II 

111TH CONGRESS 

1ST SESSION S. 3641 

To create the National Endowment for the Oceans to promote the protection 

and conservation of United States ocean, coastal, and Great Lakes ecosystems, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

Mr. WHITEHOUSE (for himself, Ms. SNOWE, and Mr. ROCKEFELLER) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To create the National Endowment for the Oceans to promote the protection and conservation of United States 

ocean, coastal, and Great Lakes ecosystems, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘National Endowment for the Oceans Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purpose. 

Sec. 3. Findings. 


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Sec. 4. Definitions. 

Sec. 5. National Endowment for the Oceans. 

Sec. 6. Eligible uses. 

Sec. 7. Grant programs. 

Sec. 8. Council. 

Sec. 9. Annual report. 

1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to protect, conserve, re3 store, and understand the oceans, coasts, and Great Lakes 

4 of the United States, ensuring present and future genera5 tions will benefit from the full range of ecological, eco6 nomic, educational, social, cultural, nutritional, and rec7 reational opportunities these resources are capable of pro8 viding. 

9 SEC. 3. FINDINGS. 

10 Congress finds the following: 

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

12 Earth’s surface, the oceans and Great Lakes sustain 

13 a large part of Earth’s biodiversity, provide an im14 portant source of food and other natural products, 

15 act as a frontier for scientific exploration, are crit16 ical to national security and economic well-being, 

17 and are a vital means of transportation. 

18 (2) The coastal regions of the United States 

19 have high biological productivity and contribute ap20 proximately 50 percent of the gross domestic prod21 uct of the United States. 


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1 (3) The oceans, coasts, and Great Lakes are 

2 susceptible to change as a direct and indirect result 

3 of human activities, which can inhibit ecosystem in4 tegrity and productivity, biodiversity, environmental 

5 quality, national security, economic competitiveness, 

6 availability of energy, resistance to natural hazards, 

7 and transportation safety and efficiency. 

8 (4) Human pressure on ocean, coastal, and 

9 Great Lakes resources is drastically increasing, with 

10 50 percent of the population of the United States 

11 living within 50 miles of the coast and, if population 

12 trends continue as expected, coastal development 

13 and urbanization impacts will present serious chal14 lenges and increase our vulnerability to coastal haz15 ards. 

16 (5) The oceans, coasts, and Great Lakes, and 

17 their resources are held in trust for the people of the 

18 United States by Federal, State, local, and tribal 

19 governments, and their conservation will benefit 

20 present and future generations. 

21 (6) A variety of human activities have caused 

22 dramatic declines in the health and productivity of 

23 ocean, coastal, and Great Lakes ecosystems of the 

24 United States, including— 


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1 (A) chemical, nutrient, thermal, and bio2 logical pollution, including introduction of 

3 invasive species, and introduction of marine de4 bris; 

5 (B) unwise land use and coastal develop6 ment; 

7 (C) loss and degradation of habitat, includ8 ing upstream freshwater habitat for anad9 romous, diadromous, and migratory fish spe10 cies; 

11 (D) overfishing and bycatch of nontarget 

12 marine species; and 

13 (E) global climate change and ocean acidi14 fication. 

15 (7) Activities harming ocean, coastal, and Great 

16 Lakes ecosystems jeopardize the economies and so17 cial structure of communities dependent on re18 sources from such ecosystems. 

19 (8) While there is an abundance of Federal, 

20 State, local, and tribal laws, government agencies, 

21 and programs designed to study, observe, protect, 

22 and manage ocean, coastal, and Great Lakes re23 sources, activities thereunder are poorly coordinated 

24 and do not constitute a unified and comprehensive 

25 public policy to enhance understanding, protection, 


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1 conservation, and restoration of the oceans, coasts, 

2 and Great Lakes. 

3 (9) Improving and coordinating Federal govern4 ance will require close partnership with States, tak5 ing into account their public trust responsibilities, 

6 their economic and ecological interests in ocean, 

7 coastal, and Great Lakes resources, and the role of 

8 State and local governments in the implementation 

9 of policies governing their use. 

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

11 Government to create, foster, and maintain condi12 tions, incentives, policies, and programs that will en13 sure the sustainable and effective conservation, man14 agement, and protection of the oceans, coasts, and 

15 Great Lakes, including fostering greater scientific 

16 understanding of these areas, in order to fulfill the 

17 responsibility of each generation as trustee in pro18 tecting such resources and ensuring their availability 

19 for future generations. 

