fiscal 

11 year. In each such fiscal year, the Administrator 

12 shall, without further appropriation, disburse such 

13 allocated funds to those coastal States for which the 

14 Administrator has approved a spending plan under 

15 section 1107 and that have met all other require16 ments of this title. Payments for all projects shall be 

17 made by the Administrator to the Governor of the 

18 State or to the State official or agency designated by 

19 the Governor or by State law as having authority 

20 and responsibility to accept and to administer funds 

21 paid hereunder. No payment shall be made to any 

22 State until the State has agreed to provide such re23 ports to the Administrator, in such form and con24 taining such information, as may be reasonably nec25 essary to enable the Administrator to perform the 

26 duties of the Administrator under this title, and pro-
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1 vide such fiscal control and fund accounting proce2 dures as may be necessary to assure proper dis3 bursement and accounting for Federal revenues paid 

4 to the State under this title. 

5 (2) FAILURE TO MAKE SUFFICIENT PROGRESS

6 AT DEVELOPING OR IMPLEMENTING A REGIONAL

7 OCEAN ECOSYSTEM PLAN.—At the end of each fiscal 

8 year, the Administrator shall return to the Fund any 

9 amount that the Administrator allocated, but did not 

10 disburse, in that fiscal year to a coastal State that, 

11 in the judgment of the Administrator, has failed to 

12 make sufficient progress in developing or imple13 menting a Regional Ocean Ecosystem Plan under 

14 title VII before the end of the fiscal year in which 

15 such grant is allocated, except that the Adminis16 trator shall hold in escrow until the final resolution 

17 of the appeal any amount allocated, but not dis18 bursed, to a coastal State that has appealed the dis19 approval of such funding. 

20 (b) ALLOCATION AMONG COASTAL STATES.—

21 (1) ALLOCABLE SHARE FOR EACH STATE.—For 

22 each coastal State, the Administrator shall deter23 mine the State’s allocable share of the total amount 

24 transferred from the Fund under section 1101(b)(1) 
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1 for each fiscal year using the following weighted for2 mula: 

3 (A) Thirty-five percent of such amount 

4 shall be allocated to each coastal State based on 

5 the ratio of each State’s shoreline miles to the 

6 shoreline miles of all coastal States. 

7 (B) Sixty-five percent of such amount shall 

8 be allocated to each coastal State based on the 

9 ratio of each State’s coastal population to the 

10 coastal population of all coastal States. 

11 (2) MINIMUM STATE SHARE.—

12 (A) IN GENERAL.—The allocable share de13 termined by the Administrator under this sub14 section for each coastal State with a manage15 ment program approved by the Secretary of 

16 Commerce under the Coastal Zone Management 

17 Act of 1972 (16 U.S.C. 1451 et seq.), or that 

18 is making satisfactory progress toward one, 

19 shall not be less in any fiscal year than 0.50 

20 percent of the total amount transferred by the 

21 Secretary of the Treasury to the Administrator 

22 for that fiscal year under section 1101(b)(1). 

23 For any other coastal State the allocable share 

24 shall not be less than 0.25 percent of such 

25 transferred amount. 
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1 (B) RECOMPUTATION.—If 1 or more coast2 al States’ allocable shares, as computed under 

3 paragraphs (1) and (2), are increased by any 

4 amount under this paragraph, the allocable 

5 share for all other coastal States shall be re6 computed and reduced by the same amount so 

7 that not more than 100 percent of the amount 

8 transferred by the Secretary of the Treasury to 

9 the Administrator for that fiscal year under 

10 section 1101(b)(1) is allocated to all coastal 

11 States. The reduction shall be divided pro rata 

12 among such other coastal States. 

13 (c) PAYMENTS TO POLITICAL SUBDIVISIONS.—In the 

14 case of a coastal State, the Governor of the State shall 

15 pay 50 percent of the State’s allocable share, as deter16 mined under subsection (b), to the coastal political sub17 divisions in such State. Such payments shall be allocated 

18 among such coastal political subdivisions of the State ac19 cording to an allocation formula that is based on the coast20 al population density of each coastal political subdivision. 

