I 
111TH CONGRESS 
1ST SESSION 
H. R. 21 
To establish a national policy for our oceans, to strengthen the National 
Oceanic and Atmospheric Administration, to establish a national and 
regional ocean governance structure, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 6, 2009 
Mr. FARR introduced the following bill; which was referred to the Committee 
on Natural Resources, and in addition to the Committee on Science and 
Technology, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To establish a national policy for our oceans, to strengthen 
the National Oceanic and Atmospheric Administration, 
to establish a national and regional ocean governance 
structure, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ocean Conservation, 
Education, and National Strategy for the 21st Century 
Act’’. 
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SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Purpose. 
Sec. 4. Definitions. 
TITLE I—NATIONAL OCEAN GOVERNANCE 
Sec. 101. National Ocean Policy and principles. 
Sec. 102. National Ocean Advisor. 
Sec. 103. Committee on Ocean Policy. 
Sec. 104. Coordination plan. 
Sec. 105. Council of Advisors on Ocean Policy. 
TITLE II—NATIONAL OCEANIC AND ATMOSPHERIC 
ADMINISTRATION ORGANIC ACT 
Sec. 201. National Oceanic and Atmospheric Administration. 
Sec. 202. Functions. 
Sec. 203. Administration leadership. 
Sec. 204. National Weather Service. 
Sec. 205. Science Advisory Board. 
Sec. 206. Restructuring plan. 
Sec. 207. Reprogramming requests. 
Sec. 208. Savings provisions. 
Sec. 209. Report. 
Sec. 210. Function defined. 
TITLE III—REGIONAL COORDINATION AND PLANNING 
Sec. 301. Regional ocean coordination. 
Sec. 302. Regional Ocean Partnerships. 
Sec. 303. Regional Ocean Strategic Plans. 
Sec. 304. Regulations. 
Sec. 305. Other authority. 
TITLE IV—AUTHORIZATION OF APPROPRIATIONS AND 
ESTABLISHMENT OF TRUST FUND 
Sec. 401. Establishment of fund. 
Sec. 402. Payments to States. 
Sec. 403. Eligibility for funding. 
Sec. 404. Funding procedures. 
Sec. 405. Equitable allocation. 
Sec. 406. Authorization of appropriations. 
Sec. 407. Healthy Ocean Stamp. 
Sec. 408. Limitation on use of available amounts for administration. 
Sec. 409. Recordkeeping requirements. 
Sec. 410. Maintenance of effort and matching funding. 
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SEC. 3. PURPOSE. 
The purpose of this Act is to secure, for present and 
future generations of people of the United States, the full 
range of ecological, economic, educational, social, cultural, 
nutritional, and recreational benefits of healthy marine 
ecosystems, by— 
(1) establishing and implementing a National 
Ocean Policy; 
(2) promoting ecologically sustainable ocean re-
source use and management by strengthening and 
empowering ocean governance on regional and Fed-
eral levels; 
(3) promoting ecosystem-based approaches to 
management of United States ocean waters, coastal 
waters, and ocean resources; and 
(4) establishing an ocean and Great Lakes con-
servation trust fund to support the purposes and 
policies of this Act. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) 
ADMINISTRATION.—The 
term 
‘‘Administration’’means the National Oceanic and 
Atmospheric Administration provided for in section 
201. 
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(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the National 
Oceanic and Atmospheric Administration. 
(3) ADVISOR.—The term ‘‘Advisor’’means the 
National Ocean Advisor appointed under section 
102. 
(4) COASTAL
POLITICAL
SUBDIVISION.—The 
term ‘‘coastal political subdivision’’ means a political 
subdivision of a coastal State all or part of which 
political subdivision is within the coastal zone (as de-
fined in section 304 of the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1453)). 
(5) COASTAL POPULATION DENSITY.—The term 
‘‘coastal population density’’ means the population 
as determined by the most recent census data in the 
State’s coastal zone as determined pursuant to the 
Coastal Zone Management Act of 1972 (16 U.S.C. 
1451 et seq.). 
(6) 
COASTAL
STATE.—The 
term 
‘‘coastal 
State’’— 
(A) subject to subparagraph (B), means a 
State of the United States in, or bordering on, 
the Atlantic, Pacific, or Arctic Ocean, the Gulf 
of Mexico, Long Island Sound, or one or more 
of the Great Lakes; and 
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(B) includes Puerto Rico, the Virgin Is-
lands, Guam, the Commonwealth of the North-
ern Mariana Islands, and American Samoa. 
(7) COASTAL WATERS.—The term ‘‘coastal wa-
ters’’ means the waters within the coastal zone as 
defined in section 304 of the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1453), which includes 
such waters as bays and estuaries. 
(8) 
ECOSYSTEM-BASED
MANAGEMENT.—The 
term ‘‘ecosystem-based management’’ means an inte-
grated approach to management that— 
(A) considers the entire ecosystem, includ-
ing humans, and accounts for interactions 
among the ecosystem, the range of activities af-
fecting the ecosystem, and the management of 
such activities; 
(B) aims to maintain ecosystems in a 
healthy, productive, sustainable, and resilient 
condition so that they can provide the services 
humans want and need; 
(C) emphasizes the protection of ecosystem 
structure, function, patterns, and important 
processes; 
(D) considers the impacts, including cumu-
lative impacts, of the range of activities affect-
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ing an ecosystem that fall within geographical 
boundaries of the ecosystem; 
(E) explicitly accounts for the inter-
connectedness within an ecosystem, such as 
food webs, and acknowledges the interconnect-
edness among systems, such as between air, 
land, and sea; and 
(F) integrates ecological, social, economic, 
and institutional perspectives, recognizing their 
strong interdependences. 
(9) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ means any department, agency, or instru-
mentality of the United States. 
(10) IMPORTANT ECOLOGICAL AREA.—The term 
‘‘important ecological area’’ means an area that con-
tributes significantly to local or larger marine eco-
system health or is an especially unique or sensitive 
marine ecosystem. 