20 (11) The oceans, coasts, and Great Lakes of 

21 the United States, and their resources are dependent 

22 upon and connected to those of other countries 

23 throughout the world, and collaboration with inter24 national bodies and governments will help protect 

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1 systems and resources for the benefit of the world’s 

2 population. 

3 (12) Programs that facilitate greater collabora4 tion and coordination among stakeholders and 

5 strengthen the relationship between governmental 

6 and nongovernmental partners will support our un7 derstanding of complex ecosystems and more effec8 tively leverage existing resources and expertise. 

9 (13) Supporting science, research, monitoring, 

10 modeling, forecasting, exploration, and assessment 

11 will continually improve the understanding of ocean, 

12 coastal, and Great Lakes ecosystems. 

13 SEC. 4. DEFINITIONS. 

14 In this Act: 

15 (1) COASTAL POPULATION.—The term ‘‘coastal 

16 population’’ means the population of all political 

17 subdivisions, as determined by the most recent offi18 cial data of the Census Bureau, contained in whole 

19 or in part within the designated coastal boundary of 

20 a State as defined in a State’s coastal zone manage21 ment program under the Coastal Zone Management 

22 Act of 1972 (16 U.S.C. 1451 et seq.) as of the date 

23 of enactment of this Act. 

24 (2) COASTAL STATE.—The term ‘‘coastal 

25 State’’ has the meaning given the term ‘‘coastal 


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1 state’’ in section 304 of the Coastal Zone Manage2 ment Act of 1972 (16 U.S.C. 1453). 

3 (3) COUNCIL.—The term ‘‘Council’’ means the 

4 National Endowment for the Oceans Council estab5 lished under section 8. 

6 (4) ENDOWMENT.—The term ‘‘Endowment’’ 

7 means the National Endowment for the Oceans es8 tablished under section 5. 

9 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

10 has the meaning given that term in section 4 of the 

11 Indian Self-Determination and Education Assistance 

12 Act (25 U.S.C. 450b). 

13 (6) LOCAL GOVERNMENT.—The term ‘‘local 

14 government’’ means a political subdivision all or part 

15 of which is within a coastal zone (as defined in sec16 tion 304 of the Coastal Zone Management Act of 

17 1972 (16 U.S.C. 1453)). 

18 (7) REGIONAL PLANNING BODY.—The term 

19 ‘‘regional planning body’’ means a regional entity 

20 that includes representatives of Federal and State 

21 agencies and, if applicable, Indian tribes and indige22 nous community representatives, with jurisdictional 

23 responsibilities or other interests (such as resource 

24 management, science, homeland and national secu25 rity, transportation, and public health) for the develVerDate Mar 15 2010 00:50 Jul 24, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3641.IS S3641

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1 opment and implementation of regional coordination 

2 and planning to understand, protect, maintain, and 

3 restore ocean, coastal, and Great Lakes ecosystems. 

4 (8) SECRETARY.—Except as otherwise specifi5 cally provided, the term ‘‘Secretary’’ means the Sec6 retary of Commerce. 

7 (9) TIDAL SHORELINE.—The term ‘‘tidal shore8 line’’ has the meaning given that term pursuant to 

9 section 923.110(c)(2)(i) of title 15, Code of Federal 

10 Regulations. 

11 SEC. 5. NATIONAL ENDOWMENT FOR THE OCEANS. 

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

13 Treasury of the United States a National Endowment for 

14 the Oceans, to be administered by the Secretary and avail15 able without further appropriation or fiscal year limita16 tion, solely for use in accordance with the requirements 

17 established under this Act. 

18 (b) FUNDING.— 

19 (1) INTEREST ON OSLTF INVESTMENTS.— 

20 Amounts credited to the Oil Spill Liability Trust 

21 Fund under section 9602(b) of the Internal Revenue 

22 Code of 1986 for any fiscal year beginning after fis23 cal year 2011 in which the average daily balance of 

24 the Fund is $1,500,000,000 or more shall, notwith25 standing any other provision of law to the contrary, 


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1 be transferred to the Endowment not later than 90 

2 days after the last day of such fiscal year. 

