icy, oversee ocean and coastal policy or resource 
management, or engage in activities that signifi-
cantly affect ocean waters, coastal waters, or ocean 
resources. The head of each Federal agency or de-
partment designated by the Committee on Ocean 
Policy shall select and appoint officers or employees 
of their agency or department to serve as their rep-
resentatives to each Partnership. The Administrator, 
or his or her designated representative, shall serve 
as the chairperson of each Partnership. 
(2) STATE REPRESENTATIVES.— 
(A) COASTAL STATE REPRESENTATIVES.— 
The Governor of each coastal State within each 
ocean region designated under section 301(c) 
shall— 
(i) within 9 months after the date of 
enactment of this Act, inform the Adminis-
trator whether or not the State intends to 
participate in the Partnership for the 
ocean region; and 
(ii) if the State intends to participate 
in such Partnership, within 1 year of en-
actment of this Act, appoint an officer or 
employee of the coastal State agency with 
primary responsibility for overseeing ocean 
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and coastal policy or resource management 
to that Partnership. 
(B) 
NONCOASTAL
STATE
APPOINT-
MENTS.— 
(i) IN
GENERAL.—Within 9 months 
after the date of enactment of this Act, the 
Governor of each noncoastal State within 
each ocean region designated under section 
301(c) shall notify the Administrator 
whether or not the State seeks to partici-
pate in the Partnership for the ocean re-
gion. The Partnership for that region shall 
appoint to the Partnership one or more 
representatives of noncoastal States that 
notify the Administrator, subject to clause 
(ii). 
(ii) APPOINTMENTS FOR MORE THAN 
ONE NONCOASTAL STATE.—If more than 
one noncoastal State notifies the Adminis-
trator under clause (i) with respect to a 
Partnership— 
(I) the Partnership shall estab-
lish a process for nominating and ap-
pointing representatives under this 
subparagraph; 
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(II) the total number of rep-
resentatives appointed under this sub-
paragraph for the Partnership may 
not exceed the number of coastal 
State representatives on the Partner-
ship; and 
(III) in appointing representa-
tives to the Partnership, the Partner-
ship shall consider the relative impact 
on the ocean region for which the 
Partnership must prepare a Regional 
Ocean Strategic Plan of the waters 
under each such noncoastal State’s ju-
risdiction that feed into the ocean re-
gion. 
(C) NORTH
PACIFIC
REGIONAL
OCEAN 
PARTNERSHIP.—The Governor of the State of 
Washington— 
(i) within 9 months after the date of 
enactment of this Act, shall notify the Ad-
ministrator whether or not the State in-
tends to participate in the North Pacific 
Regional Ocean Partnership; and 
(ii) if such State intends to partici-
pate in such Partnership, within 1 year 
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after the date of enactment of this Act 
shall appoint to such Partnership an offi-
cer or employee of the Washington State 
agency with primary responsibility for 
overseeing ocean and coastal policy or re-
source management. 
(3) REGIONAL FISHERY MANAGEMENT COUNCIL 
REPRESENTATION.—The executive director of each 
Regional Fishery Management Council with jurisdic-
tion in the ocean region of a Partnership and the ex-
ecutive director of the interstate marine fisheries 
commission with jurisdiction in the ocean region of 
a Partnership shall each serve as a member of the 
Partnership, and shall be considered non-Federal 
representatives for the purposes of paragraph 
(5)(A). 
(4) LOCAL GOVERNMENT REPRESENTATIVE.— 
Each Partnership shall receive nominations and se-
lect one representative from a coastal political sub-
division to represent the interests of local and coun-
ty governments on the Partnership. 
(5) ADDITIONAL APPOINTMENTS.— 
(A) BALANCE.—Each Partnership shall— 
(i) identify the total number of addi-
tional non-Federal representatives within 
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the ocean region of the Partnership nec-
essary to ensure that the combined number 
of non-Federal representatives on the Part-
nership equals the number of Federal rep-
resentatives on the Partnership; and 
(ii) identify a process for selecting 
such non-Federal representatives that, to 
the maximum extent practicable, assures 
balanced and broad non-Federal represen-
tation. 