(11) MARINE ECOSYSTEM HEALTH.—The term 
‘‘marine ecosystem health’’means the ability of an 
ecosystem in ocean waters or coastal waters to sup-
port and maintain patterns, important processes, 
and productive, sustainable, and resilient commu-
nities of organisms, having a species composition, di-
versity, and functional organization resulting from 
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the natural habitat of the region, such that it is ca-
pable of supporting a variety of activities and pro-
vides a complete range of ecological benefits includ-
ing— 
(A) a complete diversity of native species 
and habitats wherein each native species is able 
to maintain an abundance, population struc-
ture, and distribution supporting its ecological 
and evolutionary functions, patterns, and proc-
esses; and 
(B) a physical, chemical, geological, and 
microbial environment that is supportive of the 
requirements of this paragraph. 
(12) NATIONAL
OCEAN
POLICY.—The term 
‘‘National Ocean Policy’’means the policy set forth 
in section 101(a). 
(13) OCEAN
REGION.—The term ‘‘ocean re-
gion’’ means such a region designated under section 
301(c). 
(14) OCEAN
RESOURCES.—The term ‘‘ocean 
resources’’means any living, nonliving, or cultural 
amenities in ocean waters or coastal waters. 
(15) 
OCEAN
WATERS.—The 
term 
‘‘ocean 
waters’’means the zone extending from the baseline 
from which the breadth of the United States terri-
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torial sea is measured to the extent of the Exclusive 
Economic Zone as specified in Presidential Procla-
mation Number 5030, dated March 10, 1983, in-
cluding the territorial waters of the Great Lakes and 
the waters of the continental shelf to which the 
United States is granted sovereign rights under 
international law. 
TITLE I—NATIONAL OCEAN 
GOVERNANCE 
SEC. 101. NATIONAL OCEAN POLICY AND PRINCIPLES. 
(a) NATIONAL OCEAN POLICY.— 
(1) IN GENERAL.—It is the policy of the United 
States to protect, maintain, and restore marine eco-
system health in order to fulfill the ecological, eco-
nomic, educational, social, cultural, nutritional, rec-
reational, and other requirements of current and fu-
ture generations of Americans. 
(2) PRINCIPLES.—The National Ocean Policy 
shall be implemented in accordance with the fol-
lowing principles: 
(A) Policies, programs, and activities 
should minimize negative environmental im-
pacts to ocean waters, coastal waters, and 
ocean resources and be conducted so that by 
themselves or cumulatively they do not under-
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mine efforts to protect, maintain, and restore 
marine ecosystem health. 
(B) Ocean waters, coastal waters, and 
ocean resources should be managed to meet the 
needs of the present generation without com-
promising the ability of future generations to 
meet their needs. 
(C) Ocean waters, coastal waters, and 
ocean resources should be managed using eco-
system-based management. 
(D) The lack of scientific certainty should 
not be used as justification for postponing ac-
tion to prevent negative environmental impacts. 
In cases in which significant threats to marine 
ecosystem health exist, the best of the available 
science should be used to manage ocean waters, 
coastal waters, and ocean resources in a man-
ner that gives the greatest weight to the protec-
tion, maintenance, and restoration of marine 
ecosystem health. 
(E) Policies, programs, and activities rec-
ognize the interconnectedness of the land, at-
mosphere including climate, and oceans includ-
ing ocean waters, coastal waters, and ocean re-
sources, and should recognize that actions af-
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fecting one of these, such as the climate, are 
likely to affect another, such as ocean re-
sources. 
(F) Potential uses of ocean waters, coastal 
waters, and ocean resources should be managed 
in a way that balances competing uses and does 
not undermine efforts to protect, maintain, and 
restore marine ecosystem health. 
(b) IMPLEMENTATION.— 
(1) REQUIREMENT.—To the fullest extent pos-
sible and to the extent not inconsistent with other 
laws, each Federal agency shall interpret and admin-
ister policies, regulations and laws in accordance 
with the National Ocean Policy. 
(2) GUIDANCE.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of the enactment of this Act, the 
National Ocean Advisor shall develop and issue 
guidance, consistent with the National Ocean 
Policy, for the development of Federal agency 
regulations to implement the National Ocean 
Policy. 
(B) PUBLIC
PARTICIPATION.—The Na-
tional Ocean Advisor shall provide adequate op-
portunity for public comment and review during 
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the development of the guidance under subpara-
graph (A). 
(c) AGENCY ACTIONS.— 
(1) REGULATIONS.— 
(A) IN GENERAL.—Within 2 years after 
the issuance of the guidance under subsection 
(b)(2), each Federal agency shall issue new or 
revised regulations as necessary to ensure con-
sistency with the National Ocean Policy for ac-
tions undertaken, authorized, or funded by the 
agency that may significantly affect ocean wa-
ters, coastal waters, or ocean resources. 
(B) PUBLIC COMMENT.—The head of each 
Federal agency shall— 
(i) publish proposed regulations under 
this subsection in the Federal Register; 
and 
(ii) provide a period for public com-
ment of not less than 60 days before final 
regulations are published under this sub-
section. 
(2) REVIEW.—Within 1 year after the issuance 
of the guidance under subsection (b)(2), each Fed-
eral agency, shall— 
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(A) conduct a review of the existing poli-
cies, regulations, and laws that apply to the 
agency and identify any inconsistencies that 
preclude the agency from fully implementing 
the National Ocean Policy; and 
(B) submit to the Committee on Ocean 
Policy, the Committee on Natural Resources of 
the House of Representatives, and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate a report on such review 
that includes proposals as may be necessary to 
eliminate such inconsistencies. 
SEC. 102. NATIONAL OCEAN ADVISOR. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established in the 
Executive Office of the President a National Ocean 
Advisor, who shall be appointed by the President, by 
and with the advice and consent of the Senate, and 
shall not be an employee of any Federal agency rep-
resented on the Committee on Ocean Policy. 
(2) COMPENSATION.—The Advisor shall be paid 
at a rate specified by the President not to exceed the 
rate payable for level V of the Executive Schedule 
under section 5136 of title 5, United States Code. 
