National Oceans Protection Act of 2005

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1224 Introduced in Senate (IS)]

109th CONGRESS
1st Session
S. 1224

To protect the oceans, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 9, 2005

Mrs. Boxer (for herself and Mr. Lautenberg) introduced the following
bill; which was read twice and referred to the Committee on
Commerce, Science, and TransportationYYYYYYYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

A BILL

To protect the oceans, 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; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``National Oceans
Protection Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Definitions.
TITLE I--NATIONAL OCEAN POLICY AND LEADERSHIP

Sec. 101. Short title.
Sec. 102. Purposes.
Sec. 103. Policy.
Subtitle A--National Oceanic and Atmospheric Administration

Sec. 111. Establishment.
Sec. 112. Functions and purposes.
Sec. 113. National Oceanic and Atmospheric Administration.
Sec. 114. Responsibilities of the Administrator.
Sec. 115. Powers of the Administrator.
Sec. 116. Enforcement.
Sec. 117. Regional capabilities.
Sec. 118. Intergovernmental coordination.
Sec. 119. International consultation and cooperation.
Sec. 120. Report on oceanic and atmospheric conditions and trends.
Sec. 121. Conforming amendments and repeals.
Sec. 122. Savings provision.
Sec. 123. Transition.
Subtitle B--Federal Coordination and Advice

Sec. 131. Council on Ocean Stewardship.
Sec. 132. Membership.
Sec. 133. Functions of Council.
Sec. 134. National priorities for coordination.
Sec. 135. Employees.
Sec. 136. Biennial report to Congress.
Sec. 137. Presidential Panel of Advisers on Oceans and Climate.
Sec. 138. Federal program recommendations.
Sec. 139. Implementation.
Sec. 140. No effect on other authorities.
Subtitle C--Ocean Conservation Certification

Sec. 151. Covered action defined.
Sec. 152. Certification.
Sec. 153. Review.
Sec. 154. Effect.
Sec. 155. Guidelines.
Sec. 156. Emergency exemption.
Sec. 157. Effective date.
Subtitle D--Offshore Governance

Sec. 161. Management and permitting of offshore uses for non-extractive
activities.
Sec. 162. Marine aquaculture.
Subtitle E--Ocean Science, Research, and Education Coordination

Sec. 171. Committee on Ocean Science, Education, and Operations.
Sec. 172. National strategy for ocean and coastal science.
Sec. 173. Ocean Research and Education Advisory Panel.
Sec. 174. Marine ecosystems research.
Sec. 175. Ocean ecosystem resource information systems.
Sec. 176. Funding for marine ecosystem research.
Sec. 177. Subcommittee on Ocean Education.
Sec. 178. Ocean and Coastal Education Program.
Sec. 179. Ocean Science and Technology Scholarship Program.
Sec. 180. Authorization of appropriations.
TITLE II--HABITAT MANAGEMENT

Subtitle A--Management of Coral Habitats

Sec. 201. Short title.
Sec. 202. Policy.
Sec. 203. Definitions.
Sec. 204. Mapping and research.
Sec. 205. Data review and recommendations.
Sec. 206. Coral study areas.
Sec. 207. Coral management areas.
Sec. 208. International protections for deep sea corals and sponges.
Sec. 209. Report to Congress.
Sec. 210. Authorization of appropriations.
Subtitle B--Protection of Essential Fish Habitat

Sec. 221. Contents of fishery management plans.
Sec. 222. Habitat protection program.
TITLE III--FISHERIES MANAGEMENT

Sec. 301. Amendment of Magnuson-Stevens Fishery Conservation and
Management Act.
Subtitle A--Ecosystem-Based Fisheries Management Objectives

Sec. 311. Purposes and policy.
Sec. 312. Definitions.
Sec. 313. National standards for fishery conservation and management.
Sec. 314. Contents of fishery management plans.
Sec. 315. Fisheries ecosystem plans.
Sec. 316. Authorization of appropriations.
Subtitle B--Bycatch Management

Sec. 321. Policy.
Sec. 322. Definitions.
Sec. 323. National standards for fishery conservation and management.
Sec. 324. Contents of fishery management plans.
Sec. 325. Other requirements and authority.
Sec. 326. Authorization of appropriations.
Subtitle C--Cetacean and Sea Turtle Conservation

Sec. 331. Short title.
Sec. 332. Purposes.
Sec. 333. Definitions.
Sec. 334. International agreements and standards.
Sec. 335. Research and development grants.
Sec. 336. Bycatch database.
Sec. 337. Authorization of appropriations.
Subtitle D--Individual Fishing Quotas

Sec. 341. Individual fishing quotas.
Sec. 342. Definitions.
Sec. 343. Action on limited access systems.
Subtitle E--Fisheries Science and Management

Sec. 351. Short title.
Sec. 352. Regional fishery management council committees and panels.
Sec. 353. Required provisions in fishery management plans.
Sec. 354. Peer review.
Sec. 355. Cooperative research, data collection, and gear modification
program.
Sec. 356. Amendments to Saltonstall-Kennedy Act.
TITLE IV--MARINE MAMMALS

Sec. 401. Emerging threats to marine mammals.
Sec. 402. National Ocean Noise Pollution Research Fund.
Sec. 403. Take reduction plans.
Sec. 404. Fisheries gear development to reduce bycatch.
Sec. 405. Clarification and expansion of fisheries required to
participate in the incidental take program
to better address marine mammal bycatch
associated with fishing.
Sec. 406. Conforming amendments to incidental take program.
Sec. 407. Authorizations for population stock assessments and observer
programs.
TITLE V--COASTAL HABITAT PROTECTION AND RESTORATION

Subtitle A--Coastal and Estuarine Land Protection

Sec. 501. Establishment of Coastal and Estuarine Land Protection
Program.
Sec. 502. Assistance from other agencies.
Subtitle B--Coastal Barrier Resources System

Sec. 511. Pacific coastal barriers.
Subtitle C--Community-Based Restoration Program for Fishery and Coastal
Habitats

Sec. 521. Establishment, purpose, and activities.
Sec. 522. Authorization of appropriations.
Subtitle D--National Flood Insurance Program

Sec. 531. Periodic updating of floodplain areas and flood risk zones.
Sec. 532. Criteria for land management and use.
Sec. 533. Losses from erosion and undermining of shorelines.
Sec. 534. Special updates of maps.
TITLE VI--OCEAN EDUCATION

Sec. 601. National Oceanic and Atmospheric Administration National
Office of Education.
Sec. 602. Amendment to the National Sea Grant College Program Act.
Sec. 603. National ocean awareness media campaign.
Sec. 604. Authorization of appropriations.
TITLE VII--NONINDIGENOUS AQUATIC NUISANCE PREVENTION

Subtitle A--Ballast Water Management

Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Ballast water management.
Sec. 704. Coast Guard report on other vessel-related vectors of
invasive species.
Subtitle B--Early Detection; Rapid Response; Control and Outreach

Sec. 711. Early detection.
Sec. 712. Rapid response.
Sec. 713. Dispersal barriers.
Sec. 714. Environmental soundness.
Sec. 715. Information, education, and outreach.
Subtitle C--Aquatic Invasive Species Research

Sec. 721. Ecological, pathway, and experimental research.
Sec. 722. Analysis.
Sec. 723. Vessel pathway standards research.
Sec. 724. Graduate education in systematics and taxonomy.
Subtitle D--Coordination

Sec. 731. Program coordination.
Sec. 732. International coordination.
Subtitle E--Authorization of Appropriations

Sec. 741. Authorization of appropriations.
Subtitle F--Conforming Amendments

Sec. 751. Conforming amendments.
TITLE VIII--CONTAMINATED SEDIMENTS

Sec. 801. Designation of sites.
Sec. 802. Sediment quality survey, monitoring, criteria, and standards.
Sec. 803. No preemption of State or local authority.
TITLE IX--OCEANS AND WATER QUALITY

Sec. 901. Water quality criteria and standards for discharges of
nutrients.
Sec. 902. Continuing planning processes for total maximum daily loads.
Sec. 903. Sanitary sewer overflows.
Sec. 904. Stormwater runoff from construction and development activity.
Sec. 905. Beach water testing.
Sec. 906. Agricultural best management practices.
Sec. 907. Grants to States for establishment of revolving funds.
Sec. 908. Authorization of appropriations for safe drinking water State
revolving fund.
Sec. 909. No preemption of State or local authority.
TITLE X--MISCELLANEOUS PROVISIONS

Sec. 1001. Citizen suits.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) Covering more than \2/3\ of the Earth's surface, the
oceans play a critical role in the global water cycle and in
regulating climate, sustain a large part of Earth's
biodiversity, provide an important source of food and a wealth
of other natural products, act as a frontier for scientific
exploration, are critical to national and economic security,
and provide a vital means of transportation. The coastal
regions of the United States have remarkably high biological
productivity and contribute approximately 50 percent of the
gross domestic product of the United States.
(2) The oceans and the atmosphere 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
atmosphere to provide the benefits upon which the Nation
depends. Changes in ocean and atmospheric processes could
affect global climate patterns, ecosystem productivity and
health, biodiversity, environmental quality, national security,
economic competitiveness, availability of energy, vulnerability
to natural hazards, and transportation safety and efficiency.
(3) Human pressure on ocean resources is drastically
increasing. Fifty percent of the population of the United
States lives within 50 miles of the coast. If population trends
continue as expected, coastal development and urbanization
impacts, which can be substantially greater than population
impacts alone, will present serious environmental, energy, and
water challenges and increase our vulnerability to coastal
hazards.
(4) Ocean resources are the property of the people of the
United States, are held in trust for them by Federal, State,
local, and tribal governments, and should be managed in a
precautionary manner to preserve the full range of their
benefits for present and future generations.
(5) A variety of threats and practices have caused dramatic
declines in the health and productivity of coastal and marine
ecosystems of the United States. Among the major threats to
marine ecosystem health are--
(A) chemical, nutrient, and biological pollution;
(B) bycatch of nontarget marine species;
(C) habitat damage;
(D) overfishing and use of destructive fishing
practices;
(E) unwise land use and coastal development;
(F) invasive species; and
(G) global climate change.
(6) These threats are exacerbated by the legal and
geographic fragmentation of authority over ocean space and
ocean resources.
(7) Activities harming coastal and marine ecosystems
jeopardize the economies and social structure of coastal
communities dependent on these resources.
(8) While there is a plethora of laws, government agencies,
and programs dealing with coastal resources and ocean
resources, activities thereunder are poorly coordinated and do
not constitute unified and comprehensive public policy toward
the oceans.
(9) Improving and coordinating Federal governance will
require close partnerships with States, taking into account
their public trust responsibilities, economic and ecological
interests in ocean resources, and the role of State and local
governments in implementation of ocean policies, and managing
use of coastal lands and ocean resources.
(10) Ecosystem-based management of coastal lands, oceans,
and marine resources to protect, maintain, and restore the
health of marine ecosystems requires a partnership between
Federal, State, local, and tribal governments.
(11) It is the continuing mission of the Federal Government
to create, foster, and maintain conditions, incentives, and
programs that will further and assure the sustainable and
effective conservation, management, and protection of the
oceans and atmosphere, in order to fulfill the responsibility
of each generation as trustee in protecting such resources and
ensuring that such resources will be available to meet the
needs of future generations of Americans.
(12) To better enable the various levels of government with
authority over coastal and ocean space, coastal resources, and
ocean resources to fulfill their public trust responsibilities,
a unified national oceans policy that is precautionary in
nature is needed to govern the range of human activities that
may significantly affect United States ocean waters and ocean
resources.

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
environmental, economic, educational, social, cultural, nutritional,
and recreational benefits of healthy marine ecosystems.

SEC. 4. DEFINITIONS.

In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of NOAA.
(2) Commission on ocean policy.--The term ``Commission on
Ocean Policy'' means the Commission on Ocean Policy established
by section 3 of the Oceans Act of 2000 (33 U.S.C. 857-19 note).
(3) Marine.--The term ``marine'' includes ocean waters.
(4) Marine ecosystem health.--The term ``marine ecosystem
health'' means the capability of a marine ecosystem to--
(A) support and maintain a productive and resilient
community of organisms that has a species composition,
biological diversity, and functional organization
comparable to the natural habitat of the region; and
(B) provide a range of goods and services to humans
and other species at levels and rates comparable to
those provided by a similar undisturbed ecosystem.
(5) NOAA.--The term ``NOAA'' means the National Oceanic and
Atmospheric Administration.
(6) Ocean and ocean waters.--The terms ``ocean'' and
``ocean waters'' include--
(A)(i) coastal areas;
(ii) the Great Lakes;
(iii) the seabed, subsoil, and waters of the
territorial sea of the United States;
(iv) the waters of the exclusive economic zone of
the United States;
(v) the waters of the high seas; and
(vi) the seabed and subsoil of and beyond the Outer
Continental Shelf marine environment; and
(B) the natural resources found in the areas
described in clauses (i) through (vi) of subparagraph
(A).
(7) Person.--The term ``person'' has the meaning given that
term by section 1 of title 1, United States Code, but also
means any State, political subdivision of a State, or agency or
officer thereof.
(8) Secretary.--Except as otherwise provided in this Act,
the term ``Secretary'' means the Secretary of Commerce.
(9) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, or any
other Commonwealth, territory, or possession of the United
States.

TITLE I--NATIONAL OCEAN POLICY AND LEADERSHIP

SEC. 101. SHORT TITLE.

This title may be cited as the ``Ernest `Fritz' Hollings National
Ocean Policy and Leadership Act''.

SEC. 102. PURPOSES.

The purposes of this title are--
(1) to set forth a national policy relating to oceans and
atmosphere, and, through an organic act, formally to establish
the National Oceanic and Atmospheric Administration as the lead
Federal agency concerned with ocean and atmospheric matters;
(2) to establish in the National Oceanic and Atmospheric
Administration, by statute, the authorities, functions, and
powers relating to the conservation, management, and protection
of the oceans and atmosphere which have previously been
established by statute or reorganization plan;
(3) to set forth the duties and responsibilities of the
Administration, and the principal officers of the
Administration;
(4) to establish a mechanism for Federal leadership and
coordinated action on national ocean and atmospheric priorities
that are essential to the economic and environmental security
of the United States; and
(5) to enhance Federal partnerships with the State and
local governments with respect to ocean activities, include
management of ocean resources and identification of appropriate
opportunities for policymaking and decisionmaking at the State
and local level.

SEC. 103. POLICY.

It is the policy of the United States to establish and maintain for
the benefit of the United States a coordinated, comprehensive, and
long-range national program of ocean and atmospheric research,
conservation, management, education, monitoring, and assessment that
will--
(1) recognize the linkage of ocean, land, and atmospheric
systems, including the linkage of those systems with respect to
climate change;
(2) protect life and property against natural and manmade
hazards, including protection through weather and marine
forecasts and warnings;
(3) protect, maintain, and restore the long-term health,
productivity, and diversity of the ocean environment, including
its natural resources and to prevent pollution of the ocean
environment;
(4) ensure responsible and sustainable use of fishery
resources and other ocean and coastal resources held in the
public trust, using ecosystem-based management and a
precautionary and adaptive approach;
(5) assure sustainable coastal development based on
responsible State and community management and planning, and
reflecting the economic and environmental values of ocean
resources;
(6) develop improved scientific information and use of the
best scientific information available to make decisions
concerning natural, social, and economic processes affecting
ocean and atmospheric environments;
(7) enhance sustainable ocean-related and coastal-dependent
commerce and transportation, balancing multiple uses of the
ocean environment;
(8) provide for continued investment in and improvement of
technologies for use in ocean and climate-related activities,
including investments and technologies designed to promote
national economic, environmental, and food security;
(9) expand human knowledge of marine and atmospheric
environments and ecosystems, including the role of the oceans
in climate and global environmental change, the
interrelationships of ocean health and human health, and the
advancement of education and training in fields related to
ocean, coastal, and climate-related activities;
(10) facilitate a collaborative approach that encourages
the participation of a diverse group of stakeholders and the
public in ocean and atmospheric science and policy, including
persons from under-represented groups;
(11) promote close cooperation among all government
agencies and departments, academia, nongovernmental
organizations, private sector and stakeholders based on this
policy to ensure coherent, accountable, and effective planning,
regulation, and management of activities affecting oceans and
atmosphere, including climate;
(12) promote governance and management of the United States
ocean resources through a partnership of the Federal Government
with States, territories, and Commonwealths that reflects their
public trust responsibilities and interest in ocean
environmental, cultural, historic, and economic resources; and
(13) preserve the role of the United States as a global
leader in ocean, atmospheric, and climate-related activities,
and the cooperation in the national interest by the United
States with other nations and international organizations in ocean and
climate-related activities.

Subtitle A--National Oceanic and Atmospheric Administration

SEC. 111. ESTABLISHMENT.

There is established an agency which shall be known as the National
Oceanic and Atmospheric Administration, which shall be the civilian
agency principally responsible for providing oceanic, weather, and
atmospheric services and supporting research, conservation, management,
and education to the nation. The National Oceanic and Atmospheric
Administration established under this Act shall succeed the National
Oceanic and Atmospheric Administration established on October 3, 1970,
in Reorganization Plan No. 4 of 1970 and shall continue the activities
of that agency as it was in existence on the day before the effective
date of this Act.

SEC. 112. FUNCTIONS AND PURPOSES.

(a) In General.--NOAA shall be responsible for the following
functions, through which it shall carry out the policy of this Act in a
coordinated, integrated, and ecosystem-based manner for the benefit of
the United States:
(1) Management, conservation, protection, and restoration
of ocean resources, including living marine resources, habitats
and ocean ecosystems.
(2) Observation, monitoring, assessment, forecasting,
prediction, operations and exploration for ocean and
atmospheric environments including weather, climate, navigation
and marine resources.
(3) Research, education and outreach, technical assistance,
and technology development and innovation activities relating
to ocean and atmospheric environments including basic
scientific research and activities that support other agency
functions and missions.
(b) Transfer of Functions.--There shall be transferred to the
Administrator any authority established by law that, before the date of
enactment of this Act, was vested in the Secretary of Commerce and
pertains to the functions, responsibilities, or duties of NOAA under
subsection (a).

SEC. 113. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

(a) Administrator.--
(1) Appointment.--NOAA shall be administered by the
Administrator, who shall be appointed by the President, by and
with the advice and consent of the Senate.
(2) Compensation.--The Administrator shall be compensated
at the rate provided for level II of the Executive Schedule
under section 5314 of title 5, United States Code.
(3) Qualifications.--The Administrator shall have a broad
background, professional knowledge, and substantial experience
in oceanic or atmospheric affairs, including any field relating
to marine or atmospheric science and technology, biological
sciences, engineering, as well as education, economics,
governmental affairs, planning, law, or international affairs.
(4) Authority.--The Administrator shall carry out all
functions transferred to the Administrator by this Act and
shall have authority and control over all personnel, programs,
and activities of NOAA.
(b) Deputy Administrator.--There shall be a Deputy Administrator,
who shall be appointed by the President, by and with the advice and
consent of the Senate, based on the individual's professional
qualifications and without regard to political affiliation. The Deputy
Administrator shall have a broad background, professional knowledge,
and substantial experience in oceanic or atmospheric policy or
programs, including science, technology, and education. The Deputy
Administrator shall serve as an adviser to the Administrator on program
and policy issues, including crosscutting program areas such as
research, technology, and education and shall perform such functions
and exercise such powers as the Administrator may prescribe. The Deputy
Administrator shall act as Administrator during the absence or
disability of the Administrator in the event of a vacancy in the office
of Administrator. The Deputy Administrator shall be the Administrator's
first assistant for purposes of subchapter III of chapter 33 of title
5, United States Code, and shall be compensated at the rate provided
for level IV of the Executive Schedule under section 5315 of title 5,
United States Code.
(c) Associate Administrator for Ocean Management and Operations.--
There shall be in NOAA an Associate Administrator for Ocean Management
and Operations, who shall be appointed by the President, by and with
the advice and consent of the Senate. The Associate Administrator for
Ocean Management and Operations shall have a broad background,
professional knowledge, and substantial experience in oceanic or
atmospheric policy or programs, and shall perform such duties and
exercise such powers as the Administrator shall from time to time
designate. The Associate Administrator shall be compensated at the rate
provided for level V of the Executive Schedule under section 5315 of
title 5, United States Code.
(d) Associate Administrator for Climate and Atmosphere.--There
shall be in NOAA an Associate Administrator for Climate and Atmosphere,
who shall be appointed by the President, by and with the advice and
consent of the Senate. The Associate Administrator for Climate and
Atmosphere shall have a broad background, professional knowledge, and
substantial experience in oceanic or atmospheric policy or programs,
and shall perform such duties and exercise such powers as the
Administrator shall from time to time designate. The Associate
Administrator shall be compensated at the rate provided for level V of
the Executive Schedule under section 5315 of title 5, United States
Code.
(e) Chief Operating Officer.--There shall be a Chief Operating
Officer of NOAA, who shall assume the responsibilities held by the
Deputy Undersecretary of Commerce prior to enactment of this Act. The
Chief Operating Officer shall be responsible for ensuring the timely
and effective implementation of NOAA's purposes and authorities and
shall provide resource, budget, and management support to the Office of
the Administrator. The Chief Operating Officer shall be responsible for
all aspects of NOAA operations and management, including budget,
financial operations, information services, facilities, human
resources, procurements, and associated services. The Chief Operating
Officer shall be a Senior Executive Service position authorized under
section 3133 of title 5, United States Code.
(f) Assistant Administrators.--There shall be in NOAA at least 3,
but no more than 4, Assistant Administrators. The Assistant
Administrators shall perform such programmatic and policy functions as
the Administrator shall from time to time assign or delegate, and shall
have background, professional knowledge, and substantial experience in
1 or more of the following aspects of ocean and atmospheric affairs:
(1) Resource management, protection, and restoration.
(2) Operations, forecasting, and services (including
weather and climate).
(3) Science, technology, and education.
(g) General Counsel.--There shall be in NOAA a General Counsel
appointed by the President upon recommendation by the Administrator.
The General Counsel shall serve as the chief legal officer for all
legal matters which may arise in connection with the conduct of the
functions of NOAA.
(h) Commissioned Officers.--
(1) The Administrator shall designate an officer or
officers to be responsible for oversight of NOAA's vessel and
aircraft fleets and for the administration of NOAA's
commissioned officer corps under section 228 of the National
Oceanic and Atmospheric Administration Commissioned Officer
Corps Act of 2002 (33 U.S.C. 3028).
(2) The Commissioned Officer Corps of the National Oceanic
and Atmospheric Administration established by Reorganization
Plan No. 4 of October 3, 1970, is the Commissioned Officer
Corps of NOAA established under this Act.
(3) All statutes that applied to officers of the
Commissioned Officers Corps of NOAA on the day before the date
of enactment of this Act apply to officers of the Corps on and
after such date.
(4) There are authorized to be on the lineal list of the
Commissioned Officers Corps of NOAA at least 350 officers, plus
any additional officers necessary to support NOAA's missions
and the operation and maintenance of NOAA's ships and aircraft.
(5) The President may appoint in NOAA, by and with the
advice and consent of the Senate, 2 commissioned officers to
serve at any one time as the designated heads of 2 principal
constituent organizational entities of NOAA, or the President
may designate 1 such officer as the head of such an
organizational entity and the other as the head of the
commissioned corps of NOAA. Any such designation shall create a
vacancy on the active list and the officer while serving under
this subsection shall have the rank, pay, and allowances of a
rear admiral (upper half).
(6) Any commissioned officer of NOAA who has served under
paragraph (5) and is retired while so serving or is retired
after the completion of such service while serving in a lower
rank or grade, shall be retired with the rank, pay, and
allowances authorized by law for the highest grade and rank
held by him, but any such officer, upon termination of his
appointment in a rank above that of captain, shall, unless
appointed or assigned to some other position for which a higher
rank or grade is provided, revert to the grade and number he
would have occupied had he not served in a rank above that of
captain and such officer shall be an extra number in that
grade.
(i) Naval Deputy.--The Secretary of the Navy may detail a Naval
Deputy to the Administrator. This position shall be filled on an
additional duty basis by the Oceanographer of the Navy. The Naval
Deputy shall--
(1) act as a liaison between the Administrator and the
Secretary of the Navy in order to avoid duplication between
Federal oceanographic and atmospheric activities; and
(2) ensure coordination and joint planning by NOAA and the
Navy on research, meteorological, oceanographic, and geospatial
information services and programs of mutual organizational
interest.

SEC. 114. RESPONSIBILITIES OF THE ADMINISTRATOR.

In addition to administering and carrying out all activities,
programs, functions and duties, and exercising those powers, that are
assigned, delegated, or transferred to the Administrator by this Act,
any other statute, or the President, the responsibilities of the
Administrator include--
(1) management, conservation, protection, and restoration
of ocean resources, including--
(A) living marine resources (including fisheries,
vulnerable species and habitats, and marine
biodiversity);
(B) ocean areas (including marine sanctuaries,
estuarine reserves, and other managed areas);
(C) marine aquaculture;
(D) protection of ocean environments from threats
to human and ecosystem health, including pollution and
invasive species;
(E) sustainable management, beneficial use,
protection, and development of coastal regions; and
(F) mitigation of impacts of natural and manmade
hazards including climate change;
(2) partnering with and supporting State and local
communities in undertaking management, conservation,
protection, and restoration of ocean resources described in
paragraph (1);
(3) observation, analysis, processing, and communication of
comprehensive data and information concerning the State of--
(A) the upper and lower atmosphere;
(B) the oceans and resources thereof; and
(C) the Earth and near space environment;
(4) collection, storage, analysis, and provision of
reliable scientific information relating to weather (including
space weather), climate, air quality, water, navigation, marine
resources, and ecosystems that can be used as a basis for sound
management, policy, and public safety decisions;
(5) broadly based data, observing, monitoring, and
information activities, programs and systems relating to
oceanic and atmospheric monitoring and prediction, weather
forecasting, and storm warning, including satellite-based and
in-situ data collection and associated services;
(6) weather forecasting, storm warnings, and other
responsibilities of the Secretary of Commerce and the National
Weather Service under Reorganization Plan No. 2 of 1965,
Reorganization Plan No. 4 of 1970, sections 3 and 4 of the Act
of October 1, 1890 (15 U.S.C. 312 and 313) and the Weather
Service Modernization Act (15 U.S.C. 313 note), and all other
statutes, rules, plans, and orders in pari materia;
(7) providing navigation and assessment operations and
services, including maps and charts for the safety of marine
and air navigation, maintaining a network of geographic
reference coordinates for geodetic control, and observing,
charting, mapping, and measuring the marine environment and
ocean resources;
(8) developing and improving geodetic and mapping methods
and studies of geophysical phenomena such as crustal movement,
Earth tides, and ocean circulation, including estuarine areas;
(9) collecting, disseminating, and maintaining on a
continuing basis information relating to the status, trends,
health, use, and protection of the oceans and the atmosphere,
to all interested parties, including through an integrated
ocean observing system and national and regional ecosystem-
based information management systems;
(10) administering, operating, and maintaining satellite
and in-situ systems that can monitor global and regional
atmospheric weather conditions, climate and related oceanic,
solar, hydrological, and other environmental conditions,
collect information required for research on weather, climate,
and related environmental matters, and monitor the extent of
human-induced changes in the lower and upper atmosphere and the
related environment;
(11) collecting, analyzing, and disseminating environmental
information, in support of environmental research and
development, including data in the fields of climatology,
atmospheric sciences, oceanography, biology, geology,
geophysics, solar-terrestrial relationships, and the
relationship among oceans, climate, and human health;
(12) undertaking a comprehensive, integrated, and
ecosystem-based program of ocean, climate, and atmospheric
research related to, and supportive of the missions of NOAA and
which uses research products, new findings, and methodologies
to develop the most current scientific advice for ecosystem-
based management;
(13) conducting environmental research and development
activities that are necessary to advance the United States
ocean, atmospheric, engineering and technology expertise,
including the development and operation of observing platforms
such as ships, aircraft, satellites, data buoys, manned or
unmanned research submersibles, underwater laboratories or
platforms, and improved instruments and calibration methods,
and the advancement of undersea diving techniques;
(14) conducting a continuing program of ocean exploration,
discovery and conservation of significant undersea resources,
including cultural resources, to benefit, inform, and inspire
the people of the United States, including communication of
such knowledge to policymakers and the public;
(15) developing and implementing, in cooperation with other
agencies and entities as appropriate, national ocean and
atmospheric education, technical assistance, extension
services, and outreach programs designed to increase literacy
concerning ocean and atmospheric issues, develop a diverse work
force, and enhance stewardship of ocean and atmospheric
resources and environments;
(16) ensuring the execution and implementation of national
ocean, atmospheric, and environmental policy goals through a
variety of ocean and atmospheric programs;
(17) undertaking activities involving the integration of
domestic and international policy relating to the oceans and
the atmosphere, including the provision of technical advice to
the President on international negotiations involving ocean
resources, ocean technologies, and climate matters;
(18) providing for, encouraging, and assisting public
participation in the development and implementation of ocean
and atmospheric policies and programs;
(19) conducting, supporting, and coordinating efforts to
enhance public awareness of NOAA, its purposes, programs,
activities and the results thereof, including education and
outreach to the public, teachers, students, and ocean resource
managers;
(20) partnering with other government agencies, States,
academia, and the private sector, via cooperative agreements or
other formal or informal arrangements, to improve the
acquisition of data and information and the implementation of
management, monitoring, research, exploration, education, and
other programs;
(21) partnering with other Federal agencies and with States
and communities to address the issues of land-based activities
and their impact on the ocean environment; and
(22) coordination with other Federal agencies having
related responsibilities.

SEC. 115. POWERS OF THE ADMINISTRATOR.

(a) Delegation.--Unless otherwise prohibited by law or reserved by
the Secretary of Commerce, the responsibilities of the Administrator
may be delegated by the Administrator to other officials in NOAA, and
may be redelegated as authorized by the Administrator.
(b) Regulations.--The Administrator is authorized to issue, amend,
and rescind such rules and regulations as are necessary or appropriate
to carry out the responsibilities and functions of the Administrator.
The promulgation of such rules and regulations shall be governed by the
provisions of chapter 5 of title 5, United States Code.
(c) Contracts.--The Administrator is authorized, without regard to
section 3324(a) and (b) of title 31, United States Code, to enter into
and perform such contracts, leases, grants, cooperative agreements, or
other transactions (without regard to chapter 63 of title 31, United
States Code), as may be necessary to carry out NOAA's purposes and
authorities, on terms the Administrator deems appropriate, with Federal
agencies, instrumentalities, and laboratories, State and local
governments, including territories or possessions, Native American
tribes and organizations, international organizations, foreign
governments, educational institutions, nonprofit organizations,
commercial organizations, and other public and private persons or
entities.
(d) Gifts and Donations.--
(1) In general.--Notwithstanding section 1342 of title 31,
United States Code, and subject to such conditions and
covenants the Administrator deems appropriate, the
Administrator is authorized to accept, hold, administer, and
utilize--
(A) gifts, bequests or donations of services, money
or property, real or personal (including patents and
rights thereunder), mixed, tangible or intangible, or
any interest therein;
(B) contributions of funds; and
(C) funds from Federal agencies, instrumentalities,
and laboratories, State and local governments, Native
American tribes and organizations, international
organizations, foreign governments, educational
institutions, nonprofit organizations, commercial
organizations, and other public and private persons or
entities.
(2) Use, obligation, and expenditure.--The Administrator
may use property and services accepted by NOAA under paragraph
(1) to carry out the mission and purposes of NOAA. Amounts
accepted by NOAA under paragraph (1) shall be available for
obligation by NOAA, and be available for expenditure by NOAA to
carry out mission and purposes of NOAA.
(e) Facilities and Personnel.--The Administrator may use, with
their consent, and with or without reimbursement, the services,
equipment, personnel, and facilities of Federal agencies,
instrumentalities and laboratories, State and local governments, Native
American tribes and organizations, international organizations, foreign
governments, educational institutions, nonprofit organizations,
commercial organizations, and other public and private persons or
entities.
(f) Information.--The Administrator shall provide for the most
practicable and widest appropriate dissemination of information
concerning NOAA, its purposes, programs, activities and the results
thereof, including authority to conduct education, technical assistance
and outreach to the public, teachers, students, and ocean and coastal
resource managers.
(g) Acquisition and Construction.--The Administrator may--
(1) acquire (by purchase, lease, condemnation, or
otherwise), lease, sell, or convey, services, money or
property, real or personal (including patents and rights
thereunder), mixed, tangible or intangible, or any interest
therein; and
(2) construct, improve, repair, operate, maintain or
dispose of real or personal property, including buildings,
facilities, and land.

SEC. 116. ENFORCEMENT.

(a) Authority.--The Administrator shall have the authority to
enforce the applicable provisions of any Act, the enforcement of which
is, in whole or in part, assigned, delegated, or transferred to the
Administrator, and any term of a license, permit, regulation, or order
issued pursuant thereto. The Administrator may designate any person,
officer, or agency to exercise the authority of the Administrator under
this title.
(b) Use of State Personnel.--
(1) In general.--The Administrator may--
(A) utilize by agreement, with or without
reimbursement, the personnel, services, and facilities
of any State agency to the extent the Administrator
deems it necessary and appropriate for effective
enforcement of any law for which the Administrator has
enforcement authority; and
(B) designate such personnel to exercise the
enforcement authority of the Administrator under
subsection (a).
(2) Status and powers.--Any personnel designated by the
Administrator under paragraph (1)(B)--
(A) shall not be deemed to be Federal employees
(except as provided in subparagraph (D)) and shall not
be subject to the provisions of law relating to Federal
employment, including those relating to hours of work,
competitive examination, rates of compensation, and
Federal employee benefits, but may be considered to be
eligible for compensation for work-related injuries
under subchapter III of chapter 81 of title 5, United
States Code, sustained while acting pursuant to such
designation;
(B) shall be considered to be investigative or law
enforcement officers of the United States for purposes
of the tort claim provisions of title 28, United States
Code;
(C) may, to the extent specified by the
Administrator, search, seize, arrest, and exercise any
other law enforcement functions or authorities
described in this title where such authorities are made
applicable by this or other law to employees, officers,
or other persons designated or employed by the
Administrator; and
(D) shall be considered to be officers or employees
of the Department of Commerce for purposes of sections
111 and 1114 of title 18, United States Code.
(c) Cooperative Enforcement Agreements.--The Administrator may
enter into cooperative agreements with State authorities to ensure
coordinated enforcement of State and Federal laws and by such
agreements assume enforcement authority under State law when the
Administrator and State authorities deem it to be appropriate. When so
authorized, the Administrator or the Administrator's designee may
function as a State law enforcement officer within the scope of the
delegation, except that Federal law shall control the resolution of any
conflict concerning the employee status of any Federal officer while
enforcing State law.

SEC. 117. REGIONAL CAPABILITIES.

The Administrator shall--
(1) organize agency activities and programs around common
eco-regional boundaries identified through a process
established by the Council on Ocean Stewardship, based upon
recommendations contained in the report of the Commission on
Ocean Policy, so as to--
(A) enhance inter- and intra-agency cooperation;
(B) maximize Federal capabilities in such region;
(C) develop coordinated, ecosystem-based management
and research programs;
(D) develop research partnerships with States and
academia;
(E) substantially improve the ability of the public
to contact and work with all relevant Federal agencies;
and
(F) maximize opportunities to work in partnership
with States in order to facilitate eco-regional
management and enhance State and local capacity to
manage issues on an eco-regional basis;
(2) work with other Federal agencies, including the
Environmental Protection Agency, the United States Fish and
Wildlife Service, U.S. Army Corps of Engineers, and State
agencies to--
(A) encourage similar eco-regional organization
and, if appropriate, co-location of related programs
and facilities to achieve goals of paragraph (1); and
(B) in planning and implementing eco-regional
activities to encourage early cooperation,
coordination, and integration across the Federal
agencies and with relevant State programs, and to
assure applicable Federal and State ocean policies; and
(3) NOAA shall in consultation with the States, develop
regional information programs as recommended by the Commission
on Ocean Policy, including--
(A) coordinated research strategies;
(B) integrated ocean and atmospheric monitoring and
observation activities; and
(C) establishment of service centers and
coordinators to support development of innovative
tools, technologies, training, and technical assistance
to facilitate the implementation of ecosystem-based
management.

SEC. 118. INTERGOVERNMENTAL COORDINATION.

(a) Avoidance of Duplicative Requirements.--In administering the
provisions of this Act, the Administrator shall consult and coordinate
with the head of any Federal department or agency having authority to
issue any license, lease, or permit to engage in an activity relation
to the functions of the Administrator for purposes of assuring that
inconsistent or duplicative requirements are not imposed upon any
applicant for or holder of any such license, lease, or permit.
(b) Avoidance of Inconsistent and Conflicting Activities and
Policies.--To identify and resolve inconsistent or conflicting Federal
oceanic and atmospheric activities and policies, the Administrator
shall--
(1) consult and coordinate with the head of any Federal
department or agency on the activities and policies of that
department or agency related to the functions of the
Administrator;
(2) request of the head of any Federal department or agency
clarification and justification of those activities and
policies that the Administrator determines are inconsistent or
conflicting with his functions; and
(3) issue, as the Administrator deems appropriate, reports
to the President, the Council on Ocean Stewardship, the head of
any Federal department or agency, and to Congress concerning
inconsistent or conflicting activities and policies of any
Federal department or agency relating to ocean and atmospheric
activities, including recommendations on how to reconcile
inconsistent and conflicting Federal oceanic and atmospheric
activities and policies throughout the Federal Government.
(c) Consultation With Administrator.--The head of any Federal
department or agency and all other Federal officials having
responsibilities related to the functions of the Administrator shall
consult with the Administrator when the subject matter of action or
activities described in this Act are directly involved, to assure that
all such activities are well coordinated.
(d) Coordination With States.--The Administrator shall ensure that
NOAA programs work with the States (including territories and
possessions) to encourage early cooperation, coordination, and
integration of State and Federal ocean and atmospheric programs,
including planning and implementing eco-regional activities.
(e) Office of Intergovernmental Affairs.--The Administrator shall
establish an office of intergovernmental affairs to assist in
implementing this section and to facilitate planning of joint programs
between NOAA line offices and other Federal agencies, including the
Department of Defense.