3 (2) OUTER CONTINENTAL SHELF LEASE REV4 ENUE.—Section 8 of the Outer Continental Shelf 

5 Lands Act (43 U.S.C. 1337) is amended by adding 

6 at the end the following: 

7 ‘‘(q) DEPOSITS IN THE NATIONAL ENDOWMENT FOR

8 THE OCEANS.—Beginning with fiscal year 2011, the Sec9 retary shall deposit 12.5 percent of the revenue generated 

10 under this section, excluding any revenue generated from 

11 Arctic drilling that begins after the date of the enactment 

12 of the National Endowment for the Oceans Act, in the 

13 National Endowment for the Oceans established by section 

14 4(a) of the National Endowment for the Oceans Act.’’. 

15 (3) REVENUES FROM OFFSHORE RENEWABLE

16 ENERGY DEVELOPMENT.—Beginning with fiscal year 

17 2011, the President shall ensure that 12.5 percent 

18 of the revenue generated by offshore renewable en19 ergy development, authorized or permitted under 

20 any provision of law, is deposited in the Endowment. 

21 (4) FINES COLLECTED FOR VIOLATIONS OF

22 FEDERAL LAWS.—Beginning with fiscal year 2011, 

23 the President shall ensure that a portion of fines 

24 paid to the United States for a violation of Federal 

25 law that occurs in the exclusive economic zone (as 


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1 defined in section 107 of title 46, United States 

2 Code) is deposited in the Endowment. 

3 (5) INVESTMENT OF ENDOWMENT AMOUNTS IN

4 INTEREST-BEARING OBLIGATIONS.—The Secretary 

5 of the Treasury shall invest such a portion of the 

6 amounts in the Endowment as are not required to 

7 meet current withdrawals, as determined by the Sec8 retary of the Treasury, in interest-bearing obliga9 tions of the United States in accordance with section 

10 9602 of the Internal Revenue Code of 1986. 

11 (6) AUTHORIZATION OF APPROPRIATIONS.—Be12 ginning with fiscal year 2015, there is authorized to 

13 be appropriated to the Endowment for any fiscal 

14 year in which the sum of the amounts to be trans15 ferred to, and deposited in, the Endowment under 

16 this subsection is estimated to be less than 

17 $100,000,000, an amount equal to the difference be18 tween $100,000,000 and the estimated amount of 

19 such transfers and deposits. 

20 (7) SAVINGS PROVISION.—Nothing in this sec21 tion shall decrease the amount any State may re22 ceive pursuant to section 8(g) of the Outer Conti23 nental Shelf Lands Act (43 U.S.C. 1337(g)) or sec24 tion 105 of the Gulf of Mexico Energy Security Act 

25 of 2006 (43 U.S.C. 1331 note). 


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1 (c) ALLOCATION.—Of the amounts deposited in the 

2 Endowment for each fiscal year— 

3 (1) at least 49 percent shall be used by the Sec4 retary to make grants to coastal States and affected 

5 Indian tribes under section 7(a); 

6 (2) at least 19 percent shall be used by the Sec7 retary to make grants to regional planning bodies 

8 under section 7(b); 

9 (3) at least 29 percent shall be allocated by the 

10 Secretary to the Ocean Resources Conservation and 

11 Assistance Grant Program established by section 

12 7(c); and 

13 (4) not more than 3 percent may be used for 

14 administrative expenses to carry out the programs 

15 created under this Act. 

16 SEC. 6. ELIGIBLE USES. 

17 (a) IN GENERAL.—Amounts in the Endowment may 

18 be allocated by the Secretary only to fund grants for pro19 grams and activities intended to restore, protect, main20 tain, or understand living marine resources and their habi21 tats and ocean, coastal, and Great Lakes resources, in22 cluding baseline scientific research, ocean observing, and 

23 other programs and activities carried out in coordination 

24 with Federal and State departments or agencies, that are 


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1 consistent with Federal environmental laws and that avoid 

2 environmental degradation, including— 

3 (1) ocean, coastal, and Great Lakes restoration 

4 and protection, including the protection of the envi5 ronmental integrity of such areas, and their related 

6 watersheds, including efforts to adapt to and with7 stand the impacts of global climate change; 

8 (2) restoration, protection, or maintenance of 

9 living ocean, coastal, and Great Lakes resources and 

10 their habitats, including marine protected areas and 

11 riparian migratory habitat of coastal and marine 

12 species; 

13 (3) planning for and managing coastal develop14 ment to minimize the loss of life and property asso15 ciated with global climate change and the coastal 

16 hazards resulting from global climate change; 

17 (4) analyses of current and anticipated climate 

18 change and ocean acidification and assessment of 

19 potential actions to minimize their harm to ocean, 

20 coastal, and Great Lakes ecosystems; 