(B) INTERNATIONAL REPRESENTATIVES.— 
In cooperation with the Secretary of State, each 
Partnership may foster nonbinding relation-
ships with foreign governments, agencies, 
States, provinces, and other entities as appro-
priate, at scales appropriate to the ocean region 
under the authority of the Partnership, includ-
ing by providing opportunities for participation 
by foreign representatives at meetings of the 
Partnership, its advisory committees, and other 
working groups. 
(d) STEERING COMMITTEE.— 
(1) IN GENERAL.—Each Partnership may es-
tablish a Steering Committee to provide leadership 
with respect to the development and implementation 
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of the Regional Ocean Strategic Plan under section 
303 and to ensure that the goals set forth in such 
Regional Ocean Strategic Plan are being met within 
the timelines established by that section. 
(2) MEMBERSHIP.—The Steering Committee 
shall include— 
(A) one representative from each coastal 
State that appoints a representative to the 
Partnership; and 
(B) one representative from each of three 
Federal agencies designated by the Committee 
on Ocean Policy. 
(e) ADVISORY COMMITTEES.— 
(1) AUTHORITY.—Each Partnership may estab-
lish and appoint members of advisory committees 
and working groups as necessary for preparation 
and implementation of its Regional Ocean Strategic 
Plan under this title. 
(2) ADVICE
AND
INPUT.—Each Partnership 
shall provide opportunities for citizen and stake-
holder input in the development and implementation 
of its Regional Ocean Strategic Plan. 
(f) COORDINATION.— 
(1) EXISTING
PROGRAMS.—Each Partnership 
shall build upon and complement current State, 
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multistate, and regional capacity and governance 
and institutional mechanisms to manage and protect 
ocean waters, coastal waters, and ocean resources. 
(2) INLAND REGIONS.—Each Partnership shall 
collaborate and coordinate as necessary and appro-
priate with noncoastal States that may significantly 
impact marine ecosystem health in the ocean region 
or the Partnership. 
(g) PROCEDURES.— 
(1) IN GENERAL.—Each Partnership shall oper-
ate in accordance with procedures established by the 
Partnership and approved by the Administrator. 
(2) REQUIRED
PROCEDURES.—The Adminis-
trator shall prescribe requirements for approval of 
procedures under paragraph (1) that at minimum 
provide for— 
(A) transparency in decisionmaking; 
(B) opportunities for public input and par-
ticipation; and 
(C) the use of advisory committees that 
may be established under subsection (e). 
(h) STAFF.— 
(1) HIRING
AUTHORITY.—Each Partnership 
may hire such staff as is necessary to perform the 
functions of the Partnership. 
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(2) TREATMENT.—Staff hired by a Partnership 
shall be treated as employees of the Administration, 
except for any staff that are hired by participating 
States. 
(i) FEDERAL ADVISORY COMMITTEE ACT.— 
(1) IN GENERAL.—The Federal Advisory Com-
mittee Act (5 U.S.C. App.) shall not apply to Part-
nerships, steering committees, or any advisory com-
mittee established under this title. 
(2) COMPLIANCE.—Notwithstanding paragraph 
(1), each Partnership and each advisory committee 
of a Partnership shall be appointed and operate in 
a manner consistent with all provisions of the Fed-
eral Advisory Committee Act with respect to— 
(A) the balance of their membership; 
(B) provision of public notice regarding 
their activities; 
(C) open meetings; and 
(D) public access to documents created by 
the Partnerships or advisory committees of the 
Partnerships. 
SEC. 303. REGIONAL OCEAN STRATEGIC PLANS. 
(a) INITIAL OCEAN REGION ASSESSMENT.— 
(1) IN GENERAL.—The Administrator, in con-
sultation with the Regional Ocean Partnership for 
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an ocean region and other experts, shall, within 1 
year after establishment or designation of such Part-
nership, prepare an initial ocean region assessment 
of the ocean region in order to guide the develop-
ment of the Regional Ocean Strategic Plan prepared 
for such ocean region under subsection (b). 
