‘‘(1) The Governor, or the lead agency des-
ignated by the Governor for coordinating the imple-
mentation of this section, where appropriate in con-
sultation with the appropriate local government, 
shall determine that an application for a loan is con-
sistent with the State’s approved coastal zone plan, 
program, and policies prior to submission to the Sec-
retary. 
‘‘(2) In developing guidelines under this section, 
the Secretary shall consult with coastal States, other 
Federal agencies, and other interested stakeholders 
with expertise in working waterfront planning. 
‘‘(3) Coastal States may allocate amounts 
loaned under this section to local governments, In-
dian Tribes, agencies, or nongovernmental organiza-
tions eligible for loans under this section. 
‘‘(4) In awarding a loan for activities in a 
coastal State, the Secretary shall consider— 
‘‘(A) the economic and cultural significance 
of working waterfront to the coastal State; 
‘‘(B) the demonstrated working waterfront 
needs of the coastal State as outlined by a 
working waterfront plan approved for the coast-
al State under section 320(c), and the value of 
VerDate Sep 11 2014 
22:13 Aug 06, 2021
Jkt 019200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H4690.IH
H4690
pbinns on DSKJLVW7X2PROD with BILLS
the proposed loan for the implementation of 
such plan; 
‘‘(C) the ability to successfully leverage 
loan funds among participating entities, includ-
ing Federal programs, regional organizations, 
State and other government units, landowners, 
corporations, or private organizations; 
‘‘(D) the potential for rapid turnover in 
the ownership of working waterfront in the 
coastal State, and where applicable the need for 
coastal States to respond quickly when prop-
erties in existing or potential working water-
front areas or public access areas as identified 
in the working waterfront plan submitted by 
the coastal State come under threat or become 
available; 
‘‘(E) the impact of the loan on the coastal 
ecosystem and the users of the coastal eco-
system; and 
‘‘(F) the extent of the historic connection 
between working waterfronts for which the loan 
will be used and the local communities within 
the coastal State. 
‘‘(d) LOAN AMOUNT AND TERMS.— 
‘‘(1) The amount of a loan under this section— 
VerDate Sep 11 2014 
22:13 Aug 06, 2021
Jkt 019200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H4690.IH
H4690
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(A) shall be not less than $100,000; and 
‘‘(B) shall not exceed 15 percent of the 
amount in the Fund as of July 1 of the fiscal 
year in which the loan is made. 
‘‘(2) The interest rate for a loan under this sec-
tion shall not exceed 4 percent. 
‘‘(3) The repayment term for a loan under this 
section shall not exceed 20 years. 
‘‘(e) DEADLINE
FOR APPROVAL.—The Secretary 
shall approve or reject an application for a loan under this 
section within 60 days after receiving an application for 
the loan. 
‘‘(f) LIMIT ON ADMINISTRATIVE COSTS.—No more 
than 5 percent of the funds made available to the Sec-
retary under this section may be used by the Secretary 
for planning or administration of the program under this 
section. 
‘‘(g) DEFINITIONS.—The definitions in section 320(l) 
shall apply to this section. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 
is 
authorized 
to 
be 
appropriated 
to 
the 
Fund 
$15,000,000.’’. 
SEC. 204. SEAFOOD MARKETING. 
(a) OUTREACH PLAN.—The Secretary of Agriculture, 
in conjunction with the Administrator, shall develop an 
VerDate Sep 11 2014 
22:13 Aug 06, 2021
Jkt 019200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H4690.IH
H4690
pbinns on DSKJLVW7X2PROD with BILLS
outreach plan to expand Department of Agriculture out-
reach to fishing industry stakeholders to increase aware-
ness of and assist with the use of programs in the Agricul-
tural Marketing Service. 
(b) STUDY.—The Administrator shall, in consultation 
with the Secretary of Agriculture and members of the sea-
food industry, study the possibility of establishing edu-
cation and marketing programs within the National Oce-
anic and Atmospheric Administration. 
