I
105TH CONGRESS
1ST SESSION
H. R. 2547
To develop and maintain a coordinated, comprehensive, and long-range na-
tional policy with respect to ocean and coastal activities that will assist
the Nation in meeting specified objectives, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 25, 1997
Mr. FARR of California (for himself, Mr. SAXTON, Mr. ABERCROMBIE, Mr.
MILLER of California, Mr. GILCHREST, Mr. PALLONE, Mr. BROWN of
California, Mr. GOSS, Mr. KENNEDY of Rhode Island, and Mr. ORTIZ)
introduced the following bill; which was referred to the Committee on Re-
sources
A BILL
To develop and maintain a coordinated, comprehensive, and
long-range national policy with respect to ocean and
coastal activities that will assist the Nation in meeting
specified objectives, 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 ‘‘Oceans Act of 1997’’.
SEC. 2. CONGRESSIONAL FINDINGS; PURPOSE AND OBJEC-
TIVES.
(a) FINDINGS.—The Congress makes the following
findings:
(1) Covering more than two-thirds of the
Earth’s surface, the oceans and Great Lakes play a
critical role in the global water cycle and in regulat-
ing climate, sustain a large part of Earth’s biodiver-
sity, provide an important source of food and a
wealth of other natural products, act as a frontier
to scientific exploration, are critical to national secu-
rity, and provide a vital means of transportation.
The coastal zone, transition between land and open
ocean, is a region of remarkably high biological pro-
ductivity, and is of considerable importance for com-
mercial and recreational activities.
(2) Ocean and coastal resources are susceptible
to change as a direct and indirect result of human
activities, and such changes can significantly impact
the ability of the oceans and Great Lakes to provide
the benefits upon which the Nation depends.
Changes in ocean and coastal processes could affect
global climate patterns, marine productivity and bio-
diversity, environmental quality, national security,
economic competitiveness, availability of energy, vul-
nerability to natural hazards, and transportation
safety and efficiency.
(3) Ocean and coastal resources are not infi-
nite, and human pressure on them is increasing. One
half of the Nation’s population lives within 50 miles
of the coast, many ocean and coastal resources once
considered inexhaustible are now depleted, and if
population trends continue as expected, pressure on,
and conflicting demands for, ocean and coastal re-
sources will increase further as will vulnerability to
coastal hazards.
(4) Research has uncovered the link between
oceanic and atmospheric processes and improved un-
derstanding of world climate patterns and forecasts.
Important new advances, including availability of
military technology, have made feasible the explo-
ration of large areas of the ocean which were once
inaccessible. In designating 1998 as ‘‘The Year of
the Ocean’’, the United Nations highlights the value
of increasing our knowledge of the oceans.
(5) It has been 30 years since the Commission
on Marine Science, Engineering, and Resources
(known as the Stratton Commission) conducted a
comprehensive examination of ocean and coastal ac-
tivities that led to enactment of major legislation
erals, oil, and gas) and any significant historic, cul-
tural or aesthetic resource.
SEC. 4. NATIONAL OCEAN AND COASTAL POLICY.
(a) EXECUTIVE RESPONSIBILITIES.—The President
shall—
(1) develop and maintain a coordinated, com-
prehensive, and long-range national policy with re-
spect to ocean and coastal activities; and
(2) with regard to Federal agencies and depart-
ments—
(A) review significant ocean and coastal
activities, including plans, priorities, accom-
plishments, and infrastructure requirements;
(B) plan and implement an integrated pro-
gram of ocean and coastal activities including,
but not limited to, oceanography, stewardship
of ocean and coastal resources, protection of the
marine environment, and marine recreation and
tourism;
(C) designate responsibility for funding
and conducting ocean and coastal activities; and
(D) ensure cooperation and resolve dif-
ferences arising from laws and regulations ap-
plicable to ocean and coastal activities which re-
sult in conflicts among participants in such ac-
tivities.
(b) ASSISTANCE AND ADVICE.—The President shall
carry out subsection (a) with the assistance of the heads
of appropriate executive departments, agencies, and other
entities, and with the advice of the Commission.
(c) COOPERATION AND CONSULTATION.—In carrying
out responsibilities under this Act, the President may use
such staff, interagency, and advisory arrangements as the
President finds necessary and appropriate and shall con-
sult with non-Federal organizations and individuals in-
volved in ocean and coastal activities.
SEC. 5. COMMISSION ON OCEAN POLICY.