SEC. 119. INTERNATIONAL CONSULTATION AND COOPERATION.

(a) Cooperation With Secretary of State.--The Administrator shall
cooperate to the fullest practicable extent with the Secretary of State
in providing representation at all meetings and conferences relating to
actions or activities described in this Act in which representatives of
the United States and foreign countries participate.
(b) Consultation With Administrator.--The Secretary of State and
all other officials having responsibilities for agreements, treaties,
or understanding with foreign nations and international bodies shall
consult with the Administrator when the subject matter or activities
described in this Act are involved, with a view to assuring that such
interests are adequately represented.

SEC. 120. REPORT ON OCEANIC AND ATMOSPHERIC CONDITIONS AND TRENDS.

Not later than 12 months after the date of enactment of this Act,
and biennially thereafter, the Administrator shall, in consultation
with relevant Federal and State agencies, submit to Congress a report
on--
(1) the status and condition of the United States ocean
and atmospheric environments (including with respect to climate
change);
(2) current and foreseeable trends in the quality,
management and utilization of such environments; and
(3) the effects of those trends on the social, economic,
ecological, and other requirements of the United States.

SEC. 121. CONFORMING AMENDMENTS AND REPEALS.

(a) Reorganization Plan No. 4.--Reorganization Plan No. 4 of 1970
(5 U.S.C. App.) is repealed.
(b) References to NOAA.--Any reference to the National Oceanic and
Atmospheric Administration, the Under Secretary of Commerce for Oceans
and Atmosphere (either by that title or by the title of the
Administrator of NOAA), or any other official of the National Oceanic
and Atmospheric Administration, in any law, rule, regulation,
certificate, directive, instruction, or other official paper in force
on the effective date of this Act shall be deemed to refer and apply to
the National Oceanic and Atmospheric Administration established in this
Act, or the position of Administrator established in this Act,
respectively.
(c) References to NOAA as Within the Department of Commerce.--
(1) Section 407 of Public Law 99-659 (15 U.S.C. 1503b) is
repealed.
(2) Section 12 of the Act of February 14, 1903 (15 U.S.C.
1511) is amended by striking paragraph (1) and redesignating
paragraphs (2) through (6) as paragraphs (1) through (5),
respectively.
(d) Conforming Amendment to Title 5.--Section 5315 of title 5,
United States Code, is amended by striking ``Assistant Secretaries of
Commerce (11).'' and inserting ``Assistant Secretaries of Commerce
(10).''.

SEC. 122. SAVINGS PROVISION.

All rules and regulations, determinations, standards, contracts,
certifications, authorizations, appointments, delegations, results and
findings of investigations, or other actions duly issued, made, or
taken by or pursuant to or under the authority of any statute which
resulted in the assignment of functions or activities to the Secretary,
the Department of Commerce, the Under Secretary, the Administrator or
any other officer of NOAA, in effect immediately before the date of
enactment of this Act shall continue in full force and effect after the
date of enactment of this Act until modified or rescinded.

SEC. 123. TRANSITION.

(a) Effective Date.--The provisions of title II of this Act shall
become effective 2 years from the date of enactment of this Act.
(b) Reorganization.--The Administrator of NOAA, in consultation
with the Assistant Administrator for Program Planning and Integration,
shall no later than 18 months after the date of enactment of this Act,
submit a plan and budget proposal to Congress setting forth a proposal
for program and agency reorganization that will--
(1) meet the requirements of title II;
(2) reflect the recommendations of the Commission on Ocean
Policy, particularly with respect to ecosystem-based science
and management and additional budgetary requirements; and
(3) provide integrated oceanic and atmospheric programs and
services for the benefit of the Nation.

Subtitle B--Federal Coordination and Advice

SEC. 131. COUNCIL ON OCEAN STEWARDSHIP.

There is established in the Executive Office of the President a
Council on Ocean Stewardship.

SEC. 132. MEMBERSHIP.

(a) Membership.--The Council shall be composed of at least 3 but no
more than 5 members who shall be appointed by the President to serve at
the pleasure of the President, by and with the advice and consent of
the Senate.
(b) Chairman.--The President shall designate 1 of the members of
the Council to serve as Chairman.
(c) Qualifications.--Each member shall be a person who, as a result
of training, experience, and attachments, is exceptionally well
qualified--
(1) to analyze and interpret ocean and atmospheric trends
and information of all kinds;
(2) to appraise programs and activities of the Federal
Government in the light of the policy set out in section 103;
(3) to be conscious of and responsive to the scientific,
environmental, ecosystem, economic, social, aesthetic and
cultural needs and interests of the United States; and
(4) to formulate and recommend national policies to promote
the improvement and the quality of the ocean and atmospheric
environments, including as those environments relate to
practices on land.

SEC. 133. FUNCTIONS OF COUNCIL.

(a) Coordination and Advice.--The Council--
(1) shall coordinate ocean and atmospheric activities among
Federal agencies and departments, particularly focusing on the
policy set out in section 103 and national priorities
identified in section 134, while minimizing duplication,
including ensuring other ocean-related agencies work together
at the operation, program, and research levels in cooperation
with NOAA;
(2) shall provide a forum for improving Federal interagency
planning, budget and program coordination, administration,
outreach, and cooperation on such programs and activities;
(3) shall ensure that all Federal agencies engaged in ocean
and atmospheric activities adopt and implement the principle of
ecosystem-based management and take necessary steps to improve
regional coordination and delivery of services around common
eco-regional boundaries;
(4) shall review and evaluate the various programs and
activities of the Federal Government in light of the policy set
out in section 103 and national priorities identified in
section 134 for the purpose of determining the extent to which
such programs and activities are effective and contributing to
the achievement of such policy and the overall health of ocean
and atmospheric environment, including marine ecosystems;
(5) shall conduct an annual review and analysis of funding
proposed for ocean and atmospheric research and management in
all Federal agency budgets, and provide budget recommendations
to the President, the agencies, and the Office of Management
and Budget that will achieve the policies set out in section
103 and address the national priorities identified in section
134, improve coordination, cooperation, and effectiveness of
such activities, eliminate unnecessary overlap, and identify
areas of highest priority for funding and support;
(6) shall identify progress made by Federal ocean and
atmospheric programs toward achieving the goals of--
(A) providing more effective protection and
restoration of marine ecosystems;
(B) improving predictions of climate change and
variability (weather), including their effects on
coastal communities and the nation;
(C) improving the safety and efficiency of marine
operations;
(D) more effectively mitigating the effects of
natural hazards;
(E) reducing public health risks from ocean and
atmospheric sources;
(F) ensuring sustainable use of resources; and
(G) improving national and homeland security;
(7) shall promote efforts to increase and enhance
partnerships with coastal and Great Lakes States and other non-
federal entities to support enhanced regional research,
resource and hazards management, education and outreach, and
marine ecosystem protection, maintenance, and restoration;
(8) shall identify statutory and regulatory redundancies or
omissions and develop strategies to resolve conflicts, fill
gaps, and address new and emerging ocean and atmospheric issues
for national and regional benefit;
(9) shall emphasize the development and support of
partnerships among government agencies and nongovernmental
organizations, academia, and the private sector including
regional partnerships;
(10) shall expand research, education, and outreach efforts
by all Federal agencies undertaking ocean and atmospheric
activities; and
(11) may establish a Federal Coordinating Committee on
Oceans, chaired by the Council chairman, to carry out the
coordination of ocean and atmospheric programs and priorities
required under this title.
(b) Consultation.--In exercising its powers, functions, and duties
under this title, the Council shall--
(1) consult with the Administrator and with the
Presidential Panel of Advisers on Oceans and Climate
established under this Act to ensure input from potentially
affected States, territories, and Commonwealths, the public and other
stakeholders;
(2) work in close consultation and cooperation with the
Council on Environmental Quality, the Office of Science and
Technology Policy, the Council of Economic Advisers, and other
offices within the Executive Office of the President;
(3) utilize the expertise and coordinating capabilities of
the National Ocean Science Committee (and any ocean-related
committees formed under the Council) with respect to ocean and
atmospheric science, technology, and education matters,
including development of a national research strategy; and
(4) utilize, to the fullest extent possible, the services,
facilities, and information (including statistical information)
of public and private agencies and organization, and
individuals, in order that duplication of effort and expense
may be avoided, thus assuring that the Council's activities
will not unnecessarily overlap or conflict with similar
activities authorized by law and performed by NOAA and other
established agencies.
(c) Reviews and Reports.--The Council shall--
(1) prepare the biennial report required by section 136;
and
(2) make and furnish such studies, reports thereon, and
recommendations with respect to matters of policy and
legislation as the President may request.

SEC. 134. NATIONAL PRIORITIES FOR COORDINATION.

The Council, in coordination with the National Ocean Science
Committee, shall ensure that the Federal agencies conducting ocean and
atmospheric activities give the following areas priority attention and
develop coordinated Federal budgets, programs, and operations that will
minimize duplication and foster improved services and other benefits to
the United States:
(1) Prevention, management and control of nonpoint source
pollution including regional or watershed strategies.
(2) An integrated ocean and coastal observing system and an
associated Earth observing system.
(3) Ecosystem-based management, protection, and restoration
of ocean and atmospheric resources and environments, including
management-oriented research, technical assistance and
organization of programs and activities along common eco-
regional boundaries.
(4) Ocean education and outreach.
(5) Regionally based coastal land protection, conservation,
maintenance, and restoration.
(6) Enhanced research and technology development on
crosscutting areas, including--
(A) oceans and human health;
(B) social science and economics;
(C) atmospheric monitoring and climate change;
(D) marine ecosystems, marine biodiversity, and
ocean exploration;
(E) marine and atmospheric hazards, including sea
level rise and geological events; and
(F) marine aquaculture.
(7) Characterization and mapping of the coastal zone,
coastal State waters, the territorial sea, the Exclusive
Economic Zone and outer continental shelf, including ocean
resources.

SEC. 135. EMPLOYEES.

(a) Assistance From Federal Agencies.--
(1) In general.--For the purpose of carrying out the
functions of the Council, each Federal agency or department
that conducts oceanic or atmospheric activities shall furnish
any assistance requested by the Council.
(2) Forms of assistance.--Assistance furnished by Federal
agencies and departments under paragraph (1) may include--
(A) detailing employees to the Council to perform
such functions, consistent with the purposes of this
section, as the Chairman of the Council may assign to
them; and
(B) undertaking, upon request of the Chairman of
the Council, such special studies for the Council as
are necessary to carry out its functions.
(3) Personnel management.--The Chairman of the Council
shall have the authority to make personnel decisions regarding
any employees detailed to the Council.
(b) Employment of Personnel, Experts, and Consultants.--The Council
may--
(1) employ such officers and employees as may be necessary
to carry out its functions under this title;
(2) employ and fix the compensation of such experts and
consultants as may be necessary for the carrying out of its
functions under this chapter, in accordance with section 3109
of title 5, United States Code, (without regard to the last
sentence thereof); and
(3) accept and employ voluntary and uncompensated services
in furtherance of the purposes of the Council notwithstanding
section 1342 of title 31, United States Code.

SEC. 136. BIENNIAL REPORT TO CONGRESS.

(a) In General.--Not later than 18 months after the date of
enactment of this Act, and biennially thereafter, the President,
through the Council, shall submit to Congress a report on Federal ocean
and atmospheric programs, priorities, and accomplishments which shall
include--
(1) a comprehensive description of the ocean and
atmospheric programs and accomplishments of all agencies and
departments of the United States;
(2) an evaluation of such programs and accomplishments in
terms of the national ocean policy set out in section 103 and
the national priorities identified in section 134, specifying
progress made with respect to the goals set out in this title;
(3) a report on progress in improving Federal and State
coordination on ocean and atmospheric activities, including
coordination efforts required in this Act;
(4) an analysis of the Federal budget allocated to such
programs including estimates of the funding requirements of
each such agency or department for such programs during the
succeeding 5-to-10 fiscal years;
(5) recommendations for remedying deficiencies, and for
improving organization, effectiveness, and outreach of Federal
ocean and atmospheric programs and services, on a regional and
national basis, including support for State and local efforts
that leverage public, nongovernmental, and private sector
involvement; and
(6) recommendations for legislative or other action.
(b) Presidential Transmittal.--The President shall transmit the
biennial report pursuant to this section to the President of the Senate
and the Speaker of the House of Representatives not later than December
31 of the year in which it is due.
(c) Agency Cooperation.--Each Federal agency and department shall
cooperate by providing such data and information without cost as may be
requested by the Council for the purpose of this section. Each Federal
agency and department shall provide services and personnel on a cost
reimbursable basis at the request of the Chairman of the Council for
the purpose of accomplishing the requirements of this section.

SEC. 137. PRESIDENTIAL PANEL OF ADVISERS ON OCEANS AND CLIMATE.

(a) Establishment; Purpose.--The President shall establish a
Presidential Panel of Advisers on Oceans and Climate. The purpose of
the Presidential Panel shall be--
(1) to advise and assist the President and the Chairman of
the Ocean Stewardship Council in identifying and fostering
policies to protect, manage, and restore ocean and atmospheric
environments and resources, both on a regional and national
basis; and
(2) to undertake a continuing review, on a selective basis,
of priority issues relating to national ocean and atmospheric
policy (including climate change), conservation and management
of ocean environments and resources, and the status of the
ocean and atmospheric science and service programs of the
United States.
(b) Membership.--
(1) In general.--The Presidential Panel shall consist of
not more than 25 members, one of whom shall be the Chairman of
the Council on Ocean Stewardship, and 24 of whom shall be non-
Federal members appointed by the President, including at least
one representative nominated by a Governor from each of the
coastal regions identified in the Report of the Commission on
Ocean Policy and representatives of the States and various
stakeholders.
(2) Chair.--The Chairman of the Council on Ocean
Stewardship shall co-chair the Presidential Panel with a non-
Federal member designated by the President.
(c) Appointment and Qualifications.--The members of the
Presidential Panel shall be appointed by the President for 3-year terms
from among individuals with diverse perspectives and expertise in 1 or
more of the disciplines or fields associated with ocean and atmospheric
policy, including--
(1) marine-related State and local government functions;
(2) ocean and coastal resource conservation and management;
(3) atmospheric or ocean science, engineering, and
technology;
(4) the marine industry (including recreation and tourism);
(5) climate change;
(6) atmospheric or coastal hazards; and
(7) other fields appropriate for consideration of matters
of oceanic or atmospheric policy.
(d) Vacancies.--An individual appointed to fill a vacancy occurring
before the expiration of the term for which his or her predecessor was
appointed shall be appointed only for the remainder of such term. No
individual may be reappointed to the Presidential Panel for more than 1
additional 3-year term. A member may serve after the date of the
expiration of the term of office for which appointed until his or her
successor has taken office.
(e) Compensation.--Each member of the Presidential Panel shall,
while serving on business of the Commission, be entitled to receive
compensation at a rate not to exceed a daily rate to be determined by
the President consistent with other Federal advisory boards. Federal
and State officials serving on the Commission and serving in their
official capacity shall not receive compensation in addition to their
Federal or State salaries for their time on the Commission. Members of
the Presidential Panel may be compensated for reasonable travel
expenses while performing their duties as members.
(f) Meetings.--The Presidential Panel shall meet at least twice per
year, or as prescribed by the President.
(g) Reports.--
(1) In general.--The Presidential Panel shall submit an
annual report to the President and to the Congress setting
forth an assessment, on a selective basis, of the status of the
Nation's ocean activities, and shall submit such other reports
as may from time to time be requested by the President or the
Congress. The Presidential Panel shall submit its annual report
on or before June 30 of each year, beginning 2 years after the
date of enactment of this Act.
(2) Comment and review by council.--Each annual report
shall also be submitted to the Chairman of the Council on Ocean
Stewardship who shall, in consultation with the Administrator,
not later than 60 days after receipt of such report, transmit
his or her comments and recommendations to the President and to
Congress.

SEC. 138. FEDERAL PROGRAM RECOMMENDATIONS.

Not later than 3 years after the issuance of the final report of
the Commission on Ocean Policy, the President, in consultation with the
Administrator, and considering the recommendations of the Commission on
Ocean Policy, the Ocean Stewardship Council, and the Presidential Panel
of Advisers on Oceans and Coasts, shall submit to Congress
recommendations--
(1) for the transfer of relevant oceanic or atmospheric
programs, functions, services, and associated resources to the
National Oceanic and Atmospheric Administration from any other
Federal agency;
(2) for consolidation or elimination of oceanic or
atmospheric programs, functions, services, or resources within
or among Federal agencies if their consolidation or elimination
would not undermine policy goals set out in section 103; and
(3) regarding Federal reorganization, including elevation
of NOAA to departmental status or the establishment of a new
department that would provide increased national attention and
resources to oceanic and atmospheric needs and priorities.

SEC. 139. IMPLEMENTATION.

Not later than 18 months after the date of enactment of this Act,
the Administrator shall--
(1) promulgate such regulations as may be necessary or
appropriate to implement this subtitle; and
(2) submit to Congress detailed recommendations on
technical and conforming amendments to Federal law necessary to
carry out this subtitle and the amendments made by this
subtitle.

SEC. 140. NO EFFECT ON OTHER AUTHORITIES.

Except as explicitly provided in this title, nothing in this title
or the amendments made by this title shall be construed to modify the
authority of the Administrator under any other provision of law.

Subtitle C--Ocean Conservation Certification

SEC. 151. COVERED ACTION DEFINED.

The term ``covered action'' under this subtitle means any activity
affecting United States ocean or coastal waters or resources, that is
authorized (including the issuance of a Federal license or permit),
carried out, or funded by a Federal agency.

SEC. 152. CERTIFICATION.

The head of each Federal agency that undertakes, authorizes, or
funds a covered action shall, not less than 90 days prior to taking
final agency action, make a certification that the action--
(1) complies with all relevant and applicable laws relating
to ocean or coastal waters and resources;
(2) is consistent with the protection, maintenance, and
restoration of marine ecosystem health; and
(3) is not--
(A) likely to significantly degrade the health of
marine resources; or
(B) likely to significantly impede the restoration
of marine resources.

SEC. 153. REVIEW.

(a) Requirement for Review.--The Administrator, in consultation
with the Chair of the Council on Ocean Stewardship, shall review a
certification made by the Federal agency under section 152, and any
materials related to such certification, and determine whether the
Administrator concurs with the certification.
(b) Written Analysis.--Not later than 90 days after submission of
the certification, the Administrator shall provide a written analysis
to the head of the appropriate Federal agencies documenting the basis
for the determination on the certification.

SEC. 154. EFFECT.

If the Administrator does not concur with a certification made by
the head of a Federal agency under section 152, the Administrator shall
provide the Federal agency with recommendations to remedy the
identified deficiencies within 30 days. The head of the Federal agency
shall incorporate such recommendations and submit to the Administrator
and the Council on Ocean Stewardship a report documenting how the
agency shall implement the recommendations prior to taking final agency
action or any subsequent action.

SEC. 155. GUIDELINES.

Not later than 12 months after the date of the enactment of this
Act, the Administrator, in consultation with the Council on Ocean
Stewardship, shall issue guidelines setting forth the process by which
the Administrator will implement this subtitle with respect to covered
actions, including consultation and review process.

SEC. 156. EMERGENCY EXEMPTION.

The head of a Federal agency may seek an emergency exemption from
the requirements of this subtitle if the President determines that the
covered action is necessary to address a national or State emergency
affecting public health and safety.

SEC. 157. EFFECTIVE DATE.

The provisions of this subtitle shall become effective on the date
that is 2 years after the date of enactment of this Act.

Subtitle D--Offshore Governance

SEC. 161. MANAGEMENT AND PERMITTING OF OFFSHORE USES FOR NON-EXTRACTIVE
ACTIVITIES.

(a) In General.--The Administrator, in coordination with the
Secretary of the Interior, the Administrator of the Environmental
Protection Agency, and the Army Corps of Engineers, shall develop and
maintain a coordinated offshore permitting program (referred to in this
section as the ``Program'' for activities in Federal waters,
including--
(1) marine aquaculture;
(2) alternative and renewable energy facilities;
(3) installation of undersea cables; and
(4) marine bioprospecting operations.
(b) Program Goals.--The Program shall ensure that activities
authorized under this section are conducted in a manner that provides
for--
(1) safety;
(2) protection of the environment;
(3) conservation of the natural resources of the outer
Continental Shelf;
(4) a fair return to the Federal Government for any lease
granted under this subsection; and
(5) prevention of interference with reasonable uses of the
high seas, exclusive economic zone, and territorial sea.
(c) Program Requirements.--The Program shall set forth procedures
and criteria for--
(1) ensuring that management of the outer Continental Shelf
is conducted in a manner which considers--
(A) the economic, social, and environmental values
of the renewable and nonrenewable resources of the
outer Continental Shelf; and
(B) the potential impact of such activities on
other resource values of the outer Continental Shelf
and the marine, coastal, and human environments;
(2) selection of timing and location of permitting under
this section, including consideration of the relative
environmental sensitivity and marine productivity of different
areas of the outer Continental Shelf and of other uses of the
sea and seabed, including--
(A) fisheries;
(B) navigation;
(C) existing or proposed sea lanes;
(D) potential sites of deepwater ports; and
(E) other anticipated uses of the resources and
space of the outer Continental Shelf;
(3) duration, issuance, transfer, renewal, suspension, and
termination of permits or authorizations, including suspension
or cancellation if the activity is likely to cause serious harm
to--
(A) safety;
(B) the environment (including living marine
resources); or
(C) property;
(4) public notice and comment on proposals submitted for
leases pursuant to this section, including information related
to environment, health, or safety;
(5) review by State and local governments, which may be
impacted by the proposed activities;
(6) periodic consultation with State and local governments
and representatives of other individuals or organizations
engaged in activity in or on the outer Continental Shelf,
including those involved in fish and shellfish recovery, and
recreational activities;
(7) consideration of the coastal zone management program
being developed or administered by a potentially affected
coastal State under sections 305 through 307 of the Coastal
Zone Management Act (16 U.S.C. 1454-1456);
(8) bonding and restoration requirements determined by the
Administrator to be necessary to protect the interests of the
United States; and
(9) oversight, inspection, research, monitoring, and
enforcement.
(d) Review Approval.--Before issuing a permit or exercising the
authority granted under this section, the Administrator shall--
(1) consult with the Commandant of the Coast Guard and the
Secretary of Defense concerning issues related to national
security and navigational obstruction; and
(2) determine that the project does not pose an adverse
impact to conservation and management of living marine
resources, fisheries, protection of the marine environment, or
navigation safety.
(e) Relationship to Existing Permitting Schemes.--The Program
shall--
(1) integrate the permitting process with those of existing
programs, including programs authorized by--
(A) the Outer Continental Shelf Lands Act;
(B) the Deepwater Ports Act; and
(C) the Ocean Thermal Energy Conservation Act;
(2) ensure that the Administrator has--
(A) an opportunity to review activities proposed
for permitting under such authorities; and
(B) determined that the activity does not pose a
threat to conservation and management of living marine
resources, protection of the marine environment, or
navigation safety.
(f) Protected Marine Areas.--This section shall not apply to any
area on the outer continental shelf that is--
(1) within the exterior boundaries of any unit of the
National Park System, National Wildlife Refuge System, or
National Monument; or
(2) designated as a National Marine Sanctuary or a National
Estuarine Research Reserve.
(g) Marine Resource Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a trust fund to be known as the ``Marine
Resources Trust Fund'', which shall be administered by the
Administrator.
(2) Forms of payment.--The Administrator shall establish,
by rule or by agreement with the party to whom the lease is
granted, appropriate forms of payment for any permit or
authorization granted under this subsection, which may include
fees, rentals, cash bonus payments, or other payments.
(3) Deposits.--The Administrator shall deposit a portion of
the payments or fees collected under paragraph (2) into the
Marine Resources Trust Fund.
(4) Expenditures.--Amounts in the Marine Resources Trust
Fund shall be made available--
(A) for programs and projects to address
displacement of fishing activities and other existing
uses; and
(B) to assess or respond to impacts on the marine
and coastal environment, including--
(i) research, monitoring, mapping and
associated activities;
(ii) restoration; and
(iii) general marine and coastal
conservation purposes and programs.

SEC. 162. MARINE AQUACULTURE.

(a) Findings.--Congress makes the following findings:
(1) Knowledge is needed about potential interactions
between aquaculture and natural ocean environments, including
habitat degradation, disease transmission, transmission of
parasites, genetic dilution of wild stocks, introduction of
invasive species, including non-native and genetically modified
organisms, and discharges of wastes, toxins, and excess
nutrients.
(2) Prior to proposing development of marine aquaculture,
the environmental impacts of such proposals shall be studied,
as required under the National Environmental Policy Act (42
U.S.C. 4321 et seq.).
(b) Amendments.--The National Aquaculture Act of 1980 (16 U.S.C.
2801 et seq.) is amended--
(1) in section 2(b)--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by redesignating paragraph (4) as paragraph
(5); and
(C) by inserting after paragraph (3) the following:
``(4) establishing the National Oceanic and Atmospheric
Administration as the lead Federal agency with respect to the
management of marine aquaculture; and'';
(2) by redesignating sections 10 and 11 as sections 11 and
12, respectively; and
(3) by inserting after section 9 the following:

``requirement for regulations

``Sec. 10. The Administrator of the National Oceanic and
Atmospheric Administration may not lease a coastal, estuarine, or
offshore area for aquaculture or issue a permit for aquaculture until
the Administrator promulgates national standards and regulations that
protect native stocks and prevent disease transmission, transmission of
parasites, genetic dilution of wild stocks, introduction of invasive
species, and impairment of habitat and water quality.''.

Subtitle E--Ocean Science, Research, and Education Coordination

SEC. 171. COMMITTEE ON OCEAN SCIENCE, EDUCATION, AND OPERATIONS.

(a) Committee.--The Administrator shall establish a Committee on
Ocean Science, Education, and Operations (referred to in this subtitle
as the ``Committee'').
(b) Membership.--The Committee shall be composed of the following
members:
(1) The Administrator.
(2) The Director of the National Science Foundation.
(3) The Administrator of the National Aeronautics and Space
Administration.
(4) The Under Secretary of Energy for Energy, Science, and
Environment.
(5) The Administrator of the Environmental Protection
Agency.
(6) The Under Secretary of Homeland Security for Science
and Technology.
(7) The Commandant of the Coast Guard.
(8) The Director of the Office of Naval Research.
(9) The Director of the United States Geological Survey.
(10) The Director of the Minerals Management Service.
(11) Under Secretary of Agriculture for Research,
Education, and Economics.
(12) The Assistant Secretary of State for Oceans and
International Environmental and Scientific Affairs.
(13) The Director of the Defense Advanced Research Projects
Agency.
(14) The Director of the Office of Science and Technology
Policy.
(15) The Director of the Office of Management and Budget.
(16) The Under Secretary of Education.
(17) The leadership of such other Federal agencies and
departments as the chair and vice chairs of the Committee
consider appropriate.
(c) Chair and Vice Chairs.--The chair and vice chairs of the
Committee shall be appointed every 2 years by a selection subcommittee
of the Committee composed of, at a minimum, the Administrator, the
Director of the National Science Foundation, and the Director of the
United States Geological Survey. The term of office of the chair and
vice chairs shall be 2 years. A person who has previously served as
chair or vice chair may be reappointed.
(d) Responsibilities.--The Committee shall--
(1) serve as a source of advice and support on scientific
research, technology, education, and operational matters,
including budgetary analyses;
(2) improve cooperation among Federal departments and
agencies with respect to ocean and coastal science budgets;
(3) develop and recommend the National Strategy for Ocean
and Coastal Science under section 172 and oversee its
implementation;
(4) establish interagency subcommittees and working groups
as appropriate to develop comprehensive and balanced Federal
programs and approaches to ocean and coastal science issues and
needs;
(5) consult with academic, fisheries, State, industry,
foundation, and other partners in the conduct of coastal and
marine operations, research, and education and with actual and
potential users of ocean science information in establishing
priorities and developing plans for research and technology and
education;
(6) cooperate with the Secretary of State in--
(A) coordinating United States Government
activities with those of other nations and with
international research and technology and education;
and
(B) providing, as appropriate, support for and
representation on United States delegations to relevant
international meetings; and
(7) carry out such other activities as may be required.

SEC. 172. NATIONAL STRATEGY FOR OCEAN AND COASTAL SCIENCE.

(a) Goals and Priorities.--The Committee shall develop a National
Strategy for Ocean and Coastal Science. The Committee chair shall
submit the strategy to the Congress within 2 years after the date of
enactment of this title, and a revised strategy shall be submitted at
least once every 5 years thereafter. The strategy shall establish, for
the 10-year period beginning in the year the strategy is submitted, the
scientific goals and priorities for ocean and coastal research,
technology, education, outreach, and operations which most effectively
advance knowledge and provide usable information as the basis for
policy decisions to--
(1) understand, assess, and respond to human-induced and
natural processes of global climate change;
(2) improve understanding, public forecasts, and warnings
and mitigate natural hazards;
(3) enhance public safety and efficiency of marine
operations;
(4) support efforts to protect, maintain, and restore the
health of marine ecosystems and to implement ecosystem-based
management of United States ocean waters, including how marine
ecosystems function on varying spatial and temporal scales and
how biological, physical, chemical, and socioeconomic processes
interact;
(5) implement and monitor the effectiveness of ocean and
coastal environmental policies;
(6) contribute to public understanding of coastal and
global ocean systems and public awareness of the importance and
health of marine ecosystems;
(7) respond to environmental changes that affect human
health;
(8) strengthen homeland security and military preparedness;
and
(9) improve understanding of sea level changes shoreline
erosion and the condition of the beaches in the United States.
(b)  Strategy.--The strategy shall--
(1) describe specific activities required to achieve
established goals and priorities including research and
education programs, observation collection and analysis
requirements, technology development, facility and equipment
investments, information management, student support and
training, professional certification and training for persons
engaged in fishing and other maritime activities, data
stewardship and access, and participation in international
research and education and other capacity-building efforts;
(2) identify and address relevant programs and activities
of the Federal agencies and departments represented on the
Committee that will contribute to scientific goals and
priorities and set forth the role of each Federal agency and
department in implementing the strategy;
(3) consider and use, as appropriate, reports and studies
conducted by Federal agencies and departments, the National
Research Council, or other entities;
(4) make recommendations for the coordination of ocean and
coastal science activities of the United States with those of
other nations and international organizations, including
bilateral and multilateral proposals for cooperation on major
projects, for improving worldwide access to scientific data and
information, and for encouraging participation in international
ocean science research and education programs by developing
nations;
(5) estimate, to the extent practicable, Federal funding
for ocean and coastal science activities to be conducted
pursuant to the strategy; and
(6) ensure the integrity of ocean and coastal science and
research.
(c) Strategic Elements.--The strategy shall include the following
elements:
(1) Global measurements on all relevant spatial and time
scales, establishing worldwide observations necessary to study
and assess coastal and global ocean systems and support
information needs, including marine ecosystem health.
(2) National ocean partnerships, building partnerships
among Federal agencies, academia, fishing industries, and other
members of the ocean and coastal science community in the areas
of research, education, data systems, and communication.
(3) Marine science facility support, ensuring the
procurement, maintenance, and operation of the national
oceanographic research fleet and related infrastructure to
provide for sustained ocean and coastal observations from in
situ, remote, aircraft, and vessel platforms.
(4) Focused research initiatives, funding competitive
research grants to advance understanding of the nature of and
interaction among physical, chemical, and biological processes
of the oceans, including the effect of human activities on such
processes.
(5) Technology development, supporting development of new
technologies and sensors to achieve strategic and program
goals, and development of algorithms, analysis methods, and
long-term data records for emerging operational sensors.
(6) Workforce development, building and maintaining a
diverse national ocean science professional workforce through
traineeships, scholarships, fellowships, and internships.
(7) Ocean science education, providing national
coordination and support of formal and informal ocean science
education programs at all education levels and establishing
mechanisms to improve ocean literacy, contribute to public
awareness of the importance and health of marine ecosystems,
and create an oceans stewardship ethic among citizens.
(8) Professional training, including certification and
continuing education programs, for persons engaged in the
harvest, handling, and processing of fish and seafood aboard
vessels to assure the highest levels of care are taken to
selectively harvest fish from the sea with the minimum impact
on habitat to handle fish onboard vessels with techniques that
assure the safety and highest quality of fish landed, and
improve the safety of vessels and their personnel at sea.
(9) Information management, establishing and maintaining
information systems that promote efficient stewardship,
transfer, and use of data, create globally accessible data
standards and formats, and allow analysis of data from varied
sources to produce information readily usable by policymakers
and stakeholders.
(d)  Public Participation.--In developing the strategy, the
Committee shall consult with academic, State, industry, fisheries, and
environmental groups and representatives. Not later than 90 days before
the chair of the Committee submits the strategy, or any revision
thereof, to Congress, a summary of the proposed strategy shall be
published in the Federal Register for a public comment period of not
less than 60 days.

SEC. 173. OCEAN RESEARCH AND EDUCATION ADVISORY PANEL.

(a) Membership.--The Committee shall maintain an Ocean Research and
Education Advisory Panel consisting of not less than 10 and not more
than 18 members appointed by the chair, including the following:
(1) One member representing the National Academy of
Sciences.
(2) One member representing the National Academy of
Engineering.
(3) One member representing the Institute of Medicine.
(4) One Sea Grant director.
(5) Members selected from among individuals representing
ocean industries, State governments, academia, fisheries,
nongovernmental organizations, and such other participants in
ocean and coastal activities as the chair considers
appropriate.
(6) Members selected from among individuals eminent in the
fields of marine science, marine policy, ocean engineering, or
related fields.
(7) Members selected from among individuals eminent in the
field of education.
(b) Responsibilities.--The Advisory Panel shall advise the
Committee on the following:
(1) Development and implementation of the National Strategy
for Ocean and Coastal Science.
(2) Matters relating to national oceanographic data
requirements, ocean and coastal observing systems, ocean
science education and training, and oceanographic facilities
including renewal of the national academic research fleet.
(3) Any additional matters that the Committee considers
appropriate.
(c) Procedural Matters.--
(1) Public meetings.--All meetings of the Advisory Panel
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 that pertains to national security,
employment matters, litigation, or other reasons provided under
section 552b 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
Advisory Panel may administer oaths or affirmations to any
person appearing before it.
(2) Publication of meetings.--All open meetings of the
Advisory Panel shall be preceded by timely public notice in the
Federal Register of the time, place, and subject of the
meeting.
(3) Minutes.--Minutes of each meeting shall be kept and
shall include 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 documents
that were made available to or prepared for the Advisory Panel
shall be available for public inspection and copying at a
single location in the partnership program office.
(4) Relationship to faca.--The Federal Advisory Committee
Act (5 U.S.C. App.) does not apply to the Advisory Panel.
(d) Funding.--The chair and vice chairs of the Committee annually
shall make funds available to support the activities of the Advisory
Panel.

SEC. 174. MARINE ECOSYSTEMS RESEARCH.

(a) Ecosystem-Based Approaches.--The Administrator shall work with
the Committee to identify research efforts for improving the
implementation of this Act by informing ecosystem-based management
efforts to protect, maintain, and restore marine ecosystem health.
(b) Marine Biodiversity Research Program.--As part of this effort,
the Administrator, in cooperation with the National Science Foundation
and other Federal agencies represented on the Committee, shall
establish and maintain a ten-year interagency research program to
assess and explain the diversity, distribution, functions, and
abundance of marine organisms in the world's oceans for the purposes
of--
(1) understanding the patterns, processes, and consequences
of changing marine biological diversity;
(2) improving the linkages between marine ecological and
oceanographic sciences and informing ecosystem-based management
efforts so as to protect, maintain, and restore mare ecosystem
health;
(3) strengthening and expanding the field of marine
taxonomy, including use of genomics and proteomics;
(4) facilitating and encouraging the use of new
technological advances, predictive models, and historical
perspectives to investigate marine biodiversity;
(5) using new understanding gained through the program to
improve predictions of the impacts of human activities on the
health of the marine environment, and of the impacts of changes
in the marine environment on human well-being; and
(6) enhancing formal and informal outreach and education
efforts through research-generated knowledge, information, and
tools.
(c) Program Elements.--The research program established under this
section shall provide for the following:
(1) Dynamic access to biological data through an ocean
biogeographic information system that links marine databases,
manages data generated by the program, and supports analysis of
biodiversity and related physical and ecological parameters.
(2) Integrated regional studies that focus on appropriate
scales to support ecosystem-based management.
(3) Improved biological sensors for ocean observing
systems.
(4) Investment in exploration and taxonomy to study little
known areas and describe new species.
(5) Studies of earlier changes in marine populations to
trace information on biological abundance, distribution,
function, and diversity to the earliest historical periods of
minimum human impact.
(6) Improved predictive capability to enhance the
effectiveness of conservation and ecosystem-based management
programs and minimize adverse impacts of human activities and
natural processes on United States Ocean Waters.
(d) Scientific Assessment.--The Administrator, through the
Committee, shall prepare and submit to the President and the Congress a
biennial assessment that--
(1) integrates, evaluates, and interprets the findings of
the program and discusses the scientific uncertainties
associated with such findings; and
(2) analyzes current trends in marine and coastal
ecosystems, both human-induced and natural, and projects major
trends, including marine ecosystem health, for the subsequent
decade.