(c) REPORTS.—Not later than 2 years after the date 
of enactment of this Act— 
(1) the Secretary of Agriculture, in conjunction 
with the Administrator, shall submit a report to 
Congress on the outreach plan developed under sub-
section (a); and 
(2) the Administrator shall submit a report to 
Congress on the findings of the study conducted 
under subsection (b). 
SEC. 205. COMMUNITY PARTICIPATION IN LIMITED ACCESS 
PRIVILEGE PROGRAMS. 
Section 303A(c) (16 U.S.C. 1853a(c)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (C)(iii), by inserting 
‘‘, including the participation of fishing commu-
nities in the fishery’’ after ‘‘benefits’’; and 
VerDate Sep 11 2014 
22:13 Aug 06, 2021
Jkt 019200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H4690.IH
H4690
pbinns on DSKJLVW7X2PROD with BILLS
(B) by adding at the end the following: 
‘‘(L) consider the needs of fishing commu-
nities and provide a process for fishing commu-
nities to participate in the limited access privi-
lege program in accordance with subsection 
(c)(3).’’; and 
(2) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) FISHING COMMUNITIES.— 
‘‘(A) ELIGIBILITY.—To be eligible to par-
ticipate in a limited access privilege program to 
harvest fish, a fishing community shall— 
‘‘(i) be located within the management 
area of the relevant Council; 
‘‘(ii) consist of residents who conduct 
commercial or recreational fishing, proc-
essing, or fishery-dependent support busi-
nesses within the Council’s management 
area; and 
‘‘(iii) develop and submit a community 
sustainability plan to the Council and the 
Secretary that demonstrates how the plan 
will address the social and economic devel-
opment needs of coastal communities, in-
cluding those that have not historically had 
VerDate Sep 11 2014 
22:13 Aug 06, 2021
Jkt 019200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H4690.IH
H4690
pbinns on DSKJLVW7X2PROD with BILLS
the resources to participate in the fishery, 
for approval. 
‘‘(B) COMMUNITY
SUSTAINABILITY
PLAN 
APPROVAL.— 
‘‘(i) IN GENERAL.—A community sus-
tainability plan submitted by a fishing 
community to a Council for approval shall 
include the following components: 
‘‘(I) A description of the Board 
and governance for the entity that will 
receive the allocation. 
‘‘(II) A description of the quota 
allocation process that will be used by 
the fishing community entity, includ-
ing an appeals process within the enti-
ty. 
‘‘(III) Provisions for monitoring 
and enforcement of the community 
sustainability plan. 
‘‘(IV) Goals and objectives for 
the fishing community and how the 
entity will use the allocation to meet 
those goals and objectives. 
‘‘(V) A description of how the en-
tity will sustain the participation of 
VerDate Sep 11 2014 
22:13 Aug 06, 2021
Jkt 019200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H4690.IH
H4690
pbinns on DSKJLVW7X2PROD with BILLS
taining America’s Fisheries for the Future 
Act of 2021 shall not be invalidated by 
failure to comply with clause (i) unless 
such plan is amended after such date.’’. 
SEC. 206. FINDINGS. 
Section 2(a)(3) (16 U.S.C. 1802(a)(3)) is amended 
to read as follows: 
‘‘(3) Commercial and recreational fishing (in-
cluding charter fishing) constitutes a major source 
of employment and contributes significantly to the 
economy of the Nation. Many coastal areas are de-
pendent upon fishing and related activities, and their 
economies have been badly damaged by the over-
fishing of fishery resources; ensuring sustainable use 
of fishery resources is essential to the economic well- 
being of these areas.’’. 
TITLE 
III—STRENGTHENING 
PUBLIC 
PROCESS 
AND 
TRANSPARENCY 
SEC. 301. TRIBAL REPRESENTATION AT THE PACIFIC FISH-
ERY MANAGEMENT COUNCIL. 
(a) IN GENERAL.—Section 302(b)(5) (16 U.S.C. 
1852(b)(5)) is amended— 
(1) in subparagraph (A), by striking ‘‘of not 
less than 3 individuals’’; and 
VerDate Sep 11 2014 
22:13 Aug 06, 2021
Jkt 019200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H4690.IH
H4690
pbinns on DSKJLVW7X2PROD with BILLS
(2) by adding at the end the following: 
‘‘(E) TERM
OF
TRIBAL
REPRESENTA-
TIVE.—An individual appointed under subpara-
graph (A) shall serve on the Pacific Council 
until such time as a new appointment to the 
tribal seat is made under subparagraph (A).’’. 