(2) CONTENTS.—Each initial assessment shall 
include a summary of— 
(A) the ocean region’s marine ecosystem 
health, culture, and economy; 
(B) existing, emerging, and cumulative 
threats to marine ecosystem health of the ocean 
region; 
(C) indicators that measure marine eco-
system health of the ocean region; and 
(D) important ecological areas within the 
ocean region. 
(3) PUBLIC
PARTICIPATION.—The Adminis-
trator, in consultation with the Regional Ocean 
Partnership, shall provide opportunities for public 
input in the development of the assessment and up-
dates of the assessment under subsection (c). Such 
opportunities shall include opportunities for sharing 
of the latest science and local knowledge regarding 
the ocean region’s ocean waters, coastal waters, and 
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ocean resources using annual public ecosystem fo-
rums. 
(b) REGIONAL OCEAN STRATEGIC PLAN.— 
(1) REQUIREMENT.—Each Regional Ocean 
Partnership shall, within 2 years after the comple-
tion of the initial ocean region assessment, prepare 
and submit to the Administrator for review, con-
sultation, and approval a Regional Ocean Strategic 
Plan for adaptive, ecosystem-based management of 
United States ocean waters, coastal waters, and 
ocean resources for the ocean region of the Partner-
ship consistent with the National Ocean Policy. 
(2) CONTENTS.—Each Plan prepared by a Re-
gional Ocean Partnership shall— 
(A) be based on the ocean region assess-
ment required under subsection (a) and (c); 
(B) describe short-term and long-term 
goals for improving marine ecosystem health in 
the ocean region covered by the Plan; 
(C) 
recommend 
long-term 
monitoring 
measures for important ecological areas within 
the ocean region covered by the Plan; 
(D) identify State and Federal priority 
issues within the ocean region covered by the 
Plan; 
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(E) describe ecosystem-based management 
solutions and policies to address the priority 
issues; 
(F) describe short-term and long-term in-
dicators for measuring improvements in eco-
nomic sustainability in the ocean region that re-
sult from improved ecological conditions and 
improved 
collaboration 
and 
coordination 
amongst Federal and State agencies; 
(G) identify research, information, and 
data needed to carry out the Plan; 
(H) identify performance measures and 
benchmarks for purposes of subparagraphs (B), 
(C), and (E) to be used to evaluate the Plan’s 
effectiveness; and 
(I) define responsibilities and include an 
analysis of the gaps in authority, coordination, 
and resources, including funding, that must be 
filled in order to fully achieve those perform-
ance measures and benchmarks. 
(3) PUBLIC
PARTICIPATION.—Each Regional 
Ocean Partnership shall provide adequate opportuni-
ties for public input during the development of the 
Plan and any Plan revisions. 
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(c) UPDATED OCEAN REGION ASSESSMENTS.—The 
Administrator, in consultation with the appropriate Re-
gional Ocean Partnership and other experts, shall, within 
4 years after approval of the Plan and at least once every 
6 years thereafter, update the initial ocean region assess-
ment prepared under subsection (a) to provide more de-
tailed information regarding the required elements of the 
assessment and to include any new information that has 
become available. 
(d) PLAN
REVISION.—Each approved Regional 
Ocean Strategic Plan shall be reviewed and revised by the 
relevant Regional Ocean Partnership at least once every 
6 years. Such review and revision shall be based on a re-
cently updated ocean region assessment. Any proposed re-
visions to the Plan shall be transmitted to the Adminis-
trator for review and approval pursuant to this section. 
(e) ACTION BY THE ADMINISTRATOR.— 
(1) REVIEW OF PLANS.— 
(A) COMMENCEMENT OF REVIEW.—Within 
10 days after transmittal of a Regional Ocean 
Strategic Plan, or any revision to such a Plan, 
by a Regional Ocean Partnership, the Adminis-
trator shall commence a review of the Plan or 
the revised Plan, respectively. 
