Save Our Seas 2.0 Amendments Act

To amend the Save Our Seas 2.0 Act to improve the administration of the Marine Debris Foundation, to amend the Marine Debris Act to improve the administration of the Marine Debris Program of the National Oceanic and Atmospheric Administration, and for other purposes. 1. Short title This Act may be cited as the Save Our Seas 2.0 Amendments Act 2. Modifications to the Marine Debris Foundation (a) Definition of Tribal organization Section 2 of the Save Our Seas 2.0 Act ( 33 U.S.C. 4201 (1) in paragraph (7)(D), by striking (as defined 5304)) (2) by redesignating paragraph (11) as paragraph (12); and (3) by inserting after paragraph (10) the following: (11) Tribal organization The term Tribal organization 25 U.S.C. 5304 . (b) Status of Foundation Section 111(a) of such Act ( 33 U.S.C. 4211(a) organization corporation (c) Board of Directors (1) Appointment, vacancies, and removal Section 112(b) of such Act ( 33 U.S.C. 4212(b) (A) in paragraph (1), in the matter preceding subparagraph (A)— (i) by striking and considering considering (ii) by inserting and with the approval of the Secretary of Commerce, by the Board, (iii) by inserting and such other criteria as the Under Secretary may establish subsection (a) (B) in paragraph (3)(A), by inserting with the approval of the Secretary of Commerce the Board (C) in paragraph (5)— (i) by inserting the Administrator of the United States Agency for International Development, Service, (ii) by inserting and with the approval of the Secretary of Commerce EPA Administrator (D) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and (E) by inserting after paragraph (1) the following: (2) Recommendations of Board regarding appointments For appointments made under paragraph (1) other than the initial appointments, the Board shall submit to the Under Secretary recommendations on candidates for appointment. . (2) General powers Section 112(g) of such Act ( 33 U.S.C. 4212(g) (A) in paragraph (1)(A), by striking officers and employees the initial officers and employees (B) in paragraph (2)(B)(i), by striking its chief operating officer the chief executive officer of the Foundation (3) Chief executive officer Section 112 of such Act ( 33 U.S.C. 4212 (h) Chief executive officer (1) Appointment; removal; review The Board shall appoint and may remove and review the performance of the chief executive officer of the Foundation. (2) Powers The chief executive officer of the Foundation may appoint, remove, and review the performance of any officer or employee of the Foundation. . (d) Powers of Foundation Section 113(c)(1) of such Act ( 33 U.S.C. 4213(c)(1) (1) by inserting nonprofit corporation (2) by striking acting as a trustee formed (e) Principal office Section 113 of such Act ( 33 U.S.C. 4213 (g) Principal office The Board may locate the principal office of the Foundation outside the District of Columbia and is encouraged to locate that office in a coastal State. . (f) Best practices Section 113 of such Act ( 33 U.S.C. 4213 (h) Best practices (1) In general The Foundation shall develop and implement best practices for conducting outreach to Indian Tribes. (2) Requirements The best practices developed under paragraph (1) shall— (A) include a process to support technical assistance and capacity building to improve outcomes; and (B) promote an awareness of programs and grants available under this Act. . (g) Use of funds Section 118 of such Act ( 33 U.S.C. 4218 (1) in subsection (a)— (A) in paragraph (2), by striking and State and local government agencies , State and local government agencies, United States and international nongovernmental organizations, regional organizations, Indian Tribes, Tribal organizations, and foreign government entities (B) in paragraph (3)— (i) in the paragraph heading, by striking Prohibition Limitation (ii) in subparagraph (A)— (I) by striking Except as provided in subparagraph (B), no Not more than 12 percent of (II) by striking for administrative to offset the administrative (iii) by striking subparagraph (B) and inserting the following: (B) Salaries The Foundation may use Federal funds described in subparagraph (A) to pay for salaries only during the 24-month period beginning on the date of the enactment of the Save Our Seas 2.0 Amendments Act ; and (2) in subsection (b)(2), by striking and State and local government agencies , State and local government agencies, United States and international nongovernmental organizations, regional organizations, and foreign government entities 3. Modifications to the Marine