(b) CONFORMING AMENDMENT.—Section 302(b)(3) 
is amended by striking ‘‘paragraphs (2) and (5)’’ and in-
serting ‘‘paragraph (2)’’. 
SEC. 302. TRIBAL REPRESENTATION AT THE NORTH PA-
CIFIC FISHERY MANAGEMENT COUNCIL. 
(a) IN GENERAL.—Section 302(a)(1)(G) (16 U.S.C. 
1852(a)(1)(G)) is amended— 
(1) by striking ‘‘11’’ and inserting ‘‘13’’; and 
(2) by inserting ‘‘and including 2 appointed 
from Indian tribes in Alaska selected in accordance 
with subsection (b)(7)’’ before the period at the end. 
(b) APPOINTMENT.—Section 302(b) (16 U.S.C. 
1852(b)) is amended by adding at the end the following: 
‘‘(7) TRIBAL REPRESENTATIVE ON NORTH PA-
CIFIC COUNCIL.— 
‘‘(A) APPOINTMENT.—The Secretary shall 
appoint to the North Pacific Council 2 rep-
resentatives of Indian tribes in Alaska from a 
list submitted by Tribal governments. The Sec-
VerDate Sep 11 2014 
22:13 Aug 06, 2021
Jkt 019200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H4690.IH
H4690
pbinns on DSKJLVW7X2PROD with BILLS
retary, in consultation with the Secretary of In-
terior and Tribal governments shall determine 
the procedure for submitting a list under this 
subparagraph. 
‘‘(B) 
REPRESENTATION.—Representation 
shall be rotated among affected tribal regions, 
taking into consideration— 
‘‘(i) the qualifications of the individ-
uals on the list described in subparagraph 
(A); 
‘‘(ii) the degree to which the Indian 
tribes in the region are dependent on anad-
romous fish and marine resources in the 
area managed by the Council and the im-
pact of Council actions on such resources; 
and 
‘‘(iii) the geographic area in which the 
tribe of the representative is located. 
‘‘(C) FILLING
OF
VACANCY.—A vacancy 
occurring prior to the expiration of any term 
shall be filled in the same manner as set out in 
subparagraphs (A) and (B), except that the 
Secretary may use the list from which the 
vacating representative was chosen. 
VerDate Sep 11 2014 
22:13 Aug 06, 2021
Jkt 019200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H4690.IH
H4690
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(D) DESIGNATION OF ALTERNATE.—The 
tribal representative appointed under subpara-
graph (A) may designate as an alternate an in-
dividual knowledgeable concerning tribal rights 
and fishing practices, Indigenous traditional 
knowledge, tribal law, and other marine re-
sources of the geographical area concerned. 
‘‘(E) TERM OF APPOINTMENT.—An indi-
vidual appointed under subparagraph (A) shall 
serve on the North Pacific Council until such 
time as new appointment to the tribal seat is 
made under subparagraph (A).’’. 
SEC. 303. ATLANTIC COUNCILS. 
Section 302(a) (16 U.S.C. 1852(a)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A)— 
(i) by striking ‘‘18’’ and inserting 
‘‘19’’; and 
(ii) by inserting before the period at 
the end ‘‘and a liaison who is a member of 
the Mid-Atlantic Fishery Management 
Council to represent the interests of fish-
eries under the jurisdiction of such Coun-
cil’’; and 
(B) in subparagraph (B)— 
VerDate Sep 11 2014 
22:13 Aug 06, 2021
Jkt 019200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H4690.IH
H4690
pbinns on DSKJLVW7X2PROD with BILLS
(i) by striking ‘‘21’’ and inserting 
‘‘22’’; and 
(ii) by inserting before the period at 
the end ‘‘and a liaison who is a member of 
the New England Fishery Management 
Council to represent the interests of fish-
eries under the jurisdiction of such Coun-
cil’’; and 
(2) by adding at the end the following: 
‘‘(4) REQUIREMENTS FOR LIAISON.—The Sec-
retary may only appoint an individual to be a liaison 
between 2 Councils under this subsection if such in-
dividual has expertise in a fishery that spans the 
geographical areas of both such Councils.’’. 