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(B) PUBLIC NOTICE AND COMMENT.—Im-
mediately after receipt of such a Plan or revi-
sion, the Administrator shall publish the plan 
or revision in the Federal Register and provide 
an opportunity for the submission of public 
comment for a 60-day period beginning on the 
date of such publication. 
(C) REQUIREMENTS FOR APPROVAL.—Be-
fore approving a plan, or any revision to a plan, 
the administrator must find that the plan or re-
vision— 
(i) is consistent with the National 
Ocean Policy; and 
(ii) adequately addresses the required 
elements under subsection (b) of this sec-
tion. 
(D) DEADLINE FOR REVIEW.—Within 120 
days after transmittal of a Plan, or a revision 
to a Plan, the Administrator shall approve or 
disapprove the Plan or revision by written no-
tice. 
(2) REGIONAL
INFORMATION
SYSTEMS.—The 
Administrator shall, within 1 year after the date of 
the enactment of this Act and in collaboration with 
marine laboratories and academic and other relevant 
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institutions, establish a network of regional ocean 
ecosystem resource information systems for each 
ocean region— 
(A) to provide access to geophysical, at-
mospheric, oceanographic, and marine biological 
data, including genetic research, studies, data, 
maps, and analyses necessary to the under-
standing of the ocean ecosystem; 
(B) from which to draw information for 
the establishment of policies and priorities re-
lated to the conservation, use, and management 
of ocean waters, coastal waters, and ocean re-
sources; and 
(C) to provide information of the develop-
ment and implementation of Plans. 
(f) IMPLEMENTATION.—Members of a Regional 
Ocean Partnership shall, to the maximum extent prac-
ticable, implement a Regional Ocean Strategic Plan that 
is prepared by the Partnership and approved by the Ad-
ministrator under this section, consistent with existing 
legal authorities. 
SEC. 304. REGULATIONS. 
The Administrator shall issue such regulations as the 
Administrator considers necessary to ensure proper ad-
ministration of this title. 
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SEC. 305. OTHER AUTHORITY. 
This title shall not be construed as superseding or 
diminishing the authorities and responsibilities, under any 
other provision of law, of the Administrator or any other 
Federal, State, or tribal officer, employee, department, or 
agency. 
TITLE IV—AUTHORIZATION OF 
APPROPRIATIONS 
AND 
ES-
TABLISHMENT 
OF 
TRUST 
FUND 
SEC. 401. ESTABLISHMENT OF FUND. 
(a) ESTABLISHMENT
OF FUND.—There is estab-
lished in the Treasury of the United States a fund which 
shall be known as the ‘‘Ocean and Great Lakes Conserva-
tion Trust Fund’’. For each fiscal year after the date of 
enactment of this Act, the Secretary of the Treasury shall 
deposit into the Fund the following amounts: 
(1) HEALTHY
OCEAN
STAMP.—Amounts re-
ceived by the United States from the sale of a 
Healthy Ocean Stamp under section 407. 
(2) AMOUNTS
NOT
DISBURSED.—All appro-
priated but un-disbursed amounts deposited under 
section 402(c) each fiscal year. 
(3) INTEREST.—All interest earned under sub-
section (b). 
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(b) INTEREST.—The Secretary of the Treasury shall 
invest monies in the Fund (including interest) in public 
debt securities with maturities suitable to the needs of the 
Fund, as determined by the Secretary of the Treasury, 
and bearing interest at rates determined by the Secretary 
of the Treasury, taking into consideration current market 
yields on outstanding marketable obligations of the United 
States of comparable maturity. Such invested monies shall 
remain invested until needed to meet requirements for dis-
bursement for the programs financed under this Act. 
(c) USE OF FUND.—The Administrator may, subject 
to appropriation, use funds available in the Ocean and 
Great Lakes Conservation Fund to supplement appropria-
tions made under section 406(a). 
SEC. 402. PAYMENTS TO STATES. 
(a) IN GENERAL.—The Administrator shall make 
payments to those coastal States that are eligible for fund-
ing under section 403, subject to the availability of appro-
priations under section 406. The total of the amount paid 
each fiscal year to coastal States in any ocean region shall 
not exceed the amount allocated for the ocean region for 
that fiscal year under section 405. 