(a) ESTABLISHMENT.—
(1) MEMBERSHIP.—The President shall, within
90 days of the enactment of this Act, establish a
Commission on Ocean Policy. The Commission shall
be composed of 15 members appointed by the Presi-
dent in consultation with the Congress, and shall in-
clude individuals drawn from Federal and State gov-
ernments, industry, academic and technical institu-
tions, and public interest organizations involved with
ocean and coastal activities, but not more than 3
members shall be from the Federal Government.
(2) ADVISORY
MEMBERS.—In addition, the
Commission shall have 4 Members of Congress, who
shall serve as advisory members. One of the advisory
members shall be appointed by the Speaker of the
House of Representatives. One of the advisory mem-
bers shall be appointed by the minority leader of the
House of Representatives. One of the advisory mem-
bers shall be appointed by the majority leader of the
Senate. One of the advisory members shall be ap-
pointed by the minority leader of the Senate. The
advisory members shall not participate, except in an
advisory capacity, in the formulation of the findings
and recommendations of the Commission.
(b) FINDINGS AND RECOMMENDATIONS.—The Com-
mission shall report to the President and the Congress on
a comprehensive national ocean and coastal policy to carry
out the purpose and objectives of this Act. In developing
the findings and recommendations of the report, the Com-
mission shall—
(1) review and suggest any modifications to
United States laws, regulations, and department or
agency structure, organization, and practices that
may be necessary to define and implement such pol-
icy;
(2) assess the condition and adequacy of invest-
ment in existing and planned facilities and equip-
ment associated with ocean and coastal activities in-
cluding human resources, vessels, computers, sat-
ellites, and other appropriate technologies and plat-
forms;
(3) review existing ocean and coastal activities
of Federal agencies and departments and the con-
tribution of such activities to oceanography, ocean
and coastal resource management, and protection of
the marine environment;
(4) examine and suggest mechanisms to address
the interrelationships among ocean and coastal ac-
tivities, the legal and regulatory framework in which
they occur, and their interconnected and cumulative
effects on the marine environment, ocean and coast-
al resources, and marine productivity and biodiver-
sity;
(5) review the known and anticipated demands
for ocean and coastal resources, including an exam-
ination of opportunities and limitations with respect
to the use of ocean and coastal resources within the
exclusive economic zone, projected impacts in coastal
areas, and the adequacy of existing efforts to man-
age such use and minimize user conflicts;
(6) evaluate relationships among Federal,
State, and local governments and the private sector
for planning and carrying out ocean and coastal ac-
tivities and address the most appropriate division of
responsibility for such activities;
(7) identify opportunities for the development
of or investment in new products, technologies, or
markets that could contribute to the objectives of
this Act;
(8) consider the relationship of the ocean and
coastal policy of the United States to the United Na-
tions Convention on the Law of the Sea (and related
international agreements) and actions available to
the United States to collaborate with other nations,
including the development of cooperative inter-
national programs for oceanography, protection of
the marine environment, and ocean and coastal re-
source management; and
(9) engage in any other preparatory work
deemed necessary to carry out the duties of the
Commission pursuant to this Act.
(c) CHAIRMAN.—The Commission shall elect 1 of its
members as Chairman. The Chairman of the Commission
shall be responsible for—
(1) the assignment of duties and responsibilities
among staff personnel and their continuing super-
vision; and
(2) the use and expenditures of funds available
to the Commission.
(d) COMPENSATION.—Members of the Commission
appointed from outside the Government shall, when en-
gaged in the actual performance of duties of the Commis-
sion, receive reimbursement of travel expenses, including
per diem in lieu of subsistence as authorized for persons
employed intermittently in the Government service under
section 3109 of title 5, United States Code. Members of
the Commission appointed from within the Government
shall serve without additional compensation to that re-
ceived for their services to the Government but shall be
reimbursed for travel expenses, including per diem in lieu
of subsistence.
(e) STAFF.—
(1) The Commission shall have a Director who
shall be appointed by the Chairman of the Commis-
sion and shall be knowledgeable in administrative
management and ocean and coastal policy.
(2) Upon consultation at the request of the
Commission, the head of any Federal Agency shall
detail personnel of the agency to the Commission to
assist the Commission in carrying out its functions
under this Act. To the extent feasible, such detail
shall be on a reimbursable basis.
(3) The Commission may accept and use the
services of volunteers serving without compensation,
and reimburse volunteers for travel expenses, includ-
ing per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code. Except
for the purposes of chapter 81 of title 5, United
States Code, relating to compensation for work inju-
ries, and chapter 171 of title 28, United States
Code, relating to tort claims, a volunteer under this
subsection may not be considered to be an employee
of the United States for any purpose.