SEC. 175. OCEAN ECOSYSTEM RESOURCE INFORMATION SYSTEMS.

(a) Findings.--Congress makes the following findings:
(1) Conservation and management of the United States ocean
waters requires an understanding of the ocean ecosystem in
order to make knowledgeable decisions regarding the uses of the
oceans, or extractions therefrom, and their effect on other
ocean uses and resources.
(2) The United States Commission on Ocean Policy and the
President's Ocean Action Plan both call for ecosystem-based
management of the United States ocean waters.
(3) Ecosystem-based management will require development of
an ocean information system and products representing
integration of data useful to management decisions. This
information includes terrestrial, aquatic, oceanographic, and
biological data to accomplish the following:
(A) Serve as a repository of existing information
and new research and data sets as they become
available.
(B) Help understand relationships of ocean and
ecosystem functions and factors affecting oceans and
their resources.
(C) Provide a foundation upon which to base
policies and decisions for conserving and managing the
nation's ocean water and living marine resources.
(D) Identify gaps in the knowledge of the nation's
oceans and living marine resources that may serve as a
guide in the development of new research priorities.
(4) Information generated by ocean monitoring systems,
including the National Environmental Observatory Network
(NEON), will be more useful if fully integrated into resource
information systems developed for ecosystem-based management
applications. Data from these offshore monitoring programs,
coupled with other information on ocean and aquatic ecosystems,
will provide a basis for understanding natural and
anthropogenic environmental variability, including climate
change and the resulting impacts on living marine resources.
(5) Natural resource information systems have been
developed and are presently a successful management tool for
terrestrial uses, including some Pacific Coast watersheds, and
they should now be applied to the aquatic environment to
facilitate ecosystem-based management of the United States
oceans.
(b) Establishment.--
(1) In general.--Not later than June 30, 2006, the
Administrator shall cause to be established a network of
regional Ocean Ecosystem Resource Information Systems to act as
an organized repository of geophysical, relevant atmospheric,
oceanographic, and marine biological data, including genetic
research, studies, data, maps, and analyses necessary to the
understanding of the ocean ecosystem, and from which to draw
information for the establishment of national policies and
priorities related to the conservation, use, and management of
the nation's ocean waters and the marine resources therein. The
Administrator shall coordinate with current ocean data
acquisition and distribution systems, such as the National
Geospatial Data Clearinghouse, to avoid duplication.
(2) Information included.--Information for inclusion in
each regional Ocean Ecosystem Resource Information System may
include--
(A) relevant historic or social science information
that may aid in the understanding of ocean ecosystems
or their management; or
(B) published and unpublished research, data, and
scientifically peer-reviewed analysis, developed by
State agencies, academic or scientific institutions,
fishermen's collaborative research programs, and any
other reliable and relevant information sources.
(3) Requirement for peer review.--All analysis and
interpretations of data to explain ecosystem relationships in
any regional Ocean Ecosystem Resource Information System shall
be scientifically peer-reviewed.
(4) Authority to contract.--The Administrator may contract
with other Federal agencies, State agencies, nongovernmental
organizations, universities, or private academic institutions
for development of portions of each regional Ocean Ecosystem
Resource Information System, provided such work will be open
source and the end product will be solely the property of NOAA.
(5) Schedule.--The Ocean Ecosystem Resource Information
Systems shall be established and in operation for all regions
identified in subsection (c) not later than January 1, 2010.
(6) Availability.--The system shall be readily accessible
at no, or nominal, cost to Congress, all Federal agencies, the
States, academic and scientific institutions, and the public
through the Internet, libraries, and such other mediums as may
be appropriate and practical.
(c) Regions.--
(1) Required regions.--Ocean Ecosystem Resource Information
Systems shall be established for the following regions:
(A) New England, to include the ocean waters
offshore the States of Maine, New Hampshire,
Massachusetts, and Connecticut.
(B) Mid-Atlantic, to include the ocean waters
offshore the States of New York, New Jersey, Delaware,
Pennsylvania, Maryland, and Virginia.
(C) South Atlantic, to include the ocean waters
offshore the States of North Carolina, South Carolina,
Georgia and Florida.
(D) Caribbean, to include the ocean waters offshore
the United States Virgin Islands and the Commonwealth
of Puerto Rico.
(E) Gulf of Mexico, to include the ocean waters
offshore the States of Florida, Alabama, Louisiana,
Mississippi, and Texas.
(F) Pacific Coast, to include the ocean waters
offshore the States of California, Oregon, and
Washington.
(G) Southeast Alaska, to include the ocean waters
offshore the State of Alaska, beginning at Dixon
Entrance and extending north and west to Cook Inlet.
(H) Aleutian Islands, to include the ocean waters
offshore the State of Alaska, beginning at Cook Inlet
and extending south, west, and north to Attu Island and
east to Togiak.
(I) Bering Sea, to include the ocean waters
offshore the State of Alaska, beginning at Togiak and
extending west, north, and east, encompassing St.
Lawrence Island to the westernmost tip of the Seward
Peninsula, and including the Pribilof Islands.
(J) Arctic Ocean, to include the ocean waters
offshore the State of Alaska, beginning at the
westernmost tip of the Seward Peninsula north and east
to Demarcation Bay.
(K) Hawaii, to include the ocean waters offshore
the State of Hawaii.
(L) Western Pacific, to include United States
territorial waters offshore American Samoa, Guam, and
the Northern Mariana Islands.
(2) Other regions.--The Administrator, for purposes of
administrative convenience and to ensure the timely completion
and establishment of the regional Ocean Ecosystem Resource
Information Systems, may--
(A) divide the regions or include other waters not
listed under paragraph (1); and
(B) establish regions other than those described in
such paragraph.
(d) Coordination.--
(1) In general.--The Administrator in the preparation of
the regional Ocean Ecosystem Resource Information Systems,
shall request the cooperation and coordination with the United
States Geological Survey, the United States Fish and Wildlife
Service, the Minerals Management Service, the United States
Environmental Protection Agency, the United States Coast Guard
and the United States Navy, together with all NOAA agencies for
all unclassified information necessary for the development and
operation of the systems. The Administrator may request and
enter into cooperative agreements with States, universities, or
private academic institutions for access to information
necessary or useful for the development and operation of the
systems.
(2) International agreements.--The Administrator may enter
into agreements with the Governments of Canada, Mexico, or
Russia in the preparation of a regional Ocean Ecosystem
Resource Information System where an international border of
the United States or the coastal waters of the United States
abut such country or the territorial waters of such country,
for any information or data that may be necessary or useful in
the development and operation of such system.

SEC. 176. FUNDING FOR MARINE ECOSYSTEM RESEARCH.

(a) Marine Ecosystems Research.--For development and implementation
of the research program under section 174, there are authorized to be
appropriated $50,000,000 for each of fiscal years 2006 through 2010.
(b) Regional Ocean Ecosystem Resource Information Systems.--For
development and implementation of the regional Ocean Ecosystem Resource
Information Systems under section 175, there are authorized to be
appropriated $25,000,000 for each of fiscal years 2006 through 2010.
(c) Availability.--Sums appropriated pursuant to an authorization
of appropriation in this section shall remain available until expended.

SEC. 177. SUBCOMMITTEE ON OCEAN EDUCATION.

(a) Membership.--The Committee shall establish a Subcommittee on
Ocean Education (referred to in this subtitle as the ``Subcommittee'').
Each member of the Committee may designate a senior representative with
expertise in education to serve on the Subcommittee. The Committee
shall select a chair and 1 or more vice chairs for the Subcommittee
from the membership of the Subcommittee.
(b) Responsibilities.--The Subcommittee shall--
(1) support and advise the Committee on matters related to
ocean and coastal education for the purpose of increasing the
overall effectiveness and productivity of Federal education and
outreach efforts;
(2) provide recommendations on education goals and
priorities for and implementation of the National Strategy for
Ocean and Coastal Science developed under section 172 and
guidance for educational investments;
(3) coordinate Federal ocean, coastal, and watershed
education activities for students, including funding for
educational opportunities at the undergraduate, graduate, and
postdoctoral levels;
(4) identify and work to establish linkages among Federal
programs, such as the National Sea Grant College Program, and
those of States, academic institutions, State Sea Grant
programs, museums and aquaria, industry, foundations, and other
nongovernmental organizations;
(5) support existing marine, coastal and Great Lakes
education and outreach programs, including those at the State,
regional, and local;
(6) facilitate Federal agency efforts to work with
minority-serving institutions, historically Black colleges and
universities, and traditionally majority-serving institutions
to ensure that students of underrepresented groups have access
to and support for pursuing ocean-related careers;
(7) promote the establishment of professional
certification, training, and continuing education program for
persons engaged in fishing or other maritime activities,
including partnerships with academic or nongovernmental
organizations to carry out such programs;
(8) lead development of effective national strategies with
common perspectives and messages for formal and informal ocean
and coastal education efforts; and
(9) carry out such other activities as the Committee
request.

SEC. 178. OCEAN AND COASTAL EDUCATION PROGRAM.

(a) Establishment.--Consistent with the National Strategy for Ocean
and Coastal Science, the Committee, through the Subcommittee, shall
establish a national, interagency ocean and coastal education program
to improve public awareness, understanding, and appreciation of the
role of the oceans in meeting the economic, social, and environmental
needs of the United States. To the extent practicable, the interagency
program shall utilize and build from existing Federal programs and
mechanisms for ocean and coastal outreach and education at the State,
regional, and local levels.
(b) Scope.--The national, interagency ocean and coastal education
program shall include formal education activities for elementary,
secondary, undergraduate, graduate, and postdoctoral students,
continuing education activities for adults, and informal education
activities for learners of all ages.
(c) Elements.--The ocean and coastal education program shall use
existing interesting science programs and other appropriate mechanisms
and shall, at a minimum, provide sustained funding for the following:
(1) A national network of centers for ocean science
education excellence to improve the acquisition of knowledge by
students at all levels.
(2) The National Sea Grant College Program's education and
outreach efforts.
(3) A regional education network to support academic
competition and experiential learning opportunities for
elementary and secondary school students.
(4) Teacher enrichment programs that provide for
participation in research expeditions, voyages of exploration,
and the conduct of scientific research.
(5) Development of model instructional programs for
students at all levels.
(6) Student training and support to provide diverse ocean-
related education opportunities at the undergraduate, graduate,
and postdoctoral levels.
(7) Mentoring programs and partnerships with minority-
serving institutions to ensure diversity in the ocean and
coastal workforce.
(8) A network of regional facilities, operated by
nongovernmental organizations or academic institutions that
provide training and continuing education for persons engaged
in fishing or other maritime activities, including
establishment of criteria for professional certification
programs in consultation with the fishing industry.
(9) Dissemination of ocean and coastal information that is
relevant for a wider public audience.

SEC. 179. OCEAN SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM.

(a) Establishment.--
(1) In general.--The Committee shall establish a National
Ocean Science and Technology Scholarship Program (in this
section referred to as the ``Program'') that is designed to
recruit and prepare students for careers in the departments or
agencies that are represented on the Committee (in this section
referred to as ``participating agencies''). The Program shall
award scholarships to individuals who are selected through a
competitive process primarily on the basis of academic merit,
with consideration given to financial need and the goal of
promoting the participation of individuals identified in
section 33 or 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a and 1885b).
(2) Contractual agreements.--To carry out the Program,
participating agencies shall enter into contractual agreements
with individuals selected under paragraph (1) under which the
individuals agree to serve as full-time employees of the
participating agency, for the period of time to be determined
by the participating agency, and stated in the contractual
agreements, in positions needed by the participating agency and
for which the individuals are qualified, in exchange for
receiving a scholarship.
(b) Eligibility Criteria.--In order to be eligible to participate
in the Program, an individual must--
(1) be enrolled or accepted for enrollment as a full-time
student at an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))) in an academic field or discipline described in the
list made available under subsection (c);
(2) be a United States citizen; and
(3) at the time of the initial scholarship award, not be an
employee of the department or agency providing the award.
(c) Program Listing.--The Committee shall make publicly available a
list of academic programs and fields of study for which scholarships
under the Program may be used, and shall update the list as necessary.
(d) Application.--An individual seeking a scholarship under this
section shall submit an application to a participating agency at such
time, in such manner, and containing such information, agreements, or
assurances as the participating agency may require.
(e) Scholarship Limits.--
(1) Academic requirements.--The participating agency may
provide a scholarship under the Program for an academic year if
the individual applying for the scholarship has submitted to
the participating agency, as part of the application required
under subsection (d), a proposed academic program leading to a
degree in a program or field of study on the list made
available under subsection (c).
(2) Time limitation.--An individual may not receive a
scholarship under this section for more than 4 academic years,
unless the participating agency grants a waiver.
(3) Dollar limitation.--The dollar amount of a scholarship
under this section for an academic year shall be established by
regulation but may not exceed the cost of attendance as such
cost is determined in section 472 of the Higher Education Act
of 1965 (20 U.S.C. 1087ll).
(4) Use of funds.--A scholarship provided under this
section may be expended for tuition, fees, and other authorized
expenses as established by regulation.
(5) Contractual agreement.--The participating agency may
enter into a contractual agreement with an institution of
higher education under which the amounts provided for a
scholarship under this section for tuition, fees, and other
authorized expenses are paid directly to the institution with
respect to which the scholarship is provided.
(f) Period of Service.--
(1) In general.--The period of service for which an
individual shall be obligated to serve as an employee of the
participating agency, except as provided in subsection (h)(2),
shall be determined by the participating agency as stated in
subsection (a)(2).
(2) Start of service.--Except as provided in paragraph (3),
obligated service under paragraph (1) shall begin not later
than 60 days after the individual obtains the educational
degree for which the scholarship was provided.
(3) Deferral.--The participating agency may defer the
obligation of an individual to provide a period of service
under paragraph (1) if the participating agency determines that
such a deferral is appropriate. The Administrator shall
prescribe the terms and conditions under which a service
obligation may be deferred through regulation.
(g) Repayment.--
(1) Requirement.--Scholarship recipients who fail to
maintain a high level of academic standing, as defined by the
participating agency by regulation, who are dismissed from
their educational institutions for disciplinary reasons, or who
voluntarily terminate academic training before graduation from
the educational program for which the scholarship was awarded,
shall be in breach of their contractual agreement and, in lieu
of any service obligation arising under such agreement, shall
be liable to the United States for repayment within 1 year
after the date of default of all scholarship funds paid to them
and to the institution of higher education on their behalf
under the agreement, except as provided in subsection (h). The
repayment period may be extended by the participating agency
when determined to be necessary.
(2) Failure to complete service requirement.--Scholarship
recipients who, for any reason, fail to begin or complete their
service obligation after completion of academic training, or
fail to comply with the terms and conditions of deferment
established by the participating agency pursuant to subsection
(f)(3), shall be in breach of their contractual agreement. When
recipients breach their agreements for the reasons stated in
the preceding sentence, the recipient shall be liable to the
United States for an amount equal to--
(A) the total amount of scholarships received by
such individual under this section; added to
(B) the amount of the interest on the amounts of
such scholarships that would be payable if at the time
such scholarships were received they were loans bearing
interest at the maximum legal prevailing rate, as
determined by the Treasurer of the United States,
multiplied by 3.
(h) Cancellation or Waiver.--
(1) Cancellation.--Any obligation of an individual incurred
under the Program (or a contractual agreement thereunder) for
service or payment shall be canceled upon the death of the
individual.
(2) Waiver.--The participating agency shall by regulation
provide for the partial or total waiver or suspension of any
obligation of service or payment incurred by an individual
under the Program (or a contractual agreement thereunder)
whenever compliance by the individual is impossible or would
involve extreme hardship to the individual, or if enforcement
of such obligation with respect to the individual would be
contrary to the best interests of the Government.

SEC. 180. AUTHORIZATION OF APPROPRIATIONS.

(a) National Ocean and Coastal Education Program.--Of the amounts
authorized annually to NOAA, the Department of the Navy, the National
Science Foundation, and the National Aeronautics and Space
Administration for fiscal year 2006 through fiscal year 2010,
$25,000,000 from each agency shall be available for the ocean and
coastal education program under section 178.
(b) Scholarship Program.--Of the amounts authorized annually to
NOAA, the National Science Foundation, the National Aeronautics and
Space Administration, and the Department of the Navy for fiscal year
2006 through fiscal year 2010, $15,000,000 shall be available for
National Ocean Science and Technology Scholarships under section 179.
(c) Availability.--Sums appropriated under this section shall
remain available until expended.

TITLE II--HABITAT MANAGEMENT

Subtitle A--Management of Coral Habitats

SEC. 201. SHORT TITLE.

This subtitle may be cited as the ``Deep Sea Coral Protection
Act''.

SEC. 202. POLICY.

It is the policy of the United States to employ preventative and
precautionary strategies to protect deep sea corals and deep sea
sponges, including protecting such organisms that are found in the
continental margins, canyons, seamounts, and ridges of the world's
oceans, and the habitats of such organisms from damage from gear and
equipment used in commercial fishing, particularly bottom-tending
mobile fishing gear.

SEC. 203. DEFINITIONS.

In this subtitle:
(1) Bottom-tending mobile fishing gear.--The term ``bottom-
tending mobile fishing gear'' means any trawl or dredge fishing
gear that contacts the ocean floor while in use, including
pelagic trawls that contact the ocean floor while in use, otter
trawls, and scallop dredges.
(2) Coral management area.--The term ``Coral Management
Area'' means an area designated as a Coral Management Area
under section 207 of this Act.
(3) Coral study area.--The term ``Coral Study Area'' means
an area designated as a Coral Study Area under section 206 of
this Act.
(4) Council.--Except as otherwise provided in this
subtitle, the term ``Council'' means 1 of the Regional Fishery
Management Councils established under section 302 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1852).
(5) Deep sea coral.--The term ``deep sea coral'' means the
species that--
(A) occur at a depth of more than 50 meters;
(B) do not contain symbiotic algae; and
(C) are in the phylum Cnidaria and in the order--
(i) Antipatharia;
(ii) Scleractinia;
(iii) Gorgonacea;
(iv) Alcyonacea;
(v) Pennatulacea, of the class Authozoa; or
(vi) Hydorcorallina, of the class Hydrozoa.
(6) Deep sea coral and sponge ecosystem.--The term ``deep
sea coral and sponge ecosystem'' means a community of living
species of deep sea corals or deep sea sponges, the benthic and
non-benthic species associated with such species, and the
living and nonliving physical, chemical components, and
environmental factors that constitute habitat for corals and
sponges.
(7) Deep sea sponge.--The term ``deep sea sponge'' means
species of the phylum Porifera that occur at a depth of more
than 50 meters.
(8) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given that term in section 3 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1802).

SEC. 204. MAPPING AND RESEARCH.

(a) Requirement for Mapping and Research.--The Administrator shall
carry out a comprehensive program to explore, research, identify, and
map deep sea corals and deep sea sponges that includes an annual
research strategy that--
(1) compares areas open to bottom-tending mobile fishing
gear with areas designated as Coral Management Areas; and
(2) prioritizes Coral Study Areas for evaluation to
determine whether such designation should be terminated or
whether the areas should be designated as Coral Management
Areas.
(b) Description of Mapping and Research.--The comprehensive program
described in subsection (a) shall include--
(1) creating maps of the locations of deep sea coral and
sponge ecosystems; and
(2) conducting research related to deep sea corals and deep
sea sponges and the habitats of deep sea corals and deep sea
sponges, including--
(A) the natural history;
(B) taxonomic classification;
(C) ecological role; and
(D) the benefits of such species and habitats.

SEC. 205. DATA REVIEW AND RECOMMENDATIONS.

(a) Requirement for Review.--Not less frequently than once every
other year, an advisory panel selected by the Administrator from a list
of names developed by the Chair of the National Research Council shall
review all available data related to deep sea corals and deep sea
sponges. Such data shall include data from--
(1) bycatch records used to determine the rate of bycatch
of deep sea corals and deep sea sponges, including the log
books of commercial fishing vessels, records from onboard
observers, and trawl surveys;
(2) research data used to determine the presence of deep
sea corals or deep sea sponges, including data from trawl
surveys, explorations with remote or manned submersibles or
sleds, and sediment surveys using sonar technology, sampling
technologies, or any other technology; and
(3) any Federal agency under subsection (b).
(b) Data From Federal Entities.--The head of any Federal agency
that holds information related to the ocean floor, including
information related to the habitats of deep sea corals or deep sea
sponges, shall, upon request, furnish such information to the
Administrator who shall make it available for the advisory panel
referred to in subsection (a).
(c) Recommendations.--
(1) In general.--Not later than 30 days after completing a
review required by subsection (a), the advisory panel referred
to in such subsection shall submit to the Administrator a
recommendation that--
(A) any area identified as a deep sea coral and
sponge ecosystem in such annual review be designated as
a Coral Management Area; and
(B) any area containing a potential or actual deep
sea coral and sponge ecosystem for which additional
research is needed be designated as a Coral Study Area.
(2) Publication.--Notice of the availability of each
recommendation submitted to the Secretary under paragraph (1)
shall be published in the Federal Register.

SEC. 206. CORAL STUDY AREAS.

(a) Study Areas Identified Through Fishing Records.--The
Administrator shall designate as a Coral Study Area any area that is
located within the exclusive economic zone for which records of
commercial fishing trips maintained by the National Marine Fisheries
Service demonstrate that the area has not been fished using bottom-
tending mobile fishing gear during the 7-year period ending on the date
of the enactment of this Act. For a fishery that employs bottom-tending
mobile fishing gear for which reliable records are not available during
such 7-year period, the Administrator shall determine the boundaries of
the fished areas by delineating the reasonable range of the fishery
based on depth limits of the bottom-tending mobile fishing gears
currently in use. The Administrator is authorized to alter these
determinations based on official records dated from the beginning of
the 7-year period to the date of enactment of this Act, including
landings reports and VMS data received from a Council or from
commercial fishermen.
(b) Study of Areas Identified Through Bycatch Records, Research, or
Mapping.--The Administrator shall review on a continuing basis bycatch
records, research, mapping, and survey data obtained from areas of the
exclusive economic zone open to fishing with commercial bottom-tending
mobile fishing gear to determine if these data indicate the actual or
potential presence or a deep sea coral and sponge ecosystem. A
designation of a Coral Study Area shall expire upon decision by the
Administrator to terminate the designation pursuant to subsection (d).
(c) Study Areas Recommended by the Advisory Panel.--
(1) Proposed rule.--Not later than 30 days after receiving
a recommendation pursuant to section 205, the Administrator
shall publish in the Federal Register a proposed rule to
designate any recommended area as a Coral Study Area.
(2) Comment period.--The Administrator shall accept
comments on any proposed rule published under paragraph (1) for
60 days after the date of the publication of such proposed
rule.
(3) Final determination.--Not later than 120 days after the
publication of such proposed rule, the Administrator shall
designate the area recommended under section 205 as a Coral
Study Area unless the Administrator finds no rational basis for
the recommendation.
(d) Termination of Study Area Designation.--The Administrator may
determine, at the Administrator's discretion or upon recommendation of
the Council having advisory duties for the fisheries of an area, that
an area or part of an area that is designated as a Coral Study Area
pursuant to subsection (a), (b), or (c) shall no longer be designated
as a Coral Study Area if the area does not warrant designation as a
Coral Management Area.

SEC. 207. CORAL MANAGEMENT AREAS.

(a) Areas Identified From Research on Coral Study Areas.--The
Administrator shall determine that a Coral Study Area be designated as
a Coral Management Area if--
(1) the area has been surveyed for the presence of deep sea
corals and deep sea sponges; and
(2) there is a deep sea coral and sponge ecosystem present
in the area.
(b) Areas Recommended by the Advisory Panel.--
(1) Proposed rule.--Not later than 30 days after receiving
a recommendation pursuant to section 205, the Administrator
shall publish in the Federal Register a proposed rule to
designate any recommended area as a Coral Management Area.
(2) Comment period.--The Administrator shall accept
comments on any proposed rule published under paragraph (1) for
60 days after the date of the publication of such proposed
rule.
(3) Final determination.--Not later than 120 days after the
publication of such proposed rule, the Administrator shall
designate the area recommended under section 205 as a Coral
Management Area unless the Administrator finds no rational
basis for the recommendation.

SEC. 208. INTERNATIONAL PROTECTIONS FOR DEEP SEA CORALS AND SPONGES.

(a) Development of Data.--The President is authorized to permit the
Administrator, in consultation with the Secretary of State, to work
with appropriate foreign entities to develop the data necessary to
identify areas located in international waters that would benefit from
additional protection for deep sea corals and deep sea sponges.
(b) International Protection.--The President shall direct the
Administrator, in consultation with the Secretary of State, to work
with appropriate foreign entities to develop a legal regime to protect
deep sea corals and deep sea sponges beyond the zones of national
jurisdiction consistent with the United Nations Convention on the Law
of the Sea, done at Montego Bay December 10, 1982, the Food and
Agriculture Organization Code of Conduct for Responsible Fisheries, and
other relevant international instruments.

SEC. 209. REPORT TO CONGRESS.

(a) Requirement.--On the date that is 3 years after the date of
enactment of this Act, and every 3 years thereafter, the Administrator
shall submit to Congress a report on the activities undertaken to carry
out the provisions of this subtitle.
(b) Content.--The reports required by subsection (a) shall include
a description of--
(1) the activities carried out to protect and monitor deep
sea corals and deep sea sponges;
(2) any area designated as a Coral Study Area or a Coral
Management Area;
(3) any area whose designation as a Coral Study Area is
terminated;
(4) a summary of any bycatch or other data that indicates
the actual or potential presence of a deep sea coral and sponge
ecosystem; and
(5) a summary of the research strategy created pursuant to
section 204.
(c) Publication.--Notice of the availability of each report
required by this section shall be published in the Federal Register.

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated $10,000,000 for each of the
fiscal years 2006 through 2010 to carry out the provisions of this
subtitle.

Subtitle B--Protection of Essential Fish Habitat

SEC. 221. CONTENTS OF FISHERY MANAGEMENT PLANS.

Section 303(a)(7) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1853(a)(7)) is amended to read as follows:
``(7) describe and identify essential fish habitat based on
the guidelines established by the Secretary under section
305(b)(1)(A), and--
``(A) analyze the impacts of fishing on essential
fish habitat;
``(B) minimize adverse impacts on essential fish
habitat from fishing;
``(C) close areas to bottom-tending mobile fishing
gear, or any other fishing gear or practice that
damages seafloor habitat, and prohibit aquaculture or
other fish production facilities pursuant to the
habitat protection program under paragraphs (5) and (6)
of section 305(b); and
``(D) identify other actions to conserve and
enhance such habitats;''.

SEC. 222. HABITAT PROTECTION PROGRAM.

Section 305(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1855(b)) is amended by adding at the end the
following:
``(5) The Secretary shall create a habitat protection program to
protect seafloor habitats from the adverse impacts of bottom-tending
mobile fishing gear and any other gear or practice that damages
seafloor habitat. Not later than 180 days after the enactment of the
Deep Sea Coral Protection Act, the Secretary shall promulgate
regulations to--
``(A) prohibit the use of bottom-tending mobile fishing
gear in habitat areas known to be especially sensitive to
disturbance from such gear, including coral reef and deep coral
habitats and areas designated as Coral Management Areas under
section 207 of the Deep Sea Coral Protection Act, complex rocky
bottoms, seamounts, kelp forests, sea grass beds, and sponge
habitats;
``(B) prevent expansion of bottom-tending mobile fishing
gear into geographical areas where such fishing gear has never
been used as documented by the best scientific information
available;
``(C) prevent expansion of the numbers of vessels employing
bottom-tending mobile fishing gear by--
``(i) restricting the number of licenses, permits,
or endorsements to no more than current fleet sizes;
``(ii) allowing transfers of licenses only to gears
that are documented to have the same or lower impacts
on habitats;
``(iii) allowing replacement of vessels only with
vessels that are documented to have the same or lower
impacts on habitats; and
``(D) prohibit aquaculture or other fish production
facilities that damage or alter seafloor habitat or impair
water quality.
``(6)(A) Not later than 5 years after the date of enactment of the
National Oceans Protection Act of 2005, the Secretary shall augment the
habitat protection program established under paragraph (5) by--
``(i) based on the best available science, identifying
areas where bottom-tending mobile fishing gear and any other
fishing gear or practice may be used without altering or
destroying important or significant amounts of habitat or
reducing biodiversity; and
``(ii) closing all other areas to these fishing gears and
practices.
``(B) If the Secretary fails to carry out the activities required
by subparagraph (A) within 5 years after the date of enactment of the
National Oceans Protection Act of 2005, the Secretary shall immediately
close those areas not covered by the habitat protection program
established under paragraph (5) to bottom-tending mobile fishing gear
and any other fishing gear or practice that may alter or destroy
important or significant amounts of habitat or reduce biodiversity
until such activities are carried out.
``(7) The Secretary shall develop and implement a gear-substitution
program to reduce the use of bottom-tending mobile fishing gear by--
``(A) conducting a viability assessment to determine
fisheries dependent on such gear;
``(B) providing funding for a research program to redesign
bottom-tending mobile fishing gear to reduce habitat damage in
fisheries that cannot be viably fished without such gear; and
``(C) providing funding to replace bottom-tending mobile
fishing gear in such fisheries.
``(8) The habitat protection program created under paragraph (5)
shall not be used to facilitate the expansion of marine aquaculture.
``(9) There are authorized to the Secretary $20,000,000 for each of
fiscal years 2006 through 2010 to carry out the habitat protection
program required by paragraph (5) and the activities required by
paragraph (6).''.

TITLE III--FISHERIES MANAGEMENT

SEC. 301. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND
MANAGEMENT ACT.

Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).

Subtitle A--Ecosystem-Based Fisheries Management Objectives

SEC. 311. PURPOSES AND POLICY.

(a) Purposes.--
(1) In general.--Subsection (b) of section 2 (16 U.S.C.
1801) is amended by adding at the end the following new
paragraphs:
``(8) to set as the principal objective of United States
fishery policy in all ocean waters of the United States the
protection, maintenance, and restoration of the health,
integrity, productive capacity, and resilience of the marine
ecosystems upon which long-term health and viability of
fisheries depend and in cases of conflict between this
objective and any other objective or in cases where information
is uncertain or inconclusive, the principal ecological
objective shall take precedence; and
``(9) to set as the socioeconomic objective of United
States fishery policy conserving and managing fisheries in
order to support a diversity of fishing participants, methods
and sectors, flexibility in managing fishing operations and
implementing conservation changes, and resilience and
adaptability in responding to changes in biological and
economic conditions within the industry and fishing
communities.''.
(2) Technical amendments.--Such subsection is further
amended--
(A) in paragraph (6), by striking ``and'' at the
end; and
(B) in paragraph (7), by striking the period at the
end and inserting a semicolon.
(b) Policy.--Subsection (c)(3) of section 2 is amended to read as
follows:
``(3) to assure that the national fishery conservation and
management program utilizes, and is based upon, the best
scientific information available; involves, and is responsive
to the needs of, interested and affected States and citizens;
incorporates and applies ecosystem principles; considers how
fishing affects predator-prey and other important ecological
relationships within marine ecosystems; draws upon Federal,
State, and academic capabilities and the knowledge and
experience of persons in the commercial and recreational
fisheries in carrying out research, administration, management,
and enforcement; considers the effects of fishing on immature
fish and encourages development of practical measures that
minimize bycatch and avoid waste of fish; and is workable and
effective;''.

SEC. 312. DEFINITIONS.

(a) Conservation and Management.--Paragraph (5) of section 3 (16
U.S.C. 1802) is amended to read as follows:
``(5) The term `conservation and management' refers to all
of the rules, regulations, conditions, methods, and other
measures which are--
``(A) required to rebuild, restore, or maintain, or
which are useful in rebuilding, restoring, or
maintaining, any fishery resource and the marine
environment;
``(B) in any case in which information is
uncertain, unreliable, or inadequate, intended to
reduce risks by setting reference points for each stock
of fish that take into account such uncertainty,
unreliability, or inadequacy and the action to be taken
if such a reference point is approached or exceeded;
``(C) required to take into account the direct and
indirect impacts of fishing on other species and their
habitats and the conservation of those species and
their habitats as important components of the
ecosystem;
``(D) required to allow the expansion of existing
fisheries or the development of new fisheries after
measures are in place to prevent adverse impacts on the
stocks, associated species, and the ecosystem; and
``(E) designed to assure that--
``(i) a supply of food and other products
may be taken, and that recreational benefits
may be obtained, on a continuing basis;
``(ii) irreversible or long-term adverse
effects on fishery resources and the marine
environment are avoided; and
``(iii) there will be a multiplicity of
options available with respect to future uses
of these resources.''.
(b) Optimum.--Paragraph (28) of section 3 is amended to read as
follows:
``(28) The term `optimum', with respect to the yield from a
fishery, means the amount of fish which--
``(A) will provide the greatest overall benefit to
the Nation, particularly with respect to protection of
marine ecosystems, food production, and recreational
opportunities; and
``(B) is prescribed as such on the basis of the
maximum sustainable yield from the fishery, as reduced
by any relevant economic, social, or ecological
factors, including predator-prey and other important
ecological relationships within marine ecosystems.''.

SEC. 313. NATIONAL STANDARDS FOR FISHERY CONSERVATION AND MANAGEMENT.

Section 301(a)(1) (16 U.S.C. 1851(a)(1)) is amended to read as
follows:
``(1) Conservation and management measures shall protect
the long-term health and viability of fisheries by protecting,
maintaining, and restoring the health, integrity, productive
capacity, resilience of the marine ecosystems upon which they
depend and prevent overfishing, while achieving, on a
continuing basis, the optimum yield from each fishery for the
United States fishing industry.''.

SEC. 314. CONTENTS OF FISHERY MANAGEMENT PLANS.

(a) Required Provisions.--
(1) Ecosystem health and stability.--Section 303(a)(1)(A)
(16 U.S.C. 1853(a)(1)(A)) is amended by striking ``fishery;''
and inserting ``fishery and the marine ecosystem within which
the fishery functions;''.
(2)(A) Effects of management measures.--Section 303(a) is
amended by adding at the end the following new paragraph:
``(15) contain an assessment of the likely effects, if any,
of the management measures of the plan on species other than
species in such fishery, with emphasis on key interactions
between predators and prey in the ecosystem for the purpose of
determining if such measures are consistent with the
appropriate Fisheries Ecosystem Plan prepared under section
305(j).''.
(B) Technical amendments.--Section 303(a) is further
amended--
(i) in paragraph (13), by striking ``and'' at the
end; and
(ii) in paragraph (14), by striking the period at
the end and inserting a semicolon and ``and''.
(b) Discretionary Provisions.--Section 303(b)(12) (16 U.S.C.
1853(b)(12)) is amended by striking ``fishery.'' and inserting
``fishery or the marine ecosystem within which the fishery
functions.''.

SEC. 315. FISHERIES ECOSYSTEM PLANS.

Section 305 (16 U.S.C. 1855) is amended by adding at the end the
following:
``(j) Fisheries Ecosystem Plans.--
``(1)(A) Not later than 18 months after the date of
enactment of the National Oceans Protection Act of 2005, the
Secretary shall--
``(i) prepare, in conjunction with the Councils and
other scientific, fisheries, and conservation interests
as appropriate, and publish guidance for the
development of Fisheries Ecosystem Plans; and
``(ii) provide such guidance to the Councils to
facilitate development and implementation of the
required Fisheries Ecosystem Plans within the
prescribed time period.
``(B) The Secretary shall issue regulations that establish
a process for preparing and developing Fisheries Ecosystem
Plans that is consistent with the fishery management plan
process outlined in section 304.
``(C) To assist in developing the guidelines and
regulations, the Secretary shall--
``(i) conduct workshops with the Councils and other
scientific, fisheries, and conservation interests; and
``(ii) identify the major marine ecosystems within
each Council's jurisdiction.
``(2)(A) Each Council shall, within 12 months after the
publication of the guidance and regulations required by
paragraph (1) and based on the best scientific information
available, prepare and submit to the Secretary a Fisheries
Ecosystem Plan for each major marine ecosystem within its
jurisdiction.
``(B) In the case in which significant portions of a major
ecosystem are in the jurisdictions of adjacent Councils, the
Councils shall jointly prepare a plan for the major marine
ecosystem.
``(3) Each Fisheries Ecosystem Plan shall--
``(A) contain information on the structure and
function of the ecosystem in which fishing activities
occur, including the geographic extent of the ecosystem
and its biological, physical, and chemical dynamics, a
description of the significant food web including key
predator-prey relationships, and the habitat needs of
different life stages of species that make up the
significant food web;
``(B) establish indices of ecosystem health and
integrity;
``(C) describe how the information on ecosystem
structure and function is to be incorporated into the
context of fishery-specific management plans;
``(D) include specific recommendations for
implementing ecosystem protections in fishery
management plans; and
``(E) outline long-term monitoring to evaluate
changes in the ecosystem.
``(4) The Secretary shall review each Fisheries Ecosystem
Plan according to the guidance prepared pursuant to paragraph
(1) and approve or disapprove the plan, in whole or in part,
according to the process described in section 304. If the
Secretary disapproves or partially approves a plan, the Council
shall revise and resubmit the plan not later than 6 months
after its disapproval.
``(5) If, within the 18-month period after publication of
the guidance and regulations required pursuant to paragraph
(1), a Council fails to develop and submit to the Secretary a
Fisheries Ecosystem Plan as required under this section, or if
the Secretary disapproves in whole or in part such a plan, the
Secretary shall prepare a plan for that ecosystem concerned
within 24 months after the publication of the guidance and
regulations required pursuant to paragraph (1).
``(6)(A) The Secretary may not approve a fisheries
management plan or an amendment to such a plan, unless the
Secretary determines that the fisheries management plan or an
amendment is consistent with the principles, goals, policies,
and recommendations of each relevant Fisheries Ecosystem Plan
approved or prepared by the Secretary.
``(B) Not later than 30 months after the date the Secretary
approves or prepares a final Fisheries Ecosystem Plan, each
Council shall submit to the Secretary any fishery management
plan or plan amendments required to make all fisheries
management plans under its jurisdiction consistent with the
principles, goals, policies, and recommendations of the
Fisheries Ecosystem Plan.
``(C) If a Council fails to submit any fishery management
plan or amendment required under subparagraph (A) before the
end of the 30-month period beginning on the date of such
approval, or if the Secretary disapproves in whole or in part
such plan or amendment, the Secretary shall prepare such plan
or amendment not later than 36 months after such approval.
``(k) Ocean and Coastal Resource Information System.--
``(1) The Secretary may establish an ocean and coastal
resource information system.
``(2) An ocean and coastal resource information system
established under paragraph (1) shall include a database of
information on ocean and coastal data that includes--
``(A) ocean observation system data;
``(B) fishery research and stock assessment data;
``(C) other biological, oceanographic, geographic,
and geological data; and
``(D) hypothesis-driven science.
``(3) An ocean and coastal resource information system
shall be accessible to the public and published on the
Internet.''.

