TITLE I—CONGRESSIONAL DEC-
LARATION 
OF 
NATIONAL 
OCEANS POLICY 
Subtitle A—National Oceans Policy 
SEC. 101. NATIONAL OCEANS POLICY. 
(a) POLICY.—The Congress declares that it is the 
continuing policy of the United States to protect, main-
tain, and restore the health of marine ecosystems in order 
to fulfill the ecological, economic, educational, social, cul-
tural, nutritional, recreational, and other requirements of 
present and future generations of Americans. 
(b) RESPONSIBILITY
OF FEDERAL GOVERNANCE 
SYSTEM.—In order to carry out the policy set forth in this 
Act, the President, acting through the Administrator of 
the National Oceanic and Atmospheric Administration 
and top officials of other Federal agencies and depart-
ments, shall— 
(1) protect, maintain, and restore the health of 
marine ecosystems; 
(2) require that ocean resources be used in a 
manner that is ecologically sustainable; 
(3) manage covered actions affecting the oceans 
on an ecosystem basis; 
(4) exercise precaution in support of protecting, 
restoring, and maintaining the health of marine eco-
systems in the case of uncertain or inadequate infor-
mation; 
(5) use the best available scientific, social, and 
economic information to make decisions; 
(6) support research and education to improve 
basic understanding of marine ecosystems and their 
management and restoration; 
(7) promote and support international collabo-
ration on research of marine ecosystems and the 
conservation of healthy marine ecosystems; 
(8) adapt in a timely manner to new informa-
tion on the health of marine ecosystems and the ef-
fectiveness of management decisions; 
(9) be equitable and transparent, and promote 
cooperation and participation among all stake-
holders; 
(10) provide accountability; and 
(11) foster responsible stewardship of the 
oceans. 
Subtitle B—National Standards 
SEC. 111. NATIONAL STANDARDS. 
(a) ESTABLISHMENT OF STANDARDS.—To the fullest 
extent possible the policies, regulations, and Public Laws 
of the United States shall be interpreted and administered 
in accordance with the following national standards:
(1) Covered actions affecting United States 
ocean waters or ocean resources must be conducted 
in a manner that is consistent with the protection 
and maintenance of healthy marine ecosystems and, 
where appropriate, the restoration of degraded ma-
rine ecosystems. 
(2) Any covered action that may significantly 
affect United States ocean waters or ocean resources 
may proceed only if the covered action, individually 
and in combination with other covered actions— 
(A) is not likely to significantly harm the 
health of any marine ecosystem; and 
(B) is not likely to significantly impede the 
restoration of the health of any marine eco-
system. 
(3) In the case of incomplete or inconclusive in-
formation as to the effects of a covered action on 
United States ocean waters or ocean resources, deci-
sions shall be made in such a way as will ensure pro-
tection, maintenance, and restoration of healthy ma-
rine ecosystems. 
(4) To the extent practicable, and consistent 
with other provisions of this Act, including the other 
national standards under this subsection, adverse so-
cial and economic impacts on communities that are
significantly resource dependent shall be minimized. 
Consideration of impacts on resource dependent 
communities shall include, but not be limited to, cu-
mulative impacts. 
(b) RULEMAKING.— 
(1) APPLICATION OF NATIONAL STANDARDS TO 
COVERED
ACTIONS.—Within 12 months after the 
date of the enactment of this Act, the Administrator, 
in consultation with the Committee on Ocean Policy, 
shall issue regulations that shall govern the applica-
tion of the national standards set forth in subsection 
(a) with respect to covered actions. 
(2) OTHER REGULATIONS.—The Administrator 
may issue other regulations regarding implementa-
tion of subsection (a) as the Administrator considers 
necessary. 
SEC. 112. DETERMINATION OF COMPLIANCE WITH NA-
TIONAL 
OCEANS 
POLICY 
AND 
NATIONAL 
STANDARDS. 
(a) REQUIREMENT.—Any determination of whether a 
covered action complies with section 111 shall be made 
in accordance with regulations issued under section 111. 
(b) GUIDANCE.—Within 12 months after the date of 
the enactment of this Act, the Administrator, in consulta-
tion with the Committee on Ocean Policy, shall issue de-
tailed guidance regarding the application of the national 
standards under section 111. The guidance shall ad-
dress— 
(1) assessing and monitoring the health of ma-
rine ecosystems; 
(2) how to apply the definition of ‘‘marine eco-
system health’’, including establishing marine eco-
system health criteria and indicators; 
(3) predicting the likely effects of proposed cov-
ered actions on the health of marine ecosystems, and 
determining whether those effects are significant; 
(4) conducting ecosystem-based management of 
United States ocean waters and ocean resources; 
and 
(5) the types of covered actions that are likely 
to have a significant effect on the health of marine 
ecosystems. 
(c) NATIONAL RESEARCH COUNCIL.—To assist the 
Administrator in issuing guidance under subsection (b), 
the Administrator may request the National Research 
Council to— 
(1) convene a panel with expertise on marine 
science and the management of ocean resources to 
develop recommendations; and
(2) update such recommendations every 5 
years. 
SEC. 113. IMPLEMENTATION. 
(a) COMPLIANCE REVIEW.—In conducting an envi-
ronmental review authorized under the National Environ-
mental Policy Act of 1969 of a proposed covered action, 
the head of each Federal agency shall, after consultation 
with the Administrator, include in the review an assess-
ment of the impact of the proposed covered action on the 
health of marine ecosystems. 