(b) REPORT REQUIREMENT.—No payment shall be 
made to any State under this section until the State has— 
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(1) agreed to provide such reports to the Ad-
ministrator, in such form and containing such infor-
mation, as may be reasonably necessary to enable 
the Administrator to perform the duties of the Ad-
ministrator under this title; and 
(2) adopted such fiscal control and fund ac-
counting procedures as may be necessary to assure 
proper disbursement and accounting for Federal rev-
enues paid to the State under this title. 
(c) UNEXPENDED FUNDS.—At the end of each fiscal 
year, the Administrator shall deposit in the Fund estab-
lished in section 401 any amount appropriated under sec-
tion 406 but not disbursed to a State under this section. 
SEC. 403. ELIGIBILITY FOR FUNDING. 
(a) ELIGIBILITY OF STATE.—A State shall not be eli-
gible for funding for purposes of section 402 unless the 
Administrator, in consultation with the Partnership, de-
termines that the State is participating actively and suffi-
ciently in the development and implementation of the rel-
evant Regional Ocean Strategic Plan under section 303. 
(b) ELIGIBLE PURPOSES.—States that receive funds 
under this title may only use such funds for purposes of 
fulfilling the State’s obligations and responsibilities for 
(1) implementation of a Regional Ocean Stra-
tegic Plan approved under section 303 in accordance 
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with a spending plan approved under section 
404(c)(1); 
(2) development of the Regional Ocean Stra-
tegic Plan under section 303(b) until such Plan is 
complete, in accordance with a budget approved 
under section 404(c)(2); 
(3) providing assistance to the Administrator in 
conducting the initial ocean region assessment under 
section 303(a) until such assessment is complete in 
accordance with a budget approved under section 
404(c)(2); and 
(4) implementation of other regional efforts 
that also implement the National Ocean Policy dur-
ing the 3-year period beginning on the date of the 
designation or establishment of the relevant Re-
gional Ocean Partnership under section 302 in ac-
cordance with the applications approved under sec-
tion 404(c)(3). 
SEC. 404. FUNDING PROCEDURES. 
(a) REQUIREMENTS.—Each State seeking funding 
under this title shall submit to the Administrator an appli-
cation for such funds. 
(b) APPROVAL.—The Administrator shall approve an 
application submitted by a State under subsection (a) if, 
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in consultation with the Regional Ocean Partnership, the 
Administrator— 
(1) certifies that the State is eligible for fund-
ing under section 403(a); 
(2) finds that the activities proposed in the ap-
plication are part of an approved spending plan sub-
mitted by the relevant Regional Ocean Partnership 
under subsection (c); and 
(3) ensures that previous payments under this 
title made to the State and coastal political subdivi-
sions in the State were used in accordance with sec-
tion 403(b). 
(c) SPENDING PLANS, BUDGETS, AND OTHER RE-
GIONAL EFFORTS.— 
(1) SPENDING PLAN FOR IMPLEMENTING RE-
GIONAL OCEAN STRATEGIC PLANS.—Each Regional 
Ocean Partnership that has participating States that 
are seeking funding under section 403(b)(1) shall 
submit to the Administrator a spending plan for 
such States for each fiscal year. The total funds re-
quested in the spending plan shall not exceed the 
amount allocated to the Region by the Administrator 
under section 405 for that fiscal year. In addition to 
such other requirements as the Administrator by 
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regulation shall prescribe, each spending plan shall 
include— 
(A) a list of the States participating in the 
Regional Ocean Partnership; 
(B) the name of the State agency for each 
State listed in subparagraph (A) that will have 
the authority to represent and act for the State 
in dealing with the Administrator for purposes 
of this title; 
(C) a description of how funds provided 
under this title will be used by each partici-
pating State to implement the Regional Ocean 
Strategic Plan; and 
(D) certification by the governor of each 
participating State that all the funds provided 
under this title to the State and coastal political 
subdivisions of that State will be used in a 
manner consistent with section 403(b)(1) and 
the National Ocean Policy. 