SEC. 316. AUTHORIZATION OF APPROPRIATIONS.

(a) Fisheries Ecosystem Plans.--There are authorized to be
appropriated for the conservation of marine ecosystems under section
305(j), as added by section 315 of this Act--
(1) $15,000,000 for fiscal year 2006;
(2) $20,000,000 for fiscal year 2007;
(3) $25,000,000 for fiscal year 2008;
(4) $30,000,000 for fiscal year 2009; and
(5) $35,000,000 for fiscal year 2010.
(b) Ocean and Coastal Resource Information System.--There are
authorized to be appropriated for the ocean and coastal resource
information system under section 305(k) as added by section 315 of this
Act, $5,000,000 for each of the fiscal years 2006 through 2010.

Subtitle B--Bycatch Management

SEC. 321. POLICY.

Subsection (c)(3) of section 2, as amended by section 311 of this
Act, is further amended by striking ``minimize bycatch and avoid waste
of fish;'' and inserting ``avoid bycatch, minimize the mortality of
bycatch that cannot be avoided, and minimize waste of fish;''.

SEC. 322. DEFINITIONS.

Section 3(2) (16 U.S.C. 1802(2)) is amended to read as follows:
``(2) The term `bycatch'--
``(A) means--
``(i) catch of nontarget fish species and
nonfish species;
``(ii) economic and regulatory discards
including discards of target species; and
``(iii) nontarget fish and nonfish species
that are otherwise killed or injured as a
result of fishing; and
``(B) does not include fish released alive under a
recreational catch and release fishery management
program.''.

SEC. 323. NATIONAL STANDARDS FOR FISHERY CONSERVATION AND MANAGEMENT.

Section 301(a)(9) (16 U.S.C. 1851(a)(9)) is amended to read as
follows:
``(9) Conservation and management measures shall, to the
maximum extent practicable, with a goal of reducing bycatch to
levels approaching zero--
``(A) avoid bycatch; and
``(B) to the extent bycatch cannot be avoided,
minimize the mortality of such bycatch.''.

SEC. 324. CONTENTS OF FISHERY MANAGEMENT PLANS.

(a) Required Provisions.--
(1) In general.--Section 303(a) (16 U.S.C. 1853(a)), as
amended by section 314(a) of this Act, is further amended--
(A) by striking paragraph (11) and inserting the
following:
``(11) not later than 1 year after the date of enactment of
the National Oceans Protection Act of 2005, establish and
implement a bycatch monitoring and minimization plan that
includes--
``(A) an accurate and reliable standardized
reporting methodology to assess the amount and type of
bycatch occurring in the fishery, including an
appropriate and effective system to monitor bycatch
which, in the case of vessels of the United States
(other than vessels engaged in charter fishing that are
carrying 6 or fewer passengers for hire) engaged in
commercial fishing may be an observer program;
``(B) based on data from the bycatch monitoring
programs established under subparagraph (A), objective
and measurable targets to reduce bycatch on an annual
basis by a statistically significant amount from the
previous year, utilizing conservation and management
measures that, to the maximum extent practicable and in
the following priority--
``(i) avoid bycatch; and
``(ii) minimize the mortality of bycatch
that cannot be avoided; and
``(C) place a high priority on fisheries with--
``(i) high levels of bycatch mortality;
``(ii) high rates of bycatch mortality;
``(iii) bycatch of protected species;
``(iv) poor data on bycatch; or
``(v) bycatch that causes significant
ecological impacts.''; and
(B) by adding at the end the following:
``(16) account for all direct and indirect sources of
fishing mortality, including bycatch mortality, in stock
assessments, in determining the maximum sustainable yield for
the fishery, in establishing total allowable catch and other
catch limits necessary to achieve the optimum yield, and in
counting catch.''.
(2) Technical amendments.--Such subsection is further
amended--
(A) in paragraph (14), by striking ``and'' at the
end; and
(B) in paragraph (15), by striking ``305(j).'' and
inserting ``305(j); and''.
(b) Discretionary Provisions.--
(1) In general.--Section 303(b), as amended by section
314(b) of this Act, if further amended by adding at the end the
following:
``(13) notwithstanding any other provision of law, involve
stakeholders in affected fisheries in the development of
bycatch monitoring and minimization plans and include in such
bycatch monitoring and minimization plans conservative bycatch
quotas for individual fish species which account for all direct
and indirect sources of bycatch mortality.''.
(2) Technical amendments.--Such subsection is further
amended--
(A) in paragraph (11), by striking ``and'' at the
end; and
(B) in paragraph (12), by striking ``ecosystem.''
and inserting ``ecosystem; and''.

SEC. 325. OTHER REQUIREMENTS AND AUTHORITY.

Section 305(d) (16 U.S.C. 1855(d)) is amended by adding at the end,
``Not later than 6 months after the date of enactment of the National
Oceans Protection Act of 2005, the Secretary shall promulgate
regulations establishing national criteria to define what constitutes
an adequate and appropriate bycatch monitoring and minimization plan
under section 303(a)(11), including minimum criteria for an observer
program or other appropriate and effective system to monitor
bycatch.''.

SEC. 326. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated for the development of a
bycatch monitoring and minimization plan and criteria, as required by
the amendments made by sections 324 and 325 the following amounts:
(1) $15,000,000 for fiscal year 2006.
(2) $10,000,000 for each of the fiscal years 2007 through
2010.

Subtitle C--Cetacean and Sea Turtle Conservation

SEC. 331. SHORT TITLE.

This subtitle may be cited as the ``Cetacean and Sea Turtle
Conservation Act of 2005''.

SEC. 332. PURPOSES.

The purposes of this subtitle are--
(1) to restore and perpetuate healthy populations of
cetaceans and sea turtles by reducing bycatch of cetaceans and
sea turtles to sustainable levels through the development of
bilateral and multilateral efforts among the United States and
other fishing nations;
(2) to increase the technical capacity, financial
resources, and political will necessary to reduce bycatch of
cetaceans and sea turtles to sustainable levels globally;
(3) to promote international standards and guidelines to
reduce bycatch of cetaceans and sea turtles; and
(4) to authorize financial resources for the purposes
described in paragraphs (1) through (3).

SEC. 333. DEFINITIONS.

In this subtitle:
(1) Appropriate fishing gear and methods.--The term
``appropriate fishing gear and methods'' means gear and methods
used in fishing operations that are proven to be effective in
reducing bycatch of cetaceans or sea turtles to sustainable
levels.
(2) Bycatch.--The term ``bycatch'' means the incidental
mortality or serious injury of an animal that is not the target
of a fishing operation that occurs in the course of the fishing
operation.
(3) Cetacean.--The term ``cetacean'' means an aquatic
mammal that is a member of the order Cetacea, including whales,
dolphins, and porpoises.
(4) Independent experts.--The term ``independent experts''
means individuals with expertise in issues related to cetaceans
or sea turtles including representatives of academic and
scientific organizations, nongovernmental organizations that
promote conservation of cetacean populations, and the fishing
industry.
(5) Population.--The term ``population'' means a distinct
group of individuals of a species or smaller taxa in a common
spatial arrangement that interbreed when mature.
(6) Sea turtle.--The term ``sea turtle'' means a member
of--
(A) the family Cheloniidae; or
(B) the family Dermochelyidae.
(7) Sustainable levels.--The term ``sustainable levels''
means, with respect to bycatch, a level of bycatch that, in
combination with other mortality caused by humans, does not
exceed the maximum number of individuals that may be removed
from a population while allowing that population to recover to
a level at which such population maintains its maximum
productivity.

SEC. 334. INTERNATIONAL AGREEMENTS AND STANDARDS.

(a) International Agreements.--The Secretary, with the consent of
the President and in consultation with independent experts and with the
Secretary of State, shall negotiate with foreign governments that are
engaged in, or that have persons or companies engaged in, commercial
fishing operations that are adversely impacting populations of
cetaceans or populations of sea turtles for the purpose of developing
bilateral or multilateral agreements that require such governments to
reduce bycatch of cetaceans or sea turtles to at least sustainable
levels.
(b) Standards.--An international agreement negotiated under
subsection (a) shall include provisions to promote the development and
implementation of standards for commercial fishing operations that
interact with cetaceans or sea turtles that--
(1) require such operations to use appropriate fishing gear
and methods; and
(2) are intended to reduce bycatch of cetaceans and sea
turtles to at least sustainable levels.
(c) United Nations.--The Secretary may consult and coordinate with
the Committee on Fisheries of the Food and Agriculture Organization of
the United Nations in developing international agreements under
subsection (a) or standards under subsection (b).

SEC. 335. RESEARCH AND DEVELOPMENT GRANTS.

(a) Authority.--The Secretary is authorized to award grants and to
provide other assistance that the Secretary determines is appropriate
to an eligible person to carry out the research or development of
appropriate fishing gear and methods, including appropriate fishing
gear and methods for use--
(1) in the North Sea, where harbor porpoise bycatch is
severe;
(2) in Mexico's Gulf of California, where the vaquita
porpoise faces extinction unless gillnets are banned;
(3) in the east coast of South America, including waters
off the coasts of Brazil, Uruguay, and Argentina, where bycatch
of franciscana dolphins is contributing to the precipitous
decline of that species; or
(4) in areas where bycatch of sea turtles associated with
longline fishing has been found to occur frequently, as
follows:
(A) The central Pacific Ocean.
(B) The southern Pacific Ocean.
(C) The southern Atlantic Ocean.
(D) The Mediterranean Sea.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Resources of the House of Representatives.
(2) Foreign person defined.--The term ``foreign person''
means--
(A) an individual who is not a United States
citizen;
(B) any corporation, partnership, business
association, society, trust, organization, or other
nongovernmental entity created or organized under the
laws of a foreign country or that has its principal
place of business outside the United States; or
(C) any governmental entity of a foreign country.
(3) Marine mammal commission.--The term ``Marine Mammal
Commission'' means the Marine Mammal Commission established by
section 201 of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1401).
(c) Eligibility.--
(1) In general.--The Secretary shall determine if a person,
including any governmental entity or any foreign person, is
eligible to receive a grant under this section.
(d) Application.--A person seeking a grant under this section shall
submit an application to the Secretary at such time, in such manner,
and including such information as the Secretary may reasonably require.
(e) Terms and Conditions.--
(1) In general.--A recipient of a grant or other financial
assistance provided by the Secretary under this section shall
agree to such terms and conditions as the Secretary determines
are necessary to protect the interests of the United States.
(2) Requirement for consultation.--The Secretary shall
consult with the Marine Mammal Commission prior to determining
the terms and conditions described in paragraph (1) for a
recipient of a grant or other financial assistance to be used
to reduce bycatch of cetaceans.
(f) Report.--Not later than one year after the date of enactment of
this Act, and annually thereafter, the Secretary shall submit a report
to the appropriate congressional committees on the grants and other
assistance provided under this section.

SEC. 336. BYCATCH DATABASE.

(a) Requirement for Database.--The Secretary shall establish a
database of bycatch data for cetaceans and sea turtles from fisheries
around the world for the purpose described in subsection (b).
(b) Purpose of Database.--The purpose of the database is to make
information related to bycatch, including cetacean or sea turtles
species affected by bycatch, the development and use of appropriate
fishing gear and methods, and efforts to reduce the bycatch of
cetaceans and sea turtles, available to scientists, resource managers,
and the public.
(c) Availability.--The Secretary shall make the database
established pursuant to subsection (a) available by public posting
through an Internet Web site.

SEC. 337. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated $5,000,000 for each fiscal
year 2005 through 2008 to carry out the provisions of this subtitle.

Subtitle D--Individual Fishing Quotas

SEC. 341. INDIVIDUAL FISHING QUOTAS.

Section 303 (16 U.S.C. 1853) is amended--
(1) by striking subsection (b)(6) and inserting the
following:
``(6) establish a limited access system for the fishery in
order to achieve optimum yield if, in developing such system,
the Council and the Secretary take into account--
``(A) the conservation requirements of this Act
with respect to the fishery;
``(B) the present and historic participation in the
fishery;
``(C) the economics of the fishery;
``(D) the cultural and social framework relevant to
the fishery and any affected fishing communities;
``(E) the fair and equitable distribution of a
public resource; and
``(F) any other relevant considerations.''; and
(2) in subsection (d)--
(A) by striking paragraph (5);
(B) by redesignating paragraphs (2) through (4) as
paragraphs (7) through (9);
(C) by striking all that precedes paragraph (7), as
so redesignated, and inserting the following:
``(d) Fishing Quota Systems.--
``(1) A fishery management plan or plan amendment that
establishes a fishing quota system for a fishery after the date
of enactment of the National Oceans Protection Act of 2005
shall--
``(A) include management measures designed to
ensure the sustainability of the fishery and provide
additional and substantial conservation benefits to the
fishery;
``(B) be effective for a period of a fixed
duration, not to exceed 7 years;
``(C) provide for administration of the system by
the Secretary in accordance with the terms of the plan;
``(D) establish procedures for the Council having
authority over the fishery, or the Secretary in the
case of a fishery management plan developed by the
Secretary, to review the quota system at least 1 year
prior to the end of the effective period of the plan;
``(E) allocate, review, and limit or terminate
quota shares in accordance with this subsection;
``(F) provide a fair and equitable process to
appeal to the Secretary decisions made by a Council
on--
``(i) eligibility to participate in all
referenda authorized under this subsection and
eligibility to receive an allocation of quota
shares; and
``(ii) limitations, restrictions, and
revocations of quota shares;
``(G) minimize, to the maximum extent practicable,
negative social and economic impacts of the system on
local coastal communities;
``(H) ensure adequate enforcement, management, and
data collection, including the use of observers where
appropriate at a level of coverage that yields
statistically significant results; and
``(I) not require that quota shares be held by a
person engaged in personal-use fishing, including any
recreational or subsistence fishing, if the fishery
management plan designates a separate portion of the
total allowable catch for personal-use fishing.
``(2)(A) The Council having authority over the fishery
shall make a fair and equitable allocation of all, or only a
portion, of the total allowable catch limit as quota shares
among existing categories of vessels and among fishing gear
types or other appropriate qualifiers. In allocating quota
shares for a fishery, the Council shall--
``(i) take into account present and historic
participation in the fishery;
``(ii) ensure that each quota share is held only by
persons who--
``(I) except for allocations under clause
(iii), hold a permit to fish in the fishery;
and
``(II) are natural persons of the United
States or permanent resident aliens qualified
by Federal or State law to participate in the
fishery;
``(iii) establish a mechanism to allow new entrants
into the fishery;
``(iv) prevent any person from controlling an
excessive share of fishing quotas issued for the
fishery and establish any other limits or measures
necessary to prevent inequitable concentration of quota
shares and to prevent significant impacts on any person
that holds a permit authorizing fishing in the fishery
or the fishing community; and
``(v) create incentives in successive allocations
for fishermen who increase their gear selectivity and
protection of essential fish habitat by increasing the
allocation for those fishermen.
``(B)(i) The Secretary may allow the transfer of a quota
share allocated under subparagraph (A), on a case-by-case
basis, without regard to subparagraph (A)(ii)(I), from the
holder of the quota share to a member of the holder's immediate
family, due to death or disablement of the holder.
``(ii) The Secretary shall establish a simple and
expeditious process for such a transfer.
``(iii) The Secretary may allow such a transfer only within
the same category of vessel, fishing gear type, or other
appropriate qualifier to maintain a fair and equitable
allocation of quota shares.
``(3)(A) A fishing quota system established for a fishery
may be limited or terminated at any time if necessary for the
conservation and management of the fishery, including if the
quota system has been found to have jeopardized the
sustainability of the stock or the safety of fishermen, by--
``(i) the Council that has authority over the
fishery for which the system is established, through a
fishery management plan or amendment;
``(ii) the Secretary, pursuant to section 304(h);
or
``(iii) the Secretary, in the case of any fishing
quota system established by a fishery management plan
developed or approved by the Secretary.
``(B) Subparagraph (A) does not diminish the authority of
the Secretary under any other provision of this Act.
``(C) A quota share issued under a fishing quota system
established by a fishery management plan--
``(i) shall expire not later than 7 years after the
date it is issued;
``(ii) shall be reviewed by the Council committee
established in paragraph (5) not later than 6 months
prior to expiration under clause (i); and
``(iii) shall be renewed in accordance with the
terms of the plan and regulations issued by the
Secretary or the Council having authority over the
fishery for which it is issued, if, based on a review
by the committee established under paragraph (5), the
quota shareholder is meeting or exceeding the
requirements of this Act or the conservation and
management requirements of the fishery (including as a
result of a violation of this Act or any regulation
prescribed under this Act).
``(4)(A)(i) A Council may submit a fishery management plan
or plan amendment that establishes a fishing quota system only
if the submission of such plan or plan amendment is approved in
referendum conducted in accordance with this paragraph.
``(ii) The Secretary, in the case of a fishery management
plan developed by the Secretary, may approve a fishery
management plan or plan amendment that establishes a fishing
quota system only if the approval of such plan or plan
amendment is approved in referendum conducted in accordance
with this paragraph.
``(B) The Secretary shall conduct the referendum required
under subparagraph (A). The Secretary shall develop guidelines
to determine procedures for the referenda to conduct such
referendum in a fair and equitable manner. Prior to the
referendum, the Secretary shall identify and notify all persons
who are eligible to vote in the referendum and make available
to all such persons information concerning the schedule,
procedures, and eligibility requirements for the referendum
process and the proposed fishing quota system.
``(C) Each referendum shall be decided by the affirmative
vote of a two-thirds majority of the votes cast by the persons
who the Secretary determines are eligible to vote in the
referendum.
``(D) The Secretary shall conduct a referendum to determine
support for submitting a specific proposed fishing quota system
for approval and implementation. Eligible voters shall be all
persons who hold a permit to fish in the fishery or crew
members who derive at least 75 percent of their income from the
fishery subject to the proposed fishing quota system.
``(5)(A) Each Council, upon deciding to develop a fishing
quota program for a fishery, shall establish, maintain, and
appoint members of a review committee to make recommendations
for development, evaluation, and necessary changes to such
programs to ensure that such members meet the requirements of
this subsection.
``(B) The Council, in consultation with the Secretary,
shall develop guidelines that will ensure that committee
members are qualified for appointment and are subject to
conflict of interest rules. A member shall not vote on any
decision pertaining to a fishing quota system under which the
member holds a quota share or will hold a quota share during
the 5-year period beginning on the date of such vote.
``(C) The members of a review committee established by a
Council under subparagraph (A) shall be made by the Council in
such a manner as to provide fair representation to all groups
affected by such programs, including commercial, recreational,
and subsistence fishing interests, fishing communities,
scientists, and public interest groups (including conservation
organizations).
``(D) Not less frequently than once every 7 years, each
review committee shall review fishing quota systems, determine
whether such systems meet the requirements of this Act, and
evaluate whether each such system has improved management,
conservation, and safety in the fishery. Pursuant to such
review, the review committee shall recommend any changes to a
system necessary to ensure it meets requirements and standards
of improvement.
``(E)(i) Not less frequently than once every 7 years, the
review committee shall review compliance of fishing quota
holders under a fishing quota system with the system and this
Act and may recommend that a quota share be limited, reduced,
or revoked if the shareholder is not meeting such requirements.
``(ii) Reduced and revoked quota shares shall be
reallocated through a mechanism approved by the Council. In the
case of any such reallocation, preference shall be given to
those quota shareholders that the review committee determines
are providing additional and substantial conservation benefits
to the fishery, or to new entrants in a fishing gear type or
vessel category that, as a group, are providing additional and
substantial conservation benefits to the fishery.
``(iii) Any recommendation for limitation, reduction,
revocation, or reallocation of quota share is subject to appeal
under the process established under paragraph (1)(F).
``(F) Not later than 90 days after the date that a review
committee completes a review under subparagraph (D), the
appropriate Council shall transmit to Congress a report
containing the results of each fishing quota system review
within 90 days after the review is completed.''; and
(D) by adding at the end the following:
``(10) In this subsection:
``(A) The term `additional and substantial
conservation benefits to the fishery'--
``(i) means scientifically measurable
benefits to the fishery at the time of
establishment of the system, that
substantially--
``(I) avoid bycatch and minimize
the mortality of unavoidable bycatch;
``(II) prevent highgrading;
``(III) reduce overfishing
(including localized depletions) and
rebuild overfished stocks; and
``(IV) protect essential fish
habitat; or
``(ii) if it is not possible to directly
measure conservation benefits, means actions
taken by a fishing quota shareholder that are
deemed necessary by the Secretary to provide
such benefits.
``(B) The term `excessive share' means more than 1
percent of the total allowable catch in a fishery,
except that a Council may increase such percentage--
``(i) to no more than 5 percent, if the
Council can demonstrate that such an increase
will not be detrimental to other individual
fishing quota shareholders in the program; or
``(ii) to no more than 15 percent, if there
are 20 or fewer participants in the fishery and
the Council can demonstrate that such an
increase will not be detrimental to other
individual quota shareholders in the program.
``(C) The term `fair and equitable allocation'
means initial or subsequent allocation of fishing quota
shares based on multiple criteria that provide
consideration for--
``(i) conservation performance, including
the use of selective fishing practices that
have minimal bycatch, prevent highgrading, and
have minimal adverse impacts on essential fish
habitat;
``(ii) owner-operators of fishing vessels;
and
``(iii) long-term participation in the
fishery.''.

SEC. 342. DEFINITIONS.

Section 3 (16 U.S.C. 1802) is amended by adding at the end the
following:
``(46) The term `fishing quota system' means any system
that requires a user to acquire a Federal permit, which
specifies by a unit or units a percentage of the total
allowable catch of a fishery that may be received or held for
exclusive use by a person or a definable group of persons, to
harvest fish in a fishery, during each fishing season for which
the permission is granted, including area or community quotas,
sector quotas, fishing cooperatives, and fishing quota
programs.
``(47) The term `quota share' means a Federal permit under
a fishing quota system to harvest a quantity of fish, expressed
by a unit or units representing a percentage of the total
allowable catch of a fishery that may be received or held for
exclusive use by a person or a definable group of persons,
during each fishing season for which the permission is
granted.''.

SEC. 343. ACTION ON LIMITED ACCESS SYSTEMS.

(a) In General.--Section 304(d)(2) (16 U.S.C. 1854(d)(2)) is
amended to read as follows:
``(2)(A) Notwithstanding paragraph (1), the Secretary is authorized
and shall collect an annual fee from a person that hold or transfers a
quota share to recover the actual costs directly related to the
management and enforcement of any--
``(i) individual fishing quota program; and
``(ii) community development quota program that allocates a
percentage of the total allowable catch of a fishery to such
program.
``(B)(i) Fees collected under this paragraph shall be in addition
to any other fees charged under this Act and shall be deposited in the
Limited Access System Administration Fund established under section
305(h)(5)(B).
``(ii) Upon application by a State, the Secretary shall transfer to
such State up to 33 percent of any fee collected pursuant to
subparagraph (A) under a community development quota program and
deposited in the Limited Access System Administration Fund in order to
reimburse such State for actual costs directly incurred in the
management and enforcement of such program.
``(C) The Secretary, in consultation with the Councils, shall
promulgate regulations prescribing the method of determining under this
paragraph the ex-vessel value of fish authorized under a quota share,
the amount of fees, and the method of collecting fees.
``(D) Fees collected under subparagraph (B)(ii) from holders of
quota shares in a fishery shall be an offsetting collection and shall
be available to the Secretary only for the purposes of administering
and implementing this Act with respect to that fishery.
``(E) In addition to the other requirements of this Act, the
Secretary may not approve a fishery management plan that establishes a
limited access system that provides for the allocation of fishing
quotas (in this subsection referred to as a `fishing quota system')
unless the plan complies with section 303(d). Not later than 1 year
after receipt of recommendations from the review panel established
under section 303(d)(6), the Secretary shall issue regulations that
establish requirements for establishing a fishing quota system. The
regulations shall be developed in accordance with the recommendations
of the review panel. The regulations shall--
``(i) specify factors that shall be considered by a Council
in determining whether a fishery should be managed under a
fishing quota system;
``(ii) ensure that any fishing quota system is consistent
with the requirements of section 303(d), and require the
collection of fees in accordance with paragraph (1);
``(iii) provide for appropriate penalties for violations of
regulations governing fishing quota systems, including the
revocation of quota shares for such violations; and
``(iv) establish a central lien registry system for the
identification, perfection, and determination of lien
priorities, and nonjudicial foreclosure of encumbrances, on
fishing quotas.''.
(b) Conforming Amendments.--
(1) Quota share.--The following provisions are each amended
by striking ``individual fishing quota'' each place it appears
and inserting ``quota share'':
(A) Subsection (d)(7) of section 303 (16 U.S.C.
1853), as redesignated by section 241(2)(B) of this
Act.
(B) Section 304(c)(3) (16 U.S.C. 1854(c)(3)).
(C) Section 402(b)(1)(D) (16 U.S.C.
1881a(b)(1)(D)).
(D) Subsections (a)(1)(D), (c)(1), and (c)(2)(B) of
section 407 (16 U.S.C. 1883).
(2) Limited access system permits.--Section 305(h)(1) (16
U.S.C. 1855(h)(1)) is amended by striking ``individual''.

Subtitle E--Fisheries Science and Management

SEC. 351. SHORT TITLE.

This subtitle may be cited as the ``Fisheries Science and
Management Enhancement Act of 2005''.

SEC. 352. REGIONAL FISHERY MANAGEMENT COUNCIL COMMITTEES AND PANELS.

(a) Science and Statistical Committees.--Section 302(g)(1) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1852(g)(1)) is amended to read as follows:
``(1) Science and statistical committees.--
``(A) Requirement to establish.--Each Council shall
establish and maintain a science and statistical
committee to assist the Council in the development,
collection, and evaluation of such statistical,
biological, economic, social, and other scientific
information as is relevant to the Council's development
and amendment of any fishery management plan. The
members of the science and statistical committee shall
consist of qualified Federal, State, academic, or
independent scientists, and shall be appointed and paid
a stipend by the Administrator of the National Oceanic
and Atmospheric Administration.
``(B) Establishment of fishery and marine science
subcommittee.--Each science and statistical committee
established by a Council under this paragraph shall
include a fishery and marine science subcommittee
that--
``(i) is composed of members of the science
and statistical committee who have demonstrated
scientific expertise in fishery biological
science or marine ecology; and
``(ii) includes balanced representation of
both such disciplines on the subcommittee.
``(C) Functions of fishery and marine science
subcommittee.--In the development by a Council of any
fishery management plan or amendment to a fishery
management plan, and in the taking by a Council of any
other action that prescribes an authorized fishing
mortality level or rate, the fishery and marine science
subcommittee of the Council shall--
``(i) based on the best scientific
information available, determine for the
Council--
``(I) biological catch (including
bycatch) limits, including annual
limits, that will prevent overfishing,
rebuild overfished stocks, achieve, on
a continuing basis, the optimum yield
for such fishery, and that consider
predator-prey relationships and other
ecological factors;
``(II) specific habitat types and
areas in need of protection from the
adverse effects of fishing identified
pursuant to section 303(a)(7); and
``(III) any additional protections
required for species under the
Council's jurisdiction that are listed
as threatened species or endangered
under section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533);
``(ii) allow an opportunity for public
input on the development of the subcommittee's
determinations and create a public record of
such input and the subcommittee's response to
such input;
``(iii) publish its determinations in the
Federal Register; and
``(iv) review all conservation and
management measures developed by the Council to
determine whether such measures are at least as
stringent as the subcommittee's determinations
made under clause (i).
``(D) Recommendations.--Each fishery and marine
science subcommittee may recommend to the associated
Council conservation and management measures that are
based on and consistent with the determinations made by
the subcommittee under subparagraph (C)(i).''.
(b) Effect of Decisions and Recommendations.--Section 302(g)(5) of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1852(g)(5)) is amended by inserting ``, except decisions and
recommendations made by the fisheries and marine science subcommittees
of the science and statistical committees pursuant to paragraph
(1)(C)(i),'' after ``under this subsection''.
(c) Effect of Decisions and Recommendations.--Section 302(g) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1852(g)) is amended by adding at the end the following:
``(6) For the purposes of this subsection, the term
`qualified Federal, State, academic, or independent scientists'
means individuals who--
``(A) through publication of peer-reviewed
scientific literature and academic training, have--
``(i) demonstrated scientific expertise in
fisheries science or marine ecology; or
``(ii) demonstrated expertise in economics
or social science as it relates to fisheries
management; and
``(B) have no direct financial interest, or are not
employed by any person with a direct financial
interest, in any fishery.''.
(d) Disclosure of Financial Interest and Recusal.--Section 302(j)
of the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1852(j)) is amended by striking paragraphs (6) and (7) and
inserting the following:
``(6) Prohibition on voting.--
``(A) Prohibition.--An affected individual shall
not vote on a Council decision that would have an
effect on a financial interest that the individual is
required to disclose under paragraph (2).
``(B) Determination of effect on financial
interest.--At the request of an affected individual or
a member of the public, or upon the initiative of the
appropriate designated official, the designated
official shall make a determination for the record
whether a Council decision would have an effect on the
financial interest of an affected individual referred
to in subparagraph (A).
``(C) Review of determination.--Any Council member
or member of the public may submit a written request to
the Administrator of the National Oceanic and
Atmospheric Administration to review any determination
by the designated official under subparagraph (B),
within 10 days after such determination. Such review
shall be completed within 30 days after receipt of the
request.
``(D) Treatment of decision made pending review.--
If the Council makes a decision before the
Administrator has completed a review under subparagraph
(C), the eventual ruling by the Administrator in the
review shall be treated as a cause for invalidation or
reconsideration by the Administrator of such decision,
if the Administrator determines that the Council
decision had an effect on the financial interest of an
affected individual and the affected individual's vote
decided the Council action.
``(E) Rulemaking.--The Administrator, in
consultation with the Councils and by not later than 1
year after the date of enactment of the Fisheries
Science and Management Enhancement Act of 2005, shall
promulgate regulations that--
``(i) prohibit an affected individual from
voting in accordance with subparagraph (A); and
``(ii) allow for the making of
determinations under subparagraphs (B) and (C).
``(7) Relationship to other law.--Section 208 of title 18,
United States Code, does not apply to an affected individual
referred to in paragraph (1)(A)(ii) during any time during
which the individual is in compliance with the regulations
prescribed under paragraph (5).''.

SEC. 353. REQUIRED PROVISIONS IN FISHERY MANAGEMENT PLANS.

Section 303(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1853(a)) is amended--
(1) in paragraph (1)(A) by inserting ``and the associated
ecosystem'' before the semicolon at the end;
(2) in paragraph (1) by striking ``and'' after the
semicolon at the end of subparagraph (B), by adding ``and''
after the semicolon at the end of subparagraph (C), and by
adding at the end the following:
``(D) in the case of a plan developed by a Council,
at least as stringent as (or more stringent than) the
matters determined under section 302(g)(1)(C)(i) by the
fishery and marine science subcommittee of the
Council;''; and
(3) by amending paragraph (14) to read as follows:
``(14) allocate any quotas or other conservation and
management measures fairly and equitably among the commercial,
recreational, and charter fishing sectors in the fishery, and
allow individual sectors of the fishery to develop allocation
plans that are subject to the approval of the Council.''.

SEC. 354. PEER REVIEW.

Section 304 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1854) is amended by adding at the end the
following:
``(i) Peer Review.--
``(1) Review requirements.--The Administrator of the
National Oceanic and Atomospheric Administration, using
qualified independent scientists, shall--
``(A) periodically conduct peer reviews of
determinations made under section 302(g)(1)(C)(i) by
each fishery and marine science subcommittee of a
Council's science and statistical committee; and
``(B) upon request by a Council, conduct a peer
review of a determination made under section
302(g)(1)(C)(i) by a fishery and marine science
subcommittee of the Council's science and statistical
committee.
``(2) Implementation of determination not affected.--
Paragraph (1)(B), and any request for review under that
paragraph, shall not affect any requirement that a Council
implement a determination that is the subject of such a
request.''.

SEC. 355. COOPERATIVE RESEARCH, DATA COLLECTION, AND GEAR MODIFICATION
PROGRAM.

Section 305 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1855) is amended by adding at the end the
following:
``(j) Cooperative Research, Data Collection, and Gear Modification
Program.--In cooperation with the Councils, the fishing industry, the
conservation community, and interested academics, the Administrator of
the National Oceanic and Atmospheric Administration shall carry out a
cooperative research, data collection, and gear modification program
to--
``(1) conduct conservation engineering projects designed to
avoid bycatch, minimize the mortality of unavoidable bycatch,
or minimize fishery impacts on essential fish habitat through
modifications of fishing gear and practices;
``(2) identify ecosystem effects of fishing, to monitor
marine ecosystem trends and dynamics;
``(3) collect information on the status of stocks of fish
and the life history of managed species of fish;
``(4) provide financial assistance to fishermen to offset
the costs of modifying fishing practices and gear to meet the
requirements of this Act;
``(5) provide financial assistance to States for programs
to improve recreational fishing data; and
``(6) provide financial or other incentives for fishermen
to develop and utilize fishing gear and practices that avoid
bycatch, the mortality of unavoidable bycatch, and adverse
impacts on essential fish habitat.''.

SEC. 356. AMENDMENTS TO SALTONSTALL-KENNEDY ACT.

(a) Use of Transferred Amounts.--Section 2(b) of the Act of August
11, 1939 (15 U.S.C. 713c-3(b)), popularly known as the Saltonstall-
Kennedy Act, is amended to read as follows:
``(b) Transfer of Funds.--The Secretary of Agriculture shall
transfer to the Administrator of the National Oceanic and Atmospheric
Administration each fiscal year from moneys made available to carry out
the provisions of section 32 of such Act of August 24, 1935, an amount
equal to 30 percent of the gross receipts from duties collected under
the customs laws on fishery products (including fish, shellfish,
mollusks, crustacea, aquatic plants and animals, and any products
thereof, including processed and manufactured products), which shall be
maintained in a separate fund only for use by the Administrator--
``(1) to provide financial assistance for the purpose of
carrying out fisheries research and development projects
approved under subsection (c);
``(2) to implement the national fisheries research and
development program provided for under subsection (d);
``(3) to implement the Northwest Atlantic Ocean Fisheries
Reinvestment Program established under section 314 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1863);
``(4) to fund the Federal share of a fishing capacity
reduction program established under section 312 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1861a); and
``(5) to implement section 305(j) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1855(j)).''.
(b) Allocation of Fund Moneys.--Section 2(e)(1) of such Act (15
U.S.C. 713c-3(e)) is amended--
(1) in the first sentence by inserting ``and such other
purposes as are authorized by this Act'' after ``provisions of
this section'';
(2) by inserting after the first sentence the following:
``Amounts available for allocation under this subsection shall be in
addition to amounts appropriated for National Marine Fisheries Service
operations.'';
(3) in paragraph (1)(A) by striking ``no less than 60 per
centum $5,000,000 of such moneys'' and inserting
``$5,000,000''; and
(4) by amending paragraph (1)(B) to read as follows:
``(B) The Administrator of the National Oceanic and
Atmospheric Administration shall use the balance of the
moneys in the fund to finance activities carried out
under section 305(k) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1855(k)).''.

TITLE IV--MARINE MAMMALS

SEC. 401. EMERGING THREATS TO MARINE MAMMALS.

(a) In General.--The Chairman of the Marine Mammal Commission
shall, after consultation with interested parties and by not later than
January 1, 2007, transmit to the Administrator, the Secretary of the
Interior, the Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Resources of the House of Representatives,
and make available to the public, a report on emerging threats to
marine mammals. The report shall be developed by the Commission and its
Committee of Scientific Advisers on Marine Mammals in consultation with
individuals with knowledge and experience in marine mammal biology,
ecology, physiology, atmospheric science, chemical and physical
oceanography, bio- and ocean acoustics, and marine conservation.
(b) Content.--The report shall--
(1) identify and assess the magnitude of emerging and
existing threats to marine mammal population stocks;
(2) evaluate the health of marine mammal population stock
in the wild, and correlate that information with data on
ecosystem health, food supply, predator and prey relationships,
and other relevant physical, chemical, and biological
environmental parameters;
(3) identify data gaps in distribution, status of
population stocks, and threats to population stocks and provide
a research plan to fill such gaps; and
(4) provide recommendations for regulations or statutory
changes to the Marine Mammal Protection Act of 1972 to mitigate
such threats.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Marine Mammal Commission to carry out this section
$2,500,000 for fiscal years 2006 and 2007.