(b) WRITTEN OPINION.—The Administrator, after 
considering any findings of the Regional Administrator 
concerned, shall prepare a written opinion as to whether 
the proposed covered action is in compliance with the poli-
cies, and national standards. 
(c) CHANGES OR ALTERNATIVES.—If the Adminis-
trator’s written opinion states that a proposed covered ac-
tion is not in compliance with the policies, or national 
standards under this Act, the Administrator shall propose 
changes or alternatives to the proposed covered action that 
would make the covered action be in compliance with this 
Act. 
(d) ENSURING COMPLIANCE.—The head of each Fed-
eral agency and department shall ensure that all covered 
actions of such agency or department comply with the pol-
icy and national standards set forth in sections 101 and 
111. 
SEC. 114. STRICTER STANDARDS. 
Nothing in this Act shall be construed to limit the 
authority of a local or State government or the Federal 
Government to establish stricter standards, requirements, 
or restrictions within their respective jurisdictions, in 
order to provide greater protection of marine ecosystem 
health (including to be consistent with other applicable 
law), than the protection provided by the national stand-
ards under section 111 of this Act. In the case of a con-
flicting standard, requirement, or restriction, the stricter 
standard, requirement, or restriction shall be followed. 
SEC. 115. CITIZEN SUITS. 
(a) SUITS AUTHORIZED.—Any person may com-
mence a civil suit on the person’s own behalf— 
(1) to enjoin any person, including the United 
States or any other governmental instrumentality or 
agency (to the extent permitted by the eleventh 
amendment to the Constitution), that is alleged to 
be in violation of this Act or any regulation issued 
under this Act; or 
(2) against the Administrator for a failure of 
the Administrator to perform any act or duty under 
this Act that is not discretionary.
(b) JURISDICTION.—The district courts of the United 
States shall have jurisdiction, without regard to the 
amount in controversy or the citizenship of the parties, 
to enforce this Act or any such regulation or to order the 
Administrator to perform such act or duty, as the case 
may be. 
(c) VENUE.—Any suit under this section shall be 
brought in the Federal judicial district in which occurs 
the violation or failure, as applicable. 
(d) INTERVENTION BY UNITED STATES.—In any suit 
under this section in which the United States is not a 
party, the Attorney General, at the request of the Admin-
istrator, may intervene on behalf of the United States as 
a matter of right. 
(e) AWARD OF COSTS.—The court, in issuing any 
final order in any suit brought under this section, may 
award costs of litigation (including reasonable attorney 
and expert witness fees) to any party, whenever the court 
determines such award is appropriate. 
(f) PRESERVATION OF OTHER RIGHTS.—This section 
shall not restrict any right that any person or class of per-
sons may have under any statute or common law to seek 
enforcement of any standard or limitation or to seek any 
other relief, including relief against the Administrator or 
a State agency.
TITLE 
II—NATIONAL 
OCEANIC 
AND ATMOSPHERIC ADMINIS-
TRATION 
SEC. 201. EXISTENCE IN DEPARTMENT OF COMMERCE; MIS-
SION. 
(a) ESTABLISHMENT.—There shall be in the Depart-
ment of Commerce the National Oceanic and Atmospheric 
Administration. Reorganization Plan No. 4 of 1970 shall 
have no further force or effect. 
(b) MISSION.—The primary mission of the Adminis-
tration is to— 
(1) act as the nonmilitary Federal agency with 
responsibility for providing oversight of all United 
States ocean waters and ocean resources; 
(2) understand and predict changes in the 
Earth’s environment and conserve and manage 
ocean resources to meet our Nation’s economic, so-
cial, and environmental needs; 
(3) protect, maintain, and restore the health of 
marine ecosystems; and 
(4) promote the ecologically sustainable use and 
management of United States ocean waters and 
ocean resources. 
(c) DUTIES.—It is the duty of the Administration 
to—
(1) protect, maintain, and restore the health of 
marine ecosystems through ecosystem-based man-
agement in the United States; 
(2) assess climate variability and change to un-
derstand and predict climate system dynamics and 
the impacts of coupled atmosphere/oceans/land sys-
tems; 
(3) meet society’s diverse and expanding needs 
for weather-related information, and enhance pre-
paredness for responding to weather conditions; 
(4) support research that provides a com-
prehensive understanding of marine systems to meet 
the environmental, economic, and public safety needs 
of the United States; 
(5) use the best available technology to explore 
and map United States ocean waters, and work col-
laboratively with other countries to use the best 
available technology to explore and map their ocean 
waters, in order to better understand ocean dynam-
ics; 
(6) educate the United States about Earth’s dy-
namic biosphere and how humans impact it; 
(7) carry out all functions of entities trans-
ferred to the Administration, including by acting as
a focal point regarding oceans research and manage-
ment; 
(8) ensure that people of the United States 
have access to the full range of ecological, economic, 
educational, social, cultural, nutritional, recreational, 
and other benefits of healthy marine ecosystems; and 
(9) perform functions authorized to be carried 
out by the National Oceanic and Atmospheric Ad-
ministration immediately before the enactment of 
this Act. 
(d) OFFICES.—There shall be in the Administration 
the following offices: 
(1) The Office of Oceans Ecosystem Manage-
ment and Protection, which, subject to the other 
provisions of this Act, shall perform the functions 
performed immediately before the enactment of this 
Act by— 
(A) the National Ocean Service; and 
(B) the National Marine Fisheries Service. 
(2) The National Weather Service. 
(3) The Office of Oceans and Atmospheric Re-
search and Data Services, which, subject to the 
other provisions of this Act, shall perform the func-
tions performed immediately before the enactment of 
this Act by—