21 (5) analyses of, and planning for, current and 

22 anticipated uses of ocean, coastal, and Great Lakes 

23 areas and identification of areas most suitable for 

24 various types of classes of activities and for restora25 tion, protection, and maintenance of ecosystem 


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1 health and to reduce conflicts among uses, reduce 

2 environmental impacts, facilitate compatible uses, 

3 and preserve critical ecosystem services to meet eco4 nomic, environmental, security, and social objectives; 

5 (6) regional, subregional, and site-specific man6 agement efforts designed to manage, protect, or re7 store ocean, coastal, and Great Lakes resources and 

8 ecosystems; 

9 (7) research, assessment, monitoring, observa10 tion, modeling, and sharing of information that con11 tributes to the understanding of ocean, coastal, and 

12 Great Lakes ecosystems and supports the purposes 

13 of this Act; 

14 (8) efforts to better understand the processes 

15 that govern the fate and transport of petroleum hy16 drocarbons released into the marine environment 

17 from natural and anthropogenic sources, including 

18 spills; 

19 (9) acquiring property or interests in property 

20 in coastal and estuarine areas if obtaining such 

21 property is subject to terms and conditions that will 

22 ensure it will be administered to support the pur23 poses of this Act; and 


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1 (10) protection and relocation of critical coastal 

2 public infrastructure affected by erosion, sea level 

3 rise, or impacts of global climate change. 

4 (b) REQUIREMENT FOR STATE MATCHING FUNDS.— 

5 Any amount from the Endowment provided to fund a 

6 project described in paragraph (9) or (10) of subsection 

7 (a) may not exceed 50 percent of the total project cost 

8 and may only be provided if the State in which such 

9 project will be carried out provides the remainder of the 

10 total project cost. 

11 (c) CONSIDERATIONS FOR GREAT LAKES STATES.— 

12 Programs and activities funded in Great Lakes States 

13 shall also seek to attain the goals embodied in the Great 

14 Lakes Restoration Initiative Plan, the Great Lakes Re15 gional Collaboration Strategy, the Great Lakes Water 

16 Quality Agreement, or other collaborative planning efforts 

17 of the Great Lakes Region. 

18 SEC. 7. GRANT PROGRAMS. 

19 (a) GRANTS TO COASTAL STATES.— 

20 (1) IN GENERAL.—Subject to paragraphs (2), 

21 (3), and (4), the Secretary shall make grants of 

22 amounts allocated under section 5(c)(1) to coastal 

23 States or affected Indian tribes, based on the fol24 lowing formula: 


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1 (A) Fifty percent of the funds are allocated 

2 equally among coastal States that have a coast3 al management program approved under the 

4 Coastal Zone Management Act of 1972 (16 

5 U.S.C. 1451 et seq.). 

6 (B) Twenty-five percent of the funds are 

7 allocated on the basis of the ratio of tidal shore8 line miles in a coastal State to the tidal shore9 line miles of all coastal States. 

10 (C) Twenty-five percent of the funds are 

11 allocated on the basis of the ratio of coastal 

12 population density of a coastal State to the 

13 coastal population density of all coastal States. 

14 (2) ALLOCATION TO INDIAN TRIBES.—Amounts 

15 allocated under paragraph (1)(A) shall be allocated 

16 to affected Indian tribes based on, and directly pro17 portional to, any specific coastal and ocean manage18 ment authority granted to an affected tribe pursuant 

19 to affirmation of a Federal reserved right. 

20 (3) MAXIMUM ALLOCATION TO STATES.—Not21 withstanding paragraph (1), not more than 10 per22 cent of the total funds distributed under this sub23 section may be allocated to any single State. Any 

24 amount exceeding this limit shall be redistributed 


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1 among the remaining States according to the for2 mula established under paragraph (1). 

3 (4) MAXIMUM ALLOCATION TO CERTAIN GEO4 GRAPHIC AREAS.— 

5 (A) IN GENERAL.—Notwithstanding para6 graph (1), each geographic area described in 

7 subparagraph (B) may not receive more than 1 

8 percent of the total funds distributed under this 

9 subsection. Any amount exceeding this limit 

10 shall be redistributed among the remaining 

11 States according to the formula established 

12 under paragraph (1). 

13 (B) GEOGRAPHIC AREAS DESCRIBED.— 

14 The geographic areas described in this subpara15 graph are the following: 

16 (i) American Samoa. 

17 (ii) The Commonwealth of the North18 ern Mariana Islands. 