(4) To the extent that funds are available, and
subject to the rules that may be prescribed by the
Commission, the Director may procure the tem-
porary and intermittent services of experts and con-
sultants under section 3109(b) of title 5, United
States Code, but at rates not to exceed the rate of
pay for GS–15, step 7 of the General Schedule.
(f) ADMINISTRATION.—
(1) All meetings of the Commission shall be
open to the public, except when a majority of the
members of the Commission (in the presence of a
quorum) determine that the meeting or any portion
of it may be closed to the public. Interested persons
shall be permitted to appear at open meetings and
present oral or written statements on the subject
matter of the meeting. The Commission may admin-
ister oaths or affirmations to any person appearing
before it.
(2) All open meetings of the Commission shall
be preceded by timely public notice in the Federal
Register of the time, place, and subject of the meet-
ing.
(3) Minutes of each meeting shall be kept and
shall contain a record of the people present, a de-
scription of the discussion that occurred, and copies
of all statements filed. Subject to section 552 of title
5, United States Code, the minutes and records of
all meetings and other documents that were made
available to or prepared for the Commission shall be
available for public inspection and copying at a sin-
gle location in the offices of the Commission.
(4) The Federal Advisory Committee Act (5
U.S.C. App.) does not apply to the Commission.
(g) COOPERATION WITH OTHER AGENCIES.—
(1) The Commission is authorized to secure di-
rectly from any Federal agency or department any
information it deems necessary to carry out its func-
tions under this Act. Each such agency or depart-
ment is authorized to cooperate with the Commis-
sion and, to the extent permitted by law, to furnish
such information to the Commission, upon the re-
quest of the Chairman of the Commission.
(2) The Commission may use the United States
mails in the same manner and under the same con-
ditions as other departments and agencies of the
United States.
(3) The General Services Administration shall
provide to the Commission on a reimbursable basis
the administrative support services that the Commis-
sion may request.
(4) The Commission may enter into contracts
with Federal and State agencies, private firms, insti-
tutions, and individuals to assist the Commission in
carrying out its duties. The Commission may pur-
chase and contract without regard to sections 303 of
the Federal Property and Administration Services
Act of 1949 (41 U.S.C. 253), section 18 of the Of-
fice of Federal Procurement Policy Act (41 U.S.C.
416), and section 8 of the Small Business Act (15
U.S.C. 637), pertaining to competition and publica-
tion requirements, and may arrange for printing
without regard to the provisions of title 44, United
States Code. The contracting authority of the Com-
mission under this Act is effective only to the extent
that appropriations are available for contracting
purposes.
(h) REPORTS.—The Commission shall submit to the
President and the Congress not later than 18 months after
the establishment of the Commission, a report of its find-
ings and recommendations. After submission of the report,
the Commission shall report at the request of the Presi-
dent or the Congress and in any case not less than once
every 5 years, on the Nation’s progress in meeting the
purposes and objectives set forth in section 2(b).
(i) AUTHORIZATION
OF APPROPRIATIONS.—There
are hereby authorized to be appropriated to support the
activities of the Commission—
(1) a total of $6,000,000 for the 2-fiscal year
period beginning October 1, 1997; and
(2) such sums as are necessary for the 10-fiscal
year period beginning October 1, 1999.
SEC. 6. REPORT AND BUDGET COORDINATION.
(a) BIENNIAL REPORT.—The President shall trans-
mit to the Congress biennially in January a report, which
shall include—
(1) a description of the ocean and coastal ac-
tivities and related accomplishments of all independ-
ent agencies and departments of the United States
during the preceding 2 fiscal years; and
(2) an evaluation of such activities and accom-
plishments in terms of the purpose and objectives of
this Act. Reports made under this section shall con-
tain such recommendations for legislation as the
President may consider necessary or desirable.
(b) BUDGET COORDINATION.—
(1) Each department or independent agency in-
volved in ocean and coastal activities shall include
with its annual request for appropriations a report
which—
(A) identifies significant elements of the
proposed agency or department budget relating
to ocean and coastal activities; and
(B) specifies how each such element con-
tributes to the implementation of the national
ocean and coastal policy developed under sec-
tion 4(a)(1).
(2) The President shall, in a timely fashion,
provide the head of each such department and inde-
pendent agency with an opportunity to review and
comment on the budget estimate of each such agen-
cy or department.
(3) The President shall identify in each annual
budget submitted to the Congress under section
1105 of title 31, United States Code, those elements
of each agency or department budget that contribute
to the implementation of the national ocean and
coastal policy developed under section 4(a)(1).
SEC. 7. REPEAL OF 1966 STATUTE.
The Marine Resources and Engineering Development
Act of 1966 (33 U.S.C. 1101 et seq.) is repealed.
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