21 (d) TIME OF PAYMENT.—Payments to coastal States 

22 and coastal political subdivisions under this section shall 

23 be made not later than December 31 of each year from 

24 revenues received during the immediately preceding fiscal 

25 year. 
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1 SEC. 1107. APPROVAL OF STATE FUNDING AND SPENDING 

2 PLANS. 

3 (a) DEVELOPMENT AND SUBMISSION OF REGIONAL

4 OCEAN ECOSYSTEM PLANS.—Each coastal State seeking 

5 to receive grants under this title shall participate in the 

6 development and implementation of Regional Ocean Eco7 system Plans required under title VII. 

8 (b) SUBMISSION OF SPENDING PLAN.—Each coastal 

9 State seeking funding under this title shall submit annu10 ally to the Administrator a spending plan for funds pro11 vided under this title. Such spending plan shall describe 

12 how the funds provided under this title will be used by 

13 the State to implement the State’s responsibilities and ob14 ligations in developing and implementing a Regional 

15 Ocean Ecosystem Plan. 

16 (c) APPROVAL OR DISAPPROVAL.—

17 (1) REQUIREMENTS.—A coastal State shall re18 ceive funding under this title if, in consultation with 

19 the National Oceans Council, the Administrator—

20 (A) certifies that such coastal State is par21 ticipating actively and sufficiently in the devel22 opment and implementation of a Regional 

23 Ocean Ecosystem Plan under title VII; 

24 (B) approves a spending plan submitted by 

25 such State that specifies how funds provided 

26 under this title will be used to meet the State’s 
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1 obligations and responsibilities in developing 

2 and implementing a Regional Ocean Ecosystem 

3 Plan under title VII; and 

4 (C) ensures any payments under this sub5 section to political subdivisions are consistent 

6 under title VII. 

7 (2) CONTENTS OF PLANS.—In addition to such 

8 other requirements as the Administrator by regula9 tion shall prescribe, each State spending plan shall 

10 include the following: 

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

12 have the authority to represent and act for the 

13 State in dealing with the Administrator for pur14 poses of this title. 

15 (B) A description of how funds provided 

16 under this title will be used to meet the State’s 

17 responsibilities to develop and implement the 

18 applicable Regional Ocean Ecosystem Plan. 

19 (C) A description of how the State will 

20 evaluate the effectiveness of its efforts to imple21 ment a Regional Ocean Ecosystem Plan. 

22 (D) Certification by the Governor of the 

23 State that ample opportunity has been accorded 

24 for public participation in the development and 

25 revision of the plan. 
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1 (E) Measures for taking into account other 

2 relevant Federal resources and programs. 

3 (3) PROCEDURE AND TIMING; REVISIONS.—The 

4 Administrator shall approve or disapprove each 

5 spending plan submitted in accordance with this sec6 tion. If a State first submits a plan by not later 

7 than 90 days before the beginning of the first fiscal 

8 year to which the plan applies, the Administrator 

9 shall approve or disapprove the plan by not later 

10 than 30 days before the beginning of that fiscal 

11 year. 

12 (4) AMENDMENT OR REVISION.—Any amend13 ment to or revision of the plan shall be prepared in 

14 accordance with the requirements of this subsection 

15 and shall be submitted to the Administrator for ap16 proval or disapproval. Any such amendment or revi17 sion shall take effect only for fiscal years after the 

18 fiscal year in which the amendment or revision is ap19 proved by the Administrator. 

20 (5) PUBLIC COMMENT.—Before approving or 

21 disapproving a spending plan of a State, amend22 ment, or revision to a plan, the Administrator shall 

23 provide for public comment on the State’s proposed 

24 expenditures for the forthcoming year.

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