Oceans Act of 2000
PL 106-256 (S.2327), enacted 08/07/2000

114 STAT. 644 
PUBLIC LAW 106-256—AUG. 7, 2000 
Public Law 106-256 
106th Congress 
An Act 
Aug. 7, 2000 
[S. 2327] 
Oceans Act of 
2000. 
Environmental 
protection. 
Fish and fishing. 
Inter-
governmental 
relations. 
33 u s e 857-19 
note. 
33 u s e 857-19 
note. 
To establish a Commission on Ocean Policy, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Oceans Act of 2000". 
SEC. 2. PURPOSE AND OBJECTIVES. 
The purpose of this Act is to establish a commission to make 
recommendations for coordinated and comprehensive national ocean 
policy that will promote— 
(1) the protection of life and property against natural and 
manmade hazards; 
(2) responsible stewardship, including use, of fishery 
resources and other ocean and coastal resources; 
(3) the protection of the marine environment and preven-
tion of marine pollution; 
(4) the enhancement of marine-related commerce and 
transportation, the resolution of conflicts among users of the 
marine environment, and the engagement of the private sector 
in innovative approaches for sustainable use of living marine 
resources and responsible use of non-living marine resources; 
(5) the expansion of human knowledge of the marine 
environment including the role of the oceans in climate and 
global environmental change and the advancement of education 
and training in fields related to ocean and coastal activities; 
(6) the continued investment in and development and 
improvement of the capabilities, performance, use, and effi-
ciency of technologies for use in ocean and coastal activities, 
including investments and technologies designed to promote 
national energy and food security; 
(7) close cooperation among all government agencies and 
departments and the private sector to ensure— 
(A) coherent and consistent regulation and manage-
ment of ocean and coastal activities; 
(B) availability and appropriate allocation of Federal 
funding, personnel, facilities, and equipment for such activi-
ties; 
(C) cost-effective and efficient operation of Federal 
departments, agencies, and programs involved in ocean 
and coastal activities; and 
(D) enhancement of partnerships with State and local 
governments with respect to ocean and coastal activities, 
including the management of ocean and coastal resources 
PUBLIC LAW 106-256—AUG. 7, 2000 
114 STAT. 645 
and identification of appropriate opportunities for policy-
making and decision-making at the State and local level; 
and 
(8) the preservation of the role of the United States as 
a leader in ocean and coastal activities, and, when it is in 
the national interest, the cooperation by the United States 
with other nations and international organizations in ocean 
and coastal activities. 
SEC. 3. COMMISSION ON OCEAN POLICY. 
(a) ESTABLISHMENT.—^There is hereby established the Commis-
sion on Ocean Policy. The Federal Advisory Committee Act (5 
U.S.C. App.), except for sections 3, 7, and 12, does not apply 
to the Commission. 
(b) MEMBERSHIP.— 
(1) APPOINTMENT.—The Commission shall be composed of 
16 members appointed by the President from among individuals 
described in paragraph (2) who are knowledgeable in ocean 
and coastal activities, including individuals representing State 
and local governments, ocean-related industries, academic and 
technical 
institutions, 
and 
public 
interest 
organizations 
involved with scientific, regulatory, economic, and environ-
mental ocean and coastal activities. The membership of the 
Commission shall be balanced by area of expertise and balanced 
geographically to the extent consistent with maintaining the 
highest level of expertise on the Commission. 
(2) NOMINATIONS.—^The President shall appoint the mem-
bers of the Commission, within 90 days after the effective 
date of this Act, including individuals nominated as follows: 
(A) 4 members shall be appointed from a list of 8 
individuals who shall be nominated by the Majority Leader 
of the Senate in consultation with the Chairman of the 
Senate Committee on Commerce, Science, and Transpor-
tation. 
(B) 4 members shall be appointed from a list of 8 
individuals who shall be nominated by the Speaker of 
the House of Representatives in consultation with the 
Chairmen 
of the 
House 
Committees 
on 
Resources, 
Transportation and Infrastructure, and Science. 
(C) 2 members shall be appointed from a list of 4 
individuals who shall be nominated by the Minority Leader 
of the Senate in consultation with the Ranking Member 
of the Senate Committee on Commerce, Science, and 
Transportation. 
(D) 2 members shall be appointed from a list of 4 
individuals who shall be nominated by the Minority Leader 
of the House in consultation with the Ranking Members 
of the House Committees on Resources, Transportation 
and Infrastructure, and Science. 
(3) CHAIRMAN.—The Commission shall select a Chairman 
from among its members. The Chairman of the Commission 
shall be responsible for— 
(A) the assignment of duties and responsibilities among 
staff personnel and their continuing supervision; and 
(B) the use and expenditure of funds available to the 
Commission. 