19 (iii) Guam. 

20 (iv) Puerto Rico. 

21 (v) The Virgin Islands. 

22 (5) REQUIREMENT TO SUBMIT PLANS.—To be 

23 eligible to receive a grant under this subsection, a 

24 coastal State or Indian tribe shall submit, and the 

25 Secretary shall review— 


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1 (A) a 5-year plan, which shall include— 

2 (i) a prioritized list of goals the coast3 al State or Indian tribe intends to achieve 

4 during the time period covered by the 5- 

5 year plan; 

6 (ii) general descriptions of projects or 

7 activities, consistent with the eligible uses 

8 described in section 6, that could con9 tribute to realization of such goals; 

10 (iii) criteria to determine eligibility for 

11 entities which may receive grants under 

12 this program; 

13 (iv) a description of the competitive 

14 process the coastal State or Indian tribe 

15 will use in allocating funds received from 

16 the Endowment; and 

17 (v) a clearly defined application proc18 ess requiring an applicant to show that— 

19 (I) its project or activity is con20 sistent with the eligible uses of the 

21 Endowment; and 

22 (II) it has established and is ca23 pable of implementing measures to en24 sure the accurate accounting for an 


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1 appropriate administration of funds 

2 received; and 

3 (B) an annual work plan which shall in4 clude— 

5 (i) a detailed, specific, prioritized list 

6 of projects or activities to be funded from 

7 the Endowment, and desired outcomes of 

8 those projects or activities; 

9 (ii) for each project or activity, a de10 scription of how such project or activity is 

11 consistent with the eligible uses of the En12 dowment; and 

13 (iii) for each project or activity, a 

14 schedule for completion and a description 

15 of how such project or activity helps 

16 achieve the goals established in its 5-year 

17 plan. 

18 (6) OPPORTUNITY FOR PUBLIC COMMENT.—In 

19 determining whether to approve a plan described in 

20 paragraph (5)(A), the Secretary shall provide oppor21 tunity for, and take into consideration, public input 

22 and comment on the plan. 

23 (7) APPROVAL PROCEDURE.— 

24 (A) IN GENERAL.—The Secretary shall no25 tify a coastal State or Indian tribe not later 


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1 than 90 days after receiving a 5-year plan or 

2 annual work plan that the Secretary— 

3 (i) approves the plan as submitted; 

4 (ii) disapproves the plan as submitted; 

5 or 

6 (iii) needs up to an additional 30 days 

7 to further review the plan. 

8 (B) DISAPPROVAL.—If the Secretary dis9 approves a proposed 5-year plan or annual work 

10 plan, the Secretary shall provide notice of such 

11 disapproval to the submitting coastal State or 

12 Indian tribe in writing, and include in such no13 tice the rationale for the Secretary’s decision. 

14 The submitting State shall resubmit the plan to 

15 the Secretary not later than 30 days after re16 ceiving the notice of disapproval. 

17 (C) PRESUMPTIVE APPROVAL.—If the Sec18 retary fails to notify the coastal State or Indian 

19 tribe within 120 days after receiving a 5-year 

20 plan or annual work plan that the Secretary ap21 proves or disapproves the plan, or that the Sec22 retary needs additional time for review, the plan 

23 shall be deemed to have been approved. 

24 (b) GRANTS TO REGIONAL PLANNING BODIES.— 


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1 (1) IN GENERAL.—The Secretary shall use 

2 amounts allocated under section 5(c)(2) to award 

3 grants to Regional Planning Bodies to create and 

4 implement Regional Strategic Plans, as described in 

5 this subsection. 

6 (2) REQUIREMENTS FOR PLAN.—In order to be 

7 eligible to receive a grant under this subsection, a 

8 Regional Planning Body being considered for such a 

9 grant shall submit an application that demonstrates 

10 how activities to be carried out with grant funds 

11 would facilitate the creation or implementation of a 

12 Regional Strategic Plan, as described in this sub13 section. 

14 (3) REGIONAL STRATEGIC PLAN.— 

15 (A) REQUIREMENT.—Not later than 5 

16 years after receiving a grant under this section, 

17 each Regional Planning Body shall prepare and 

18 submit to the Secretary for review, a Regional 

19 Strategic Plan. 

20 (B) CONTENTS.—Each Regional Strategic 

21 Plan submitted under this paragraph shall— 

22 (i) be based on initial assessments 

23 of— 

24 (I) the region’s ocean, coastal, 

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1 termined through science-based eco2 system assessments and through mon3 itoring, and forecasting physical, 