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(3) 
QUALIFICATIONS.—The 
individual 
ap-
pointed as the Advisor must be a person who, as a 
result of his or her training, experience, and attain-
ments, is well qualified— 
(A) to analyze and interpret marine eco-
system trends and all relevant information re-
lated to such trends; 
(B) to appraise programs and activities of 
the Federal Government in light of the National 
Ocean Policy; and 
(C) to formulate and recommend actions 
and decisions to promote marine ecosystem 
health. 
(b) FUNCTIONS.—The Advisor shall— 
(1) advise the President on implementation of 
this Act, activities of the Committee on Ocean Pol-
icy, and other matters relating to ocean waters, 
coastal waters, ocean resources, and maintaining 
marine ecosystem health; 
(2) serve as the chair of the Committee on 
Ocean Policy established by section 103; 
(3) lead efforts to coordinate Federal agency 
actions to implement the National Ocean Policy; 
(4) establish a process, in consultation with the 
Committee on Ocean Policy, for resolving inter-
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agency disputes and advise Federal agencies as re-
quested regarding the implementation of the Na-
tional Ocean Policy; and 
(5) develop, issue, and revise as needed, the 
guidance required under section 101(b)(2). 
(c) STAFFING.— 
(1) STAFF.—The Advisor may employ such 
staff as may be necessary to carry out his or her 
functions under this Act. 
(2) UNCOMPENSATED SERVICES.—The Advisor 
may accept, utilize, and terminate voluntary and un-
compensated services in furtherance of his or her 
functions. 
SEC. 103. COMMITTEE ON OCEAN POLICY. 
(a) ESTABLISHMENT.—There is established in the 
Executive Office of the President a Committee on Ocean 
Policy, which succeeds the Committee on Ocean Policy es-
tablished on December 17, 2004, by Executive Order 
13366 and shall continue the activities of that committee 
as it was in existence on the day before the date of enact-
ment of this Act unless otherwise stated by this Act. 
(b) FUNCTIONS.—The Committee shall— 
(1) within 2 years after the date of enactment 
of this Act, review and appraise the various laws, 
programs, and activities of the Federal Government 
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for consistency with the National Ocean Policy, de-
termine whether existing Federal agencies’ authori-
ties are adequate to implement the National Ocean 
Policy, and prepare recommendations regarding any 
resources or new authorities that are needed for that 
implementation; 
(2) review and prepare recommendations re-
garding agency ocean budgets and their sufficiency 
to achieve the National Ocean Policy; 
(3) obtain and provide information to facilitate 
and advance the efforts of Regional Ocean Partner-
ships in accordance with title III; and 
(4) facilitate coordination and integration of 
Federal activities in ocean waters and coastal waters 
and develop, and update as needed, a coordination 
plan in accordance with section 104. 
(c) CHAIR.—The National Ocean Advisor shall be the 
Chair of the Committee, and shall, in that capacity, be 
responsible for— 
(1) regularly convening and presiding at meet-
ings of the Committee; 
(2) directing the work of the Committee; and 
(3) establishing and directing subcommittees of 
the Committee, as appropriate. 
(d) MEMBERSHIP.— 
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(1) IN GENERAL.—The Committee shall have 
the following voting members: 
(A) The Secretary of Commerce. 
(B) The Secretary of State. 
(C) The Secretary of the Interior. 
(D) The Secretary of Defense. 
(E) The Secretary of Agriculture. 
(F) The Secretary of Transportation. 
(G) The Secretary of Homeland Security. 
(H) The Secretary of Energy. 
(I) The Administrator of the Environ-
mental Protection Agency. 
(J) The Director of the Office of Manage-
ment and Budget. 
(K) The Director of the National Science 
Foundation. 
(L) Six State Governors appointed by the 
National Governors Association, who shall rep-
resent State and local interests. 
(M) The Administrator of the National 
Aeronautics and Space Administration. 
(N) The Chair of the Council on Environ-
mental Quality. 
(2) DELEGATION.—A member of the Com-
mittee may delegate the authority to perform the 
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Committee or subcommittee functions of the mem-
ber, to any individual who is employed by such mem-
ber’s department, agency, or office and who is— 
(A) an officer of the United States ap-
pointed by the President; 
(B) a member of the Senior Executive 
Service; or 
(C) an officer or employee within the Exec-
utive Office of the President. 
(3) STATE GOVERNOR MEMBERS.— 
(A) REQUIREMENT.—The members ap-
pointed under paragraph (1)(L) shall be chosen 
to provide broad geographical representation. 
Of those members, at least 4 shall be Governors 
of coastal States. 
(B) LIMITATION
ON
APPOINTMENT.—A 
Governor of a State may not be appointed 
under paragraph (1)(L) to serve on the Com-
mittee in the 4-year period following the prior 
service on the Committee by a Governor of that 
State. 
(C) TERM; REAPPOINTMENT.—A member 
appointed under paragraph (1)(L)— 
(i) shall be appointed for a term of 4 
years; and 
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(ii) shall be eligible for reappointment 
consistent with subparagraph (B). 
(D) REPLACEMENT.—Any member who 
cannot serve the full length of the member’s 
term may be replaced by another individual who 
can serve the remainder of that term. 
(e) SUBCOMMITTEES.—The Chair of the Committee, 
in consultation with the Administrator, may create such 
subcommittees of the Committee as necessary to help 
carry out the functions of the Committee. 
(f) COORDINATION.—The Chair of the Council on 
Environmental Quality and the National Ocean Advisor 
shall ensure appropriate coordination of the activities of 
the Committee and other policy coordination structures re-
lating to ocean or maritime issues. 
(g) STAFF.— 
(1) IN GENERAL.—The Chair may employ such 
employees as may be necessary to carry out the 
functions of the Committee under this Act. 
(2) VOLUNTARY AND UNCOMPENSATED SERV-
ICES.—The Chair may accept, utilize, and terminate 
voluntary and uncompensated services in furtherance 
of the functions of the Committee. 