(2) BUDGETS
FOR
DEVELOPING
REGIONAL 
OCEAN STRATEGIC PLANS AND ASSISTING WITH INI-
TIAL
REGIONAL
OCEAN
ASSESSMENTS.—Each Re-
gional Ocean Partnership with participating States 
that are seeking funding under section 403(b)(2) or 
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section 403(b)(3) shall submit an annual budget for 
approval by the Administrator identifying— 
(A) a list of the States participating in the 
Regional Ocean Partnership; 
(B) the name of the State agency for each 
State listed in subparagraph (A) that will have 
the authority to represent and act for the State 
in dealing with the Administrator for purposes 
of this title; and 
(C) the costs under section 303(a) or sec-
tion 303(b) that require financial support from 
the Administrator. 
(3) OTHER REGIONAL EFFORTS.—Each coastal 
State seeking funding for other regional efforts 
under section 403(b)(4) shall submit an application 
for approval by the Administrator that includes the 
following: 
(A) The name of the State agency that will 
have the authority to represent and act for the 
State in dealing with the Administrator for pur-
poses of this subsection. 
(B) A description of how funds provided 
pursuant to this subsection will be used for ac-
tivities that further the implementation of the 
National Ocean Policy. 
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(C) Certification by the Governor of the 
State that all the funds provided pursuant to 
this subsection to the State will be used in a 
manner consistent with the National Ocean pol-
icy. 
(4) LIMITATION ON OTHER USES.—Not more 
than 50 percent of amounts paid to a State from 
amounts appropriated under section 406(a)(1)(A) 
may be used by the State to implement other re-
gional ocean governance efforts that further the im-
plementation of the National Ocean Policy as de-
scribed in the application under paragraph (3). 
(d) PROCEDURE AND TIMING; REVISIONS.—The Ad-
ministrator shall approve or disapprove in accordance with 
this subsection each spending plan submitted under sub-
section (c)(1). If a Regional Ocean Partnership first sub-
mits a plan by not later than 90 days before the beginning 
of the first fiscal year to which the plan applies, the Ad-
ministrator shall approve or disapprove the plan by not 
later than 30 days before the beginning of that fiscal year. 
(e) SPENDING PLAN AMENDMENT OR REVISION.— 
Any amendment to or revision of the spending plan shall 
be prepared in accordance with the requirements of this 
section and shall be submitted to the Administrator for 
approval or disapproval. Any such amendment or revision 
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shall take effect only for fiscal years after the fiscal year 
in which the amendment or revision is approved by the 
Administrator. 
(f) PUBLIC COMMENT.—Before approving or dis-
approving a spending plan, or an amendment or revision 
to such a plan, the Administrator shall provide for public 
comment on the proposed expenditures in the spending 
plan for the forthcoming year. 
(g) TIME OF PAYMENT.—Payments to States under 
this title shall be made not later than December 31 of 
each year from appropriations made during the imme-
diately preceding fiscal year. 
SEC. 405. EQUITABLE ALLOCATION. 
(a) MAXIMUM AMOUNT AVAILABLE TO EACH OCEAN 
REGION.—Of the amounts appropriated under section 
406, the Administrator shall determine and allocate to 
each ocean region the maximum amount of funds that the 
Administrator may grant under this title for use in that 
region, based on the following weighted formula: 
(1) 35 percent of such amount shall be deter-
mined based on the ratio of the shoreline miles (as 
that term is used in the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1451 et seq.)) of the ocean 
region to the shoreline miles of all ocean regions. 
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(2) 65 percent of such amount shall be deter-
mined based on the ratio of the coastal population 
density of the ocean region to the coastal population 
density of all ocean regions. 
(b) PAYMENTS TO POLITICAL SUBDIVISIONS.—The 
governor of a State that receives funds under this title 
shall use such funds only— 
(1) for the purposes under section 403(b) that 
the State applied for and received the funds; or 
(2) for awards to coastal political subdivisions 
of the State, on a competitive basis, for such pur-
poses. 