SEC. 402. NATIONAL OCEAN NOISE POLLUTION RESEARCH FUND.

Section 4 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3703) is amended by adding at the end the
following:
``(j)(1) In carrying out the purposes under section 2(b), the
Foundation shall establish a national ocean noise pollution research
endowment fund (referred to in this subsection as the `endowment fund')
to be used by the Foundation to support research and management
programs that contribute to the understanding, evaluation, mitigation,
or management of the effects of ocean noise on marine species,
including marine mammals and fish.
``(2)(A) In a manner consistent with subsection (c)(1), the
Foundation may--
``(i) accept, receive, solicit, hold, administer, and use
any gift, devise, or bequest made to the Foundation for the
express purpose of supporting the endowment fund; and
``(ii) deposit in the endowment fund any funds made
available to the Foundation under this subparagraph, including
any income or interest earned from a gift, devise, or bequest
received by the Foundation under this subparagraph.
``(B) To raise funds to be deposited in the endowment fund, the
Foundation may enter into appropriate arrangements to provide for the
design, copyright, production, marketing, or licensing of logos, seals,
decals, stamps, or any other item that the Foundation determines to be
appropriate.
``(C)(i) There is authorized to be appropriated for purposes of
transfer to the endowment fund and in addition to any other authorized
funds, $3,000,000 for each of the fiscal years 2006 through 2010. The
Secretary shall transfer to the Foundation for deposit in this
endowment fund all funds authorized to be appropriated to it by
Congress for this purpose. Notwithstanding any other provision of this
chapter, the funds hereby authorized shall be provided to, and may be
used by, the Foundation without regard to the availability of matching
contributions made by private persons and State and local government
agencies.
``(ii) Of the funds authorized to be appropriated under clause (i),
2.5 percent of the amount authorized to be appropriated for fiscal year
2006 and 1 percent of the amount authorized for subsequent fiscal years
may be used by the Foundation for the administration of the endowment
fund.
``(3)(A) The Foundation shall form, within 90 days of the
establishment of the endowment fund, a council of advisors for the
administration of the endowment fund. Such council shall consist of
persons knowledgeable in the science and policy of marine acoustic
pollution and shall include among its members--
``(i) 1 representative appointed by the Secretary;
``(ii) 1 representative appointed by the Marine Mammal
Commission; and
``(iii) representatives from nongovernmental conservation
or wildlife protection organizations and from the scientific
community.
``(B) The council established under subparagraph (A) shall identify
funding priorities, review and select proposals, and evaluate projects
that are supported by the endowment fund.
``(C) It is the intent of Congress that in making expenditures from
the endowment fund to carry out activities specified in paragraph (1),
the Foundation should give priority to funding projects on marine noise
pollution that the council of advisors determines will address--
``(i) subtle changes in marine mammal behavior, such as
those related to masking, caused by anthropogenic sounds;
``(ii) the development of noise-induced stress indicators
in marine mammals, fisheries, and other marine life;
``(iii) causal mechanisms for mass strandings and observed
traumas of beaked whales and other cetaceans;
``(iv) the development of models to predict population-
level consequences of anthropogenic sounds, or of integrated
models to assess noise effects on hearing and behavior;
``(v) the development of a global ocean noise budget;
``(vi) the development of methods for siting noise-
generating activities with the purpose of reducing impacts on
the marine environment;
``(vii) the development of alternative technologies or
control technologies that would reduce the impact of noise-
generating activities;
``(viii) the development of alternative technologies that
would reduce the level of sound produced by noise-generating
activities; or
``(ix) any other matters that are important to the
understanding, evaluation, mitigation, or management of the
effects of ocean noise on marine life.''.

SEC. 403. TAKE REDUCTION PLANS.

Section 115(b)(4) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1383b(b)(4)) is amended to read as follows:
``(4) If the Secretary determines that a take reduction plan is
necessary to reduce the taking of marine mammals incidental to engaging
in a listed fishery from a strategic stock, or for species or stocks
that interact with a fishery for which the Secretary has made a
determination under section 118(f)(1), any conservation plan prepared
under this subsection for such species or stock shall incorporate the
take reduction plan required under section 118 for such species or
stock.''.

SEC. 404. FISHERIES GEAR DEVELOPMENT TO REDUCE BYCATCH.

Section 111 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1381) is amended as follows:
(1) Subsection (a) is amended to read as follows:
``(a) Research and Development Program.--
``(1) In general.--The Secretary of Commerce (in this
section referred to as the `Secretary') shall--
``(A) carry out a program of research and
development for the purpose of devising improved
fishing methods and gear so as to reduce to the maximum
extent practicable the incidental taking of marine
mammals in connection with fishing operations; and
``(B) make every practicable effort to develop,
evaluate, and make available to owners and operators of
fishing vessels such gear and fishing method
improvements as quickly as possible.
``(2) Fishing gear buy-back program.--Subject to the
availability of appropriations, the Secretary may establish a
voluntary fishing gear buy-back program, if such action is
specifically provided for in a take reduction plan adopted
pursuant to section 118(f) or in regulations promulgated
pursuant to section 118 (f) or (g).
``(3) Coordination with other countries.--The Secretary may
coordinate with other countries to foster gear technology
transfer initiatives to reduce to the maximum extent
practicable the incidental mortality and serious injury of
marine mammals throughout the full extent of their range.''.
(2) By adding at the end the following:
``(e) Gear Research Mini-Grant Program.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary may establish a grant program to
provide financial assistance for developing, manufacturing,
testing, or designing new types of fishing gear designed to
eliminate or reduce to the maximum extent practicable the
incidental taking (including incidental mortality and serious
injury) of marine mammals.
``(2) Grant amount and purposes.--The amount of a grant
under this subsection may not exceed $20,000.
``(3) Grant applications.--To receive a grant under this
section, an applicant must submit an application in such form
and manner as the Secretary may prescribe.
``(4) Consultation regarding criteria.--The Secretary shall
consult with Marine Mammal Commission and other pertinent
Federal agencies regarding the development of criteria for the
awarding of grants under this subsection.
``(5) Administrative costs.--Of amounts available each
fiscal year to carry out this subsection, the Secretary may
expend not more than $40,000 to pay the administrative expenses
necessary to carry out this subsection.''.

SEC. 405. CLARIFICATION AND EXPANSION OF FISHERIES REQUIRED TO
PARTICIPATE IN THE INCIDENTAL TAKE PROGRAM TO BETTER
ADDRESS MARINE MAMMAL BYCATCH ASSOCIATED WITH FISHING.

(a) Listed Fishery Defined.--Section 3 of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1362) is amended by adding at the end
the following:
``(30) The term `listed fishery' means a fishery included
on the list of fisheries published pursuant to section
118(c)(1).''.
(b) Other Clarifications.--Section 118 of such Act (16 U.S.C. 1387)
is amended--
(1) in subsection (a)(1) by striking ``commercial fishing
operations'' and inserting ``engaging in a listed fishery'';
(2) in subsection (c)(1) by striking ``, within 90 days
after the date of enactment of this section'';
(3) in subsection (c)(1)(A)--
(A) by striking ``commercial'' the first place it
appears; and
(B) by striking ``commercial fisheries that have'';
(4) in subsection (c)(1)(A)(i) by inserting ``fisheries
that have'' before ``frequent incidental mortality'';
(5) in subsection (c)(1)(A)(ii) by inserting ``fisheries
that have'' before ``occasional incidental mortality'';
(6) in subsection (c)(1)(A)(iii) by inserting ``commercial
fisheries that have'' before ``a remote likelihood'';
(7) in subsection (c)(2)(A) by striking ``commercial''; and
(8) in subsection (e)--
(A) by striking ``commercial'' each place it
appears; and
(B) by striking ``Act'' and inserting ``section''.

SEC. 406. CONFORMING AMENDMENTS TO INCIDENTAL TAKE PROGRAM.

(a) Moratorium Exceptions.--Section 101 of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1371) is amended--
(1) in subsection (a)(2) by striking ``commercial'' after
``permitted in the course of'';
(2) in subsection (a)(5)(A) by striking ``commercial
fishing'' and inserting ``engaging in a listed fishery'';
(3) in subsection (a)(5)(D)(i) by striking ``commercial
fishing'' and inserting ``engaging in a listed fishery'';
(4) in subsection (a)(5)(E)(i) by striking ``commercial
fishing operations'' and inserting ``a listed fishery'';
(5) in subsection (a)(5)(E)(i)(I) by striking
``commercial'' and inserting ``such''; and
(6) in subsection (a)(5)(E)(iii)--
(A) by striking the word ``commercial'' each place
it appears; and
(B) by inserting ``those'' after ``serious injury
from''.
(b) Prohibitions.--Section 102(a)(5) of such Act (16 U.S.C.
1372(a)(5)) is amended by striking ``commercial''.
(c) Permits.--Section 104(a) of such Act (16 U.S.C. 1374(a)) is
amended by striking ``commercial''.
(d) Federal Cooperation With States.--Section 109(b)(3)(B)(i) of
such Act (16 U.S.C. 1379(b)(3)(B)(i)) is amended--
(1) by striking ``commercial''; and
(2) by striking ``(4)'' and inserting ``or section 118''.
(e) Gear Development.--Section 111 of such Act (16 U.S.C. 1381) is
further amended--
(1) by striking the section heading and inserting the
following: ``fisheries gear development''; and
(2) in subsection (d)--
(A) by striking ``commercial''; and
(B) by striking ``documented under the laws of the
United States'' and inserting ``engaged in a listed
fishery''.

SEC. 407. AUTHORIZATIONS FOR POPULATION STOCK ASSESSMENTS AND OBSERVER
PROGRAMS.

(a) Population Stock Assessment.--There are authorized to be
appropriated a total of $25,000,000, or $5,000,000 per region for each
of the fiscal years 2006, 2007, 2008, 2009, and 2010, for purposes of
collecting data of sufficient quality and quantity to permit a reliable
assessment of the status of each population stock pursuant to section
117 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1386).
(b) Observer Programs.--There are to be authorized to be
appropriated a total of $25,000,000, or $5,000,000 per region for each
of the fiscal years 2006, 2007, 2008, 2009, and 2010, for purposes of
providing greater marine mammal observer coverage levels for fisheries
listed under section 118(c)(1)(A) of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1387(c)(1)(A)).

TITLE V--COASTAL HABITAT PROTECTION AND RESTORATION

Subtitle A--Coastal and Estuarine Land Protection

SEC. 501. ESTABLISHMENT OF COASTAL AND ESTUARINE LAND PROTECTION
PROGRAM.

(a) In General.--The Administrator shall establish a Coastal and
Estuarine Land Protection Program, in cooperation with appropriate
State, regional, local, and other units of government for the purposes
of protecting the environmental integrity of important coastal and
estuarine areas, including wetlands and forests, that have significant
conservation, recreation, ecological, historical, or aesthetic values,
and that are threatened by conversion from their natural, undeveloped,
or recreational state to other uses. The program shall be administered
by the National Ocean Service of NOAA through the Office of Ocean and
Coastal Resource Management.
(b) Property Acquisition Grants.--The Administrator shall make
grants under the program to coastal States, except coastal States that
have lost less than 1 percent of their wetlands to development or
conversion to other land uses prior to the date of enactment of this
Act, with approved coastal zone management plans or National Estuarine
Research Reserve units for the purpose of acquiring property or
interests in property described in subsection (a) that will further the
goals of--
(1) a Coastal Zone Management Plan or Program approved
under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451
et seq.);
(2) a National Estuarine Research Reserve management plan;
or
(3) a regional or State watershed protection plan involving
coastal States with approved coastal zone management plans.
(c) Grant Process.--The Administrator shall allocate funds to
coastal States or National Estuarine Research Reserves under this
section through a competitive grant process in accordance with
guidelines that meet the following requirements:
(1) The Administrator shall consult with the State's
coastal zone management program, any National Estuarine
Research Reserve in that State, and the lead agency designated
by the Governor for coordinating the establishment and
implementation of this Act (if different from the coastal zone
management program).
(2) Each participating State shall identify priority
conservation needs within the State, the values to be protected
by inclusion of lands of the program, and the threats to those
values that should be avoided.
(3) Each participating State shall evaluate how the
acquisition of property or easements might impact waterfront
working needs.
(4) The applicant shall identify the values to be protected
by inclusion of the lands in the program, management activities
that are planned and the manner in which they may affect the
values identified, and any other information from the landowner
relevant to administration and management of the land.
(5) Awards shall be based on demonstrated need for
protection and ability to successfully leverage funds among
participating entities, including Federal programs, regional
organizations, State and other governmental units, landowners,
corporations, or private organizations.
(6) Applications must be determined to be consistent with
the State's or territory's approved coastal zone plan, program
and policies prior to submittal to the Administrator.
(7) Priority shall be given to lands described in
subsection (a) that can be effectively managed and protected
and that have significant ecological or watershed protection
value, including lands within the Coastal Barrier Resources
System that may be available for acquisition.
(8) In developing guidelines under this section, the
Secretary shall consult with other Federal agencies and non-
governmental entities expert in land acquisition and
conservation procedures.
(9) Eligible States or National Estuarine Research Reserves
may allocate grants to local governments or agencies eligible
for assistance under section 306A(e) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1455a(e)) and may acquire
lands in cooperation with nongovernmental entities and Federal
agencies.
(10) The Administrator shall develop performance measures
that will allow periodic evaluation of the program's
effectiveness in meeting the purposes of this section and such
evaluation shall be reported to Congress.
(d) Matching Requirements.--
(1) In general.--The Administrator may not make a grant
under the program unless the Federal funds are matched by non-
Federal funds in accordance with this subsection.
(2) Maximum federal share.--
(A) 75 percent federal funds.--No more than 75
percent of the funding for any grant under this section
shall be derived from Federal sources, unless such
requirement is specifically waived by the
Administrator.
(B) Waiver of requirement.--The Administrator may
grant a waiver of the limitation in subparagraph (A)
for underserved communities, communities that have an
inability to draw on other sources of funding because
of the small population or low income of the community,
or for other reasons the Administrator deems
appropriate.
(3) Source of matching cost share.--For purposes of
paragraph (2)(A), the non-Federal cost share for a project may
be determined by taking into account the following:
(A) Land value may be used as non-Federal match if
the lands are identified in project plans and acquired
within three years prior to the submission of the
project application or after the submission of a
project application until the project grant is closed
(not to exceed 3 years). The appraised value of the
land at the time of project closing will be considered
the non-Federal cost share.
(B) Costs associated with land acquisition, land
management planning, remediation, restoration, and
enhancement may be used as non-Federal match if the
activities are identified in the plan and expenses are
incurred within the period of the grant award. These
costs may include either case or in-kind contributions.
(e) Limit on Administrative Costs.--No more than 5 percent of the
funds made available to the Administrator under this section shall be
used by the Administrator for planning or administration of the
program. The Administrator shall provide a report to Congress with an
account of all expenditures under this section for fiscal year 2006 and
triennially thereafter.
(f) Title and Management of Acquired Property.--
(1) In general.--If any property is acquired in whole or in
part with funds made available through a grant under this
section, the grant recipient shall provide such assurances as
the Administrator may require that--
(A) the title to the property will be held by the
grant recipient or other appropriate public agency
designated by the recipient in perpetuity; and
(B) the property will be managed in a manner that
is consistent with the purposes for which the land
entered into the program and shall not convert such
property to other uses.
(2) Conservation easement.--In this subsection, the term
``conservation easement'' includes an easement, recorded deed,
or interest deed where the grantee acquires all rights, title,
and interest in a property, that do not conflict with the goals
of this Act except those rights, title, and interests that may
run with the land that are expressly reserved by a grantor and
are agreed to at the time of purchase.
(g) Definitions.--In this section, the term ``coastal State'' has
the meaning given that term by section 304(4) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453(4)), and any other term used in
this section that is defined in section 304 of that Act has the meaning
given that term in that section.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator $500,000,000 for each of the fiscal
years 2006 through 2010 to carry out this section.

SEC. 502. ASSISTANCE FROM OTHER AGENCIES.

Section 310(a) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1456c(a)) is amended by striking ``any qualified person for the
purposes of carrying out this subsection.'' and inserting ``any other
Federal agencies (including interagency financing of Coastal America
activities) and any other qualified person for the purposes of carrying
out this section.''.

Subtitle B--Coastal Barrier Resources System

SEC. 511. PACIFIC COASTAL BARRIERS.

Not later than 3 years after the date of the enactment of this Act,
the Secretary of the Interior shall--
(1) reexamine the matters relating to undeveloped coastal
barriers that were required to be examined under section 6(1)
of the Coastal Barrier Improvement Act of 1990 (Public Law 101-
591; 104 Stat. 2936; 16 U.S.C. 3503 note) including a revised
definition of the term ``coastal barrier'' to take into account
the unique topography and geography of the Pacific coast and
the land formations that function as coastal barriers;
(2) prepare or update maps identifying the boundaries of
those undeveloped coastal barriers in light of the results of
the reexamination carried out under paragraph (1); and
(3) submit such maps to Congress.

Subtitle C--Community-Based Restoration Program for Fishery and Coastal
Habitats

SEC. 521. ESTABLISHMENT, PURPOSE, AND ACTIVITIES.

(a) In General.--The Administrator shall establish a Community-
Based Restoration Program.
(b) Purpose.--The purpose of the Community-Based Restoration
Program is to implement and support the restoration of fishery and
coastal habitats.
(c) Activities.--The Community-Based Restoration Program is
authorized to carry out activities to fulfill the purpose of the
Program, including--
(1) providing funds and technical expertise to assist
communities in restoring fishery and coastal habitat;
(2) advancing the science and monitoring of coastal habitat
restoration;
(3) transferring restoration technologies to the private
sector, the public, and government agencies;
(4) developing partnerships to accomplish sound coastal
restoration projects;
(5) promoting significant community support and volunteer
participation;
(6) promoting stewardship and an abiding conservation
ethic; and
(7) leveraging resources through national, regional, and
local partnerships.

SEC. 522. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated $50,000,000 for each of the
fiscal years 2006 through 2010 to carry out this subtitle.

Subtitle D--National Flood Insurance Program

SEC. 531. PERIODIC UPDATING OF FLOODPLAIN AREAS AND FLOOD RISK ZONES.

(a) Required Updating Every 5 Years.--Subsection (e) of section
1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101) is
amended--
(1) by striking ``(e) Review of Flood Maps.--Once'' and
inserting the following:
``(e) Periodic Update of Flood Maps.--Once'';
(2) by striking ``assess the need to''; and
(3) by inserting before the period at the end the
following: ``and changes in floodplain contours and resulting
risks caused by storm, flooding, erosion, rise in the general
level of oceans, and any other different circumstances''.
(b) Conforming Amendment.--Subsection (f) is amended by striking
``(f)'' and all that follows through ``(2) upon'' and inserting the
following:
``(f) Requested Updates.--The Director of the Federal Emergency
Management Agency (referred to in this title as `Director') shall also
revise and update any floodplain areas and flood risk zones upon''.

SEC. 532. CRITERIA FOR LAND MANAGEMENT AND USE.

Subsection (c) of section 1361 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4102) is amended to read as follow:
``(c)(1) The Director shall develop criteria designed to help
prevent development and substantial redevelopment in, and the
relocation of repetitive claims improvements from, the following areas:
``(A) Erosion zones in coastal areas.
``(B) Coastal habitat areas, including--
``(i) wetlands;
``(ii) estuarine shorelines;
``(iii) any other coastal area that is designated
under a Federal Government or State program as
protected habitat.
``(2) In developing criteria under this subsection, the Director
shall consult with local government representatives and administrators
of State coastal zone management programs.
``(3) In this subsection:
``(A) The term `substantial redevelopment' means any
reconstruction of a damaged improvement to real property if the
extent of the damage involved exceeds 40 percent of the
improvement.
``(B) The term `repetitive claims improvement' means any
improvement to real property for which more than 3 separate
claims for losses are submitted for payment under this Act.''.

SEC. 533. LOSSES FROM EROSION AND UNDERMINING OF SHORELINES.

(a) Reenactment of Findings and Purposes.--Section 1302 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4001) is amended by
adding at the end the following new subsection (g):
``(g) The Congress also finds that (1) the damage and loss which
may result from the erosion and undermining of shorelines by waves or
currents in lakes and other bodies of water exceeding anticipated
cyclical levels is related in cause and similar in effect to that which
results directly from storms, deluges, overflowing waters, and other
forms of flooding, and (2) the problems involved in providing
protection against this damage and loss, and the possibilities for
making such protection available through a Federal or federally-
sponsored program, are similar to those which exist in connection with
efforts to provide protection against damage and loss caused by such
other forms of flooding. It is therefore the further purpose of this
title to make available, by means of the methods, procedures, and
instrumentalities which are otherwise established or available under
this title for purposes of the flood insurance program, protection
against damage and loss resulting from the erosion and undermining of
shorelines by waves or currents in lakes and other bodies of water
exceeding anticipated cyclical levels.''.
(b) Delineation of Erosion Zones on Maps.--Subsection (g) of
section 1360 of such Act (42 U.S.C. 4101) is amended--
(1) by striking ``(g) Availability of Flood Maps.--To
promote'' and inserting the following:
``(g) Availability of Flood Maps.--
``(1) Requirement for maps.--To promote''; and
(2) by adding at the end the following new paragraphs:
``(2) Delineation of erosion zones.--
``(A) Requirement for delineation.--The maps and
other information provided under paragraph (1) shall
include a delineation of erosion zones as follows:
``(i) 30-year erosion zones.--Zones in
which land erodes over 30 years at an average
annual rate of erosion sufficient to undermine
physical improvements to the land over such 30-
year period.
``(ii) 60-year erosion zones.--Zones in
which land erodes over 60 years at an average
annual rate of erosion sufficient to undermine
physical improvements to the land over such 60-
year period.
``(B) Consultation requirement.--In delineating
erosion zones for the purposes of this paragraph, the
Director shall consult with administrators of State
coastal zone management programs and other appropriate
officials of State governments, as well as with
appropriate officials of the Federal Government.
``(3) Relationship to updating requirements.--Subsections
(e) and (f) apply to the maps made available under this
section.''.
(c) Ineligibility of Properties in Erosion Zones.--Section 1305 of
such Act (42 U.S.C. 4012) is amended by adding at the end the following
new subsection:
``(d) Properties in Erosion Zones.--
``(1) Ineligibility for insurance coverage.--The following
properties in areas delineated under section 1360(g) as erosion
zones may not be insurable under this Act:
``(A) New residential construction, including new
development and substantial redevelopment, in 30-year
erosion zones as so delineated.
``(B) New commercial construction, including new
development and substantial redevelopment, in 60-year
erosion zones as so delineated.
``(2) Substantial redevelopment defined.--In this
subsection, the term `substantial redevelopment' means any
reconstruction of a damaged improvement to real property if the
extent of the damage involved exceeds 40 percent of the
improvement.''.

SEC. 534. SPECIAL UPDATES OF MAPS.

Not later than 3 years after the date of the enactment of this Act,
the Director shall publish under the National Flood Insurance Program
updated floodplain maps and flood risk insurance rate maps that
accurately reflect flood and erosion risks.

TITLE VI--OCEAN EDUCATION

SEC. 601. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION NATIONAL
OFFICE OF EDUCATION.

(a) In General.--The Administrator shall conduct, develop, support,
promote, and coordinate national education activities described in
section 177 that enhance public awareness and understanding of the
science, service, and stewardship missions of NOAA. In planning
activities under this section, the Administrator shall consult with the
Subcommittee and build upon the educational programs and activities of
the National Sea Grant College Program, the National Marine Sanctuaries
Program, the National Estuarine Research Reserve System, and Coastal
Zone Management programs. Authorized activities shall include education
of the general public, teachers, students at all levels, and ocean and
coastal managers and stakeholders. In carrying out educational
activities, the Administrator may enter into grants, contracts,
cooperative agreements, resource sharing agreements, or interagency
financing with Federal, State, and regional agencies, tribes,
commercial organizations, educational institutions, nonprofit
organizations, or other persons.
(b) Establishment.--The Administrator shall establish a national
Office of Education to provide interagency and intraagency coordination
of the education activities of NOAA and to ensure full participation in
the ocean and coastal education program established under section 177.
The Office of Education shall promote and provide oversight of agency
education activities and shall--
(1) integrate agency science into high-quality educational
materials;
(2) improve access to NOAA educational resources;
(3) support educator professional development programs to
improve understanding and use of agency sciences;
(4) promote participation in agency-related sciences and
careers, particularly by members of underrepresented groups;
(5) leverage partnerships to enhance formal and informal
environmental science education;
(6) build capability within the agency for educational
excellence;
(7) create and implement effective approaches to
disseminate agency products and ocean information to the
general public; and
(8) encourage public involvement in coastal and ocean
stewardship.
(c) Educational Partnership Program.--The Administrator shall
establish an educational partnership with minority-serving institutions
to provide support for cooperative science centers, an environmental
entrepreneurship program, a graduate sciences program, and an
undergraduate scholarship program.

SEC. 602. AMENDMENT TO THE NATIONAL SEA GRANT COLLEGE PROGRAM ACT.

Section 212(a) of the National Sea Grant College Program Act (33
U.S.C. 1131(a)) is amended by adding at the end the following new
paragraph:
``(3) Marine and aquatic science education.--In addition to
the amounts authorized for each fiscal year under paragraphs
(1) and (2), there are authorized to be appropriated for marine
and aquatic science education for each of fiscal years 2006
through 2010--
``(A) $6,000,000 in increased funding for the
educational activities of Sea Grant programs;
``(B) $4,000,000 for competitive grants for
projects and research that target national and regional
marine and aquatic science literacy;
``(C) $5,000,000 for competitive grants to support
educational partnerships under the ocean and coastal
education program established under section 177 of the
National Oceans Protection Act of 2005 or other
appropriate mechanism; and
``(D) $10,000,000 for graduate fellowships and
competitive distinguished professorships in marine
science.''.

SEC. 603. NATIONAL OCEAN AWARENESS MEDIA CAMPAIGN.

(a) In General.--The Administrator shall conduct a national media
campaign in accordance with this section for the purpose of increasing
public awareness and interest in the oceans, through mass media
advertising.
(b) Coordination With State, Regional, and Local Efforts.--To the
extent practicable, the campaign shall coordinate with existing State,
regional, and local education efforts.
(c) Use of Funds.--
(1) In general.--Amounts made available to carry out this
section for the media campaign may only be used for the
following:
(A) The purchase of media time and space.
(B) Creative and talent costs.
(C) Advertising production costs.
(D) Testing and evaluation of advertising.
(E) Evaluation of the effectiveness of the media
campaign.
(F) The negotiated fees for the winning bidder on
requests for proposals issued either by the
Administrator or a designee for purposes otherwise
authorized in this section.
(G) Partnerships with community, civic, and
professional groups and government organizations
related to the media campaign.
(H) Entertainment industry outreach, interactive
outreach, media projects and activities, public
information, news media outreach, and corporate
sponsorship and participation.
(I) Operational and management expenses.
(2) Specific requirements.--
(A) Creative services.--In using amounts for
creative and talent costs under paragraph (1)(B), the
Administrator shall use creative services donated at no
cost to the Government wherever feasible and may only
procure creative services for advertising--
(i) responding to high-priority or emergent
campaign needs that cannot timely be obtained
at no cost; or
(ii) intended to reach a minority, ethnic,
or other special audience that cannot
reasonably be obtained at no cost.
(B) Testing and evaluation of advertising.--In
using amounts for testing and evaluation of advertising
under paragraph (1)(D), the Administrator shall test
all advertisements prior to use in the media campaign
to ensure that the advertisements are effective and
meet industry-accepted standards. The Administrator may
waive this requirement for advertisements using no more
than 10 percent of the purchase of advertising time
purchased under this section in an fiscal year and no
more than 10 percent of the advertising space purchased
under this section in a fiscal year, if the
advertisements respond to emergent and time-sensitive
campaign needs or the advertisements will not be widely
utilized in the media campaign.
(C) Evaluation of effectiveness of media
campaign.--In using amounts for the evaluation of the
effectiveness of the media campaign under paragraph
(1)(E), the Administrator shall--
(i) designate an independent entity to
evaluate annually the effectiveness of the
national media campaign based on data from--
(I) public feedback; and
(II) other relevant studies or
publications, as determined by the
Administrator, including tracking and
evaluation data collected according to
marketing and advertising industry
standards; and
(ii) ensure that the effectiveness of the
media campaign is evaluated in a manner that
enables consideration of whether the media
campaign has contributed to increasing the
ocean literacy of the public and such other
measures of evaluation as the Director
determines are appropriate.
(3) Purchase of advertising time and space.--For each
fiscal year, not less than 77 percent of the amounts
appropriated under this section shall be used for the purchase
of advertising time and space for the media campaign.
(d) Advertising.--In carrying out this section, the Administrator
shall devote sufficient funds to the advertising portion of the
national media campaign to meet the goals of the campaign.
(e) Prohibitions.--None of the amounts made available under
subsection (c) may be obligated or expended for any of the following:
(1) To supplant current oceans community-based coalitions.
(2) To supplant pro bono public service time donated by
national and local broadcasting networks for other public
service campaigns.
(3) For partisan political purposes, or express advocacy in
support of or to defeat any clearly identified candidate,
clearly identified ballot initiative, or clearly identified
legislative or regulatory proposal.
(4) To fund advertising that features any elected
officials, persons seeking elected office, cabinet level
officials, or other Federal officials employed pursuant to
section 213 of schedule C of title 5, Code of Federal
Regulations.
(5) To fund advertising that does not contain a primary
message intended to increase awareness and promote the
protection, maintenance, and restoration of marine ecosystem
health.
(6) To fund advertising containing a primary message
intended to promote support for the media campaign or private
sector contributions to the media campaign.
(f) Financial and Performance Accountability.--The Administrator
shall cause to be performed--
(1) audits and reviews of costs of the media campaign
pursuant to section 304C of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254d); and
(2) an audit of the cost of the media campaign described in
section 306 of such Act (41 U.S.C. 256).
(g) Strategic Advisor.--
(1) In general.--The Administrator shall select a primary
outside strategic advisor for the media campaign to be
responsible for coordinating donations of creative and other
services to the campaign, except with respect to advertising
created using funds permitted in subsection (c).
(2) Selection.--The Administrator shall select the
strategic advisor based solely on merit and the demonstrated
success and experience of the candidates. The Administrator may
consider the National Marine Sanctuaries Foundation, the
National Fish and Wildlife Foundation, or any other entity for
the strategic advisor.
(3) Role of strategic advisor.--The Administrator shall
inform the advisor of the strategic goals of the campaign and
consider such advice of the selected advisor on media campaign
strategy.
(h) Report to Congress.--The Administrator shall submit on an
annual basis a report to Congress that describes--
(1) the strategy of the media campaign and whether specific
objectives of the media campaign were accomplished;
(2) steps taken to ensure that the media campaign operates
in an effective and efficient manner consistent with the
overall strategy and focus of the media campaign;
(3) plans to purchase advertising time and space;
(4) policies and practices implemented to ensure that
Federal funds are used responsibly to purchase advertising time
and space and eliminate the potential for waste, fraud, and
abuse; and
(5) all contracts entered into with a corporation,
partnership, or individual working on behalf of the media
campaign.
(i) Local Target Requirement.--The Administrator shall, to the
maximum extent feasible, use amounts made available under this section
for media that focuses on, or includes specific information on,
prevention or treatment resources for consumers within specific local
areas.

SEC. 604. AUTHORIZATION OF APPROPRIATIONS.

(a) National Oceanic and Atmospheric Administration.--
(1) Office of education.--In addition to the amounts
authorized under subsections (a) and (b) and under the National
Sea Grant College Program Act, there are authorized to be
appropriated to the Administrator $25,000,000 for each of the
fiscal years 2006 through 2010 for educational activities under
section 601(b).
(2) Educational partnership program.--There are authorized
to be appropriated to the Administrator $15,000,000 for each of
fiscal years 2006 through 2010 for educational activities under
section 601(b).
(b) National Ocean Awareness Media Campaign.--Of the amounts
authorized annually to NOAA, there are authorized to be appropriated to
carry out section 603, $2,000,000 for each of fiscal years 2006 through
2008.
(c) Availability.--Sums appropriated under this section shall
remain available until expended.

TITLE VII--NONINDIGENOUS AQUATIC NUISANCE PREVENTION

Subtitle A--Ballast Water Management

SEC. 701. SHORT TITLE.

This subtitle may be cited as the ``Ballast Water Management Act of
2005''.

SEC. 702. FINDINGS.

Congress finds the following:
(1) The introduction of aquatic invasive species into the
Nation's waters is one of the most urgent issues facing the
marine environment in the United States.
(2) The direct and indirect costs of aquatic invasive
species to the economy of the United States amount to billions
of dollars per year.
(3) Invasive species are thought to have been involved in
70 percent of the last century's extinctions of native aquatic
species.
(4) Invasive aquatic species are a significant problem in
all regions of the United States, including Hawaii, Alaska, San
Francisco Bay, the Great Lakes, the Southeast, and the
Chesapeake Bay.
(5) Ballast water from ships is one of the largest pathways
for the introduction and spread of aquatic invasive species.
(6) It has been estimated that some 10,000 non-indigenous
aquatic organisms travel around the globe each day in the
ballast water of cargo ships.
(7) Over 2,000,000,000 gallons of ballast water are
discharged in United States waters each year. Ballast water may
be the source of the largest volume of foreign organisms
released on a daily basis into American ecosystems.
(8) Ballast water has been found to transport not only
invasive plants and animals but human diseases as well, such as
cholera.
(9) Invasive species may also be introduced by other vessel
conduits, including the hulls of ships.
(10) Invasive aquatic species may originate in other
countries, or from distinct regions in the United States.
(11) An average of 72 percent of all fish species
introduced in the Southeast have become established, many of
which are native to the United States but transplanted outside
their native ranges.
(12) The introduction of non-indigenous species has been
closely correlated with the disappearance of indigenous species
in Hawaii and other islands.
(13) Despite the efforts of more than 20 State, Federal,
and private agencies, unwanted alien pests are entering Hawaii
at an alarming rate, approximately 2,000,000 times more rapid
than the natural rate.
(14) Current Federal programs are insufficient to
effectively address this growing problem.
(15) Preventing aquatic invasive species from being
introduced is the most cost-effective approach for addressing
this issue, because once established, they are costly and
sometimes impossible to control.

SEC. 703. BALLAST WATER MANAGEMENT.

(a) In General.--Section 1101 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711) is amended to read
as follows:

``SEC. 1101. BALLAST WATER MANAGEMENT.