(h) INFORMATION.—In carrying out its functions 
under this Act, the Committee may secure directly from 
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any Federal agency or department any information it con-
siders to be necessary to carry out its functions under this 
Act. Each such agency or department shall cooperate with 
the Committee and, to the extent permitted by law, shall 
furnish such information (other than information de-
scribed in section 552(b)(1)(A) of title 5, United States 
Code) to the Committee, upon request of the Committee. 
(i) FEDERAL ADVISORY COMMITTEE ACT.— 
(1) IN GENERAL.—The Federal Advisory Com-
mittee Act (5 U.S.C. App.) shall not apply to the 
Committee on Ocean Policy, or any of its sub-
committees formed in accordance with subsection 
(e). 
(2) COMPLIANCE.—Notwithstanding paragraph 
(1), the Committee and its subcommittees shall be 
appointed and operate in a manner consistent with 
all provisions of the Federal Advisory Committee Act 
with respect to— 
(A) the balance of its membership; 
(B) provision of public notice regarding its 
activities; 
(C) open meetings; and 
(D) public access to documents created by 
the Committee. 
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SEC. 104. COORDINATION PLAN. 
(a) COORDINATION PLAN.—The Committee on Ocean 
Policy shall submit to the Congress by not later than 2 
years after the date of the enactment of this Act, a plan 
for coordinating Federal activities in ocean waters and 
coastal waters that— 
(1) is consistent with the National Ocean Pol-
icy; 
(2) designates a lead Federal agency for each 
existing activity and new activity in Federal waters 
and identifies a process for coordination of such ac-
tivities among agencies; 
(3) identifies the process by which Federal 
agencies will coordinate with and participate in the 
Regional Ocean Partnerships established under title 
III and establishes Federal regional ocean partner-
ship teams to participate in that process; 
(4) considers possible consolidation of oceanic 
or atmospheric programs, functions, services, or re-
sources within or among Federal agencies, if their 
consolidation would not undermine the National 
Ocean Policy; 
(5) includes recommendations prepared under 
section 103(b)(1) for any resources or new authori-
ties that Federal agencies may need to implement 
the National Ocean Policy; 
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(6) includes recommendations prepared under 
section 103(b)(2) regarding agency ocean budgets 
and their sufficiency to achieve the National Ocean 
Policy; and 
(7) includes a report on the condition of ocean 
waters, coastal waters, and ocean resources and the 
progress toward meeting the goals of the National 
Ocean Policy. 
(b) REVIEW
AND UPDATE.—The Committee on 
Ocean Policy shall review and update the coordination 
plan as needed, but at least every 6 years. 
SEC. 105. COUNCIL OF ADVISORS ON OCEAN POLICY. 
(a) ESTABLISHMENT.—There is established the 
Council of Advisors on Ocean Policy, which shall advise 
the President on policies to protect, maintain, and restore 
marine ecosystem health on a regional and national basis. 
(b) CHAIR.—The President shall designate a non- 
Federal member of the Council to serve as Chair of the 
Council. The term of the Chair shall be 4 years. The Chair 
shall be responsible for— 
(1) convening meetings at least two times a 
year; and 
(2) directing the work of the Council. 
(c) MEMBERSHIP.—The Council shall have at least 
20 members appointed by the President, in consultation 
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with the National Ocean Advisor (who shall serve as an 
ex officio member of the Council). Such members of the 
Council shall— 
(1) be appointed based on their knowledge and 
experience in coastal, ocean, and atmospheric 
science, policy, and other related areas; and 
(2) include at least 1 representative from— 
(A) local governments; 
(B) Indian tribes; 
(C) the marine science research commu-
nity; 
(D) the marine science education commu-
nity; 
(E) the commercial fishing sector; 
(F) the commercial seafood sector; 
(G) the recreational fishing sector; 
(H) the energy development, the shipping 
and transportation, and the marine tourism in-
dustries; 
(I) agriculture, which may include timber; 
(J) watershed organizations (other than 
organizations represented under subparagraph 
(J)), which may include resource conservation 
districts; and 
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(K) nongovernmental organizations (other 
than organizations represented under subpara-
graph (I)), including groups interested in ma-
rine conservation. 
(d) TERMS OF MEMBERSHIP.— 
(1) IN GENERAL.—The term of a member of 
the Council shall be 4 years. 
(2) INITIAL APPOINTEES.—Of the members ini-
tially appointed to the Council— 
(A) at least one-half shall be appointed to 
a 4-year term that ends in a Federal election 
year in which there occurs an election of the 
President; and 
(B) at least one-half shall be appointed to 
a 4-year term that ends in a Federal election 
year in which there does not occur an election 
of the President. 
(3) VACANCIES.—Any member appointed to fill 
a vacancy occurring before the expiration of the 
term for which the member’s predecessor was ap-
pointed shall be appointed only for the remainder of 
that term. 
(4) LIMITATION.—An individual may not serve 
more than 2 terms as a member of the Council. 
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(e) COMPENSATION AND EXPENSES.—A member of 
the Council shall not receive compensation for service on 
the Council, but upon request by the member may be al-
lowed travel expenses, including per diem in lieu of sub-
sistence, in accordance with subchapter I of chapter 57 
of title 5, United States Code. 
(f) FEDERAL ADVISORY COMMITTEE ACT.— 
(1) IN GENERAL.—The Federal Advisory Com-
mittee Act (5 U.S.C. App.) shall not apply to the 
Council. 
(2) COMPLIANCE.—Notwithstanding paragraph 
(1), the Council shall be appointed and operate in a 
manner consistent with all provisions of the Federal 
Advisory Committee Act with respect to— 
(A) the balance of its membership; 
(B) provision of public notice regarding its 
activities; 
(C) open meetings; and 
(D) public access to documents created by 
the Council. 
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TITLE 
II—NATIONAL 
OCEANIC 
AND ATMOSPHERIC ADMINIS-
TRATION ORGANIC ACT 
SEC. 201. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION. 