33 u s e 857-19 
note. 
President. 
President. 
Deadline. 
Congress. 
114 STAT. 646 
PUBLIC LAW 106-256—AUG. 7, 2000 
(4) VACANCIES.—^Any vacancy on the Commission shall be 
filled in the same manner as the original incumbent was 
appointed. 
(c) RESOURCES.—In carrying out its functions under this section, 
the Commission— 
(1) is authorized to secure directly from any Federal agency 
or department any information it deems necessary to carry 
out its functions under this Act, and each such agency or 
department is authorized to cooperate with the Commission 
and, to the extent permitted by law, to furnish such information 
(other than information described in section 552(b)(1)(A) of 
title 5, United States Code) to the Commission, upon the 
request of the Commission; 
(2) may enter into contracts, subject to the availability 
of appropriations for contracting, and employ such staff experts 
and consultants as may be necessary to carry out the duties 
of the Commission, as provided by section 3109 of title 5, 
United States Code; and 
Establishment. 
(3) in Consultation with the Ocean Studies Board of the 
National Research Council of the National Academy of Sciences, 
shall establish a multidisciplinary science advisory panel of 
experts in the sciences of living and non-living marine resources 
to assist the Commission in preparing its report, including 
ensuring that the scientific information considered by the 
Commission is based on the best scientific information avail-
able. 
(d) STAFFING.—^The Chairman of the Commission may, without 
regard to the civil service laws and regulations, appoint and termi-
nate an Executive Director and such other additional personnel 
as may be necessary for the Commission to perform its duties. 
The Executive Director shall be compensated at a rate not to 
exceed the rate payable for Level V of the Executive Schedule 
under section 5136 of title 5, United States Code. The emplo)anent 
and termination of an Executive Director shall be subject to con-
firmation by a majority of the members of the Commission. 
(e) MEETINGS.— 
(1) ADMINISTRATION.—^All meetings of the Commission shall 
be open to the public, except that a meeting or any portion 
of it may be closed to the public if it concerns matters or 
information described in section 552b(c) of title 5, United States 
Code. 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 administer oaths 
or affirmations to any person appearing before it: 
Federal Register, 
(A) All open meetings of the Commission shall be pre-
publication, 
ceded by timely public notice in the Federal Register of 
the time, place, and subject of the meeting. 
Records. 
(B) Minutes of each meeting shall be kept and shall 
contain a record of the people present, a description 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 docu-
ments that were made available to or prepared for the 
Commission shall be available for public inspection and 
copying at a single location in the offices of the Commission. 
Public 
information. 
PUBLIC LAW 106-256—AUG. 7, 2000 
114 STAT. 647 
(2) INITIAL MEETING.—The Commission shall hold its first 
meeting within 30 days after all 16 members have been 
appointed. 
(3) REQUIRED PUBLIC MEETINGS.—^The Commission shall 
hold at least one public meeting in Alaska and each of the 
following regions of the United States: 
(A) The Northeast (including the Great Lakes). 
(B) The Southeast (including the Caribbean). 
(C) The Southwest (including Hawaii and the Pacific 
Territories). 
(D) The Northwest. 
(E) The Gulf of Mexico, 
(f) REPORT.— 
(1) IN GENERAL.—^Within 18 months after the establishment 
of the Commission, the Commission shall submit to Congress 
and the President a final report of its findings and recommenda-
tions regarding United States ocean policy. 
(2) REQUIRED MATTER.—^The final report of the Commission 
shall include the following assessment, reviews, and rec-
ommendations: 
(A) An assessment of existing and planned facilities 
associated with ocean and coastal activities including 
human resources, vessels, computers, satellites, and other 
appropriate platforms and technologies. 
(B) A review of existing and planned ocean and coastal 
activities of Federal entities, recommendations for changes 
in such activities necessary to improve efficiency and 
effectiveness and to reduce duplication of Federal efforts. 
(C) A review of the cumulative effect of Federal laws 
and regulations on United States ocean and coastal activi-
ties and resources and an examination of those laws and 
regulations for inconsistencies and contradictions that 
might adversely affect those ocean and coastal activities 
and resources, and recommendations for resolving such 
inconsistencies to the extent practicable. Such review shall 
also consider conflicts with State ocean and coastal manage-
ment regimes. 
(D) A review of the known and anticipated supply 
of, and demand for, ocean and coastal resources of the 
United States. 
(E) A review of and recommendations concerning the 
relationship between Federal, State, and local governments 
and the private sector in planning and carrying out ocean 
and coastal activities. 
(F) A review of opportunities for the development of 
or investment in new products, technologies, or markets 
related to ocean and coastal activities. 
(G) A review of previous and ongoing State and Federal 
efforts to enhance the effectiveness and integration of ocean 
and coastal activities. 