SEC. 304. COUNCIL PROCEDURES AND PARTICIPATION. 
(a) IN
GENERAL.—Section 302(e) (16 U.S.C. 
1852(e)) is amended— 
(1) in paragraph (5), by striking ‘‘At the re-
quest of any voting member of a Council, the Coun-
cil shall hold a roll call vote on any matter before 
the Council.’’ and inserting ‘‘Each Council shall hold 
a roll call vote on all nonprocedural matters before 
the Council. At the request of any voting member of 
a Council, the Council shall hold a roll call vote on 
any procedural matter before the Council.’’; and 
VerDate Sep 11 2014 
22:13 Aug 06, 2021
Jkt 019200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H4690.IH
H4690
pbinns on DSKJLVW7X2PROD with BILLS
(2) by adding at the end the following: 
‘‘(6) To the extent possible, each Council 
shall— 
‘‘(A) seek to hold meetings in person; and 
‘‘(B) ensure the availability of remote 
meeting participation and voting.’’. 
(b) COUNCIL
MEETINGS.—Section 302(i)(2) is 
amended by adding at the end the following: 
‘‘(G) Each Council shall make available on 
the website of the Council— 
‘‘(i) to the extent practicable, a 
webcast or a live audio or video broadcast 
of each meeting of the Council, and of the 
Council Coordination Committee estab-
lished under subsection (l), that is not 
closed in accordance with paragraph (3); 
and 
‘‘(ii) an audio or video recording (if 
the meeting was in person or by video con-
ference), or a searchable audio recording 
or written transcript, of each meeting of 
the Council and of the meetings of commit-
tees referred to in section 302(g)(1)(B) of 
the Council, by not later than 30 days 
after the conclusion of the meeting. 
VerDate Sep 11 2014 
22:13 Aug 06, 2021
Jkt 019200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H4690.IH
H4690
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(H) The Secretary shall maintain and 
make available to the public an archive of 
Council and scientific and statistical committee 
meeting audio and video recordings and tran-
scripts made available under clauses (i) and (ii) 
of subparagraph (G).’’. 
SEC. 305. COUNCIL ACCOUNTABILITY AND MEMBERSHIP. 
(a) ETHICS.—Section 302(f) (16 U.S.C. 1852(f)) is 
amended— 
(1) in paragraph (1), by inserting ‘‘Such em-
ployees, including executive directors, shall be 
deemed Federal employees with respect to any re-
quirement that applies to Federal employees.’’ after 
‘‘functions.’’; and 
(2) by adding at the end the following: 
‘‘(8) Council, committee, and advisory panel 
members shall be subject to all law, rules, and poli-
cies regarding ethics and sexual harassment and as-
sault that apply to Federal employees. Council, com-
mittee, and advisory panel members found to have 
violated such laws, rules, or policies shall be held in-
dividually liable for their actions. The Secretary may 
impose civil penalties for violations including suspen-
sion or expulsion from participation or membership 
VerDate Sep 11 2014 
22:13 Aug 06, 2021
Jkt 019200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H4690.IH
H4690
pbinns on DSKJLVW7X2PROD with BILLS
in a council, advisory body, or related entity or activ-
ity.’’. 
(b) DISCLOSURE
OF FINANCIAL INTEREST
AND 
RECUSAL.—Section 302(j) (16 U.S.C. 1852(j)) is amend-
ed— 
(1) by amending paragraph (1)(B) to read as 
follows: 
‘‘(B) the term ‘designated official’ means an at-
torney employed in the Office of the General Counsel 
of the National Oceanic and Atmospheric Adminis-
tration with an expertise in Federal conflict-of-inter-
est requirements who is designated by the Secretary, 
in consultation with the Council, to attend Council 
meetings and make determinations under paragraph 
(7)(B).’’; 
(2) in paragraph (2)(C), by inserting ‘‘con-
tractor,’’ after ‘‘partner,’’; and 
(3) in paragraph (5)(B), by striking ‘‘on the 
Internet’’ and inserting ‘‘on the website of the agen-
cy, on the website of the applicable Council,’’. 