4 chemical, and biological ocean param5 eters; 

6 (II) the cultural and economic 

7 role of the ocean, coasts, or Great 

8 Lakes in the region; and 

9 (III) existing, emerging, and cu10 mulative threats to ocean, coastal, and 

11 Great Lakes ecosystem health of the 

12 region; 

13 (ii) specify essential areas within the 

14 ocean, coastal, or Great Lakes region; 

15 (iii) describe short-term and long16 term— 

17 (I) goals for improving ocean, 

18 coastal, and Great Lakes ecosystem 

19 health in the region covered by the 

20 Plan, and 

21 (II) indicators of improvements 

22 in economic sustainability in the re23 gion resulting from improved eco24 system health and enhanced collaboraVerDate Mar 15 2010 00:50 Jul 24, 2010 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S3641.IS S3641

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1 tion and coordination among Federal 

2 and State agencies; 

3 (iv) include recommendations for long4 term observing and monitoring measures 

5 for the region covered by the Plan; 

6 (v) identify Federal and State priority 

7 issues within the region covered by the 

8 Plan; 

9 (vi) describe potential management 

10 solutions and policies to address the pri11 ority issues; 

12 (vii) identify research, information, 

13 and data needed to carry out the Plan; 

14 (viii) identify performance measures 

15 and benchmarks for purposes of clauses 

16 (ii) through (vi) to evaluate the Plan’s ef17 fectiveness; and 

18 (ix) define responsibilities and include 

19 an analysis of the gaps in authority, co20 ordination, and resources, including fund21 ing, that must be filled in order to fully 

22 achieve those performance measures and 

23 benchmarks. 

24 (4) PUBLIC PARTICIPATION.—Each Regional 

25 Planning Body shall provide adequate opportunities 


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1 for public input during the development of the Re2 gional Strategic Plan for the region and any revi3 sions to such Plan. 

4 (5) PLAN REVISION.—Each approved Regional 

5 Strategic Plan shall be reviewed and revised by the 

6 appropriate Regional Planning Body at least once 

7 every 5 years. The revised Plan shall be submitted 

8 to the Secretary for review and approval pursuant to 

9 paragraph (6). 

10 (6) APPROVAL PROCEDURE.— 

11 (A) IN GENERAL.—Not later than 90 days 

12 after receiving a Regional Strategic Plan from 

13 a Regional Planning Body, the Secretary shall 

14 notify the Regional Planning Body that the 

15 Secretary— 

16 (i) approves the plan as submitted; 

17 (ii) disapproves the plan as submitted; 

18 or 

19 (iii) needs up to an additional 30 days 

20 to further review the plan. 

21 (B) DISAPPROVAL.—If the Secretary dis22 approves a proposed Regional Strategic Plan, 

23 the Secretary shall provide notice of such dis24 approval to the submitting Regional Planning 

25 Body in writing, and include in such notice the 


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1 rationale for the Secretary’s decision. The Re2 gional Planning Body shall resubmit the Plan 

3 not later than 30 days after receiving such no4 tice and rationale for initial disapproval. 

5 (C) PRESUMPTIVE APPROVAL.—If the Sec6 retary fails to notify the Regional Planning 

7 Body within 120 days after receipt of a sub8 mitted Regional Strategic Plan that the Sec9 retary approves or disapproves the plan, or that 

10 the Secretary needs additional time for review, 

11 the plan shall be deemed to have been approved. 

12 (7) OPPORTUNITY FOR PUBLIC COMMENT.—In 

13 determining whether to approve a Regional Strategic 

14 Plan under this subsection, the Secretary shall pro15 vide opportunity for, and take into consideration 

16 public input and comment on, the plans from stake17 holders and the general public. 

18 (c) NATIONAL GRANTS FOR OCEANS, COASTS, AND

19 GREAT LAKES.— 

20 (1) IN GENERAL.—The Secretary may use 

21 amounts allocated under section 5(c)(3) to make 

22 grants to support activities consistent with section 6. 

23 (2) CRITERIA FOR ENTITIES.—The Secretary, 

24 in consultation with the Council, shall establish criVerDate Mar 15 2010 00:50 Jul 24, 2010 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S3641.IS S3641

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1 teria to determine the type of entities eligible for 

2 grants under this subsection, including— 

3 (A) coastal State, noncoastal State, local, 

4 and affected Indian tribal governments and 

5 agencies; 

6 (B) regional agencies, associations, or or7 ganizations other than regional planning bodies; 

8 (C) fishery or wildlife management organi9 zations; 

10 (D) nonprofit organizations; and 

11 (E) academic institutions. 

