Northwest Straits Marine Conservation Initiative Reauthorization and Expansion Act of 2008

        [Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6746 Introduced in House (IH)]

110th CONGRESS
2d Session
H. R. 6746

To reauthorize and expand the Northwest Straits Marine Conservation
Initiative Act to promote the protection of the resources of the
Northwest Straits, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

July 31, 2008

Mr. Larsen of Washington (for himself, Mr. Dicks, and Mr. Inslee)
introduced the following bill; which was referred to the Committee on
Natural Resources

_______________________________________________________________________

A BILL

To reauthorize and expand the Northwest Straits Marine Conservation
Initiative Act to promote the protection of the resources of the
Northwest Straits, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Northwest Straits Marine
Conservation Initiative Reauthorization and Expansion Act of 2008''.

SEC. 2. EXPANSION OF NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE
ACT.

The Northwest Straits Marine Conservation Initiative Act (title IV
of Public Law 105-384; 112 Stat. 3458) is amended--
(1) in section 402, by striking ``(in this title referred
to as the `Commission')''; and
(2) by striking sections 403, 404, and 405 and inserting
the following:

``SEC. 403. FINDINGS.

``Congress makes the following findings:
``(1) The marine waters and ecosystem of the Northwest
Straits in Puget Sound in the State of Washington represent a
unique resource of enormous environmental and economic value to
the people of the United States.
``(2) During the 20th century, the environmental health of
the Northwest Straits declined dramatically as indicated by
impaired water quality, declines in marine wildlife, collapse
of harvestable marine species, loss of critical marine
habitats, ocean acidification, and sea level rise.
``(3) At the start of the 21st century, the Northwest
Straits have been threatened by sea level rise, ocean
acidification, and other effects of climate change.
``(4) In 1998, the Northwest Straits Marine Conservation
Initiative Act (title IV of Public Law 105-384) was enacted to
tap the unprecedented level of citizen stewardship demonstrated
in the Northwest Straits and create a mechanism to mobilize
public support and raise capacity for local efforts to protect
and restore the ecosystem of the Northwest Straits.

``SEC. 404. DEFINITIONS.

``In this title:
``(1) Commission.--The term `Commission' means the
Northwest Straits Advisory Commission established by section
402.
``(2) Indian tribe.--The term `Indian tribe' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(3) Northwest straits.--The term `Northwest Straits'
means the marine waters of the Strait of Juan de Fuca and of
Puget Sound from the Canadian border to the south end of
Snohomish County.

``SEC. 405. MEMBERSHIP OF THE COMMISSION.

``(a) Composition.--The Commission shall be composed of up to 14
members who shall be appointed as follows:
``(1) One member appointed by a consensus of the members of
a marine resources committee established under section 408 for
each of the following counties of the State of Washington:
``(A) San Juan County.
``(B) Island County.
``(C) Skagit County.
``(D) Whatcom County.
``(E) Snohomish County.
``(F) Clallam County.
``(G) Jefferson County.
``(2) Two members appointed by the Secretary of the
Interior in trust capacity and in consultation with the
Northwest Indian Fisheries Commission or the Indian tribes
affected by this title collectively, as the Secretary of the
Interior considers appropriate, to represent the interests of
such tribes.
``(3) One member appointed by the Governor of the State of
Washington to represent the interests of the Puget Sound
Partnership.
``(4) Four members appointed by the Governor of the State
of Washington who--
``(A) are residents of the State of Washington; and
``(B) are not employed by a Federal, State, or
local government.
``(b) Vacancies.--A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
``(c) Chairperson.--The Commission shall select a Chairperson from
among its members.
``(d) Meeting.--The Commission shall meet at the call of the
Chairperson, but not less frequently than quarterly.

``SEC. 406. GOAL AND DUTIES OF THE COMMISSION.