(a) IN GENERAL.—The National Oceanic and Atmos-
pheric Administration, as in effect immediately before the 
enactment of this Act, shall be an administration in the 
Department of Commerce. Except as otherwise provided 
in this Act (including the amendments and repeals made 
by this Act)— 
(1) the Administration shall have the adminis-
trative structure, officers, functions, and authorities 
it had immediately before the enactment of this Act, 
including under Reorganization Plan No. 4 of 1970 
(5 U.S.C. App.); and 
(2) the Administrator shall have the authority, 
subject to the availability of appropriations— 
(A) to create, support, and maintain joint 
centers, and to enter into and perform con-
tracts, leases, grants, or cooperative agreements 
on terms the Administrator considers appro-
priate; 
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(B) to disseminate information and con-
duct education and outreach in direct support 
of the purposes of this Act; and 
(C) to accept interagency financing of 
boards or similar groups to carry out inter-
agency activities for which the Administration 
serves as a lead agency. 
(b) MISSION.—The Administration shall be the civil-
ian agency of the Federal Government principally respon-
sible for— 
(1) providing to the Nation oceanic, weather, 
atmospheric, and climate services and research; 
(2) monitoring changes in the earth’s environ-
ment; and 
(3) conducting and supporting research, con-
servation, management, education and outreach re-
garding ocean and coastal resources, weather, and 
climate. 
SEC. 202. FUNCTIONS. 
(a) IN GENERAL.—The Administrator shall perform 
the following functions to carry out the mission set forth 
in section 201(b) in a coordinated, integrated, and eco-
system-based manner for the benefit of the Nation: 
(1) Management, conservation, protection, and 
restoration of ocean and coastal resources, including 
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living marine resources, habitats, maritime heritage 
resources, and ocean ecosystems. 
(2) Observation, monitoring, assessment, fore-
casting, prediction, operations, and exploration for 
ocean, coastal, and atmospheric environments in-
cluding weather, space weather, climate, navigation, 
and marine resources. 
(3) Research, education and outreach, develop-
ment of hydrographic products and services, tech-
nical assistance, technology development, and inno-
vation activities relating to ocean and atmospheric 
environments including basic and applied scientific 
research and activities that support other agency 
functions and missions. 
(b) STATE AND FEDERAL COORDINATION.—The Ad-
ministrator shall ensure that Administration programs 
and activities collaborate with State and Federal programs 
to encourage cooperation, coordination, and integration of 
State and Federal coastal, oceanic, and atmospheric pro-
grams, including the planning and implementation of re-
gional and ecosystem-based activities. 
(c) INTERNATIONAL COORDINATION.— 
(1) COOPERATION
BY
ADMINISTRATOR.—The 
Administrator shall cooperate to the fullest extent 
practicable with the Secretary of State in providing 
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representation at all meetings and conferences relat-
ing to actions or activities described in this Act in 
which representatives of the United States and for-
eign countries participate. 
(2) CONSULTATION
WITH
ADMINISTRATOR.— 
The Secretary of State and any other officer of the 
United States with responsibility for agreements, 
treaties, or understandings with foreign nations and 
international organizations shall consult with the 
Administrator whenever the subject matter or activ-
ity involved relates to a function of the Adminis-
trator. 
(3) AUTHORITY OF SECRETARY OF COMMERCE 
NOT
AFFECTED.—This subsection does not affect 
the authority of the Secretary of Commerce with re-
spect to international fishing agreements. 
(d) PARTNERSHIPS.—The Administrator may pro-
mote, support, and enter into agreements with academia, 
industry, conservation groups, educators, and other inter-
ested persons to improve the effectiveness of Administra-
tion programs and activities and enhance public awareness 
and understanding of Administration science, service, and 
stewardship missions. 
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SEC. 203. ADMINISTRATION LEADERSHIP. 
(a) UNDER SECRETARY OF COMMERCE FOR OCEANS 
AND ATMOSPHERE AND ADMINISTRATOR.— 
(1) IN GENERAL.—There shall be, as the Ad-
ministrator and head of the Administration, an 
Under Secretary of Commerce for Oceans and At-
mosphere. The Administrator shall be appointed by 
the President, by and with the advice and consent 
of the Senate. 
(2) FUNCTIONS.—The Administrator, as head 
of the Administration, shall be responsible for— 
(A) the functions under section 202(a); 
(B) general management and supervision 
of the operations of the Administration; 
(C) policy development and guidance; 
(D) formulation, guidance, and execution 
of budget for the Administration; 
(E) serving as the Department of Com-
merce official for all ocean and atmosphere 
issues with other elements of the Department of 
Commerce and with other Federal agencies, 
State, tribal, and local governments, and the 
public; and 
(F) such other duties with respect to the 
Administration as the Secretary may prescribe. 
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(b) ASSISTANT SECRETARY
OF COMMERCE
FOR 
OCEANS
AND
ATMOSPHERE
AND
DEPUTY
ADMINIS-
TRATOR.— 
(1) IN GENERAL.—There shall be, as Deputy 
Administrator of the Administration, an Assistant 
Secretary of Commerce for Oceans and Atmosphere. 
The Deputy Administrator shall be appointed by the 
President, by and with the advice and consent of the 
Senate. The Deputy Administrator shall be the Ad-
ministrator’s first assistant for purposes of sub-
chapter III of chapter 33 of title 5, United States 
Code. 
(2) FUNCTIONS.—The Deputy Administrator 
shall— 
(A) serve as an advisor to the Adminis-
trator on all program and policy issues; 
(B) perform such functions and exercise 
such powers as the Administrator may pre-
scribe; and 
(C) act as Administrator during the ab-
sence or disability of the Administrator or in 
the event of a vacancy in the office of Adminis-
trator. 
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(c) DEPUTY UNDER SECRETARY OF COMMERCE FOR 
OCEANS AND ATMOSPHERE AND CHIEF OPERATING OF-
FICER.— 
(1) IN GENERAL.—There shall, be as the Chief 
Operating Officer of the Administration, a Deputy 
Under Secretary of Commerce for Oceans and At-
mosphere. The Deputy Under Secretary shall be ap-
pointed by the Secretary. The position of Deputy 
Under Secretary shall be a Senior Executive Service 
position authorized under section 3133 of title 5, 
United States Code. 