SEC. 406. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated the following 
amounts: 
(1) To the Administrator for making payments 
to coastal States under this title— 
(A) $40,000,000 for each of fiscal years 
2011, 2012, and 2013 for developing a Re-
gional Ocean Strategic Plan under section 
403(b)(2), for assisting the Administrator in 
conducting an initial ocean region assessment 
under section 403(b)(3), and for implementing 
other regional efforts under section 403(b)(4); 
and 
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States Postal Service shall provide for a special postage 
stamp in accordance with this section. 
(b) TERMS AND CONDITIONS.—The issuance and sale 
of the stamp referred to in subsection (a) shall be gov-
erned by section 416 of title 39, United States Code, and 
regulations under such section, subject to the following: 
(1) TRANSFERS.—All amounts becoming avail-
able from the sale of such stamp shall be transferred 
to the Ocean and Great Lakes Conservation Trust 
Fund (as established by section 401) through pay-
ments which shall be made, at least twice a year, in 
the manner required by subsection (d)(1) of section 
416 of such title 39. 
(2) NUMERICAL LIMITATION.—For purposes of 
applying any numerical limitation referred to in sub-
section (e)(1)(C) of section 416 of such title 39, 
such stamp shall not be taken into account. 
(3) DURATION.—Such stamp shall be made 
available to the public over such period of time as 
the Postal Service may determine, except that such 
period— 
(A) shall commence not later than 12 
months after the date of the enactment of this 
Act; and 
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(B) shall terminate not later than the close 
of the period referred to in section 416(g) of 
title 39, United States Code. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be considered to permit or require that any de-
termination of the amounts becoming available from the 
sale of the stamp referred to in subsection (a) be made 
in a manner inconsistent with the requirements of section 
416(d) of title 39, United States Code. 
SEC. 408. LIMITATION ON USE OF AVAILABLE AMOUNTS 
FOR ADMINISTRATION. 
Of the amounts made available under this title (in-
cluding the amendments made by this title) for a par-
ticular activity, not more than 2 percent may be used for 
administrative expenses of that activity. 
SEC. 409. RECORDKEEPING REQUIREMENTS. 
The Administrator, in consultation with the Com-
mittee on Ocean Policy, shall establish such rules regard-
ing recordkeeping by State and local governments and the 
auditing of expenditures made by State and local govern-
ments from funds made available under this Act as may 
be necessary. Such rules shall be in addition to other re-
quirements established regarding recordkeeping and the 
auditing of such expenditures under other authority of 
law. 
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SEC. 410. MAINTENANCE OF EFFORT AND MATCHING FUND-
ING. 
(a) IN GENERAL.—It is the intent of the Congress 
in this Act that States not use this Act as an opportunity 
to reduce State or local resources for the programs funded 
by this Act. Except as provided in subsection (b), no State 
or local government shall receive any funds under this Act 
during any fiscal year in which its expenditures of non- 
Federal funds for recurrent expenditures for programs for 
which funding is provided under this Act will be less than 
its expenditures were for such programs during the pre-
ceding fiscal year. No State or local government shall re-
ceive funding under this Act with respect to a program 
unless the Administrator is satisfied that such a grant will 
be so used to supplement and, to the extent practicable, 
increase the level of State, local, or other non-Federal 
funds available for such program. 
(b) EXCEPTION.—The Administrator may provide 
funding under this Act to a State or local government not 
meeting the requirements of subsection (a) if the Adminis-
trator determines that a reduction in expenditures— 
(1) is attributable to a nonselective reduction in 
expenditures for the programs of all executive 
branch agencies of the State or local government; or 
(2) is a result of reductions in State or local 
revenue as a result of a downturn in the economy. 
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(c) USE OF FUNDS TO MEET MATCHING REQUIRE-
MENTS.—All funds received by a State or local govern-
ment under this Act shall be treated as Federal funds for 
purposes of compliance with any provision in effect under 
any other law requiring that non-Federal funds be used 
to provide a portion of the funding for any program or 
project. 
Æ 
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