``(a) Goal.--The goal of the Commission is to protect and restore
the marine waters, habitats, and species of the Northwest Straits
region to achieve ecosystem health and sustainable resource use by--
``(1) designing and initiating projects that are driven by
sound science, local priorities, community-based decisions, and
the ability to measure results;
``(2) building awareness and stewardship and making
recommendations to improve the health of the Northwest Straits
marine resources;
``(3) maintaining and expanding diverse membership and
partner organizations;
``(4) expanding partnerships with governments of Indian
tribes and continuing to foster respect for tribal cultures and
treaties; and
``(5) recognizing the importance of economic and social
benefits that are dependent on marine environments and
sustainable marine resources.
``(b) Duties.--The duties of the Commission are the following:
``(1) To provide resources and technical support for marine
resources committees established under section 408.
``(2) To work with such marine resources committees and
appropriate entities of Federal and State governments and
Indian tribes to develop programs to monitor the overall health
of the marine ecosystem of the Northwest Straits.
``(3) To identify factors adversely affecting or preventing
the restoration of the health of the marine ecosystem and
coastal economies of the Northwest Straits.
``(4) To develop scientifically sound restoration and
protection recommendations, informed by local priorities, that
address such factors.
``(5) To assist in facilitating the successful
implementation of such recommendations by developing broad
support among appropriate authorities, stakeholder groups, and
local communities.
``(6) To develop and implement regional projects based on
such recommendations to protect and restore the Northwest
Straits ecosystem.
``(7) To serve as a public forum for the discussion of
policies made by a Federal, State, or local government, an
Indian tribe, or the Government of Canada and actions with
respect to the marine ecosystem of the Northwest Straits.
``(8) To inform appropriate authorities and local
communities about the marine ecosystem of the Northwest Straits
and about issues relating to the marine ecosystem of the
Northwest Straits.
``(9) To consult with all affected Indian tribes in the
region of the Northwest Straits to ensure that the work of the
Commission does not violate tribal treaty rights.
``(c) Benchmarks.--The Commission shall carry out its duties in a
manner that promotes the achieving of the benchmarks described in
subsection (f)(2).
``(d) Coordination and Collaboration.--The Commission shall carry
out the duties described in subsection (b) in coordination and
collaboration, when appropriate, with Federal, State, and local
governments and Indian tribes.
``(e) Regulatory Authority.--The Commission shall have no power to
issue regulations.
``(f) Annual Report.--
``(1) In general.--Each year, the Commission shall prepare,
submit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Under
Secretary for Oceans and Atmosphere, and make available to the
public an annual report describing--
``(A) the activities carried out by the Commission
during the preceding year; and
``(B) the progress of the Commission in achieving
the benchmarks described in paragraph (2).
``(2) Benchmarks.--The benchmarks described in this
paragraph are the following:
``(A) Protection and restoration of marine,
coastal, and nearshore habitats.
``(B) Prevention of loss and achievement of a net
gain of healthy habitat areas.
``(C) Protection and restoration of marine
populations to healthy, sustainable levels.
``(D) Protection of the marine water quality of the
Northwest Straits region and restoration of the health
of marine waters.
``(E) Collection of high-quality data and promotion
of the use and dissemination of such data.
``(F) Promotion of stewardship and understanding of
Northwest Straits marine resources through education
and outreach.

``SEC. 407. COMMISSION PERSONNEL AND ADMINISTRATIVE MATTERS.

``(a) Director.--The Manager of the Shorelands and Environmental
Assistance Program of the Department of Ecology of the State of
Washington may, upon the recommendation of the Commission and the
Director of the Padilla Bay National Estuarine Research Reserve,
appoint and terminate a Director of the Commission. The employment of
the Director shall be subject to confirmation by the Commission.
``(b) Staff.--The Director may hire such other personnel as may be
appropriate to enable the Commission to perform its duties. Such
personnel shall be hired through the personnel system of the Department
of Ecology of the State of Washington.
``(c) Administrative Service.--If the Governor of the State of
Washington makes available to the Commission the administrative
services of the State of Washington Department of Ecology and Padilla
Bay National Estuarine Research Reserve, the Commission shall use such
services for employment, procurement, grant and fiscal management, and
support services necessary to carry out the duties of the Commission.

