I
111th CONGRESS
1st Session
H. R. 21
IN THE HOUSE OF REPRESENTATIVES
January 6, 2009
Mr. Farr introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To establish a national policy for our oceans, to strengthen the National Oceanic and Atmospheric Administration, to establish a national and regional ocean governance structure, and for other purposes.
Short title
This Act may be cited as the
Ocean Conservation, Education, and
National Strategy for the 21st Century Act
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Purpose.
Sec. 4. Definitions.
Title I—National ocean governance
Sec. 101. National Ocean Policy and principles.
Sec. 102. National Ocean Advisor.
Sec. 103. Committee on Ocean Policy.
Sec. 104. Coordination plan.
Sec. 105. Council of Advisors on Ocean Policy.
Title II—National Oceanic and Atmospheric Administration Organic Act
Sec. 201. National Oceanic and Atmospheric Administration.
Sec. 202. Functions.
Sec. 203. Administration leadership.
Sec. 204. National Weather Service.
Sec. 205. Science Advisory Board.
Sec. 206. Restructuring plan.
Sec. 207. Reprogramming requests.
Sec. 208. Savings provisions.
Sec. 209. Report.
Sec. 210. Function defined.
Title III—Regional Coordination and Planning
Sec. 301. Regional ocean coordination.
Sec. 302. Regional Ocean Partnerships.
Sec. 303. Regional Ocean Strategic Plans.
Sec. 304. Regulations.
Sec. 305. Other authority.
Title IV—Authorization of appropriations and establishment of trust fund
Sec. 401. Establishment of fund.
Sec. 402. Payments to States.
Sec. 403. Eligibility for funding.
Sec. 404. Funding procedures.
Sec. 405. Equitable allocation.
Sec. 406. Authorization of appropriations.
Sec. 407. Healthy Ocean Stamp.
Sec. 408. Limitation on use of available amounts for administration.
Sec. 409. Recordkeeping requirements.
Sec. 410. Maintenance of effort and matching funding.
Purpose
The purpose of this Act is to secure, for present and future generations of people of the United States, the full range of ecological, economic, educational, social, cultural, nutritional, and recreational benefits of healthy marine ecosystems, by—
establishing and implementing a National Ocean Policy;
promoting ecologically sustainable ocean resource use and management by strengthening and empowering ocean governance on regional and Federal levels;
promoting ecosystem-based approaches to management of United States ocean waters, coastal waters, and ocean resources; and
establishing an ocean and Great Lakes conservation trust fund to support the purposes and policies of this Act.
Definitions
In this Act:
Administration
The term Administrationmeans the National Oceanic and Atmospheric Administration provided for in section 201.
Administrator
The term Administrator means the Administrator of the National Oceanic and Atmospheric Administration.
Advisor
The term Advisormeans the National Ocean Advisor appointed under section 102.
Coastal political subdivision
The term coastal political subdivision means a political subdivision of a coastal State all or part of which political subdivision is within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)).
Coastal population density
The term coastal population density means the population as determined by the most recent census data in the State’s coastal zone as determined pursuant to the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).
Coastal state
The term coastal State—
subject to subparagraph (B), means a State of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes; and
includes Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.
Coastal waters
The term coastal waters means the waters within the coastal zone as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453), which includes such waters as bays and estuaries.
Ecosystem-based management
The term ecosystem-based management means an integrated approach to management that—
considers the entire ecosystem, including humans, and accounts for interactions among the ecosystem, the range of activities affecting the ecosystem, and the management of such activities;
aims to maintain ecosystems in a healthy, productive, sustainable, and resilient condition so that they can provide the services humans want and need;
emphasizes the protection of ecosystem structure, function, patterns, and important processes;
considers the impacts, including cumulative impacts, of the range of activities affecting an ecosystem that fall within geographical boundaries of the ecosystem;
explicitly accounts for the interconnectedness within an ecosystem, such as food webs, and acknowledges the interconnectedness among systems, such as between air, land, and sea; and
integrates ecological, social, economic, and institutional perspectives, recognizing their strong interdependences.
Federal agency
The term Federal agency means any department, agency, or instrumentality of the United States.
Important ecological area
The term important ecological area means an area that contributes significantly to local or larger marine ecosystem health or is an especially unique or sensitive marine ecosystem.
Marine ecosystem health
The term marine ecosystem healthmeans the ability of an ecosystem in ocean waters or coastal waters to support and maintain patterns, important processes, and productive, sustainable, and resilient communities of organisms, having a species composition, diversity, and functional organization resulting from the natural habitat of the region, such that it is capable of supporting a variety of activities and provides a complete range of ecological benefits including—
a complete diversity of native species and habitats wherein each native species is able to maintain an abundance, population structure, and distribution supporting its ecological and evolutionary functions, patterns, and processes; and
a physical, chemical, geological, and microbial environment that is supportive of the requirements of this paragraph.
National ocean policy
The term National Ocean Policymeans the policy set forth in section 101(a).
Ocean region
The term ocean region means such a region designated under section 301(c).
Ocean resources
The term ocean resourcesmeans any living, nonliving, or cultural amenities in ocean waters or coastal waters.
Ocean waters
The term ocean watersmeans the zone extending from the baseline from which the breadth of the United States territorial sea is measured to the extent of the Exclusive Economic Zone as specified in Presidential Proclamation Number 5030, dated March 10, 1983, including the territorial waters of the Great Lakes and the waters of the continental shelf to which the United States is granted sovereign rights under international law.