12 (3) APPROVAL.—The Secretary shall— 

13 (A) review the Council’s recommendations 

14 submitted under section 8(h); 

15 (B) subject to approval, allocate amounts 

16 allocated under section 5(c)(3) on the basis of 

17 the Council’s recommendations; and 

18 (C) if the Secretary disapproves a grant 

19 recommended by the Council, explain that dis20 approval in writing. 

21 (d) AUTHORITY OF THE SECRETARY.—The Sec22 retary, in consultation with the Secretary of the Interior, 

23 the Administrator of the Environmental Protection Agen24 cy, the Chair of the Council on Environmental Quality, 

25 the Director of the Office of Science and Technology PolVerDate Mar 15 2010 00:50 Jul 24, 2010 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S3641.IS S3641

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1 icy, and the Director of the National Science Foundation, 

2 shall establish and make available for public comment— 

3 (1) application and review procedures for the 

4 grant programs described in subsections (a), (b), 

5 and (c), including requirements ensuring any 

6 amounts provided pursuant to such programs may 

7 only be used for an eligible use described under sec8 tion 6; 

9 (2) performance accountability and monitoring 

10 measures for programs and activities receiving fund11 ing through the grant programs described in sub12 sections (a), (b), and (c); 

13 (3) procedures and methods to ensure accurate 

14 accounting and appropriate administration for each 

15 of the grant programs described in subsections (a), 

16 (b), and (c), including standards of record-keeping; 

17 (4) procedures to carry out audits of the En18 dowment as necessary, but not less frequently than 

19 once every 5 years; and 

20 (5) procedures to carry out audits of the recipi21 ents of grants under subsection (a), (b), or (c), in22 cluding States. 

23 SEC. 8. COUNCIL. 

24 (a) ESTABLISHMENT.—The Secretary shall establish 

25 a National Endowment for the Oceans Council which shall 


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1 consist of 7 members with expertise in the conservation 

2 and management of ocean, coastal, and Great Lakes eco3 systems and marine resources. 

4 (b) MEMBERSHIP; APPOINTMENT.—The members of 

5 the Council shall be as follows: 

6 (1) Two representatives of the National Oceanic 

7 and Atmospheric Administration, appointed by the 

8 Administrator of the National Oceanic and Atmos9 pheric Administration. 

10 (2) One representative of the Office of Water of 

11 the Environmental Protection Agency, appointed by 

12 the Administrator of the Environmental Protection 

13 Agency. 

14 (3) One representative of the United States 

15 Fish and Wildlife Service, appointed by the Director 

16 of the United States Fish and Wildlife Service. 

17 (4) One representative of the National Science 

18 Foundation, appointed by the Director of the Na19 tional Science Foundation. 

20 (5) One representative of the Council on Envi21 ronmental Quality, appointed by the Chair of the 

22 Council on Environmental Quality. 

23 (6) One representative of the United States Ge24 ological Survey, appointed by the Director of the 

25 United States Geological Survey. 


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1 (c) TERM; VACANCY.— 

2 (1) TERM.—The term of office of a member of 

3 the Council is 5 years, except that— 

4 (A) of the members initially appointed 

5 under subsection (b)(1), 1 shall be appointed 

6 for a term of 4 years; 

7 (B) the member initially appointed under 

8 paragraphs (2), (3), and (4) of subsection (b) 

9 shall be appointed for a term of 3 years; and 

10 (C) the member initially appointed under 

11 subsection (b)(5), shall be appointed for a term 

12 of 4 years. 

13 (2) VACANCY.—Whenever a vacancy occurs 

14 among members of the Council, the Secretary, or the 

15 head of the appropriate agency shall appoint an indi16 vidual to fill that vacancy for the remainder of the 

17 applicable term. 

18 (d) CHAIR.— 

19 (1) IN GENERAL.—The Council shall elect a 

20 chair from among its members. 

21 (2) TERM.—The chair shall serve for a 3-year 

22 term, except that the first chair may be elected for 

23 a term of less than 3 years, as determined by the 

24 Council. 


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1 (e) QUORUM.—Five members of the Council shall 

2 constitute a quorum for the transaction of business. 