``(a) Vessels to Which Section Applies.--
``(1) In general.--This section applies to a vessel that is
designed or constructed to carry ballast water; and
``(A) is a vessel of the United States (as defined
in section 2101(46) of title 46, United States Code);
or
``(B) is a foreign vessel that--
``(i) is en route to a United States port;
or
``(ii) has departed from a United States
port and is within the exclusive economic zone.
``(2) Exceptions.--Notwithstanding paragraph (1), this
section does not apply to--
``(A) permanent ballast water in a sealed tank on a
vessel that is not subject to discharge;
``(B) a vessel of the Armed Forces; or
``(C) a vessel, or category of vessels, exempted by
the Administrator of the National Oceanic and
Atmospheric Administration under paragraph (4).
``(3) Standards for vessels of the armed forces.--With
respect to a vessel of the Armed Forces that is designed or
constructed to carry ballast water, the Secretary of Defense,
after consultation with the Administrator of the Environmental
Protection Agency and the Administrator of the National Oceanic
and Atmospheric Administration, shall promulgate ballast water
and sediment management standards for such vessels that, so far
as is reasonable and practicable, achieve environmental results
that are comparable to those achieved by the requirements of
this section in waters subject to the jurisdiction of the
United States. In promulgating those standards, the Secretary
of Defense may take into account the standards promulgated for
such vessels under section 312 of the Clean Water Act (33
U.S.C. 1322) to the extent that compliance with those standards
would meet the requirements of this Act.
``(4) Vessel exemptions by secretary.--The Administrator of
the National Oceanic and Atmospheric Administration (referred
to in this section as the `Administrator') may exempt a vessel,
or category of vessels, from the application of this section if
the Administrator determines, after consultation with the
Administrator of the Environmental Protection Agency, that
ballast water discharge from the vessel or category of vessels
will not have an adverse impact (as defined in section 1003(1)
of this Act), based on factors including the origin and
destination of the voyages undertaken by such vessel or
category of vessels.
``(5) Coast Guard Assessment and Report.--Within 180 days
after the date of enactment of the Ballast Water Management Act
of 2005, the Commandant of the Coast Guard shall transmit a
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure containing--
``(A) an assessment of the magnitude of ballast
water operations from vessels designed or constructed
to carry ballast water that are not described in
paragraph (1) that are transiting waters subject to the
jurisdiction of the United States; and
``(B) recommendations, including legislative
recommendations if appropriate, of options for
addressing such ballast water operations.
``(b) Uptake and Discharge of Ballast Water and Sediment.--
``(1) Prohibition.--The operator of a vessel to which this
section applies may not conduct the uptake or discharge of
ballast water and sediment except as provided in this section.
``(2) Exceptions.--Paragraph (1) does not apply to the
uptake or discharge of ballast water and sediment in the
following circumstances:
``(A) The uptake or discharge is solely for the
purpose of--
``(i) ensuring the safety of vessel in an
emergency situation; or
``(ii) saving a life at sea.
``(B) The uptake or discharge is accidental and the
result of damage to the vessel or its equipment and--
``(i) all reasonable precautions to prevent
or minimize ballast water and sediment
discharge have been taken before and after the
damage occurs, the discovery of the damage, and
the discharge; and
``(ii) the owner or officer in charge of
the vessel did not willfully or recklessly
cause the damage.
``(C) The uptake or discharge is solely for the
purpose of avoiding or minimizing the discharge of
pollution from the vessel.
``(D) The uptake and subsequent discharge on the
high seas of the same ballast water and sediment.
``(E) The uptake or discharge of ballast water and
sediment occurs at the same location where the whole of
the ballast water and sediment that is discharged was
taken up and there is no mixing with unmanaged ballast
water and sediment from another area.
``(3) Special rule for the great lakes.--Paragraph (2) does
not apply to a vessel subject to the regulations under
subsection (e)(2) until the vessel is required to conduct
ballast water treatment in accordance with subsection (f) of
this section.
``(c) Vessel Ballast Water Management Plan.--
``(1) In general.--A vessel to which this section applies
shall conduct all its ballast water management operations in
accordance with a ballast water management plan that--
``(A) meets the requirements prescribed by the
Administrator by regulation; and
``(B) is approved by the Administrator.
``(2) Approval criteria.--The Administrator may not approve
a ballast water management plan unless the Administrator
determines that the plan--
``(A) describes in detail safety procedures for the
vessel and crew associated with ballast water
management;
``(B) describes in detail the actions to be taken
to implement the ballast water management requirements
established under this section;
``(C) describes in detail procedures for disposal
of sediment at sea and on shore;
``(D) designates the officer on board the vessel in
charge of ensuring that the plan is properly
implemented;
``(E) contains the reporting requirements for
vessels established under this section; and
``(F) meets all other requirements prescribed by
the Administrator.
``(3) Copy of plan on board vessel.--The owner or operator
of a vessel to which this section applies shall maintain a copy
of the vessel's ballast water management plan on board at all
times.
``(d) Vessel Ballast Water Record Book.--
``(1) In general.--The owner or operator of a vessel to
which this section applies shall maintain a ballast water
record book on board the vessel in which--
``(A) each operation involving ballast water is
fully recorded without delay, in accordance with
regulations promulgated by the Secretary; and
``(B) each such operation is described in detail,
including the location and circumstances of, and the
reason for, the operation.
``(2) Availability.--The ballast water record book--
``(A) shall be kept readily available for
examination by the Administrator at all reasonable
times; and
``(B) notwithstanding paragraph (1), may be kept on
the towing vessel in the case of an unmanned vessel
under tow.
``(3) Retention period.--The ballast water record book
shall be retained--
``(A) on board the vessel for a period of 2 years
after the date on which the last entry in the book is
made; and
``(B) under the control of the vessel's owner for
an additional period of 3 years.
``(4) Regulations.--In the regulations prescribed under
this section, the Secretary shall require, at a minimum, that--
``(A) each entry in the ballast water record book
be signed and dated by the officer in charge of the
ballast water operation recorded; and
``(B) each completed page in the ballast water
record book be signed and dated by the master of the
vessel.
``(5) Alternative means of recordkeeping.--The
Administrator may provide by regulation for alternative methods
of recordkeeping, including electronic recordkeeping, to comply
with the requirements of this subsection.
``(e) Ballast Water Exchange Requirements.--
``(1) In general.--Until a vessel conducts ballast water
treatment in accordance with the requirements of subsection (f)
of this section, the operator of a vessel to which this section
applies may not conduct the uptake or discharge of ballast
water unless the operator conducts ballast water exchange, in
accordance with regulations prescribed by the Administrator, in
a manner that results in an efficiency of at least 95 percent
volumetric exchange of the ballast water for each ballast water
tank.
``(2) Special rule for vessels in the great lakes.--
``(A) In general.--Notwithstanding any other
provision of this subsection, under regulations
prescribed by the Administrator to prevent the
introduction and spread of aquatic nuisance species
into the Great Lakes through the ballast water of
vessels, operators of vessels equipped with ballast
water tanks that enter a United States port on the
Great Lakes after operating on the waters beyond the
exclusive economic zone shall--
``(i) carry out exchange of ballast water
on the waters beyond the exclusive economic
zone prior to entry into any port within the
Great Lakes; or
``(ii) carry out an exchange of ballast
water in other waters where the exchange does
not pose a threat of infestation or spread of
aquatic nuisance species in the Great Lakes and
other waters of the United States, as
recommended by the Task Force under section
1102(a)(1).
``(B) Additional matters covered by the
regulations.--The regulations shall--
``(i) not affect or supersede any
requirements or prohibitions pertaining to the
discharge of ballast water into waters of the
United States under the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.);
``(ii) provide for sampling procedures to
monitor compliance with the requirements of the
regulations;
``(iii) prohibit the operation of a vessel
in the Great Lakes if the master of the vessel
has not certified to the Secretary or the
Secretary's designee by not later than the
departure of that vessel from the first lock in
the St. Lawrence Seaway that the vessel has
complied with the requirements of the
regulations;
``(iv) protect the safety of--
``(I) each vessel; and
``(II) the crew and passengers of
each vessel;
``(v) take into consideration different
operating conditions; and
``(vi) be based on the best scientific
information available.
``(C) Hudson river port.--The regulations under
this paragraph also apply to vessels that enter a
United States port on the Hudson River north of the
George Washington Bridge.
``(D) Education and technical assistance
programs.--The Administrator may carry out education
and technical assistance programs and other measures to
promote compliance with the regulations issued under
this paragraph.
``(3) Exchange areas.--
``(A) In general.--Except as provided in
subparagraphs (B), (C), and (D), the operator of a
vessel to which this section applies shall conduct
ballast water exchange in accordance with regulations
prescribed by the Administrator--
``(i) at least 200 nautical miles from the
nearest land; and
``(ii) in water at least 200 meters in
depth.
``(B) Minimum distance and depth.--
``(i) In general.--Except as provided in
subparagraph (C), if the operator of a vessel
is unable to conduct ballast water exchange in
accordance with subparagraph (A), the ballast
water exchange shall be conducted in water that
is--
``(I) as far as possible from land;
``(II) at least 50 nautical miles
from land; and
``(III) in water of at least 200
meters in depth.
``(ii) Limitation.--The operator of a
vessel may not conduct ballast water exchange
in accordance with clause (i) in any area with
respect to which the Administrator has
determined, after consultation with the
Administrator of the Environmental Protection
Agency, that ballast water exchange in the area
will have an adverse impact, notwithstanding
the fact that the area meets the distance and
depth criteria of clause (i).
``(C) Exchange in designated area.--
``(i) In general.--If the operator of a
vessel is unable to conduct ballast water
exchange in accordance with subparagraph (B),
the operator of the vessel may conduct ballast
water exchange in an area that does not meet
the distance and depth criteria of subparagraph
(B) in such areas as may be designated by the
Administrator, determined in consultation with
the Secretary and the Administrator of the
Environmental Protection Agency, for that
purpose.
``(ii) Charting.--The Administrator, in
consultation with the Secretary, shall
designate such areas on nautical charts.
``(iii) Limitation.--The Administrator may
not designate an area under clause (i) if a
ballast water exchange in that area could have
an adverse impact, as determined by the
Secretary in consultation with the
Administrator of the Environmental Protection
Agency.
``(D) Safety or stability exception.--
``(i) In general.--Subparagraphs (A), (B),
and (C) do not apply to the discharge or uptake
of ballast water if the master of a vessel
determines that compliance with subparagraph
(A), (B), or (C), whichever applies, would
threaten the safety or stability of the vessel,
its crew, or its passengers because of adverse
weather, ship design or stress, equipment
failure, or any other relevant condition.
``(ii) Notification required.--Whenever the
master of a vessel conducts a ballast water
discharge or uptake under the exception
described in clause (i), the master of the
vessel shall notify the Administrator as soon
as practicable thereafter but no later than 24
hours after the ballast water discharge or
uptake commenced.
``(iii) Limitation on volume.--The volume
of any ballast water taken up or discharged
under the exception described in clause (i) may
not exceed the volume necessary to ensure the
safe operation of the vessel.
``(iv) Review of circumstances.--If the
master of a vessel conducts a ballast water
discharge or uptake under the exception
described in clause (i) on more than 2 out of 6
sequential voyages, the Administrator shall
review the circumstances to determine whether
those ballast water discharges or uptakes met
the requirements of this subparagraph. The
review under this clause shall be in addition
to any other enforcement activity by the
Administrator.
``(E) Inability to comply with exchange area
requirements.--
``(i) Deviation or delay of voyage.--In
determining the ability of the operator of a
vessel to conduct ballast water exchange in
accordance with the requirements of
subparagraph (A) or (B), a vessel is not
required to deviate from its intended voyage or
unduly delay its voyage to comply with those
requirements.
``(ii) Partial compliance.--An operator of
a vessel that is unable to comply fully with
the requirements of subparagraph (A) or (B),
shall conduct ballast water exchange to the
maximum extent feasible in compliance with
those subparagraphs.
``(F) Special rule for the great lakes.--This
paragraph does not apply to vessels subject to the
regulations under paragraph (2).
``(f) Ballast Water Treatment Requirements.--
``(1) In general.--Subject to the implementation schedule
in paragraph (3), before discharging ballast water in waters
subject to the jurisdiction of the United States a vessel to
which this section applies shall conduct ballast water
treatment so that the ballast water discharged will contain--
``(A) less than 0.1 living organisms per cubic
meter that are 50 or more micrometers in minimum
dimension;
``(B) less than 0.1 living organisms per milliliter
that are less than 50 micrometers in minimum dimension
and more than 10 micrometers in minimum dimension;
``(C) concentrations of indicator microbes that are
less than--
``(i) 1 colony-forming unit of Toxicogenic
vibrio cholera (O1 and O139) per 100
milliliters, or less than 1 colony-forming unit
of that microbe per gram of wet weight of
zoological samples;
``(ii) 126 colony-forming units of
escherichi coli per 100 milliliters; and
``(iii) 33 colony-forming units of
intestinal enterococci per 100 milliliters; and
``(D) concentrations of such indicator microbes as
may be specified in regulations promulgated by the
Secretary that are less than the amount specified in
those regulations.
``(2) Reception facility exception.--Paragraph (1) does not
apply to a vessel that discharges ballast water into a
reception facility that meets standards prescribed by the
Administrator, in consultation with the Administrator of the
Environmental Protection Agency, for the reception of ballast
water that provide for the reception of ballast water and its
disposal or treatment in a way that does not impair or damage
the environment, human health, property, or resources. The
Administrator may not prescribe such standards that are less
stringent than any otherwise applicable Federal, State, or
local law requirements.
``(3) Implementation schedule.--Paragraph (1) applies to
vessels in accordance with the following schedule:
``(A) First phase.--Beginning January 1, 2009, for
vessels constructed on or after that date with a
ballast water capacity of less than 5,000 cubic meters.
``(B) Second phase.--Beginning January 1, 2012, for
vessels constructed on or after that date with a
ballast water capacity of 5,000 cubic meters or more.
``(C) Third phase.--Beginning January 1, 2014, for
vessels constructed before January 1, 2009, with a
ballast water capacity of 1,500 cubic meters or more
but not more than 5,000 cubic meters.
``(D) Fourth phase.--Beginning January 1, 2016, for
vessels constructed--
``(i) before January 1, 2009, with a
ballast water capacity of less than 1,500 cubic
meters or 5,000 cubic meters or more; or
``(ii) on or after January 1, 2009, and
before January 1, 2012, with a ballast water
capacity of 5,000 cubic meters or more.
``(4) Review of standards.--
``(A) In general.--In December, 2012, and in every
third year thereafter, the Administrator and the
Administrator shall review the treatment standards
established in paragraph (1) to determine, in
consultation with the Administrator of the
Environmental Protection Agency, if the standards
should be revised to reduce the amount of organisms or
microbes allowed to be discharged using the best
available technology economically available. The
Secretary shall revise such standards as necessary by
regulation.
``(B) Application of adjusted standards.--In the
regulations, the Administrator shall provide for the
prospective application of the adjusted standards
prescribed under this paragraph to vessels constructed
after the date on which the adjusted standards apply
and for an orderly phase-in of the adjusted standards
to existing vessels.
``(5) Delay of application for vessel participating in
promising technology evaluations.--
``(A) In general.--If a vessel participates in a
program approved by the Administrator to test and
evaluate promising ballast water treatment technologies
with the potential to result in treatment technologies
achieving a standard that is the same as or more
stringent than the standard that applies under
paragraph (1) before the first date on which paragraph
(1) applies to that vessel, the Administrator may
postpone the date on which paragraph (1) would
otherwise apply to that vessel for not more than 5
years.
``(B) Vessel diversity.--The Administrator--
``(i) shall seek to ensure that a wide
variety of vessel types and voyages are
included in the program; but
``(ii) may not grant a delay under this
paragraph to more than 1 percent of the vessels
to which subparagraph (A), (B), (C), or (D) of
paragraph (3) applies.
``(C) Termination of postponement.--The
Administrator may terminate the 5-year postponement
period if participation of the vessel in the program is
terminated without the consent of the Administrator.
``(6) Feasibility review.--
``(A) In general.--Not less than 2 years before the
date on which paragraph (1) applies to vessels under
each subparagraph of paragraph (3), the Administrator
shall complete a review to determine whether
appropriate technologies are available to achieve the
standards set forth in paragraph (1) for the vessels to
which they apply under the schedule set forth in
paragraph (3).
``(B) Delay in scheduled application.--If the
Administrator determines, on the basis of the review
conducted under subparagraph (A), that compliance with
the standards set forth in paragraph (1) in accordance
with the schedule set forth in any subparagraph of
paragraph (3) is not feasible, the Administrator
shall--
``(i) extend the date on which that
subparagraph first applies to vessels for a
period of not more than 36 months; and
``(ii) recommend action to ensure that
compliance with the extended date schedule for
that subparagraph is achieved.
``(7) Treatment system approval required.--The operator of
a vessel may not use a ballast water treatment system to comply
with the requirements of this subsection unless the system is
approved by the Administrator. The Administrator shall
promulgate regulations establishing a process for such
approval.
``(g) Warnings Concerning Ballast Water Uptake.--
``(1) In general.--The Secretary shall notify mariners of
any area in waters subject to the jurisdiction of the United
States in which vessels should not uptake ballast water due to
known conditions.
``(2) Contents.--The notice shall include--
``(A) the coordinates of the area; and
``(B) if possible, the location of alternative
areas for the uptake of ballast water.
``(h) Sediment Management.--
``(1) In general.--The operator of a vessel to which this
section applies may not remove or dispose of sediment from
spaces designed to carry ballast water except in accordance
with this subsection and the ballast water management plan
required under subsection (c).
``(2) Design requirements.--
``(A) New vessels.--No person may remove and
dispose of such sediment from a vessel to which this
section applies in waters subject to the jurisdiction
of the United States that is constructed on or after
January 1, 2009, unless the vessel is designed and
constructed in a manner that--
``(i) minimizes the uptake and entrapment
of sediment;
``(ii) facilitates removal of sediment; and
``(iii) provides for safe access for
sediment removal and sampling.
``(B) Existing vessels.--The operator of a vessel
to which this section applies that was constructed
before January 1, 2009, may not remove and dispose of
such sediment in waters subject to the jurisdiction of
the United States unless--
``(i) the vessel has been modified, to the
extent practicable and in accordance with
regulations promulgated by the Administrator,
to achieve the objectives described in clauses
(i), (ii), and (iii) of subparagraph (A); or
``(ii) the removal and disposal of the
sediment is conducted in such a manner as to
achieve those objectives to the greatest extent
practicable and in accordance with those
regulations.
``(C) Regulations.--The Administrator shall
promulgate regulations establishing design and
construction standards to achieve the objectives of
subparagraph (A) and providing guidance for
modifications and practices under subparagraph (B). The
Administrator shall incorporate the standards and
guidance in the regulations governing the ballast water
management plan.
``(3) Sediment reception facilities.--
``(A) Standards.--The Administrator of the
Environmental Protection Agency in consultation with
the Administrator, shall promulgate regulations
governing facilities for the reception of vessel
sediment from spaces designed to carry ballast water
that provide for the disposal of such sediment in a way
that does not impair or damage the environment, human
health, or property or resources of the disposal area.
The Administrator may not prescribe standards under
this subparagraph that are less stringent than any
otherwise applicable Federal, State, or local law.
``(B) Designation.--The Administrator shall
designate facilities for the reception of vessel
sediment that meet the requirements of the regulations
promulgated under subparagraph (A) at ports and
terminals where ballast tanks are cleaned or repaired.
``(i) Examinations and Certifications.--
``(1) Initial examination.--
``(A) In general.--The Administrator shall examine
vessels to which this section applies to determine
whether--
``(i) there is a ballast water management
plan for the vessel; and
``(ii) the equipment used for ballast water
and sediment management in accordance with the
requirements of this section and the
regulations promulgated hereunder is installed
and functioning properly.
``(B) New vessels.--For vessels constructed on or
after January 1, 2009, the Administrator shall conduct
the examination required by subparagraph (A) before the
vessel is placed in service.
``(C) Existing vessels.--For vessels constructed
before January 1, 2009, the Administrator shall--
``(i) conduct the examination required by
subparagraph (A) before the date on which
subsection (f)(1) applies to the vessel
according to the schedule in subsection (f)(3);
and
``(ii) inspect the vessel's ballast water
record book required by subsection (d).
``(2) Subsequent examinations.--The Administrator shall
examine vessels no less frequently than once each year to
ensure vessel compliance with the requirements of this section.
``(3) Inspection authority.--In order to carry out the
provisions of this section, the Administrator may take ballast
water samples at any time on any vessel to which this section
applies to ensure its compliance with this Act.
``(4) Required certificate.--
``(A) In general.--If, on the basis of an initial
examination under paragraph (1) the Administrator finds
that a vessel complies with the requirements of this
section and the regulations promulgated hereunder, the
Administrator shall issue a certificate under this
paragraph as evidence of such compliance. The
certificate shall be valid for a period of not more
than 5 years, as specified by the Administrator. The
certificate or a true copy shall be maintained on board
the vessel.
``(B) Foreign certificates.--The Administrator may
treat a certificate issued by a foreign government as a
certificate issued under subparagraph (A) if the
Administrator determines that the standards used by the
issuing government are equivalent to or more stringent
than the standards used by the Administrator under
subparagraph (A).
``(5) Notification of violations.--If the Administrator
finds, on the basis of an examination under paragraph (1) or
(2), sampling under paragraph (3), or any other information,
that a vessel is being operated in violation of the
requirements of this section and the regulations promulgated
hereunder, the Administrator shall--
``(A) notify--
``(i) the master of the vessel; and
``(ii) the captain of the port at the
vessel's next port of call; and
``(B) take such other action as may be appropriate.
``(j) Detention of Vessels.--
``(1) In general.--The Administrator, by notice to the
owner, charterer, managing operator, agent, master, or other
individual in charge of a vessel, may detain that vessel if the
Administrator has reasonable cause to believe that--
``(A) the vessel is a vessel to which this section
applies;
``(B) the vessel does not comply with the
requirements of this section or of the regulations
issued hereunder or is being operated in violation of
such requirements; and
``(C) the vessel is about to leave a place in the
United States.
``(2) Clearance.--
``(A) In general.--A vessel detained under
paragraph (1) may obtain clearance under section 4197
of the Revised Statutes (46 U.S.C. App. 91) only if the
violation for which it was detained has been corrected.
``(B) Withdrawal.--If the Administrator finds that
a vessel detained under paragraph (1) has received a
clearance under section 4197 of the Revised Statutes
(46 U.S.C. App. 91) before it was detained under
paragraph (1), the Administrator shall request the
Secretary of the Treasury to withdraw the clearance.
Upon request of the Administrator, the Secretary of the
Treasury shall withhold or revoke the clearance.
``(k) Sanctions.--
``(1) Civil penalties.--Any person who violates a
regulation promulgated under this section shall be liable for a
civil penalty in an amount not to exceed $25,000. Each day of a
continuing violation constitutes a separate violation. A vessel
operated in violation of the regulations is liable in rem for
any civil penalty assessed under this subsection for that
violation.
``(2) Criminal penalties.--Any person who knowingly
violates the regulations promulgated under this section is
guilty of a class C felony.
``(3) Revocation of clearance.--Except as provided in
subsection (j)(2), upon request of the Administrator, the
Secretary of the Treasury shall withhold or revoke the
clearance of a vessel required by section 4197 of the Revised
Statutes (46 U.S.C. App. 91), if the owner or operator of that
vessel is in violation of the regulations issued under this
section.
``(4) Exception to sanctions.--This subsection does not
apply to a failure to exchange ballast water if--
``(A) the master of a vessel, acting in good faith,
decides that the exchange of ballast water will
threaten the safety or stability of the vessel, its
crew, or its passengers; and
``(B) the recordkeeping and reporting requirements
of the Act are complied with.
``(l) Consultation with Canada, Mexico, and Other Foreign
Governments.--In developing the guidelines issued and regulations
promulgated under this section, the Administrator is encouraged to
consult with the Government of Canada, the Government of Mexico, and
any other government of a foreign country that the Administrator, in
consultation with the Task Force, determines to be necessary to develop
and implement an effective international program for preventing the
unintentional introduction and spread of nonindigenous species.
``(m) International Cooperation.--The Administrator, in cooperation
with the International Maritime Organization of the United Nations and
the Commission on Environmental Cooperation established pursuant to the
North American Free Trade Agreement, is encouraged to enter into
negotiations with the governments of foreign countries to develop and
implement an effective international program for preventing the
unintentional introduction and spread of nonindigenous species. The
Administrator is particularly encouraged to seek bilateral or
multilateral agreements with Canada, Mexico, and other nations in the
Wider Caribbean (as defined in the Convention for the Protection and
Development of the Marine Environment of the Wider Caribbean (Cartagena
Convention) under this section.
``(n) Non-Discrimination.--The Administrator shall ensure that
vessels registered outside of the United States do not receive more
favorable treatment than vessels registered in the United States when
the Administrator performs studies, reviews compliance, determines
effectiveness, establishes requirements, or performs any other
responsibilities under this Act.
``(o) Support for Federal Ballast Water Demonstration Project.--In
addition to amounts otherwise available to the Maritime Administration,
the National Oceanographic and Atmospheric Administration, and the
United States Fish and Wildlife Service for the Federal Ballast Water
Demonstration Project, the Administrator shall provide support for the
conduct and expansion of the project, including grants for research and
development of innovative technologies for the management, treatment,
and disposal of ballast water and sediment, for ballast water exchange,
and for other vessel vectors of invasive aquatic species such as hull
fouling. There are authorized to be appropriated to the Administrator
$25,000,000 for each fiscal year to carry out this subsection.
``(p) Consultation With Task Force.--The Administrator shall
consult with the Task Force in carrying out this section.
``(q) Rulemaking.--The Administrator may issue such regulations as
may be necessary to carry out this section and the terms defined in
section 1003 that are used in this section.''.
(b) Definitions.--Section 1003 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is
amended--
(1) by redesignating--
(A) paragraphs (1), (2), and (3) as paragraphs (2),
(3), and (4), respectively;
(B) paragraphs (4), (5), (6), (7), and (8) as
paragraphs (8), (9), (10), (11), and (12),
respectively;
(C) paragraphs (9) and (10) as paragraphs (14) and
(15) respectively;
(D) paragraphs (11) and (12) as paragraphs (17) and
(18), respectively;
(E) paragraphs (13), (14), and (15) as paragraphs
(20), (21), and (22), respectively;
(F) paragraph (16) as paragraph (26); and
(G) paragraph (17) as paragraph (23) and inserting
it after paragraph (22), as redesignated;
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) `adverse impact' means the direct or indirect result
or consequence of an event or process that--
``(A) creates a hazard to the environment, human
health, property, or a natural resource;
``(B) impairs biological diversity; or
``(C) interferes with the legitimate use of waters
subject to the jurisdiction of the United States;'';
(3) by striking paragraph (4), as redesignated, and
inserting the following:
``(4) `ballast water'--
``(A) means water taken on board a vessel to
control trim, list, draught, stability, or stresses of
the vessel, including matter suspended in such water;
but
``(B) does not include potable or technical water
that does not contain harmful aquatic organisms or
pathogens that is taken on board a vessel and used for
a purpose described in subparagraph (A) if such potable
or technical water is discharged in compliance with
section 312 of the Clean Water Act (33 U.S.C. 1322);'';
(4) by inserting after paragraph (4) the following:
``(5) `ballast water capacity' means the total volumetric
capacity of any tanks, spaces, or compartments on a vessel that
is used for carrying, loading, or discharging ballast water,
including any multi-use tank, space, or compartment designed to
allow carriage of ballast water;
``(6) `ballast water management' means mechanical,
physical, chemical, and biological processes used, either
singularly or in combination, to remove, render harmless, or
avoid the uptake or discharge of harmful aquatic organisms and
pathogens within ballast water and sediment;
``(7) `constructed' means a state of construction of a
vessel at which--
``(A) the keel is laid;
``(B) construction identifiable with the specific
vessel begins;
``(C) assembly of the vessel has begun comprising
at least 50 tons or 1 percent of the estimated mass of
all structural material of the vessel, whichever is
less; or
``(D) the vessel undergoes a major conversion;'';
(5) by inserting after paragraph (12), as redesignated, the
following:
``(13) `harmful aquatic organisms and pathogens' means
aquatic organisms or pathogens that have been determined by the
Administrator of the National Oceanographic and Atmospheric
Administration, after consultation with the Administrator of
the Environmental Protection Agency, to cause an adverse impact
if introduced into the waters subject to the jurisdiction of
the United States;'';
(6) by inserting after paragraph (15), as redesignated, the
following:
``(16) `major conversion' means a conversion of a vessel,
that--
``(A) changes its ballast water carrying capacity
by at least 15 percent;
``(B) changes the vessel class;
``(C) is projected to prolong the vessel's life by
at least 10 years (as determined by the Administrator);
or
``(D) results in modifications to the vessel's
ballast water system, except--
``(i) component replacement-in-kind; or
``(ii) conversion of a vessel to meet the
requirements of section 1101(e);'';
(7) by inserting after paragraph (18), as redesignated, the
following:
``(19) `sediment' means matter that has settled out of
ballast water within a vessel;'';
(8) by inserting after paragraph (23), as redesignated, the
following:
``(24) `United States port' means a port, river, harbor, or
offshore terminal under the jurisdiction of the United States,
including ports located in Puerto Rico, Guam, the Northern
Marianas, and the United States Virgin Islands;
``(25) `vessel of the Armed Forces' means--
``(A) any vessel owned or operated by the
Department of Defense, other than a time or voyage
chartered vessel; and
``(B) any vessel owned or operated by the
Department of Homeland Security that is designated by
the Secretary of the department in which the Coast
Guard is operating as a vessel equivalent to a vessel
described in subparagraph (A);''; and
(9) by inserting after paragraph (26), as redesignated, the
following:
``(27) `waters subject to the jurisdiction of the United
States' means navigable waters and the territorial sea of the
United States, the exclusive economic zone, and the Great
Lakes.''.
(c) Great Lakes Regulations.--Until vessels described in section
1101(e)(2) of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4711(e)(2)), as amended by this Act, are
required to conduct ballast water treatment in accordance with the
requirements of section 1101(f) of that Act (16 U.S.C. 1101(f)), as
amended by this Act, the regulations promulgated by the Secretary of
Transportation under section 1101 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711), as such
regulations were in effect on the day before the date of enactment of
this Act, shall remain in full force and effect for, and shall continue
to apply to, such vessels.

SEC. 704. COAST GUARD REPORT ON OTHER VESSEL-RELATED VECTORS OF
INVASIVE SPECIES.

(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Commandant of the Coast Guard shall transmit a report
to the Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure on vessel-related vectors of harmful aquatic organisms
and pathogens other than ballast water and sediment, including vessel
hulls and equipment, and from vessels equipped with ballast tanks that
carry no ballast water on board.
(b) Best Practices.--As soon as practicable, the Coast Guard shall
develop best practices standards and procedures designed to reduce the
introduction of invasive species into and within the United States from
vessels and establish a timeframe for implementation of those standards
and procedures by vessels, in addition to the mandatory requirements
set forth in section 1101 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711) for ballast water.
Such standards and procedures should include designation of
geographical locations for uptake and discharge of untreated ballast
water, as well as standards and procedures for other vessel vectors of
invasive aquatic species. The Commandant shall transmit a report to the
Committees describing the standards and procedures developed and the
implementation timeframe, together with any recommendations, including
legislative recommendations if appropriate, the Commandant deems
appropriate. The Secretary of the department in which the Coast Guard
is operating may promulgate regulations to incorporate and enforce
standards and procedures developed under this subsection.

Subtitle B--Early Detection; Rapid Response; Control and Outreach

SEC. 711. EARLY DETECTION.

Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4711 et seq.) is amended by adding at
the end the following:

``SEC. 1105. EARLY DETECTION AND MONITORING.

``(a) In General.--Not later than 18 months after the date of
enactment of the National Oceans Protection Act of 2005, in conjunction
with the Council, the Task Force shall (based on the standard protocol
for early detection surveys developed under this title), promulgate a
set of sampling protocols, a geographic plan, and budget to support a
national system of ecological surveys to rapidly detect recently-
established aquatic invasive species in waters of the United States.
``(b) Contents.--The protocols, plan, and budget shall, at a
minimum--
``(1) address a diversity of aquatic ecosystems of the
United States (including inland and coastal waters);
``(2) encourage State, local, port, and tribal
participation in monitoring;
``(3) balance scientific rigor with practicability,
timeliness, and breadth of sampling activity;
``(4) considers the pathways and organisms identified under
section 1210; and
``(5) include clear lines of communication with appropriate
Federal, State, and regional rapid response authorities.
``(c) Implementation.--Not later than 3 years after the date of
enactment of the National Oceans Protection Act of 2005, the Director
of the United States Geological Survey, the Administrator of the
National Oceanic and Atmospheric Administration, and the Administrator
(in consultation with the Invasive Species Council and in coordination
with other agencies and organizations) shall implement a national
system of ecological surveys that is--
``(1) carried out in cooperation with State, local, port,
tribal authorities, and other non-Federal entities (such as
colleges and universities); and
``(2) based on the protocols, plan, and budget published
under subsection (a) and any public comment.''.

SEC. 712. RAPID RESPONSE.

Subtitle C of title I of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) is amended
by adding at the end the following:

``SEC. 1210. RAPID RESPONSE.

``(a) Emergency Rapid Response Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a revolving fund to assist States in
implementing rapid response measures for aquatic invasive
species, to be known as the `Emergency Rapid Response Fund'
(referred to in this subsection as the `Fund'), consisting of--
``(A) such amounts as are appropriated to the Fund
under section 1301(g)(2)(A); and
``(B) any interest earned on investment of amounts
in the Fund under paragraph (3).
``(2) Expenditures from fund.--
``(A) In general.--Subject to subparagraph (C), on
request by the Secretary of the Interior, the Secretary
of the Treasury shall transfer from the Fund to the
Secretary of the Interior such amounts as the Secretary
of the Interior determines are necessary to provide
financial assistance to a State or the Federal rapid
response team under subparagraph (B) to assist in
implementing rapid response measures for aquatic
invasive species.
``(B) State assistance.--
``(i) In general.--A State may submit to
the Secretary of the Interior an application
for emergency response assistance from the
Fund.
``(ii) Approval.--If the Secretary of the
Interior approves an application submitted
under clause (i), the Secretary shall use
amounts provided to the Secretary under
subparagraph (A)--
``(I) in a case in which a State
has in effect a rapid response
contingency strategy that is approved
under subsection (b), to provide
emergency response assistance to the
State; and
``(II) in a case in which the State
does not have a rapid response
contingency strategy approved under
subsection (b) in effect, to provide
emergency response assistance to the
Federal rapid response team established
under subsection (f).
``(iii) Additional funds.--If additional
amounts are needed for the conduct of emergency
response activities in the State, the Secretary
of the Interior may provide additional
assistance to the State or Federal rapid
response team under this paragraph.
``(C) Administrative expenses.--An amount not to
exceed 10 percent of the amounts in the Fund shall be
available for each fiscal year to pay the
administrative expenses necessary to carry out this
Act.
``(3) Investment of amounts.--
``(A) In general.--The Secretary of the Treasury
shall invest such portion of the Fund as is not, in the
judgment of the Secretary of the Treasury, required to
meet current withdrawals.
``(B) Interest-bearing obligations.--Investments
may be made only in interest-bearing obligations of the
United States.
``(C) Acquisition of obligations.--For the purpose
of investments under subparagraph (A), obligations may
be acquired--
``(i) on original issue at the issue price;
or
``(ii) by purchase of outstanding
obligations at the market price.
``(D) Sale of obligations.--Any obligation acquired
by the Fund may be sold by the Secretary of the
Treasury at the market price.
``(E) Credits to fund.--The interest on, and the
proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to and
form a part of the Fund.
``(4) Transfers of amounts.--
``(A) In general.--The amounts required to be
transferred to the Fund under this section shall be
transferred at least monthly from the general fund of
the Treasury to the Fund on the basis of estimates made
by the Secretary of the Treasury.
``(B) Adjustments.--Proper adjustment shall be made
in amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts
required to be transferred.
``(b) State Rapid Response Contingency Strategies.--The Task Force,
in consultation with the Invasive Species Council, shall approve a
rapid response contingency strategy of a State if the strategy--
``(1) identifies all key governmental and nongovernmental
partners to be involved in carrying out the strategy;
``(2) clearly designates the authorities and
responsibilities of each partner, including the authority of
any State or government of an Indian tribe to distribute
emergency funds;
``(3) specifies criteria for rapid response measures,
including a diagnostic system that--
``(A) distinguishes cases in which rapid response
has a likelihood of success and cases in which rapid
response has no likelihood of success;
``(B) distinguishes rapid response measures from
ongoing management and control of established
populations of aquatic invasive species; and
``(C) distinguishes instances in which the rate and
probability of organism dispersal is significantly
altered by vessel movements;
``(4) includes an early detection strategy that supports or
complements the early detection and monitoring system developed
under section 1108;
``(5) provides for a monitoring capability to assess--
``(A) the extent of infestations; and
``(B) the effectiveness of rapid response efforts;
``(6) to the maximum extent practicable, is integrated into
the State aquatic invasive species management plan approved
under section 1204;
``(7) to the maximum extent practicable, includes rapid
response tools that meet environmental criteria developed under
subsection (f)(4);
``(8) includes a public education and outreach component
directed at--
``(A) potential pathways for spread of aquatic
invasive species; and
``(B) persons involved in industries and
recreational activities associated with those pathways;
and
``(9) to the extent that the strategy involves vessels,
conforms with guidelines issued by the Secretary under
subsection (d)(2).
``(c) Regional Rapid Response Contingency Strategies.--The Task
Force, with the concurrence of the Invasive Species Council and in
consultation with the regional panels of the Task Force established
under section 1203, shall encourage the development of regional rapid
response contingency strategies that--
``(1) provide a consistent and coordinated approach to
rapid response; and
``(2) are approved by--
``(A) the Secretary; and
``(B) the Governors and Indian tribes having
jurisdiction over areas within a region.
``(d) Model Rapid Response Contingency Strategies.--Not later than
18 months after the date of enactment of the National Oceans Protection
Act of 2005--
``(1) the Task Force, with the concurrence of the Invasive
Species Council and the regional panels of the Task Force
established under section 1203, shall develop--
``(A) a model State rapid response contingency
strategy (including rapid assessment capability) for
aquatic invasive species that meets, to the maximum
extent practicable, the requirements of paragraphs (1)
through (9) of subsection (b); and
``(B) a model regional rapid response contingency
strategy (including rapid assessment capability) for
aquatic invasive species; and
``(2) the Secretary, in concurrence with the Task Force and
the regional panels of the Task Force, shall issue guidelines
that describe vessel-related requirements that may be used in a
rapid response contingency strategy approved under this
section.
``(e) Cost Sharing.--
``(1) State rapid response contingency strategies.--The
Federal share of the cost of activities carried out under a
State rapid response contingency strategy approved under
subsection (b) shall be not less than 50 percent.
``(2) Regional rapid response contingency strategies.--The
Federal share of the cost of activities carried out under a
regional rapid response contingency strategy approved under
subsection (c) shall be not less than 75 percent.
``(3) Form of non-federal share.--The non-Federal share
required under paragraph (1) or (2) may be in the form of in-
kind contributions.
``(f) Federal Rapid Response Teams.--
``(1) Establishment of teams.--Not later than 1 year after
the date of enactment of the National Oceans Protection Act of
2005, the Invasive Species Council, in coordination with the
Task Force and the heads of appropriate Federal agencies, shall
establish a Federal rapid response team for each of the 10
Federal regions that comprise the Standard Federal Regional
Boundary System.
``(2) Duties of teams.--Each Federal rapid response team
shall, at a minimum--
``(A) implement rapid eradication or control
responses for newly detected aquatic invasive species
on Federal and tribal land;
``(B) carry out, or assist in carrying out, rapid
responses for newly detected aquatic invasive species
on non-Federal land at the request of a State, Indian
tribe, or group of States or Indian tribes;
``(C) provide training and expertise for State,
tribal, or regional rapid responders;
``(D) provide central sources of information for
rapid responders;
``(E) maintain a list of researchers and rapid
response volunteers; and
``(F) in carrying out any rapid response activity
with respect to an aquatic noxious weed listed under
section 412(f) of the Plant Protection Act (7 U.S.C.
7712(f)), include representatives of the Animal and
Plant Health Inspection Service.
``(3) Criteria for identifying cases of rapid response
warranting federal assistance.--Not later than 1 year after the
date of enactment of the National Oceans Protection Act of
2005, the Task Force, with the concurrence of the Invasive
Species Council, shall develop criteria to identify cases
warranting Federal assistance for rapid assessment and response
under this subsection, including indicative criteria relating
to, at a minimum--
``(A) the extent to which infestations of aquatic
invasive species may be managed successfully by rapid
response;
``(B) the extent to which rapid response efforts
may differ from ongoing management and control; and
``(C) the extent to which infestations of
nonindigenous aquatic invasive species are considered
to be an acute or chronic threat to--
``(i) biodiversity of native aquatic
organisms;
``(ii) habitats of native fish and
wildlife; or
``(iii) human health.
``(4) Environmental criteria.--Not later than 1 year after
the date of enactment of the National Oceans Protection Act of
2005, the Administrator, in consultation with the Invasive
Species Council, the Secretary of Transportation, the Task
Force (including regional panels of the Task Force established
under section 1203), the Director, and the Director of the
National Marine Fisheries Service, shall develop environmental
criteria to minimize nontarget environmental impacts of rapid
responses carried out pursuant to this section.''.