``SEC. 408. MARINE RESOURCES COMMITTEES.

``(a) In General.--The government of each of the counties referred
to in subparagraph (A) through (G) of section 405(a)(1) may establish a
marine resources committee that--
``(1) complies with the requirements of this section; and
``(2) receives from such government the mission, direction,
expert assistance, and financial resources necessary--
``(A) to address issues affecting the marine
ecosystems within its county; and
``(B) to work to achieve the benchmarks described
in section 406(f)(2).
``(b) Membership.--
``(1) In general.--Each marine resources committee
established pursuant to this section shall be composed of--
``(A) members with relevant scientific expertise;
and
``(B) members that represent balanced
representation, including representation of--
``(i) local governments, including planning
staff from counties and cities with marine
shorelines;
``(ii) affected economic interests, such as
ports and commercial fishers;
``(iii) affected recreational interests,
such as sport fishers; and
``(iv) conservation and environmental
interests.
``(2) Tribal members.--With respect to a county referred to
in subparagraph (A) through (G) of section 405(a)(1), each
Indian tribe with usual and accustomed fishing rights in the
waters of such county and each Indian tribe with reservation
lands in such county, may appoint one member to the marine
resources committee for such county. Such member may be
appointed by the respective tribal authority.
``(3) Chairperson.--
``(A) In general.--Each marine resources committee
established pursuant to this section shall select a
chairperson from among members by a majority vote of
the members of the committee.
``(B) Rotating position.--Each marine resources
committee established pursuant to this section shall
select a new chairperson at a frequency determined by
the county charter of the marine resources committee to
create a diversity of representation in the leadership
of the marine resources committee.
``(c) Duties.--The duties of a marine resources committee
established pursuant to this section are the following:
``(1) To assist in assessing marine resource problems in
concert with governmental agencies, tribes, and other entities.
``(2) To assist in identifying local implications, needs,
and strategies associated with the recovery of Puget Sound
salmon and other species in the region of the Northwest Straits
listed under the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) in coordination with Federal, State, and local
governments, Indian tribes, and other entities.
``(3) To work with other entities to enhance the scientific
baseline and monitoring program for the marine environment of
the Northwest Straits.
``(4) To identify local priorities for marine resource
conservation and develop new projects to address those needs.
``(5) To work closely with county leadership to implement
local marine conservation and restoration initiatives.
``(6) To coordinate with the Commission on marine ecosystem
objectives.
``(7) To educate the public and key constituencies
regarding the relationship between healthy marine habitats,
harvestable resources, and human activities.

``SEC. 409. NORTHWEST STRAITS MARINE CONSERVATION FOUNDATION.

``(a) Establishment.--The Director of the Commission and the
Director of the Padilla Bay National Estuarine Research Reserve may
enter into an agreement with an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 to establish a nonprofit
foundation to support the Commission and the marine resources
committees established under section 408 in carrying out their duties
under this Act.
``(b) Designation.--The foundation authorized by subsection (a)
shall be known as the `Northwest Straits Marine Conservation
Foundation'.
``(c) Receipt of Grants.--The Northwest Straits Marine Conservation
Foundation may, if eligible, apply for, accept, and use grants awarded
by Federal agencies, States, local governments, regional agencies,
interstate agencies, corporations, foundations, or other persons to
assist the Commission and the marine resources committees in carrying
out their duties under this Act.
``(d) Transfer of Funds.--The Northwest Straits Marine Conservation
Foundation may transfer funds to the Commission or the marine resources
committees to assist them in carrying out their duties under this Act.

``SEC. 410. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to the Under Secretary
for Oceans and Atmosphere to support the Commission in carrying out its
duties and administrative functions under this title--
``(1) $2,250,000 for each of the fiscal years 2009 through
2011; and
``(2) $2,500,000 for each of fiscal years 2012 and 2013.''.
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