3 (f) MEETINGS.— 

4 (1) IN GENERAL.—The Council shall meet at 

5 the call of the chair, but in no case less frequently 

6 than twice each year. 

7 (2) PUBLIC ACCESS.—Meetings of the Council 

8 shall be open to the public, and the chair shall take 

9 appropriate steps to provide adequate notice to the 

10 public of the time and place of such meetings. 

11 (3) FAILURE TO ATTEND.—If a Council mem12 ber misses 3 consecutively scheduled meetings, the 

13 Secretary may revoke that member’s appointment to 

14 the Council. 

15 (g) STAFF.— 

16 (1) EMPLOYMENT.—The Secretary may employ 

17 and fix the compensation of staff, as the Council de18 termines necessary, to carry out such duties as the 

19 Council may require and, with assistance from the 

20 National Oceanic and Atmospheric Administration, 

21 facilitate consideration of grant applications and 

22 otherwise assist the Council in carrying out its re23 sponsibilities. 

24 (2) PAY AND BENEFITS.—The pay and benefits 

25 of the staff shall be derived from amounts available 


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1 from the Endowment for administrative costs sub2 ject to section 5(c)(4). 

3 (3) STATUS AS FEDERAL EMPLOYEES.— 

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (B), employees of the Council 

6 shall be considered Federal employees only for 

7 purposes of— 

8 (i) injury compensation as provided in 

9 chapter 81 of title 5, United States Code, 

10 and tort claims liability under chapter 171 

11 of title 28, United States Code; 

12 (ii) the Ethics in Government Act of 

13 1978 (5 U.S.C. App.) and the provisions of 

14 chapter 11 of title 18, United States Code; 

15 and 

16 (iii) any other statute or regulation 

17 governing the conduct of Federal employ18 ees. 

19 (B) EXCEPTION.—Notwithstanding sub20 paragraph (A), section 208(a) of title 18, 

21 United States Code, shall not apply to such an 

22 individual if, after review of the financial disclo23 sure report filed by the individual pursuant to 

24 the Ethics in Government Act of 1978 (5 

25 U.S.C. App.), the Secretary, or the Secretary’s 


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1 designee, certifies in writing that the need for 

2 the individual’s services outweighs the potential 

3 for a conflict of interest created by the financial 

4 interest involved. 

5 (h) FUNCTIONS.—The Council shall— 

6 (1) receive and review, according to procedures 

7 established under section 7(d)(1), applications for 

8 grants under subsections (b) and (c) of section 7; 

9 and 

10 (2) submit to the Secretary a list of rec11 ommended applications for such grants, consistent 

12 with existing Federal ocean policy and criteria estab13 lished under this Act, and include— 

14 (A) a recommended priority order for 

15 funding such applications; 

16 (B) the amount of the grant each such ap17 plication should receive; and 

18 (C) any specific requirements, conditions, 

19 or limitations for such an application rec20 ommended for funding under this Act. 

21 (i) ADVISORY PANEL.—In reviewing applications for 

22 grants under subsections (b) and (c) of section 7, the 

23 Council shall establish an external review process through 

24 working groups or by other means, including consultation 

25 with persons representing— 


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1 (1) a balanced and diverse range of ocean, 

2 coastal, and Great Lakes dependent industries; 

3 (2) a balanced and diverse range of regions; 

4 (3) representatives of nonprofit conservation or5 ganizations with a mission that includes the con6 servation and protection of living marine resources 

7 and their habitats; and 

8 (4) representatives of academia with strong sci9 entific or technical credentials and experience in ma10 rine science or policy. 

11 SEC. 9. ANNUAL REPORT. 

12 (a) REQUIREMENT FOR ANNUAL REPORT.—Begin13 ning with fiscal year 2012, not later than 60 days after 

14 the end of each fiscal year, the Secretary shall submit a 

15 report on the operation of the Endowment during the fis16 cal year to the Committee on Commerce, Science, and 

17 Transportation of the Senate and the Committee on Nat18 ural Resources of the House of Representatives. 

19 (b) CONTENT.—Each annual report submitted under 

20 subsection (a) for a fiscal year shall include— 

21 (1) a statement of the amounts deposited in the 

22 Endowment and the balance remaining in the En23 dowment at the end of the fiscal year; 


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1 (2) a description of the expenditures made from 

2 the Endowment for the fiscal year, including the 

3 purpose of the expenditures; and 

4 (3) recommendations for additional authority 

5 necessary to fulfill the purpose of the Endowment. 

Æ 


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