SEC. 713. DISPERSAL BARRIERS.

Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4722) is amended--
(1) by redesignating subsections (j) and (k) as subsections
(l) and (m), respectively; and
(2) by inserting after subsection (i) the following:
``(j) National Dispersal Barrier Program.--
``(1) Chicago river ship and sanitary canal dispersal
barrier project.--
``(A) Existing barrier.--The Assistant Secretary
shall upgrade and make permanent, at full Federal
expense, the existing Chicago sanitary and ship canal
dispersal barrier in Chicago, Illinois, constructed as
a demonstration project under subsection (i)(3).
``(B) New barrier.--Notwithstanding the project
cooperation agreement with the State of Illinois dated
November 21, 2003, the Secretary shall construct, at
full Federal expense, the Chicago sanitary and ship
canal dispersal barrier authorized by section 1135 of
the Water Resources Development Act of 1986 (33 U.S.C.
2309a).
``(C) Operation and maintenance.--The Chicago
sanitary and ship canal dispersal barriers described in
subparagraphs (A) and (B) shall be operated and
maintained as a system by the Corps of Engineers, at
full Federal expense, in such a manner as the Chief
Engineer determines optimizes the effectiveness of the
barriers.
``(D) Credit.--
``(i) In general.--The Assistant Secretary
shall provide to each State a credit in an
amount equal to the proportion that--
``(I) the amount of funds
contributed by the State toward the
authorized dispersal barriers described
in subparagraphs (A) and (B); bears to
``(II) the amount of funds
contributed by all States toward the
authorized dispersal barriers described
in subparagraphs (A) and (B).
``(ii) Use of credit.--A State may apply a
credit received under clause (i) to any
existing or future project of the Corps of
Engineers in that State.
``(E) Feasibility study of chicago river ship and
sanitary canal.--
``(i) In general.--Not later than 3 years
after the date of enactment of the National
Oceans Protection Act of 2005, the Assistant
Secretary, in consultation with appropriate
Federal, State, local, and non-governmental
entities, shall conduct a feasibility study of
the full range of options available to prevent
the spread of aquatic invasive species through
the Chicago River Ship and Sanitary Canal
dispersal barrier.
``(ii) Matters to be studied.--The study
shall--
``(I) provide recommendations
concerning additional measures and
long-term measures necessary to improve
the performance of the Chicago River
Ship and Sanitary Canal dispersal
barrier; and
``(II) examine methods and measures
necessary to achieve, to the maximum
extent practicable--
``(aa) 100 percent efficacy
of the barrier with respect to
aquatic invasive species of
fish; and
``(bb) maximum efficacy of
the barrier with respect to
other taxa of aquatic invasive
species.
``(F) Reimbursement.--The State of Illinois shall
be reimbursed for all State funds expended on the
planning, design, construction, and operation and
maintenance of the project identified, along with any
subsequent modifications, in the report entitled
`Aquatic Nuisance Species Dispersal Barrier II', dated
December 2002, issued under section 1135 of the Water
Resources Development Act of 1986 (33 U.S.C. 2294 note;
100 Stat. 4251).
``(2) Monitoring program.--
``(A) Establishment.--Not later than 1 year after
the date of enactment of the National Oceans Protection
Act of 2005, the Secretary of the Interior shall
establish an interbasin and intrabasin monitoring
program.
``(B) Required elements.--The monitoring program
shall--
``(i) track aquatic invasive species moving
through--
``(I) the Chicago River Ship and
Sanitary Canal;
``(II) the Lake Champlain Canal;
``(III) other interbasin waterways;
and
``(IV) major river systems (such as
the Mississippi River), as recommended
by regional panels convened under
section 1203, in which interbasin
transfers of aquatic invasive species
have been shown to pose a significant
threat to fish and wildlife resources;
``(ii) assess the efficacy of dispersal
barriers and other measures in preventing the
spread of aquatic invasive species through the
waterways; and
``(iii) identify waterways suitable for
dispersal barrier demonstration projects, in
addition to the waterways at which dispersal
barrier demonstration projects were carried out
before the date of enactment of the National
Oceans Protection Act of 2005.
``(C) Reports.--The Secretary of the Interior shall
issue biennial reports describing the findings of the
monitoring program.
``(3) Prevention and mitigation plans for corps projects.--
In developing projects involving interbasin waterways or other
hydrologic alterations that could create pathways for aquatic
invasive species, the Assistant Secretary shall develop
adequate prevention and mitigation plans for controlling the
dispersal of the aquatic invasive species.
``(4) Technical assistance.--The Administrator of the
National Oceanic and Atmospheric Administration, acting through
the Great Lakes Environmental Research Laboratory, shall
provide technical assistance to appropriate entities to assist
in the research conducted under this subsection.
``(5) Additional waterways.--The Assistant Secretary, with
the concurrence of the Administrator, and other relevant
Federal agencies, shall--
``(A) identify additional waterways suitable for
the construction of new dispersal barriers (based on
the monitoring program established under paragraph
(2));
``(B) determine the feasibility of a dispersal
barrier project at the Lake Champlain Canal and in the
Upper Mississippi River and, if feasible, establish a
plan for a dispersal barrier at the Lake Champlain
Canal and in the Upper Mississippi River; and
``(C) construct, maintain, and operate such
dispersal barriers as necessary.
``(6) Reports.--Not later than 3 years after the date of
enactment of the National Oceans Protection Act of 2005, the
Assistant Secretary and the Director shall jointly submit to
Congress a report that describes--
``(A) the efficacy of the Chicago River Ship and
Sanitary Canal dispersal barrier project; and
``(B) a plan to provide for additional dispersal
barrier demonstration projects and related research
projects.''.

SEC. 714. ENVIRONMENTAL SOUNDNESS.

Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4722) (as amended by section 713) is
amended by inserting after subsection (j) the following:
``(k) Improvement of Treatment Methods for Aquatic Invasive
Species.--
``(1) Criteria to evaluate environmental soundness of
treatment methods.--
``(A) In general.--Not later than 1 year after the
date of enactment of the National Oceans Protection Act
of 2005, the Administrator, in consultation with the
Secretary, the Invasive Species Council, and the Task
Force (including any regional panels of the Task Force)
shall promulgate criteria to evaluate the treatment
methods described in subparagraph (B) for the purpose
of ensuring that the treatment methods pose no
significant threat of adverse effect on human health,
public safety, or the environment (including air
quality and the aquatic environment) that is acute,
chronic, cumulative, or collective.
``(B) Treatment methods.--The treatment methods
referred to in subparagraph (A) are all mechanical,
physical, chemical, biological, and other treatment
methods used in bodies of water of the United States
(regardless of whether the bodies of water are
navigable and regardless of the origin of the waters),
to prevent, treat, or respond to the introduction of
aquatic invasive species.
``(C) Consultation.--In carrying out subparagraph
(A), the Administrator shall consult with--
``(i) the Secretary of Transportation;
``(ii) the Task Force (including the
regional panels of the Task Force established
under section 1203);
``(iii) the Director;
``(iv) the Assistant Secretary;
``(v) the Director of the National Marine
Fisheries Service; and
``(vi) relevant State agencies.
``(2) Publication of information on environmentally sound
treatment methods.--The Administrator, in consultation with the
Invasive Species Council, shall publish (not later than 1 year
after the date of enactment of the National Oceans Protection
Act of 2005) and update annually--
``(A) a list of environmentally sound treatment
methods that may apply to a potential aquatic invasive
species response effort;
``(B) accompanying research that supports the
environmental soundness of each approved treatment
method; and
``(C) explicit guidelines under which each
treatment method can be used in an environmentally
sound manner.
``(3) Reports.--The Invasive Species Council and Task Force
shall include the information described in paragraph (2) in the
reports submitted under section 1201(f)(2)(B).''.

SEC. 715. INFORMATION, EDUCATION, AND OUTREACH.

Section 1202(h) of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4722(h)) is amended--
(1) by striking ``(h) education.--The Task Force'' and
inserting the following:
``(h) Information, Education, and Outreach.--
``(1) In general.--The Task Force''; and
(2) by adding at the end the following:
``(2) Activities.--
``(A) In general.--The programs carried out under
paragraph (1) shall include the activities described in
this paragraph.
``(B) Public outreach.--
``(i) Public warnings.--Not later than 180
days after the date of enactment of the
National Oceans Protection Act of 2005, each
Federal officer of an agency that provides
Federal funds to States for building or
maintaining public access points to United
States water bodies shall amend the guidelines
of the agency, in consultation with relevant
State agencies, to encourage the posting of
regionally-specific public warnings or other
suitable informational and educational
materials at the access points regarding--
``(I) the danger of spread of
aquatic invasive species through the
transport of recreational watercraft;
and
``(II) methods for removing
organisms prior to transporting a
watercraft.
``(ii) Cleaning of watercraft at marinas.--
Not later than 1 year after the date of
enactment of the National Oceans Protection Act
of 2005, the Under Secretary and the Director
(in cooperation with the Task Force and in
consultation with the States, relevant industry
groups, and Indian tribes) shall develop an
education, outreach, and training program
directed toward marinas and marina operators
regarding--
``(I) checking watercraft for live
organisms;
``(II) removing live organisms from
the watercraft before the watercraft
are commercially or recreationally
trailered;
``(III) encouraging regular hull
cleaning and maintenance, avoiding in-
water hull cleaning; and
``(IV) other activities, as
identified by the Secretary.
``(iii) Proper disposal of nonindigenous
live aquatic organisms in trade.--The Task
Force shall--
``(I) not later than 1 year after
the date of enactment of the National
Oceans Protection Act of 2005, develop
(in consultation with industry and
other affected parties) guidelines for
proper disposal of live nonindigenous
aquatic organisms in trade; and
``(II) use the guidelines in
appropriate public information and
outreach efforts.
``(C) 100th meridian program.--
``(i) In general.--Not later than 1 year
after the date of enactment of the National
Oceans Protection Act of 2005, the Task Force
shall expand the information and education
program directed at recreational boaters in
States from which watercraft are transported
westward across the 100th meridian.
``(ii) Activities.--In carrying out the
program, the task force shall--
``(I) survey owners of watercraft
transported westward across the 100th
meridian to determine the States of
origin of most such owners;
``(II) provide information directly
to watercraft owners concerning the
importance of cleaning watercraft
carrying live organisms before
transporting the watercraft; and
``(III) support education and
information programs of the States of
origin to ensure that the State
programs address westward spread.
``(D) Information and education program by national
park service.--The Secretary of the Interior, acting
through the Director of the National Park Service,
shall develop a program to provide public outreach and
other educational activities to prevent the spread of
aquatic invasive species by recreational watercraft in
parkland or through events sponsored by the National
Park Service.
``(3) Outreach to industry.--The Task Force, in conjunction
with the Invasive Species Council, shall carry out activities
to inform and promote voluntary cooperation and regulatory
compliance by members of the national and international
maritime, horticultural, aquarium, aquaculture, pet trade, and
other appropriate industries with screening, monitoring, and
control of the transportation of aquatic invasive species.
``(4) Public access to monitoring information.--The Task
Force, the Invasive Species Council, and other relevant
agencies, shall maintain information on the Internet
regarding--
``(A) the best approaches for the public and
private interests to use in assisting with national
early detection and monitoring of aquatic invasive
species in waters of the United States;
``(B) contact locations for joining a national
network of monitoring stations;
``(C) approved State Management Plans under section
1204(a) and Rapid Response Contingency Strategies under
subsections (b) and (c) of section 1211; and
``(D) the list of potential invaders under section
1201(a)(4).''.

Subtitle C--Aquatic Invasive Species Research

SEC. 721. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RESEARCH.

(a) In General.--Subtitle B of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended
by section 711) is amended by adding at the end the following:

``SEC. 1106. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RESEARCH.

``(a) Definition of Administering Agencies.--
``(1) In general.--In this section and section 1107, the
term `administering agencies' means--
``(A) the Smithsonian Environmental Research
Center;
``(B) the United States Geological Survey; and
``(C) the National Oceanic and Atmospheric
Administration (including the Great Lakes Environmental
Research Laboratory).
``(2) Memorandum of understanding.--The administering
agencies shall enter into an agreement regarding implementation
of this subtitle.
``(3) Consultation.--In carrying out this section, the
administering agencies shall consult with--
``(A) the Task Force;
``(B) the Environmental Protection Agency;
``(C) the United States Fish and Wildlife Service;
and
``(D) other appropriate Federal and State agencies.
``(4) Cooperation.--In carrying out this section, the
administering agencies shall contract, as appropriate, or
otherwise cooperate with academic researchers.
``(b) Program.--The administering agencies shall develop (not later
than 18 months after the date of enactment of the National Oceans
Protection Act of 2005) and conduct a marine and freshwater research
program (including ecological and pathway surveys and experimentation)
to assess rates of, patterns of, and conditions surrounding
introductions of nonindigenous aquatic species in aquatic ecosystems.
``(c) Purpose.--The purpose of the program is to support efforts to
prevent the introduction of, and detect and eradicate, invasive species
by--
``(1) providing information for--
``(A) early detection and rapid response efforts;
and
``(B) relevant policy questions; and
``(2) assessing the effectiveness of implemented policies
(including any standard) to prevent the introduction and spread
of aquatic invasive species.
``(d) Protocol Development.--The administering agencies shall--
``(1) establish standardized protocols for conducting
surveys that are integrated and produce comparable data, and,
as practicable, build on existing protocols and data collection
methods (including surveys required under subsection (b)),
including--
``(A) protocols to support early detection surveys
of nonindigenous aquatic species conducted by Federal,
State, or local agencies involved in the management of
invasive species, including surveys carried out
pursuant to section 1105;
``(B) protocols to support comprehensive ecological
surveys conducted under this section for purposes of
research and analysis of rates and patterns of
invasions; and
``(C) protocols to support pathway surveys;
``(2) recommend a standardized approach for classifying
species;
``(3) when proposing protocols, consider recommendations
made at the workshop conducted under subsection (h);
``(4) subject the protocols to peer review;
``(5) complete the protocols not later than 1 year after
the date of enactment of the National Oceans Protection Act of
2005;
``(6) revise protocols as necessary; and
``(7) disseminate the protocols to the Task Force and other
Federal, State, and local stakeholders.
``(e) Ecological and Pathway Survey Requirements.--
``(1) In general.--Each comprehensive ecological survey
conducted under this section shall, at a minimum--
``(A) document baseline ecological information of
the aquatic ecosystem, including--
``(i) to the maximum extent practicable, a
comprehensive inventory of native species,
nonindigenous species, and species of unknown
origin, present in the ecosystem; and
``(ii) the chemical and physical
characteristics of water and underlying
substrate in the ecosystem;
``(B) in the case of nonindigenous species, gather
information to assist in identifying--
``(i) the life history of the species;
``(ii) the environmental requirements and
tolerances of the species;
``(iii) the native ecosystems of the
species; and
``(iv) the history of the species spread
from the native ecosystems of the species;
``(C) track the establishment of nonindigenous
species, including information about the estimated
population of nonindigenous organisms to allow an
analysis of the probable date of introduction of the
species; and
``(D) identify the likely pathway of entry of
nonindigenous species.
``(2) Minimum requirements.--Each pathway survey conducted
under this section shall, at a minimum--
``(A) identify which nonindigenous aquatic species
are being introduced, or have the potential to be
introduced, through the pathways under consideration;
``(B) determine the rate of organism introduction
through the pathways under consideration; and
``(C) determine the practices that contributed to
or could contribute to the introduction of
nonindigenous aquatic species through the pathways
under consideration.
``(f) Number and Location of Survey Sites.--
``(1) Required sites.--The administering agencies shall
designate the number and location of survey sites necessary to
carry out marine and freshwater research required under this
section.
``(2) Emphasis.--In carrying out paragraph (1) and
subsection (g), the administering agencies shall give
particular consideration to--
``(A) the geographic diversity of sites; and
``(B) the diversity of human uses and biological
characteristics of sites.
``(g) Competitive Grant Program.--
``(1) In general.--In order to assist in carrying out
subsections (b) and (i), the administering agencies (acting
through the National Oceanic and Atmospheric Administration)
shall administer a program to award grants to academic
institutions, State agencies, and other appropriate groups.
``(2) Administration.--The program required under this
section shall be competitive, peer-reviewed, and merit-based.
``(h) Workshop.--Not later than 120 days after the date of
enactment of the National Oceans Protection Act of 2005, to assist in
the development of the protocols and design for the surveys under this
section, the administering agencies shall--
``(1) convene a workshop among researchers from Federal and
State agencies and academic institutions to obtain
recommendations for the development of the protocols and
surveys; and
``(2) make the results of the workshop widely available to
the public.
``(i) Experimentation.--The administering agencies shall conduct
(at existing field stations and such other sites as may be appropriate)
coordinated experiments on a range of taxonomic groups to identify--
``(1) the relationship between the introduction and
establishment of nonindigenous aquatic species; and
``(2) the circumstances necessary for the species to
survive and thrive.
``(j) National Pathways and Ecological Surveys Database.--
``(1) In general.--The United States Geological Survey
shall develop, maintain, and update, in consultation and
cooperation with the Smithsonian Environmental Research Center
and the National Oceanic and Atmospheric Administration, a
central national database of information concerning information
collected under subsection (b).
``(2) Requirement.--The United States Geological Survey
shall--
``(A) make the database widely available to the
public;
``(B) update the database not less often than once
every 90 days;
``(C) coordinate the database with existing
databases collecting similar information; and
``(D) to the maximum extent practicable, format the
databases in a manner such that the data is useful for
researchers and Federal and State employees managing
relevant invasive species programs.''.
(b) Vessel Pathway Surveys.--Section 1102(b)(2)(B) of Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4712(b)(2)(B)) is amended by striking clause (ii) and inserting the
following:
``(ii) examine other potential modes for
the introduction of nonindigenous aquatic
species by vessel, including hull fouling.''.

SEC. 722. ANALYSIS.

(a) In General.--Subtitle B of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended
by section 721(a)) is amended by adding at the end the following:

``SEC. 1107. ANALYSIS.

``(a) Invasion Analysis.--
``(1) In general.--Not later than 3 years after the date of
enactment of the National Oceans Protection Act of 2005, and
annually thereafter, the administering agencies shall analyze
data collected under section 1106 and other relevant research,
for the purpose of preventing the introduction of, detecting,
and eradicating invasive species by--
``(A) providing information for early detection and
rapid response efforts;
``(B) providing information for relevant policy
questions; and
``(C) assessing the effectiveness of implemented
policies to prevent the introduction and spread of
invasive species.
``(2) Contents.--The analysis required under paragraph (1)
shall include, with respect to aquatic invasive species--
``(A) an analysis of pathways to--
``(i) identify, and characterize as
high-, medium-, or low-risk, regional and
national pathways for the introduction of
nonindigenous aquatic species into aquatic
ecosystems;
``(ii) identify new and expanding pathways
through which nonindigenous aquatic species may
be introduced into aquatic ecosystems;
``(iii) identify handling practices that
contribute to the introduction of species in
pathways; and
``(iv) assess the risk that species
currently used in commerce pose for
introduction into aquatic ecosystems;
``(B) include patterns and rates of invasion and
susceptibility to invasion of various types of bodies
of water;
``(C) consider the ways in which the risk of
establishment of an aquatic invasive species through a
pathway is related to the identity and number of
organisms transported;
``(D) consider rates of spread and numbers and
types of pathways of spread of new populations of the
aquatic invasive species and estimate the potential for
the spread and distribution of newly introduced
invasive species based on the environmental
requirements and historical distribution of the
species;
``(E) document factors that influence the
vulnerability of an ecosystem to invasion by a
nonindigenous aquatic species;
``(F) include a description of the potential for,
and impacts of, pathway management programs on invasion
rates;
``(G) provide recommendations for improvements on
the effectiveness of pathway management;
``(H) to the extent practicable, determine the
level of reduction in live organisms of various
taxonomic groups required to reduce to an acceptable
level the risk of establishment to receiving aquatic
ecosystems; and
``(I) evaluate the effectiveness of management
actions (including any standard) at reducing species
introductions and establishment.
``(3) Report.--The administering agencies shall submit to
the Task Force a report on analyses conducted under this
section.
``(b) Research To Assess the Potential of the Establishment of
Introduced Species.--
``(1) In general.--Not later than 2 years after the date of
enactment of the National Oceans Protection Act of 2005, the
administering agencies shall develop, conduct peer review of,
and submit to the Task Force a profile of the general
characteristics of invasive species, in order to predict, to
the extent practicable, whether a species planned for
importation is likely to invade a particular aquatic ecosystem
if introduced.
``(2) Research.--In developing the profile, the
administering agencies shall analyze the research conducted
under section 1106 and other research as necessary to
determine--
``(A) characteristics of general species and
ecosystems (taking into account the opportunity for
introduction into any ecosystem); and
``(B) circumstances that may lead to establishment
of a nonindigenous aquatic organism.

``SEC. 1108. DISSEMINATION.

``(a) In General.--The Invasive Species Council, in coordination
with the Task Force, and the administering agencies shall disseminate
the information collected under this Act to Federal, State, and local
entities (including relevant policymakers and private researchers with
responsibility over or interest in aquatic invasive species).
``(b) Reports.--The Invasive Species Council shall--
``(1) not later than 3 years after the date of enactment of
the National Oceans Protection Act of 2005, submit to Congress
a report that describes the actions and findings carried out
under this Act; and
``(2) at least once every 3 years thereafter or more often
as necessary, update the report.
``(c) Response Strategy.--To enable Federal, State, and local
entities having responsibility for responding to the introduction of
potentially harmful nonindigenous aquatic species to better and more
rapidly respond to those introductions, the Invasive Species Council,
in coordination with the Task Force, the administering agencies, and
other appropriate Federal and State agencies, shall implement a
national strategy for the sharing of information collected under this
Act with those entities.
``(d) Pathway Practices.--The Invasive Species Council, in
coordination with the Task Force, and the administering agencies shall
disseminate information to, and develop an ongoing educational program
for, pathway users (including vendors and customers) to inform those
users about means by which users can prevent the intentional or
unintentional introduction of nonindigenous aquatic species into
aquatic ecosystems.

``SEC. 1109. TECHNOLOGY DEVELOPMENT DEMONSTRATION AND VERIFICATION.

``(a) Environmentally Sound Technology Development, Demonstration
and Verification.--
``(1) In general.--Not later than 1 year after the date of
enactment of the National Oceans Protection Act of 2005, the
Administrator, in consultation with the Army Corps of Engineers
and the administering agencies, shall develop and implement a
grant program to fund research, development, demonstration, and
verification of environmentally sound cost-effective
technologies and methods to control and eradicate aquatic
invasive species.
``(2) Purposes.--Proposals funded under this program
shall--
``(A) provide funds to support on-going efforts of
Federal, State, or local officials to control and
eradicate aquatic invasive species in an
environmentally sound manner;
``(B) increase the number of environmentally sound
technologies or methods Federal, State, or local
officials may use to control or eradicate aquatic
invasive species;
``(C) provide for the demonstration or
dissemination of the technologies or methods to
potential end-users; and
``(D) verify that any technology or practice meets
any appropriate criteria developed for effectiveness
and environmental soundness that are established by the
Administrator.
``(3) Preference.--In making grants under this subsection,
the Administrator shall give preference to proposals that meet
criteria developed for environmental soundness that are
established by the Administrator.
``(4) Merit review.--Grants awarded through this subsection
shall be awarded through a competitive, peer-reviewed process
and shall be merit-based.
``(5) Report.--Not later than 3 years after the date of
enactment of the National Oceans Protection Act of 2005, the
Administrator shall submit to Congress a report on the program
conducted under this subsection, including findings and
recommendations of the Secretary with respect to technologies
and methods described in paragraph (1).
``(b) Dispersal Barrier Research Program.--Not later than 1 year
after the date of enactment of the National Oceans Protection Act of
2005, the Assistant Secretary, in conjunction with the Director and
other appropriate Federal agencies and academic researchers, shall
establish a research, development, and demonstration program--
``(1) to study environmentally sound methods and
technologies to reduce dispersal of aquatic invasive species
through interbasin waterways; and
``(2) to assess the potential for using those methods and
technologies in other waterways.''.
(b) Expansion of Vessel Pathway Technology Demonstration Program.--
Section 1104(b) of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4712(b)) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(7) and (8), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Additional purposes.--The Secretary of the Interior
and the Secretary of Commerce may demonstrate and verify
technologies under this subsection to monitor and control
pathways of organism transport on vessels other than through
ballast water.
``(5) Priority.--In making grants under this subsection,
the Secretary of the Interior and the Secretary of Commerce
shall give priority to technologies that meet criteria
established in any testing protocol developed under the
Environmental Technology Verification program of the
Administrator.
``(6) Workshop.--The Secretary of the Interior and the
Secretary of Commerce shall--
``(A) hold an annual workshop to encourage the
exchange of information between and among--
``(i) principal investigators for which
funds are made available under this subsection;
and
``(ii) researchers conducting research
directly relating to vessel pathway technology
development; and
``(B) make the results of the proceedings widely
available to the public.''.

SEC. 723. VESSEL PATHWAY STANDARDS RESEARCH.

Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section
722(a)) is amended by adding at the end the following:

``SEC. 1110. VESSEL PATHWAY STANDARDS RESEARCH.

``(a) Research Program.--
``(1) In general.--The Secretary and the Administrator (in
coordination with the National Oceanic and Atmospheric
Administration, the Task Force, and other appropriate Federal
agencies and academic researchers) shall develop and conduct a
coordinated research program to support the establishment and
implementation of standards to prevent the introduction and
spread of aquatic invasive species by vessels.
``(2) Components.--The research program shall include
programs to--
``(A) characterize physical, chemical, and
biological harbor conditions relevant to ballast
discharge into waters of the United States to provide
information for the design and implementation of vessel
vector control technologies and practices;
``(B) develop testing protocols for determining the
effectiveness of vector monitoring and control
technologies and practices;
``(C) research and demonstrate methods for
mitigating the spread of aquatic invasive species by
coastal voyages, including the exploration of the
effectiveness of alternative exchange zones in the near
coastal areas and other methods proposed to reduce the
transfers of organisms;
``(D) verify the practical effectiveness of any
type approval process to ensure that the process
produces repeatable and accurate assessments of
treatment effectiveness; and
``(E) evaluate the effectiveness and residual risk
and environmental impacts associated with any standard
established with respect to a ship pathway through
experimental research.
``(b) Performance Test.--Not later than 1 year after the date of
enactment of the National Oceans Protection Act of 2005, the Secretary,
in conjunction with the National Institute of Standards and Technology
and the Maritime Administration, shall design a performance test for
ballast water exchange (such as a dye study) to measure the
effectiveness of ballast water exchange.
``(c) National Academy of Sciences Study.--
``(1) In general.--The Secretary shall enter into an
agreement with the National Academy of Sciences under which the
Academy shall--
``(A) identify the relative risk of transfer of
various taxonomic groups of invasive species by
different vessel modes;
``(B)(i) assess the extent to which a ballast water
standard that virtually eliminates the risk of
introduction of invasive species by ballast water may
relate to the risk of introductions by all vessel
modes; and
``(ii) explain the degree of uncertainty in such an
assessment; and
``(C)(i) recommend methods for reducing the
transfers of invasive species by vessels by addressing
all parts and systems of vessels and all related modes
of transport of invasive organisms; and
``(ii) identify the research, development, and
demonstration needed to improve the information base to
support those methods, including economic information.
``(2) Report.--Not later than 2 years after the date of
enactment of the National Oceans Protection Act of 2005, the
Secretary shall submit to Congress a report that describes the
results of the study under paragraph (1).
``(3) Implementation of recommendations.--Not later than
the later of the date that is 1 year after the date of
submission of the report under paragraph (2) or the date that
is 3 years after the date of enactment of the National Oceans
Protection Act of 2005, the Task Force, in conjunction with the
Administrator, administering agencies, and other appropriate
Federal agencies, shall submit to the Secretary a report that
describes recommendations for--
``(A) a vessel pathway treatment standard that
incorporates all potential modes of transfer by vessel;
and
``(B) methods for type approval and accurate
monitoring of treatment performance that are simple and
streamlined and follow established protocols.
``(d) Working Group.--
``(1) In general.--Not later than 2 years after the date of
issuance by the Secretary of any standard relating to the
introduction by vessels of invasive species, the Secretary
shall convene a working group (including the Administrator, the
administering agencies, and other appropriate Federal and State
agencies and academic researchers) to evaluate the
effectiveness of that standard and accompanying implementation
protocols.
``(2) Duties.--The duties of the working group shall
include, at a minimum--
``(A) reviewing the effectiveness of the standard
in reducing the establishment of invasive species in
aquatic ecosystems, taking into consideration the data
collected under section 1106; and
``(B) submitting recommendations to the Secretary
(who shall make the recommendations widely available to
the public) for the revision of the standard and type
approval process in order to ensure--
``(i) effectiveness in reducing
introductions of invasive species; and
``(ii) the effectiveness of accurate
shipboard monitoring of treatment performance
in a simple and streamlined manner.''.

SEC. 724. GRADUATE EDUCATION IN SYSTEMATICS AND TAXONOMY.

Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section
723) is amended by adding at the end the following:

``SEC. 1111. RESEARCH IN SYSTEMATICS AND TAXONOMY.

``(a) In General.--The National Science Foundation shall establish
a program to award grants to researchers at institutions of higher
education and museums to carry out research in systematics and
taxonomy.
``(b) Purposes.--The purposes of the program are--
``(1) to encourage scientists to pursue careers in
systematics and taxonomy to ensure a continuing knowledge base
in those disciplines;
``(2) to ensure that there will be adequate expertise in
systematics and taxonomy to meet Federal, State, and local
needs to identify invasive species;
``(3) to develop that expertise throughout the United
States with an emphasis on regional diversity; and
``(4) to draw on existing expertise in systematics and
taxonomy at institutions of higher education and museums to
train the next generation of systematists and taxonomists.
``(c) Administration.--
``(1) Merit review.--Grants awarded through this section
shall be awarded through a competitive, peer-reviewed process
and shall be merit-based.
``(2) Preferences.--In making grants under this section,
the National Science Foundation shall provide a preference
for--
``(A) projects in a diverse set of ecosystems and
geographic locations;
``(B) if applicable, projects that are integrated
with the Long Term Ecological Research Network created
by the National Science Foundation;
``(C) projects that include student participation;
and
``(D) projects carried out by institutions of
higher education and museums that actively train
students to become experts in systematics and
taxonomy.''.

Subtitle D--Coordination

SEC. 731. PROGRAM COORDINATION.

(a) Membership of Task Force.--Section 1201(b) of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is
amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (12); and
(3) by inserting after paragraph (6) the following:
``(7) the Director of the United States Geological Survey;
``(8) the Director of the Smithsonian Environmental
Research Center;
``(9) the Secretary of State;
``(10) the Secretary of Transportation;
``(11) the Secretary of Homeland Security; and''.
(b) Coordination With Invasive Species Council.--Section 1201(f) of
the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990
(16 U.S.C. 4721(f)) is amended--
(1) by striking ``Each Task Force member'' and inserting
the following:
``(1) In general.--Each member of the Task Force''; and
(2) by adding at the end the following:
``(2) Invasive species council.--The Invasive Species
Council shall--
``(A) coordinate and cooperate with the Task Force
in carrying out the duties of the Invasive Species
Council relating to aquatic invasive species;
``(B) not later than 2 years after the date of
enactment of the National Oceans Protection Act of
2005, and every 3 years thereafter, submit to Congress
a report that summarizes the status of the conduct of
activities authorized by and required under this Act;
and
``(C) establish any regional panels or task forces
in coordination with the regional panels of the Task
Force convened under section 1203.''.
(c) Coordination With Other Programs.--Section 1202(c) of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4722(c)) is amended by adding at the end the following:
``(3) Recommendations for lists.--
``(A) In general.--The Task Force shall annually
recommend to Federal agencies of jurisdiction such
additions of aquatic invasive species as the Task Force
determines to be appropriate for inclusion on--
``(i) any list of species of wildlife
covered by section 42 of title 18, United
States Code (including regulations); or
``(ii) any list of noxious weeds under the
Plant Protection Act (7 U.S.C. 7701 et seq.)
(including regulations promulgated under that
Act contained in part 360 of title 7, Code of
Federal Regulations (or any successor
regulations)).
``(B) Process.--The Task Force may use the
screening process developed pursuant to section 1105 to
identify species pursuant to subparagraph (A).''.
(d) Regional Coordination.--Section 1203 of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4723) is
amended by adding at the end the following:
``(d) Annual Inter-Regional Meeting.--The Task Force shall annually
convene all regional panels established pursuant to this Act for the
purpose of information transfer between and among panels, and between
the panels and the Task Force, regarding aquatic invasive species
management.
``(e) Organizations.--
``(1) In general.--An interstate organization that has a
Federal charter authorized by law or executive order for
purposes of fisheries or natural resource management may
develop and implement--
``(A) regional aquatic invasive species management
plans; and
``(B) rapid response activities that are--
``(i) requested by the Governors of the
member States of the organization; and
``(ii) consistent with any relevant State
aquatic invasive species management plans.
``(2) Funds.--The interstate organization may receive funds
under this Act to implement activities under the regional
aquatic invasive species management plan of the
organization.''.
(e) State Aquatic Invasive Species Management Plans.--Section
1204(a) of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4724(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by inserting before the
semicolon at the end the following: ``, including, in
accordance with guidelines issued by the Task Force
under paragraph (5)--
``(i) rapid assessment and response
contingency strategies under section 1211;
``(ii) early detection strategies under
section 1211(b)(4); and
``(iii) aquatic plant control programs
conducted pursuant to other laws''; and
(B) in subparagraph (D), by inserting ``include''
after ``(D)''; and
(2) by adding at the end the following:
``(5) Guidelines.--
``(A) In general.--Not later than 1 year after the
date of enactment of the National Oceans Protection Act
of 2005, the Task Force shall amend the guidelines of
the Task Force for the development of plans under this
subsection, including guidelines for reporting progress
in implementing the plans, to encourage consistency in
implementation of and reporting under those plans.
``(B) Guidelines.--The guidelines published under
subparagraph (A) shall include, for the purpose of
paragraph (2)(A), guidelines concerning--
``(i) rapid response contingency strategies
under section 1211;
``(ii) early detection strategies under
section 1211(b)(4);
``(iii) aquatic plant control programs
conducted pursuant to other laws; and
``(iv) the review and revision of
requirements of this subsection and the
reapproval process under this subsection.
``(6) Relationship to other plans.--
``(A) In general.--A plan approved under paragraph
(4) shall be deemed to meet any State planning
requirement of the program established under section
104 of the River and Harbor Act of 1958 (33 U.S.C. 610)
for a plan to control noxious aquatic plant growths.
``(B) Enforcement.--Funds provided to States for
implementation of plans pursuant to section 1204 may be
used by States to enforce requirements relating to
aquatic invasive species under the Plant Protection Act
(7 U.S.C. 7701 et seq.) (including regulations
promulgated under that Act contained in part 360 of
title 7, Code of Federal Regulations (or any successor
regulations)).
``(7) Eligibility of existing plans.--A plan approved under
this section as of the day immediately before the date of
enactment of the National Oceans Protection Act of 2005 shall
be eligible to receive a grant awarded under this section.
``(8) Review and revision.--
``(A) In general.--Each State shall periodically
review and, as necessary, revise the management plan of
the State in accordance with guidelines of the Task
Force.
``(B) Update of existing plans.--A plan approved
under this section as of the day immediately before the
date of enactment of the National Oceans Protection Act
of 2005 shall be updated after the date of enactment of
the National Oceans Protection Act of 2005 to conform
to the guidelines published under paragraph (5).
``(9) Other state management plans.--In addition to the
management plans required under this subsection, the Director
shall encourage each State to develop and implement new, and
expand existing, State management plans to improve State
actions to prevent and control aquatic invasive species.''.
(f) Grant Program.--Section 1204(b)(1) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4724(b)(1)) is
amended by striking ``subsection (a) for the implementation of those
plans.'' and inserting the following: ``subsection (a)--
``(A) to develop those plans with a total amount
that does not exceed 10 percent of the amounts made
available for grants under this section for each fiscal
year; and
``(B) to implement those plans.''.