(H) Recommendations for any modifications to United 
States laws, regulations, and the administrative structure 
of Executive agencies, necessary to improve the under-
standing, management, conservation, and use of, and access 
to, ocean and coastal resources. 
(I) A review of the effectiveness and adequacy of 
existing Federal interagency ocean policy coordination 
Deadline. 
Alaska. 
Deadline. 
114 STAT. 648 
PUBLIC LAW 106-256—AUG. 7, 2000 
Federal Register, 
publication. 
President. 
33 u s e 857-19 
note. 
Deadline. 
Effective date. 
President. 
33 u s e 857-19 
and note. 
mechanisms, and recommendations for changing or 
improving the effectiveness of such mechanisms necessary 
to respond to or implement the recommendations of the 
Commission. 
(3) CONSIDERATION OF FACTORS.—In making its assessment 
and reviews and developing its recommendations, the Commis-
sion shall give equal consideration to environmental, technical 
feasibility, economic, and scientific factors. 
(4) LIMITATIONS.—^The recommendations of the Commission 
shall not be specific to the lands and waters within a single 
State. 
(g) PUBLIC AND COASTAL STATE REVIEW.— 
(1) NOTICE.—Before submitting the final report to the Con-
gress, the Commission shall— 
(A) publish in the Federal Register a notice that a 
draft report is available for public review; and 
(B) provide a copy of the draft report to the Governor 
of each coastal State, the Committees on Resources, 
Transportation and Infrastructure, and Science of the 
House of Representatives, and the Committee on Com-
merce, Science, and Transportation of the Senate. 
(2) INCLUSION OF GOVERNORS' COMMENTS.—^The Commis-
sion shall include in the final report comments received from 
the Governor of a coastal State regarding recommendations 
in the draft report. 
(h) ADMINISTRATIVE PROCEDURE FOR REPORT AND REVIEW.— 
Chapter 5 and chapter 7 of title 5, United States Code, do not 
apply to the preparation, review, or submission of the report 
required by subsection (e) or the review of that report under sub-
section if). 
(i) TERMINATION.—^The Commission shall cease to exist 30 days 
after the date on which it submits its final report. 
(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section a total of $6,000,000 
for the 3 fiscal-year period beginning with fiscal year 2001, such 
sums to remain available until expended. 
SEC. 4. NATIONAL OCEAN POLICY. 
(a) NATIONAL OCEAN POLICY.—^Within 120 days after receiving 
and considering the report and recommendations of the Commission 
under section 3, the President shall submit to Congress a statement 
of proposals to implement or respond to the Commission's rec-
ommendations for a coordinated, comprehensive, and long-range 
national policy for the responsible use and stewardship of ocean 
and coastal resources for the benefit of the United States. Nothing 
in this Act authorizes the President to take any administrative 
or regulatory action regarding ocean or coastal policy, or to imple-
ment a reorganization plan, not otherwise authorized by law in 
effect at the time of such action. 
(b) COOPERATION AND CONSULTATION.—In the process of devel-
oping proposals for submission under subsection (a), the President 
shall consult with State and local governments and non-Federal 
organizations and individuals involved in ocean and coastal activi-
ties. 
SEC. 5. BIENNIAL REPORT. 
Beginning in September, 2001, the President shall transmit 
to the Congress biennially a report that includes a detailed listing 
PUBLIC LAW 106-256—AUG. 7, 2000 
114 STAT. 649 
of all existing Federal programs related to ocean and coastal activi-
ties, including a description of each program, the current funding 
for the program, linkages to other Federal programs, and a projec-
tion of the funding level for the program for each of the next 
5 fiscal years beginning after the report is submitted. 
SEC. 6. DEFINITIONS. 
33 USC 857-19 
In this Act: 
(1) MARINE ENVIRONMENT.—^The term "marine environ-
ment" includes— 
(A) the oceans, including coastal and offshore waters; 
(B) the continental shelf; and 
(C) the Great Lakes. 
(2) OCEAN AND COASTAL RESOURCE.—^The term "ocean and 
coastal resource" means any living or non-living natural, his-
toric, or cultural resource found in the marine environment. 
(3) COMMISSION.—The term "Commission" means the 
Commission on Ocean Policy established by section 3. 
SEC 7. EFFECTIVE DATE. 
33 USC 857-19 
This Act shall become effective on January 20, 2001. 
Approved August 7, 2000. 
LEGISLATIVE HISTORY—S. 2327: 
SENATE REPORTS: No. 106-301 (Comm. on Commerce, Science, and Transpor-
tation). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
June 26, considered and passed Senate. 
July 25, considered and passed House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): 
Aug. 7, Presidential remarks and statement.