(2) FUNCTIONS.—The Deputy Under Secretary 
shall— 
(A) ensure the timely and effective imple-
mentation of Administration policies and objec-
tives; 
(B) be responsible for all aspects of the 
Administration’s operations and management, 
including budget, financial operations, informa-
tion services, facilities, human resources, pro-
curements, and associated services; 
(C) act as the Assistant Secretary during 
the absence or disability of the Assistant Sec-
retary or in the event of a vacancy in such posi-
tion; and 
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(D) perform such other duties as the Ad-
ministrator shall prescribe. 
(d) DEPUTY ASSISTANT SECRETARIES.— 
(1) IN GENERAL.—There shall be in the Admin-
istration three Deputy Assistant Secretaries. 
(2) FUNCTIONS.—The Secretary shall— 
(A) designate the functions of each Deputy 
Assistant Secretary; and 
(B) assign to each Deputy Assistant Sec-
retary one of the functions under paragraphs 
(1), (2), and (3) of section 202(a). 
(3) QUALIFICATIONS.—The Deputy Assistant 
Secretaries shall be appointed by the Secretary from 
among individuals who are qualified by reason of 
background and experience to direct the implementa-
tion and administration of the functions for which 
they are responsible. The positions of Deputy Assist-
ant Secretaries shall be Senior Executive Service po-
sitions authorized under section 3133 of title 5, 
United States Code. 
(e) GENERAL COUNSEL.— 
(1) IN GENERAL.—There shall be in the Admin-
istration a General Counsel. The General Counsel 
shall be appointed by the Secretary. The General 
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Counsel shall be paid at the rate of basic pay for 
level V of the Executive Schedule. 
(2) FUNCTIONS.—The General Counsel shall— 
(A) serve as the chief legal officer of the 
Administration for all legal matters that arise 
in connection with the conduct of the functions 
of the Administration; and 
(B) perform such other functions and exer-
cise such powers as the Administrator may pre-
scribe. 
(f) ADDITIONAL
POSITIONS.—The Administrator 
may appoint individuals to such additional positions in the 
Administration as may be appropriate to reflect any re-
structuring of the Administration. 
(g) CONFORMING AMENDMENTS
TO REORGANIZA-
TION PLAN.— 
(1) REORGANIZATION PLAN NO. 4 OF 1970.—Re-
organization Plan No. 4 of 1970 (5 U.S.C. App.) is 
amended— 
(A) in section 1, by adding at the end the 
following: 
‘‘(g) The functions vested in the Secretary of the In-
terior and the Secretaries by the Act of June 8 1906, (16 
U.S.C. 433 et seq.), popularly known as the Antiques Act 
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of 1906, relating to national monuments comprised of 
ocean or coastal resources.’’; and 
(B) in section 2, by striking subsection (e). 
(2) TITLE 5, U.S.C.—Section 5316 of title 5, 
United States Code, is amended by striking ‘‘Assist-
ant Administrator for Coastal Zone Management,’’ 
and all that follows through ‘‘Assistant Administra-
tors (3), National Oceanic and Atmospheric Admin-
istration.’’. 
SEC. 204. NATIONAL WEATHER SERVICE. 
(a) IN GENERAL.—There shall be in the Administra-
tion the National Weather Service. 
(b) MISSION.—The mission of the National Weather 
Service is to provide weather, water, climate, tsunami, and 
space weather forecasts and warnings for the United 
States, its territories, adjacent waters, and ocean areas for 
the protection of life and property and the enhancement 
of the national economy. In carrying out the mission of 
the National Weather Service, the Administrator shall 
seek to ensure that the National Weather Service— 
(1) provides timely and accurate weather, 
water, climate, tsunami, and space weather fore-
casts; and 
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(2) provides timely and accurate warnings of 
natural hazards related to weather, water, climate, 
and tsunamis, and of space weather hazards. 
(c) FUNCTIONS.—To accomplish the mission de-
scribed in section 201(b), and in addition to the functions 
described in section 202(a), the functions of the National 
Weather Service shall include— 
(1) maintaining a network of local weather fore-
cast offices; 
(2) maintaining a network of observation sys-
tems to collect weather, water, and climate data; 
(3) operating national centers to deliver guid-
ance, forecasts, warnings, and analysis about weath-
er, water, climate, tsunami, and space weather phe-
nomena for use by the Administration and the pub-
lic; 
(4) providing information to Federal, State, and 
local agencies and other organizations responsible 
for emergency preparedness and response; 
(5) conducting and supporting applied research 
to facilitate the rapid incorporation of weather and 
climate science advances into operational tools; and 
(6) other functions to serve the mission of the 
National Weather Service described in subsection 
(b). 
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SEC. 205. SCIENCE ADVISORY BOARD. 
There shall be within the Administration a Science 
Advisory Board, in accordance with the document entitled 
‘‘U.S. Department of Commerce Charter of the NOAA 
Science Advisory Board’’, dated August 9, 2005. 
SEC. 206. RESTRUCTURING PLAN. 
(a) IN GENERAL.—The Administrator shall develop 
a plan and budget setting forth a proposal for restruc-
turing the Administration and its programs, as they ex-
isted immediately before enactment of this title, that im-
plement this title, are consistent with section 101, and 
consider the recommendations of the U.S. Commission on 
Ocean Policy so as to provide improved services to the Na-
tion. 
(b) CONTENT.—The plan shall— 
(1) describe leadership positions and roles, and 
program offices and duties; 
(2) consider— 
(A) regional approaches to management 
and ecosystem-based management; 
(B) coordination with outside entities, both 
nationally and internationally; and 
(C) needs to expand or downsize employees 
or facilities (or both); 
(3) be consistent with section 202 and the other 
provisions of this Act, and maximize the efficiency 
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with which the Administration carries out and 
assures the effectiveness of the functions of the Ad-
ministrator described in section 202(a); 
(4) improve the sharing of research and other 
information and the compilation of available data, 
that is of use across programmatic themes; and 
(5) to the maximum extent practicable, elimi-
nate duplication of effort or overlapping efforts 
among offices. 