SEC. 732. INTERNATIONAL COORDINATION.

(a) In General.--Subtitle E of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4751 et seq.) is
amended--
(1) by striking the subtitle heading and inserting the
following:

``Subtitle E--Administration'';

and
(2) by adding at the end the following:

``SEC. 1402. INTERNATIONAL COORDINATION.

``(a) In General.--The Task Force, the Invasive Species Council,
and the Secretary of State shall, to the maximum extent practicable,
ensure that international efforts to prevent, detect, monitor, assess,
and control aquatic invasive species (including through the
International Maritime Organization, the International Convention on
the Exploration of the Sea, the Global Invasive Species Program, and
other appropriate programs) are coordinated with policies of the United
States established by this Act.
``(b) Coordination With Neighboring Countries.--
``(1) In general.--The Task Force, in consultation with the
Secretary of State, shall include in the report required by
section 1202(m) a description of the means by which
international agreements and regulations with countries that
share a border with the United States will be implemented and
enforced by Federal agencies (including a clarification of the
roles and responsibilities of those agencies).
``(2) Negotiations.--As soon as practicable after the date
of enactment of the National Oceans Protection Act of 2005, the
Secretary of State may enter into negotiations with--
``(A) Canada to issue a request that the
International Joint Commission, not later than 18
months after the date of enactment of that Act, review,
research, conduct hearings on, and submit to the
parties represented on the International Joint
Commission a report that describes the success of
current policies of governments in the United States
and Canada having jurisdiction over the Great Lakes in
anticipating and preventing biological invasions of the
aquatic ecosystem in the Great Lakes, including--
``(i) an analysis of current Federal, State
or Provincial, local, and international laws,
enforcement practices, and agreements;
``(ii) an analysis of prevention efforts
relating to all likely pathways for biological
invasions of the aquatic ecosystem in the Great
Lakes; and
``(iii) recommendations of the
International Joint Commission for means by
which to improve and harmonize the policies and
enforcement practices referred to in clause
(i); and
``(B) Mexico, to ensure coordination of efforts of
the United States with efforts of Mexico to manage
invasive species established in the United States-
Mexico border region.''.

Subtitle E--Authorization of Appropriations

SEC. 741. AUTHORIZATION OF APPROPRIATIONS.

Section 1301 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4741) is amended to read as follows:

``SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.

``(a) In General.--Except as otherwise provided in this section,
there are authorized to be appropriated such sums as are necessary to
carry out this Act for each of fiscal years 2006 through 2010.
``(b) Task Force and Aquatic Invasive Species Program.--There are
authorized to be appropriated for each of fiscal years 2006 through
2010--
``(1) $8,000,000, to carry out activities of the Task Force
under section 1202, of which--
``(A) $4,000,000 shall be used by the Director;
``(B) $3,000,000 shall be used by the National
Oceanic and Atmospheric Administration; and
``(C) $1,000,000 shall be used by the Invasive
Species Council;
``(2) $30,000,000, to provide grants under section 1204(b);
and
``(3) $3,000,000, to provide assistance to the regional
panels of the Task Force.
``(c) International Coordination.--There is authorized to be
appropriated to the Department of State to carry out section 1403
$1,000,000 for each of fiscal years 2006 through 2010.
``(d) Prevention of Introduction by Vessels of Aquatic Invasive
Species Into Waters of the United States.--There are authorized to be
appropriated for each of fiscal years 2006 through 2010--
``(1) $6,000,000, to be used by the Secretary to carry out
section 1101;
``(2) $2,500,000, to be used by the Administrator to carry
out section 1101; and
``(3) $2,750,000, to be used by the Task Force to carry out
section 1101, of which--
``(A) $1,500,000 shall be used by the Director; and
``(B) $1,250,000 shall be used by the National
Oceanic and Atmospheric Administration.
``(e) Prevention of the Introduction by Nonvessel Pathways of
Aquatic Invasive Species Into Waters of the United States.--There are
authorized to be appropriated for each of fiscal years 2006 through
2010 $5,000,000, to carry out the priority pathway management program
under section 1210, of which--
``(1) $2,000,000 shall be used by the National Oceanic and
Atmospheric Administration; and
``(2) $3,000,000 shall be used by the Director.
``(f) Early Detection and Monitoring.--There is authorized to be
appropriated, to carry out early detection, monitoring, and survey
planning and implementation under section 1106, $2,000,000 for each of
fiscal years 2006 and 2007 and $10,000,000 for each of fiscal years
2008 through 2010, of which--
``(1) for each of fiscal years 2006 and 2007--
``(A) $1,000,000 shall be used by the National
Oceanic and Atmospheric Administration; and
``(B) $1,000,000 shall be used by the Director; and
``(2) for each of fiscal years 2008 through 2010--
``(A) $5,000,000 shall be used by the National
Oceanic and Atmospheric Administration; and
``(B) $5,000,000 shall be used by the Director.
``(g) Containment and Control.--
``(1) Dispersal barriers.--There are authorized to be
appropriated for each of fiscal years 2006 through 2010--
``(A) $300,000, to be used by the Assistant
Secretary in carrying out operation and maintenance of
the Chicago River Canal Dispersal Barrier under section
1202(j)(1);
``(B) $1,800,000, to be used by the Assistant
Secretary in carrying out the complete construction of
the Chicago River Canal Dispersal Barrier;
``(C) $8,000,000, to be used by the Assistant
Secretary for the construction of a second long-service
life barrier for the Chicago River Canal;
``(D) $500,000, to be used by the Assistant
Secretary to carry out a feasibility study for the
construction described in subparagraph (C); and
``(E) $2,150,000, to be used by the Director to
carry out the monitoring program under section
1202(j)(2).
``(2) Rapid response.--There are authorized to be
appropriated for each of fiscal years 2006 through 2010--
``(A) $25,000,000, to the Emergency Rapid Response
Fund established under section 1211(a), to remain
available until expended;
``(B) $1,000,000, to be used by the Invasive
Species Council in developing the State and regional
rapid response contingency strategy under section 1211;
and
``(C) $1,500,000, to be used for Federal rapid
response teams under section 1211(f), of which--
``(i) $500,000 shall be used by the
National Oceanic and Atmospheric
Administration; and
``(ii) $1,000,000 shall be used by the
Director.
``(3) Environmental soundness.--There is authorized to be
appropriated for establishment under section 1202(k) of
criteria for the improvement of treatment methods for aquatic
invasive species $600,000 for each of fiscal years 2006 through
2010.
``(h) Information, Education and Outreach.--There are authorized to
be appropriated for each of fiscal years 2006 through 2010--
``(1) $500,000, to be used by the Secretary of the Interior
to carry out the information and education program under
section 1202(h)(2)(D);
``(2) $750,000, to be used by the Director in carrying out
the 100th meridian program under section 1202(h)(2)(C);
``(3) $2,000,000, to be used to carry out informational and
educational activities of the Task Force under section 1202(h),
of which--
``(A) $1,000,000 shall be used by the National
Oceanic and Atmospheric Administration; and
``(B) $1,000,000 shall be used by the Director; and
``(4) $500,000, to be used by the National Oceanic and
Atmospheric Administration to carry out section
1202(h)(2)(B)(ii).
``(i) Research.--
``(1) Ecological and pathway research and analysis.--There
are authorized to be appropriated for each of fiscal years 2006
through 2010--
``(A) $17,000,000, to be used by the National
Oceanic and Atmospheric Administration to carry out
sections 1106 and 1107, of which $13,000,000 shall be
used to carry out the grant program under section
1106(g));
``(B) $4,000,000, to be used by the Smithsonian
Environmental Research Center to carry out sections
1106 and 1107;
``(C) $4,500,000, to be used by the United States
Geological Survey to carry out sections 1106 and 1107,
of which $500,000 shall be used to develop, maintain,
and update the database required under section
1106(j)); and
``(D) $1,650,000, to be used by the Great Lakes
Environmental Research Laboratory to carry out the
demonstration program under section 1202(i).
``(2) Dissemination.--There is authorized to be
appropriated to provide for the dissemination of information by
the Invasive Species Council under section 1108 $500,000 for
each of fiscal years 2006 through 2010.
``(3) Technology development, demonstration, and
verification.--There are authorized to be appropriated for each
of fiscal years 2006 through 2010--
``(A) $2,500,000, to be used by the Administrator
for the purposes of environmental soundness screening
and improvement under section 1109(a);
``(B) $1,000,000, to be used by the Assistant
Secretary to carry out the program under section
1109(b); and
``(C) $7,500,000, to carry out vessel pathway
technology development under sections 1104 and 1301(e).
``(4) Vessel pathway standards research.--There are
authorized to be appropriated--
``(A) for each of fiscal years 2006 through 2010,
$3,000,000, to be used for research in support of
vessels pathway standards and technology evaluation
under section 1110(a) of which--
``(i) $1,500,000 shall be used by the
Administrator; and
``(ii) $2,000,000 shall be used by the
Secretary of the Coast Guard;
``(B) for each of fiscal years 2006 through 2008,
$500,000, to be used by the Coast Guard to carry out
the performance test required under section 1110(b);
and
``(C) for fiscal year 2006, $500,000, to be used by
the Secretary of the Coast Guard to enter into an
agreement with the National Academy of Sciences to
carry out the study required under section 1110(c).
``(5) Research in systematics and taxonomy.--There is
authorized to be appropriated for the National Research
Foundation to provide research grants for systematics and
taxonomy under section 1111 $2,500,000 for each of fiscal years
2006 through 2010.''.

Subtitle F--Conforming Amendments

SEC. 751. CONFORMING AMENDMENTS.

(a) In General.--The Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 is amended--
(1) in section 1102 (16 U.S.C. 4712)--
(A) in subsection (a), by striking the subsection
heading and inserting the following:
``(a) Studies on Introduction of Aquatic Invasive Species by
Vessels.--''; and
(B) in subsection (b)--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2) and
(3) as paragraphs (1) and (2), respectively;
(2) in subtitle C (16 U.S.C. 4721 et seq.), by striking the
subtitle heading and inserting the following:

``Subtitle C--Prevention and Control of Aquatic Invasive Species
Dispersal'';

(3) in section 1201(a) (16 U.S.C. 4721(a)), by striking
``Nuisance Species'' and inserting ``Invasive Species'';
(4) in section 1202 (16 U.S.C. 4722), by striking the
section heading and inserting the following:

``SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM.'';

(5) in section 1204 (16 U.S.C. 4724), by striking the
section heading and inserting the following:

``SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGEMENT PLANS.'';

and
(6) by striking ``aquatic nuisance species'' each place it
appears and inserting ``aquatic invasive species''.
(b) Short Title.--
(1) In general.--Section 1001 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701) is
amended by striking ``Nonindigenous Aquatic Nuisance'' and
inserting ``Nonindigenous Aquatic Invasive Species''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 shall be deemed to be a reference to the Nonindigenous
Aquatic Invasive Species Prevention and Control Act of 1990.

TITLE VIII--CONTAMINATED SEDIMENTS

SEC. 801. DESIGNATION OF SITES.

(a) Consultation.--Section 102(c)(3) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(3)) is amended
in the second sentence by inserting before the period at the end the
following: ``and, not later than 3 years after the date of enactment of
the National Oceans Protection Act of 2005, consult with each other
concerning development and implementation of the plans''.
(b) Disposal Impact Evaluation and Reports.--Section 102(c)(4) of
the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.
1412(c)(4)) is amended--
(1) in the first sentence, by striking ``After'' and
inserting the following:
``(A) Management plans.--
``(i) In general.--After'';
(2) in the second sentence, by striking ``Beginning'' and
inserting the following:
``(B) Prohibitions.--
``(i) In general.--Beginning'';
(3) in the last sentence, by striking ``Beginning'' and
inserting the following:
``(ii) Newport beach, california.--
Beginning''; and
(4) in subparagraph (A) (as designated by paragraph (1)),
by adding at the end the following:
``(ii) Disposal impact evaluation and
reports.--
``(I) In general.--As part of the
management plan required for a site,
the Administrator shall evaluate the
impact of disposal at the site and
submit, as part of an annual report to
Congress, a report describing the
impact.
``(II) Administration.--In making
the evaluation and preparing the
report, the Administrator shall
consider the types of effects, and make
the determinations, required under
section 228.10 of title 40, Code of
Federal Regulations (or a successor
regulation).
``(III) Modification or closure of
sites.--As part of the report, the
Administrator shall list sites that are
or should be modified or closed and
describe remedial action that is
necessary for such sites.''.

SEC. 802. SEDIMENT QUALITY SURVEY, MONITORING, CRITERIA, AND STANDARDS.

(a) In General.--Section 304(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1314(a)) is amended by adding at the end the
following:
``(10) Sediment quality survey, monitoring, criteria, and
standards.--
``(A) Definition of contaminated sediment.--In this
paragraph, the term `contaminated sediment' means
aquatic sediment that--
``(i) contains a pollutant or naturally
occurring substance in excess of appropriate
geochemical, toxicological, or sediment quality
criteria or measures; or
``(ii) is otherwise considered by the
Administrator to pose a threat to human health
or the environment.
``(B) Survey.--
``(i) In general.--The Administrator, in
consultation with the Administrator of the
National Oceanic and Atmospheric
Administration, the Secretary of the Army,
local agencies, and other interested persons,
shall--
``(I) conduct a comprehensive
national survey of data regarding
aquatic sediment quality in the United
States;
``(II) compile all available
information on the quantity, chemical
and physical composition, and
geographic location of pollutants in
aquatic sediment, including the
probable sources and nonpoint sources
of the pollutants and identification of
those sediments that are contaminated
sediments; and
``(III) not later than October 31,
2006, submit to Congress the findings,
conclusions, and recommendations of the
survey, including recommendations for
actions necessary to prevent
contamination of aquatic sediments and
to control sources of contamination.
``(ii) Update.--Not later than 2 years
after the date of enactment of this paragraph,
the Administrator shall--
``(I) update the survey required
under clause (i)(I); and
``(II) submit to Congress a report
described in clause (i)(III) on the
updated survey.
``(C) Monitoring.--
``(i) In general.--The Administrator, in
consultation with the Administrator of the
National Oceanic and Atmospheric Administration
and the Secretary of the Army, shall conduct a
comprehensive and continuing program to monitor
aquatic sediment quality that, at a minimum--
``(I) identifies the location of
pollutants in aquatic sediment;
``(II) identifies the extent of
pollutants in sediment (including in
contaminated sediment);
``(III) establishes methods and
protocols for monitoring the physical,
chemical, and biological effects of
pollutants in aquatic sediment and
contaminated sediment;
``(IV) develops a system for the
management, storage, and dissemination
of data concerning aquatic sediment
quality;
``(V) provides an assessment of
aquatic sediment quality trends over
time;
``(VI) identifies locations at
which pollutants in sediment may pose a
threat to the quality of drinking water
supplies, fisheries resources, and
marine habitats; and
``(VII) establishes a clearinghouse
for information on technology, methods,
and practices available for the
remediation, decontamination, and
control of sediment contamination.
``(ii) Report.--Not later than October 31,
2005, and biennially thereafter, the
Administrator shall submit to Congress a report
on the findings of the monitoring under clause
(i).
``(D) Criteria and standards.--
``(i) In general.--Not later than 3 years
after the date of enactment of this paragraph,
in carrying out paragraph (1), the
Administrator, in consultation with the
Administrator of the National Oceanic and
Atmospheric Administration and after public
notice and comment, shall promulgate sediment
quality criteria and standards that are fully
protective of the most sensitive aquatic
species at their most sensitive life stages.
``(ii) Information.--The criteria and
standards shall be based on the best available
scientific information from Federal, regional,
State, and local agencies, the private sector,
and academic institutions.''.
(b) Conforming Amendments.--
(1) Section 503 of the Water Resources Development Act of
1992 (33 U.S.C. 1271) is repealed.
(2) Section 501(b) of the Water Resources Development Act
of 1992 (106 Stat. 4864) is amended by striking ``purposes of
sections 502 and 503 of this title'' and inserting ``purpose of
section 502''.

SEC. 803. NO PREEMPTION OF STATE OR LOCAL AUTHORITY.

Nothing in this title or any amendment made by this title preempts
or otherwise affects the authority of a State or local government to
establish or enforce any standard that is more stringent than a
standard established under this title or an amendment made by this
title.

TITLE IX--OCEANS AND WATER QUALITY

SEC. 901. WATER QUALITY CRITERIA AND STANDARDS FOR DISCHARGES OF
NUTRIENTS.

(a) Effluent Limitations.--
(1) In general.--Section 301(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1311(b)) is amended--
(A) in paragraph (2)(F), by striking the period at
the end and inserting a semicolon;
(B) in paragraph (3)(B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) for any advanced wastewater treatment standards in
accordance with section 304(d)(5), compliance as expeditiously
as practicable, but in no case later than 3 years after the
date on which the standards are promulgated under that
section.''.
(2) Conforming amendments.--
(A) Section 301(d) of the Federal Water Pollution
Control Act (33 U.S.C. 1311(d)) is amended by striking
``paragraph (2)'' and inserting ``paragraphs (2) and
(4)''.
(B) Section 302 of the Federal Water Pollution
Control Act (33 U.S.C. 1312) is amended--
(i) in subsection (a), by striking
``section 301(b)(2) of this Act'' and inserting
``paragraph (2) or (4) of section 301(b)''; and
(ii) in subsection (b)(2)(B)(ii), by
striking ``section 301(b)(2)'' and inserting
``paragraph (2) or (4) of section 301(b)''.
(b) Standards for Nutrients.--Section 303(c)(2) of the Federal
Water Pollution Control Act (33 U.S.C. 1313(c)(2)) is amended--
(1) in subparagraph (B)--
(A) in the first sentence--
(i) by inserting ``and, not later than 3
years after the date of promulgation of
standards for nutrients under paragraph (5),
for all criteria under section 304(a)(11) on
which those standards for nutrients are
based,'' after ``304(a),''; and
(ii) by inserting ``toxic pollutants or
nutrients'' after ``presence of which'';
(B) in the second sentence, by inserting ``and
nutrients'' after ``pollutants''; and
(2) by adding at the end the following:
``(C) Water quality standards for nutrients.--Not
later than 1 year after the date of publication of
water quality criteria for nutrients under
subparagraphs (A)(i) and (B)(i) of section 304(a)(11),
each State shall establish, in accordance with this
subsection, water quality standards that implement the
criteria published under those subparagraphs in the
State.''.
(c) Criteria for Nutrients.--Section 304(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1314(a)) (as amended by section
802(a)) is amended by adding at the end the following:
``(11) Criteria for nutrients.--
``(A) Coastal and estuarine waters.--Not later than
5 years after the date of enactment of this paragraph,
the Administrator shall publish in the Federal Register
final ecoregional, numeric water quality criteria for
nutrients in coastal and estuarine waters of the United
States (including waters of the contiguous zone and the
territorial seas).
``(B) Freshwater.--Not later than 1 year after the
date of enactment of this paragraph, the Administrator
shall publish in the Federal Register final
ecoregional, numeric water quality criteria for
nutrients in bodies of freshwater in the United
States.''.
(d) Advanced Wastewater Treatment Standards for Nutrient Removal.--
Section 304(d) of the Federal Water Pollution Control Act (33 U.S.C.
1314(d)) is amended by adding at the end the following:
``(5) Advanced wastewater treatment standards for nutrient
removal.--
``(A) In general.--As soon as practicable, but in
no case later than 3 years, after the date of enactment
of this paragraph, based on the best available
technology, the Administrator, after consultation with
appropriate Federal and State agencies and other
interested persons, shall promulgate advanced
wastewater treatment standards for the removal of
nutrients from discharges into marine and estuarine
water and freshwater.
``(B) Determination of standards.--In determining
the standards referred to in subparagraph (A), the
Administrator shall take into consideration the factors
specified in subsection (b)(2)(B).''.
(e) Pretreatment Standards for Nutrients.--Section 307(d) of the
Federal Water Pollution Control Act (33 U.S.C. 1317(d)) is amended by
inserting ``, nutrient standard,'' after ``effluent standard'' each
place it appears.

SEC. 902. CONTINUING PLANNING PROCESSES FOR TOTAL MAXIMUM DAILY LOADS.

Section 303(e) of the Federal Water Pollution Control Act (33
U.S.C. 1313(e)) is amended--
(1) by striking ``(e)(1) Each State shall have a continuing
planning process approved under paragraph (2) of this
subsection which'' and inserting the following:
``(e) Continuing Planning Process.--
``(1) In general.--Each State shall have a continuing
planning process approved under paragraph (2) that'';
(2) in paragraph (2), by striking ``(2) Each'' and all that
follows through the end of the first sentence and inserting the
following:
``(2) Submission.--Not later than 120 days after the date
of enactment of the Water Pollution Control Amendments of 1972,
each State shall submit to the Administrator, for approval, a
plan described in this subsection that is consistent with this
Act.'';
(3) in paragraph (3)--
(A) by striking ``(3) The Administrator'' and
inserting the following:
``(3) Approval.--The Administrator'';
(B) by striking ``to him'' and inserting ``to the
Administrator'';
(C) by striking ``include the following:'' and
inserting ``include--'';
(D) in subparagraph (H), by striking the period at
the end and inserting a semicolon;
(E) by adjusting the indentation of subparagraphs
(A) through (H) so as to conform to the amendments made
by this subsection; and
(F) by adding at the end the following:
``(I) an implementation plan for each total maximum
daily load approved under this Act;
``(J) a description of measures to be taken to
ensure compliance with all applicable water quality
standards; and
``(K) a description of special measures to be taken
by the State to protect sole source aquifers identified
under the Safe Drinking Water Act (42 U.S.C. 300f et
seq.), and outstanding national resource waters
identified under this Act, in the State.''; and
(4) by adding at the end the following:
``(4) Updating of continuing planning process.--
``(A) In general.--Not later than 3 years after the
date of enactment of this paragraph, and triennially
thereafter, each State shall update, and submit to the
Administrator the updated version of, the continuing
planning process of the State under this subsection.
``(B) Approval or disapproval.--Not later than 1
year after the date on which the Administrator receives
an updated version of a continuing planning process
under subparagraph (A), the Administrator shall--
``(i) approve the version;
``(ii) disapprove the version; or
``(iii) conditionally approve the version
subject to approval by the Administrator of
additional revisions.
``(C) Conditional approval.--If the Administrator
conditionally approves an updated version of a
continuing planning process under subparagraph
(B)(iii), the Administrator shall--
``(i) provide the State a period of time,
not to exceed 1 year after the date of
conditional approval of the version, during
which the State submitting the version may
revise and resubmit the version; and
``(ii) not later than 90 days after the
date on which the State resubmits the version,
approve or disapprove the resubmitted version.
``(D) Federal intervention.--If the Administrator
disapproves an updated version of a continuing planning
process of a State under subparagraph (B)(ii) or
(C)(ii), the Administrator shall, not later than 2
years after the date of disapproval, develop an
implementation plan for the State that--
``(i) includes each total maximum daily
load approved under this Act; and
``(ii) ensures compliance with all
applicable water quality standards.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator, for use in carrying
out paragraph (4) and assisting States in developing more
protective continuing planning processes under this subsection,
such sums as may be necessary for each of fiscal years 2006
through 2010.''.

SEC. 903. SANITARY SEWER OVERFLOWS.

(a) Definition of Sanitary Sewer Overflow.--Section 502 of the
Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by
adding at the end the following:
``(24) Sanitary sewer overflow.--The term `sanitary sewer
overflow' means an overflow, spill, release, or diversion of
wastewater from a sanitary sewer system. The term includes an
overflow or release of wastewater that reaches waters of the
United States, an overflow or release of wastewater that does
not reach waters of the United States, and a wastewater backup
into a building that is caused by a blockage or flow conditions
in a sanitary sewer (including in a publicly owned building
lateral). The term does not include a combined sewer overflow
or other discharge from the combined portions of a combined
sewer system, or a wastewater backup into a building caused by
a blockage or other malfunction of a building lateral that is
privately owned.''.
(b) Sanitary Sewer Overflows.--
(1) In general.--Title III of the Federal Water Pollution
Control Act (33 U.S.C. 1311 et seq.) is amended by adding at
the end the following:

``SEC. 321. SANITARY SEWER OVERFLOWS.

``(a) In General.--Not later than 1 year after the date of
enactment of this section, the owner or operator of a publicly owned
treatment works (as defined in section 212), under a permit issued
under this section, shall--
``(1) institute and use a methodology, technology, or
management program that will alert the owner or operator to the
occurrence of a sanitary sewer overflow in a timely manner;
``(2) notify the public of a sanitary sewer overflow in any
area in which the overflow has the potential to affect human
health;
``(3) notify the public as soon as practicable within 24
hours of the time at which the owner or operator becomes aware
of the sanitary sewer overflow;
``(4) immediately notify public health authorities and
owners and operators of other affected entities, such as public
water systems, of any sanitary sewer overflow that may
imminently and substantially endanger human health;
``(5) provide to the Administrator (or the State, in the
case of a State that has a permit program approved under this
section) an oral and a written or electronic report as soon as
practicable, but not later than 24 hours, after the time at
which the owner or operator becomes aware of the sanitary sewer
overflow;
``(6) provide to the Administrator or the State, as the
case may be, not later than 5 days after the date on which the
owner or operator becomes aware of the sanitary sewer overflow
a written report describing--
``(A) the magnitude, duration, and suspected cause
of the sanitary sewer overflow;
``(B) the steps taken or planned to reduce,
eliminate, and prevent recurrence of the sanitary sewer
overflow; and
``(C) the steps taken or planned to mitigate the
impact of the sanitary sewer overflow;
``(7) report all sanitary sewer overflows to waters of the
United States on its monthly discharge monitoring report to the
Administrator or the State, as the case may be; and
``(8) report to the Administrator or the State, as the case
may be, the total number of sanitary sewer overflows (including
sanitary sewer overflows that do not reach any waters of the
United States) in a calendar year, including the details of--
``(A) the quantity of wastewater that was released
in each sanitary sewer overflow;
``(B) the duration of each sanitary sewer overflow;
``(C) the location of the sanitary sewer overflow
and any potentially affected receiving waters;
``(D) the responses taken to clean up the sanitary
sewer overflow; and
``(E) the actions taken to mitigate impacts and
avoid further sanitary sewer overflows at the site.
``(b) Database.--The Administrator shall establish, maintain, and
make available to the public by electronic and other means a unified,
national sewage spill occurrence database that--
``(1) permits full access from a single point of entry; and
``(2) includes--
``(A) the information reported to the Administrator
under subsection (a)(8);
``(B) the information on sewage spills from
combined sewage overflows reported in monthly discharge
monitoring reports or under subsection (a)(7); and
``(C) such other information concerning sewage
spill incidents made available to the Administrator
under Federal or State spill reporting requirements as
the Administrator determines to be appropriate.
``(c) Report to EPA.--If a State receives a report under paragraph
(1)(H), the State shall annually submit to the Administrator a report
that contains the summarized details of reported sanitary sewer
overflows that occurred in the State during the calendar year covered
by the report.''.
(2) Conforming amendment.--Section 402(a)(1) of the Federal
Water Pollution Control Act (33 U.S.C. 1342(a)(1)) is amended
by inserting ``321,'' after ``308,''.

SEC. 904. STORMWATER RUNOFF FROM CONSTRUCTION AND DEVELOPMENT ACTIVITY.

Section 402(p) of the Federal Water Pollution Control Act (33
U.S.C. 1342(p)) is amended by adding at the end the following:
``(7) Stormwater runoff from construction and development
activity.--As soon as practicable, but in no case later than 3
years, after the date of enactment of this paragraph, the
Administrator shall issue effluent limitation guidelines for
the construction and development industry that are based on
standards of performance for the construction and development
industry under section 306.''.

SEC. 905. BEACH WATER TESTING.

Section 406 of the Federal Water Pollution Control Act (33 U.S.C.
1346) is amended--
(1) in subsection (b)(3)(A)(i), by striking ``subsection
(c)'' and inserting ``subsections (c), (e), and (f)'';
(2) by redesignating subsections (e) through (i) as
subsections (g) through (k);
(3) in subsection (j) (as redesignated by paragraph (2))--
(A) by striking ``subsection (g)(1)(B)'' and
inserting ``subsection (h)(1)(B)''; and
(B) by striking ``subsection (i)'' and inserting
``subsection (k)'';
(4) in subsection (k) (as redesignated by paragraph (2)),
by striking ``subsection (h)'' and inserting ``subsection
(j)''; and
(5) by inserting after subsection (d) the following:
``(e) Routine Monitoring.--
``(1) In general.--Each Federal, State, and local program
for monitoring and notification shall classify all recreational
waters within the jurisdiction of the program into high-,
medium-, and low-risk categories in accordance with the
publication entitled `National Beach Guidance and Required
Performance Criteria for Grants' (EPA-823-B-02-0041).
``(2) High and medium risk waters.--During the recreational
season of the area served by a program described in paragraph
(1), the Administrator (with respect to waters described in
subsection (d)) or the State (in the case of waters described
in subsection (c)(1)) shall monitor any water classified as
high- or medium-risk under paragraph (1).
``(3) Closings and public advisories.--If a water sample is
collected that does not meet applicable water quality
standards, the Administrator or State shall close, or issue a
public advisory relating to, any affected beach--
``(A) as soon as practicable; but
``(B) not later than 48 hours after the sample is
collected.
``(4) Reopening and removing public advisories.--Before
reopening, or removing a public advisory relating to, a beach
described in paragraph (3), the Administrator or State shall
collect at least 1 sample that meets applicable water quality
standards.
``(f) Testing and Notification After Significant Rain Events.--
``(1) In general.--Each Federal, State, and local program
for monitoring and notification shall--
``(A) establish a definition of the term
`significant rain event' relating to each beach within
the jurisdiction of the program; and
``(B) require the conduct of, at the option of the
program--
``(i) the testing and notification
described in paragraph (2); or
``(ii) the preemptive action and testing
described in paragraph (3).
``(2) Testing and notification.--
``(A) Testing.--Not later than 8 hours after the
onset of a significant rain event, the Administrator
(with respect to waters described in subsection (d)) or
the State (in the case of waters described in
subsection (c)(1)) shall test waters described in
subsections (c)(1) and (d) to determine whether the
waters meet applicable water quality standards.
``(B) Public advisories and closings.--As soon as
practicable, but not later than 48 hours after the
onset of a significant rain event, if the Administrator
or a State determines under subparagraph (A) that the
waters fail to meet applicable water quality standards,
the Administrator or State shall--
``(i) issue to the media and post on all
affected beaches an advisory that the waters
failed to meet applicable water safety
standards; or
``(ii) close any affected beach.
``(C) Removal of advisories and reopenings.--The
Administrator or State may remove an advisory under
subparagraph (B)(i), or reopen a beach closed under
subparagraph (B)(ii)--
``(i) as soon as practicable after the
Administrator or State collects at least 1
water sample that meets applicable water
quality standards; or
``(ii) 72 hours after the end of the
significant rain event, as determined by the
Administrator or State.
``(3) Preemptive action and testing.--
``(A) In general.--If a Federal, State, or local
program for monitoring and notification described in
paragraph (1) elects not to require the conduct of the
testing and public advisories described in paragraph
(2), the program shall require the issuance of
preemptive beach closures or advisories for each
significant rain event described in paragraph (2)(A)
that, as determined in accordance with the model
described in subparagraph (B), is large enough to pose
a significant risk of violation of 1 or more
recreational water quality standards established under
section 304(a)(9).
``(B) Models.--
``(i) In general.--Not later than 1 year
after the date of enactment of this
subparagraph, and annually thereafter, each
Federal, State, and local program for
monitoring and notification described in
subparagraph (A) shall develop a predictive
rainfall model in accordance with the
publication entitled `Review of Potential
Modeling Tools and Approaches to Support the
BEACH Program' (Office of Science and
Technology 823-R-99-002).
``(ii) Requirements.--A model under this
subparagraph shall--
``(I) be based on an evaluation of
the beach closure and advisory records
and causes for the preceding calendar
year; and
``(II) be calibrated and
statistically validated.''.

SEC. 906. AGRICULTURAL BEST MANAGEMENT PRACTICES.

Section 303 of the Federal Water Pollution Control Act (33 U.S.C.
1313) is amended by adding at the end the following:
``(j) Agricultural Best Management Practices.--
``(1) In general.--Not later than 18 months after the date
of enactment of this subsection, the National Research Council
of the National Academy of Sciences (referred to in this
subsection as the `Council') shall submit Congress and the
Administrator a report that--
``(A) analyzes the effectiveness of best management
practices in use by agricultural producers that use
fertilizer or animal wastes in agricultural operations,
taking into account regional differences, including
soil composition and weather conditions;
``(B) identifies the best management practices that
are most effective in reducing nutrient pollution of
marine and estuarine water and freshwater, including
those practices that have the potential to provide
financial benefits to agricultural producers;
``(C) evaluates available information sources and
technologies used by agricultural producers to estimate
nutrient levels needed for successful production of
agricultural commodities (as defined in section 102 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5602)),
including information and technologies used to estimate
nutrient inputs from soil, water, air, and plant
tissue;
``(D) identifies any outstanding needs; and
``(E) recommends best practices for developing a
mass-based, balanced accounting approach to nutrient
management.
``(2) Nutrient management plans.--
``(A) In general.--Not later than 2 years after the
date of submission of the report under paragraph (1),
the Administrator shall by regulation require
agricultural producers the operations of which cause
nutrients to run off or be discharged into waters
identified under section 303(d)(1)(A) as failing to
meet an applicable water quality standard for nutrients
(including bodies of water that flow into those
waters), as determined by the Administrator, to develop
or update and implement a nutrient management plan.
``(B) Requirements.--A nutrient management plan
under subparagraph (A) shall, at a minimum--
``(i) include a mass-based, balanced
accounting of all available nutrient sources
(including soil, water, plant tissue,
atmospheric deposition, and nutrient
applications);
``(ii) ensure that the aggregate mass of
all nutrients applied by the agricultural
producer does not exceed actual nutrient needs
of agricultural commodities (as defined in
paragraph (1)(C)) produced; and
``(iii) to the maximum extent practicable,
as determined by the Administrator, use actual
measurements rather than estimates.''.

SEC. 907. GRANTS TO STATES FOR ESTABLISHMENT OF REVOLVING FUNDS.

(a) In General.--Section 601(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1381(a)) is amended--
(1) by striking ``and (3)'' and inserting ``(3)''; and
(2) by inserting before the period at the end the
following: ``, and (4) implementation of measures to reduce
urban stormwater pollution.''.
(b) Projects Available for Assistance.--Section 603(c) of the
Federal Water Pollution Control Act (33 U.S.C. 1383(c)) is amended--
(1) by striking ``and (3)'' and inserting ``(3)''; and
(2) by striking ``of this Act.'' and inserting ``of this
Act, (4) to any municipality or intermunicipal, interstate, or
State agency for implementation of measures to reduce urban
stormwater pollution, and (5) to any municipality or
intermunicipal, interstate, or State agency for capital or
technology costs associated with implementation of requirements
to monitor, report, and notify the public of sanitary sewer
overflows under section 402.''.
(c) Authorization of Appropriations.--Section 607 of the Federal
Water Pollution Control Act (33 U.S.C. 1387) is amended to read as
follows:

``SEC. 607. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to carry out this title
$9,200,000,000 for each of fiscal years 2006 through 2010.''.

SEC. 908. AUTHORIZATION OF APPROPRIATIONS FOR SAFE DRINKING WATER STATE
REVOLVING FUND.

Section 1452(m) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(m)) is amended by striking the first sentence and inserting ``There
is authorized to be appropriated to carry out this section
$2,000,000,000 for each of fiscal years 2006 through 2010.''.

SEC. 909. NO PREEMPTION OF STATE OR LOCAL AUTHORITY.

Nothing in this title or any amendment made by this title preempts
or otherwise affects the authority of a State or local government to
establish or enforce any standard that is more stringent than a
standard established under this title or an amendment made by this
title.

TITLE X--MISCELLANEOUS PROVISIONS

SEC. 1001. CITIZEN SUITS.

(a) Suits Authorized.--Any person may commence a civil suit on the
person's own behalf--
(1) to enjoin any person, including the United States or
any other governmental instrumentality or agency (to the extent
permitted by the 11th amendment to the Constitution), that is
alleged to be in violation of this Act; or
(2) against the Administrator for a failure of the
Administrator to perform any act or duty under this Act that is
not discretionary.
(b) Jurisdiction.--The district courts of the United States shall
have jurisdiction, without regard to the amount in controversy or the
citizenship of the parties, to enforce this Act or any such regulation
or to order the Administrator to perform such Act or duty, as the case
may be.
(c) Venue.--Any suit under this section shall be brought in the
Federal judicial district in which occurs the violation or failure, as
applicable.
(d) Intervention by United States.--In any suit under this section
in which the United States is not a party, the Attorney General, at the
request of the Administrator, may intervene on behalf of the United
States as a matter of right.
(e) Award of Costs.--The court, in issuing any final order in any
suit brought under this section, may award costs of litigation
(including reasonable attorney and expert witness fees) to any party,
whenever the court determines such award is appropriate.
(f) Preservation of Other Rights.--This section shall not restrict
any right that any person or class of persons may have under any
statute or common law to seek enforcement of any standard or limitation
or to seek any other relief, including relief against the Administrator
or a State agency.

SEC. 1002. SAVINGS PROVISIONS.

Except as specifially provided, nothing in this Act may be
construed to modify, limit, amend, or repeal any provision of any other
law or to limit the authority of a local or State government or the
Federal Government to establish more stringent standards, requirements,
or restrictions within their respective jurisdictions, in order to
provide greater protection of ocean and coastal waters or resources,
than the protection provided under this Act.
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