Debris Program of the National Oceanic and Atmospheric Administration (a) Grants, cooperative agreements, contracts, and other agreements Section 3(d) of the Marine Debris Act ( 33 U.S.C. 1952(d) (1) in the subsection heading, by striking and contracts contracts, and other agreements (2) in paragraph (1), by striking and contracts , contracts, and other agreements (3) in paragraph (2)— (A) in subparagraph (B)— (i) by striking part of the part of a (ii) by inserting or (C) subparagraph (A) (B) in subparagraph (C), in the matter preceding clause (i), by inserting and except as provided in subparagraph (B) subparagraph (A) (4) by adding at the end the following: (7) In-kind contributions With respect to any project carried out pursuant to a contract or other agreement entered into under paragraph (1) that is not a cooperative agreement or an agreement to provide financial assistance in the form of a grant, the Administrator may contribute on an in-kind basis the portion of the costs of the project that the Administrator determines represents the amount of benefit the National Oceanic and Atmospheric Administration derives from the project. . (b) Receipt and expenditure of funds; use of resources Section 3 of such Act ( 33 U.S.C. 1952 (e) Receipt and expenditure of funds In order to accomplish the purpose set forth in section 2, the Administrator, acting through the Program, may receive and, only to the extent provided in advance in appropriations Acts, expend funds made available by— (1) any department, agency, or instrumentality of the United States; (2) any State or local government (or any political subdivision thereof); (3) any Indian tribe; (4) any foreign government or international organization; (5) any public or private organization; or (6) any individual. (f) Use of resources In order to accomplish the purpose set forth in section 2, the Administrator, acting through the Program, may use, with consent, with reimbursement, and subject to the availability of appropriations, the land, services, equipment, personnel, and facilities of— (1) any department, agency, or instrumentality of the United States; (2) any State or local government (or any political subdivision thereof); (3) any Indian tribe; (4) any foreign government or international organization; (5) any public or private organization; or (6) any individual. . (c) Definition of Indian tribe Section 7 of such Act ( 33 U.S.C. 1956 (1) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and (2) by inserting after paragraph (1) the following: (2) Indian tribe The term Indian tribe 25 U.S.C. 5304 . 1. Short title This Act may be cited as the Save Our Seas 2.0 Amendments Act 2. Modifications to the Marine Debris Foundation (a) Definitions Section 2 of the Save Our Seas 2.0 Act ( 33 U.S.C. 4201 (1) in paragraph (7)(D), by striking (as defined 5304)) (2) by redesignating paragraph (11) as paragraph (13); and (3) by inserting after paragraph (10) the following: (11) Tribal government The term Tribal government Save Our Seas 2.0 Amendments Act 25 U.S.C. 5131 (12) Tribal organization The term Tribal organization 25 U.S.C. 5304 . (b) Status of Foundation Section 111(a) of such Act ( 33 U.S.C. 4211(a) organization corporation (c) Purposes Section 111(b)(3) of such Act ( 33 U.S.C. 4211(b)(3) Indian Tribes, Tribal governments, (d) Board of Directors (1) Appointment, vacancies, and removal Section 112(b) of such Act ( 33 U.S.C. 4212(b) (A) in paragraph (1), in the matter preceding subparagraph (A)— (i) by striking and considering considering (ii) by inserting and with the approval of the Secretary of Commerce, by the Board, (iii) by inserting and such other criteria as the Under Secretary may establish subsection (a) (B) in paragraph (3)(A), by inserting with the approval of the Secretary of Commerce the Board (C) in paragraph (5)— (i) by inserting the Administrator of the United States Agency for International Development, Service, (ii) by inserting and with the approval of the Secretary of Commerce EPA Administrator (D) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and (E) by inserting after paragraph (1) the following: (2) Recommendations of Board regarding appointments For appointments made under paragraph (1) other than the initial appointments, the Board shall submit to the Under Secretary recommendations on candidates for appointment. . (2) General powers Section 112(g) of such Act ( 33 U.S.C. 4212(g) (A) in paragraph (1)(A), by striking officers and employees the initial officers and employees (B) in paragraph (2)(B)(i), by striking