(c) CONSULTATION.—The Administrator shall de-
velop the plan in consultation with interested persons, in-
cluding representatives of the States, academia, industry, 
conservation organizations, and labor organizations cer-
tified as the exclusive representatives of Administration 
employees pursuant to chapter 71 of title 5, United States 
Code. 
(d) SCHEDULE.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this Act, the Adminis-
trator shall develop the plan and shall publish the 
plan in the Federal Register. 
(2) PUBLIC COMMENT.—The Federal Register 
notice shall solicit comments for a period of 60 days. 
(3) FINAL
PLAN.—Not later than 120 days 
after the expiration date of the comment period de-
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scribed in paragraph (2), the Administrator shall 
complete a final plan that takes into account the 
comments received. 
(4) TRANSMITTAL.—Upon completing the final 
plan, the Administrator shall— 
(A) transmit the final plan, and an expla-
nation of how the Administrator addressed each 
issue raised by the public comments received, to 
the Committee on Commerce, Science, and 
Transportation of the Senate and the Commit-
tees on Science and on Natural Resources of 
the House of Representatives for review; and 
(B) publish the final plan and explanation 
in the Federal Register. 
(e) REPORTING.— 
(1) ADMINISTRATION
INTERNAL
REVIEW.— 
Once every 3 years after implementation of the reor-
ganization plan, the Administrator shall transmit a 
report to Congress assessing the effectiveness and 
efficiency of the Administration in carrying out its 
functions and fulfilling its mission, as set forth in 
sections 201(b). 
(2) GOVERNMENT ACCOUNTABILITY OFFICE RE-
VIEW.—Not later than 3 years after the Administra-
tion implements the reorganization plan, and every 
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6 years thereafter, the Comptroller General of the 
United States shall conduct an independent review 
of the effectiveness and efficiency of the Administra-
tion in fulfilling its mission, as set forth in section 
201(b), and carrying out the functions set forth in 
section 202. Upon completing the review, the Comp-
troller General shall transmit a report to Congress 
with his or her findings. 
SEC. 207. REPROGRAMMING REQUESTS. 
Whenever the Administrator transmits a budget re-
programming request to the Appropriations Committees 
of the House of Representatives and the Senate, the Ad-
ministrator shall simultaneously submit a copy of the re-
quest to the Committee on Science and the Committee on 
Natural Resources of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate. 
SEC. 208. SAVINGS PROVISIONS. 
Except as otherwise provided in this Act, all rules and 
regulations, determinations, standards, contracts, certifi-
cations, authorizations, appointments, delegations, results 
and findings of investigations, and other actions duly 
issued, made, or taken by or pursuant to or under the 
authority of any statute that resulted in the assignment 
of functions or activities to the Secretary of Commerce, 
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the Department of Commerce, the Under Secretary of 
Commerce for Oceans and Atmosphere, or any other offi-
cial of the National Oceanic and Atmospheric Administra-
tion, as are in effect immediately before the enactment of 
this Act, shall continue in full force and effect after enact-
ment of this Act until modified or rescinded. 
SEC. 209. REPORT. 
Not later than 1 year after the date of the enactment 
of this Act, the Administrator shall submit a report to the 
Congress on the implementation of this Act, including 
such recommendations as the Administrator considers ap-
propriate regarding changes to existing law (including 
granting of additional authority to the Administrator). 
SEC. 210. FUNCTION DEFINED. 
In this title the term ‘‘function’’ includes authorities, 
powers, rights, privileges, immunities, programs, projects, 
activities, duties, and responsibilities. 
TITLE III—REGIONAL 
COORDINATION AND PLANNING 
SEC. 301. REGIONAL OCEAN COORDINATION. 
(a) IN GENERAL.—The purpose of this title is to pro-
mote coordinated regional efforts to further the implemen-
tation of the National Ocean Policy through— 
(1) the designation of distinct ocean regions; 
and 
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(2) the establishment of regional ocean partner-
ships, and the development and implementation of 
regional ocean strategic plans. 
(b) OBJECTIVES OF REGIONAL EFFORTS.—Such re-
gional efforts shall achieve the following: 
(1) Provide for more systematic communication, 
coordination, and alignment of State and Federal 
governmental authorities and programs with the 
size, scale, and characteristics of regional marine 
ecosystems while recognizing regional economic and 
social patterns. 
(2) Build on and improve existing regional pro-
grams and initiatives and foster the creation of new 
regional efforts in areas where effective interstate 
and Federal cooperative efforts are currently lack-
ing. 
(3) Provide for regional and subregional ocean 
assessments, based on the best available science, to 
determine status and trends and to provide the in-
formation needed to improve management decisions. 
(4) Identify shared State and Federal priority 
issues and address them in a collaborative and co-
ordinated way based on existing legal authorities. 
(5) Improve integration of government efforts 
and maximize government efficiency. 
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(6) Identify and provide data and information 
needed by the Regional Ocean Partnerships estab-
lished under section 302. 
(7) Provide for opportunities for public input on 
regional priorities and plans and for improved cit-
izen and community stewardship of ocean waters, 
coastal waters, and ocean resources. 
(c) REGIONS.— 
(1) DESIGNATION.—There are hereby des-
ignated the following ocean regions: 
(A) NORTH PACIFIC OCEAN REGION.—The 
North Pacific Ocean Region, which shall consist 
of the coastal zone (as defined in section 304 
of the Coastal Zone Management Act of 1972 
(16 U.S.C. 1453) and watershed areas of the 
State of Alaska that have a significant impact 
on coastal waters of the State of Alaska sea-
ward to the extent of the Exclusive Economic 
Zone as specified in Presidential Proclamation 
Number 5030, dated March 10, 1983. 