(c) LOBBYING.—Section 302 is amended by adding 
at the end the following: 
‘‘(m) LOBBYING.— 
‘‘(1) PROHIBITION ON COUNCIL LOBBYING.— 
Regional Fishery Management Council members, 
VerDate Sep 11 2014 
22:13 Aug 06, 2021
Jkt 019200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H4690.IH
H4690
pbinns on DSKJLVW7X2PROD with BILLS
members of Council advisory bodies, and Council 
employees and contractors, are prohibited from 
using Federal funds to attempt to influence the in-
troduction, advancement, enactment, amendment, or 
repeal of Federal or State legislation, as well as the 
issuance, advancement, modification, or overturning 
of an executive order, Presidential proclamation, or 
similar Presidential directive or decree. Notwith-
standing the foregoing, such individuals may provide 
a technical and factual presentation directly related 
to the performance of a Council’s duties, through 
hearing testimony or written statements, if such 
presentation is in response to a documented request 
and is made available under paragraph (4). 
‘‘(2) ADJUDICATING VIOLATIONS.— 
‘‘(A) INITIATION
BY
SECRETARY.—The 
Secretary may initiate an investigation of a po-
tential violation of this subsection. 
‘‘(B) COMPLAINT.—The Secretary shall in-
vestigate a complaint submitted by any person 
or government entity regarding a potential vio-
lation of this subsection. 
‘‘(3) PENALTIES.—If the Secretary determines 
that an individual violated paragraph (1), such indi-
vidual shall be subject to civil penalties including 
VerDate Sep 11 2014 
22:13 Aug 06, 2021
Jkt 019200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H4690.IH
H4690
pbinns on DSKJLVW7X2PROD with BILLS
suspension or expulsion from participation in, mem-
bership of, or employment by a council, advisory 
body, or related entity or activity. 
‘‘(4) CONTENT OF COMMUNICATIONS.—Councils 
shall maintain and make publicly available Council 
websites— 
‘‘(A) copies of all documents and commu-
nication relevant to paragraph (1), including 
any relevant Council meeting minutes, briefing 
book materials, and correspondence, including 
with a office of general counsel of a regional of-
fice of the National Oceanic and Atmospheric 
Administration; 
‘‘(B) copies of all communication with 
Federal or State legislators, or any communica-
tion with executive branch officials on subjects 
other than routine fishery management in the 
region; and 
‘‘(C) documentation of verbal communica-
tion with Federal or State legislators or with 
Federal executive branch officials on subjects 
other than routine fishery management in the 
region. 
‘‘(5) TRAINING.—The Secretary shall provide 
training to individuals described in paragraph (1) on 
VerDate Sep 11 2014 
22:13 Aug 06, 2021
Jkt 019200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H4690.IH
H4690
pbinns on DSKJLVW7X2PROD with BILLS
compliance with rules issued under this subsection 
and general limits of Federal grant recipients on 
contacts with members and staff of the Executive 
and Legislative branches. 
‘‘(6) REPORT.—The Secretary shall submit an 
annual report to the Committee on Natural Re-
sources of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate that describes— 
‘‘(A) the funding provided to implement 
this subsection; 
‘‘(B) complaints received of and investiga-
tions into potential violations of this subsection; 
and 
‘‘(C) barriers associated with and pro-
posals to improve implementation of this sub-
section. 
‘‘(7) REGULATIONS.—Not later than 12 months 
after the date of enactment of the Sustaining Amer-
ica’s Fisheries for the Future Act of 2021, the Sec-
retary shall issue implementing regulations for this 
subsection.’’. 
(d) VOTING
MEMBERS.—Section 302(b)(2) (16 
U.S.C. 1852(b)(2)) is amended— 
VerDate Sep 11 2014 
22:13 Aug 06, 2021
Jkt 019200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H4690.IH
H4690
pbinns on DSKJLVW7X2PROD with BILLS