its chief operating officer the chief executive officer of the Foundation (3) Chief executive officer Section 112 of such Act ( 33 U.S.C. 4212 (h) Chief executive officer (1) Appointment; removal; review The Board shall appoint and may remove and review the performance of the chief executive officer of the Foundation. (2) Powers The chief executive officer of the Foundation may appoint, remove, and review the performance of any officer or employee of the Foundation. . (e) Powers of Foundation Section 113(c)(1) of such Act ( 33 U.S.C. 4213(c)(1) (1) by inserting nonprofit corporation (2) by striking acting as a trustee formed (f) Principal office Section 113 of such Act ( 33 U.S.C. 4213 (g) Principal office The Board may locate the principal office of the Foundation outside the District of Columbia and is encouraged to locate that office in a coastal State. . (g) Best practices; rule of construction Section 113 of such Act ( 33 U.S.C. 4213 (h) Best practices (1) In general The Foundation shall develop and implement best practices for conducting outreach to Indian Tribes and Tribal governments. (2) Requirements The best practices developed under paragraph (1) shall— (A) include a process to support technical assistance and capacity building to improve outcomes; and (B) promote an awareness of programs and grants available under this Act. (i) Rule of construction Nothing in this Act may be construed— (1) to satisfy any requirement for government-to-government consultation with Tribal governments; or (2) to affect or modify any treaty or other right of any Tribal government. . (h) Use of funds Section 118 of such Act ( 33 U.S.C. 4218 (1) in subsection (a)— (A) in paragraph (2), by striking and State and local government agencies , State and local government agencies, regional organizations, Indian Tribes, and Tribal organizations (B) in paragraph (3)— (i) in the paragraph heading, by striking Prohibition Limitation (ii) by striking subparagraph (B) and inserting the following: (B) Salaries The Foundation may use Federal funds described in subparagraph (A) to pay for salaries only during the 24-month period beginning on the date of the enactment of the Save Our Seas 2.0 Amendments Act ; and (2) in subsection (b)(2), by striking and State and local government agencies , State and local government agencies, United States and international nongovernmental organizations, regional organizations, and foreign government entities 3. Modifications to the Marine Debris Program of the National Oceanic and Atmospheric Administration Section 3(d) of the Marine Debris Act ( 33 U.S.C. 1952(d) (1) in the subsection heading, by striking and contracts contracts, and other agreements (2) in paragraph (1), by striking and contracts , contracts, and other agreements (3) in paragraph (2)— (A) in subparagraph (B)— (i) by striking part of the part of a (ii) by inserting or (C) subparagraph (A) (B) in subparagraph (C), in the matter preceding clause (i), by inserting and except as provided in subparagraph (B) subparagraph (A) (4) by adding at the end the following: (7) In-kind contributions With respect to any project carried out pursuant to a contract or other agreement entered into under paragraph (1) that is not a cooperative agreement or an agreement to provide financial assistance in the form of a grant, the Administrator may contribute on an in-kind basis the portion of the costs of the project that the Administrator determines represents the amount of benefit the National Oceanic and Atmospheric Administration derives from the project. . December 5, 2023 Reported with an amendment

Summary: Save Our Seas 2.0 Amendments Act This bill revises provisions governing the administration of the Marine Debris Foundation and the Marine Debris Program. Specifically, the bill allows the foundation to use up to 12% of appropriated funds for administrative expenses. Those expenses may include employee salaries for the two years following the bill's enactment. The bill also allows the foundation to locate its principal office outside of the District of Columbia and encourages the foundation to locate it in a coastal state. In addition, the bill requires the foundation to develop best practices for conducting outreach to Indian tribes. The bill also requires the National Oceanic and Atmospheric Administration (NOAA) to approve appointments to the foundation's board of directors. NOAA may enter into other agreements, outside of contracts, under the Marine Debris Program. NOAA may also accept in-kind contributions for the program.