(B) PACIFIC OCEAN REGION.—The Pacific 
Ocean Region, which shall consist of the coastal 
zone (as defined in section 304 of the Coastal 
Zone Management Act of 1972 (16 U.S.C. 
1453)) and watershed areas of the States that 
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have a significant impact on coastal waters of 
the States of Washington, Oregon, and Cali-
fornia seaward to the extent of the Exclusive 
Economic Zone as specified in Presidential 
Proclamation Number 5030, dated March 10, 
1983. 
(C) WESTERN PACIFIC OCEAN REGION.— 
The Western Pacific Ocean Region, which shall 
consist of the coastal zone (as defined in section 
304 of the Coastal Zone Management Act of 
1972 (16 U.S.C. 1453) of the States of Hawaii, 
Guam, American Samoa, and the Northern 
Mariana Islands seaward to the extent of the 
Exclusive Economic Zone as specified in Presi-
dential Proclamation Number 5030, dated 
March 10, 1983, including the territorial waters 
of the Commonwealths, territories, and posses-
sions of the United States in the Pacific Ocean. 
(D) GULF OF MEXICO OCEAN REGION.— 
The Gulf of Mexico Ocean Region, which shall 
consist of the coastal zone (as defined in section 
304 of the Coastal Zone Management Act of 
1972 (16 U.S.C. 1453)) and watershed areas of 
the States that have a significant impact on 
coastal waters of the States of Texas, Lou-
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isiana, Mississippi, Alabama, and Florida sea-
ward to the extent of the Exclusive Economic 
Zone as specified in Presidential Proclamation 
Number 5030, dated March 10, 1983. 
(E) CARIBBEAN
OCEAN
REGION.—The 
Caribbean Ocean Region, which shall consist of 
the coastal zone (as defined in section 304 of 
the Coastal Zone Management Act of 1972 (16 
U.S.C. 1453)) and watershed areas of the 
States that have a significant impact on coastal 
waters of the Virgin Islands and the Common-
wealth of Puerto Rico seaward to the extent of 
the Exclusive Economic Zone as specified in 
Presidential Proclamation Number 5030, dated 
March 10, 1983, including the territorial waters 
of the Caribbean Sea and Atlantic Ocean. 
(F) SOUTHEAST
ATLANTIC
OCEAN
RE-
GION.—The Southeast Atlantic Ocean Region, 
which shall consist of the coastal zone (as de-
fined in section 304 of the Coastal Zone Man-
agement Act of 1972 (16 U.S.C. 1453)) and 
watershed areas of the States that have a sig-
nificant impact on coastal waters of the States 
of Florida, Georgia, South Carolina, and North 
Carolina seaward to the extent of the Exclusive 
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Economic Zone as specified in Presidential 
Proclamation Number 5030, dated March 10, 
1983. 
(G) NORTHEAST
ATLANTIC
OCEAN
RE-
GION.—The Northeast Atlantic Ocean Region, 
which shall consist of the coastal zone (as de-
fined in section 304 of the Coastal Zone Man-
agement Act of 1972 (16 U.S.C. 1453)) and 
watershed areas of the States that have a sig-
nificant impact on coastal waters of the States 
of Maine, New Hampshire, Massachusetts, 
Rhode Island, and Connecticut seaward to the 
extent of the Exclusive Economic Zone as speci-
fied in Presidential Proclamation Number 
5030, dated March 10, 1983. 
(H) MID-ATLANTIC OCEAN REGION.—The 
Mid-Atlantic Ocean Region, which shall consist 
of the coastal zone (as defined in section 304 
of the Coastal Zone Management Act of 1972 
(16 U.S.C. 1453)) and watershed areas of the 
States that have a significant impact on coastal 
waters of the States of New York, New Jersey, 
Delaware, Maryland, Pennsylvania, and Vir-
ginia seaward to the extent of the Exclusive 
Economic Zone as specified in Presidential 
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Proclamation Number 5030, dated March 10, 
1983. 
(I) GREAT
LAKES
REGION.—The Great 
Lakes Region, which shall consist of the coastal 
zone (as defined in section 304 of the Coastal 
Zone Management Act of 1972 (16 U.S.C. 
1453)) and watershed areas of the States that 
have a significant impact on coastal waters of 
the States of Wisconsin, Minnesota, Michigan, 
Illinois, Indiana, Ohio, New York, and Pennsyl-
vania to the extent of the territorial waters of 
the United States in the Great Lakes. 
(2) SUBREGIONS.—Each Regional Ocean Part-
nership established under section 302 may establish 
such subregions, or geographically specified manage-
ment areas, as necessary for efficient and effective 
management of region-specific ecosystem issues. 
SEC. 302. REGIONAL OCEAN PARTNERSHIPS. 
(a) IN GENERAL.— 
(1) ESTABLISHMENT.—Within 1 year after the 
date of the enactment of this Act, the Administrator, 
in consultation with the Committee on Ocean Policy 
and the appropriate coastal States, shall establish or 
designate a Regional Ocean Partnership for each of 
the ocean regions established by section 301. 
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(2) FUNCTIONS.—Each Partnership shall, for 
the ocean region for which it is established or des-
ignated— 
(A) pursue the objectives set forth in sec-
tion 301(b); 
(B) further the implementation of the Na-
tional Ocean Policy; and 
(C) develop and implement a Regional 
Ocean Strategic Plan under section 303. 
(b) EXISTING REGIONAL EFFORTS.—For any ocean 
region for which a regional ocean governance effort al-
ready exists, the relevant coastal States shall work with 
the Administrator to determine whether the Partnership 
established or designated for the ocean region should build 
upon and expand that effort, or whether the Administrator 
should initiate a new effort. 
(c) MEMBERSHIP.— 
(1) FEDERAL REPRESENTATIVES.—Within 270 
days after the date of the enactment of this Act, the 
Committee on Ocean Policy shall designate the Fed-
eral agencies and departments that shall participate 
in each Partnership. Among the agencies and de-
partment designated for each Partnership, the Com-
mittee shall include all Federal agencies and depart-
ments that have expertise in ocean and coastal pol-
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