National ocean governance
National Ocean Policy and principles
National ocean policy
In general
It is the policy of the United States to protect, maintain, and restore marine ecosystem health in order to fulfill the ecological, economic, educational, social, cultural, nutritional, recreational, and other requirements of current and future generations of Americans.
Principles
The National Ocean Policy shall be implemented in accordance with the following principles:
Policies, programs, and activities should minimize negative environmental impacts to ocean waters, coastal waters, and ocean resources and be conducted so that by themselves or cumulatively they do not undermine efforts to protect, maintain, and restore marine ecosystem health.
Ocean waters, coastal waters, and ocean resources should be managed to meet the needs of the present generation without compromising the ability of future generations to meet their needs.
Ocean waters, coastal waters, and ocean resources should be managed using ecosystem-based management.
The lack of scientific certainty should not be used as justification for postponing action to prevent negative environmental impacts. In cases in which significant threats to marine ecosystem health exist, the best of the available science should be used to manage ocean waters, coastal waters, and ocean resources in a manner that gives the greatest weight to the protection, maintenance, and restoration of marine ecosystem health.
Policies, programs, and activities recognize the interconnectedness of the land, atmosphere including climate, and oceans including ocean waters, coastal waters, and ocean resources, and should recognize that actions affecting one of these, such as the climate, are likely to affect another, such as ocean resources.
Potential uses of ocean waters, coastal waters, and ocean resources should be managed in a way that balances competing uses and does not undermine efforts to protect, maintain, and restore marine ecosystem health.
Implementation
Requirement
To the fullest extent possible and to the extent not inconsistent with other laws, each Federal agency shall interpret and administer policies, regulations and laws in accordance with the National Ocean Policy.
Guidance
In general
Not later than 1 year after the date of the enactment of this Act, the National Ocean Advisor shall develop and issue guidance, consistent with the National Ocean Policy, for the development of Federal agency regulations to implement the National Ocean Policy.
Public participation
The National Ocean Advisor shall provide adequate opportunity for public comment and review during the development of the guidance under subparagraph (A).
Agency actions
Regulations
In general
Within 2 years after the issuance of the guidance under subsection (b)(2), each Federal agency shall issue new or revised regulations as necessary to ensure consistency with the National Ocean Policy for actions undertaken, authorized, or funded by the agency that may significantly affect ocean waters, coastal waters, or ocean resources.
Public comment
The head of each Federal agency shall—
publish proposed regulations under this subsection in the Federal Register; and
provide a period for public comment of not less than 60 days before final regulations are published under this subsection.
Review
Within 1 year after the issuance of the guidance under subsection (b)(2), each Federal agency, shall—
conduct a review of the existing policies, regulations, and laws that apply to the agency and identify any inconsistencies that preclude the agency from fully implementing the National Ocean Policy; and
submit to the Committee on Ocean Policy, the Committee on Natural Resources of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on such review that includes proposals as may be necessary to eliminate such inconsistencies.
National Ocean Advisor
Establishment
In general
There is established in the Executive Office of the President a National Ocean Advisor, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall not be an employee of any Federal agency represented on the Committee on Ocean Policy.
Compensation
The Advisor shall be paid at a rate specified by the President not to exceed the rate payable for level V of the Executive Schedule under section 5136 of title 5, United States Code.
Qualifications
The individual appointed as the Advisor must be a person who, as a result of his or her training, experience, and attainments, is well qualified—
to analyze and interpret marine ecosystem trends and all relevant information related to such trends;
to appraise programs and activities of the Federal Government in light of the National Ocean Policy; and
to formulate and recommend actions and decisions to promote marine ecosystem health.
Functions
The Advisor shall—
advise the President on implementation of this Act, activities of the Committee on Ocean Policy, and other matters relating to ocean waters, coastal waters, ocean resources, and maintaining marine ecosystem health;
serve as the chair of the Committee on Ocean Policy established by section 103;
lead efforts to coordinate Federal agency actions to implement the National Ocean Policy;
establish a process, in consultation with the Committee on Ocean Policy, for resolving interagency disputes and advise Federal agencies as requested regarding the implementation of the National Ocean Policy; and
develop, issue, and revise as needed, the guidance required under section 101(b)(2).
Staffing
Staff
The Advisor may employ such staff as may be necessary to carry out his or her functions under this Act.
Uncompensated services
The Advisor may accept, utilize, and terminate voluntary and uncompensated services in furtherance of his or her functions.
Committee on Ocean Policy
Establishment
There is established in the Executive Office of the President a Committee on Ocean Policy, which succeeds the Committee on Ocean Policy established on December 17, 2004, by Executive Order 13366 and shall continue the activities of that committee as it was in existence on the day before the date of enactment of this Act unless otherwise stated by this Act.
Functions
The Committee shall—
within 2 years after the date of enactment of this Act, review and appraise the various laws, programs, and activities of the Federal Government for consistency with the National Ocean Policy, determine whether existing Federal agencies’ authorities are adequate to implement the National Ocean Policy, and prepare recommendations regarding any resources or new authorities that are needed for that implementation;
review and prepare recommendations regarding agency ocean budgets and their sufficiency to achieve the National Ocean Policy;
obtain and provide information to facilitate and advance the efforts of Regional Ocean Partnerships in accordance with title III; and
facilitate coordination and integration of Federal activities in ocean waters and coastal waters and develop, and update as needed, a coordination plan in accordance with section 104.
Chair
The National Ocean Advisor shall be the Chair of the Committee, and shall, in that capacity, be responsible for—
regularly convening and presiding at meetings of the Committee;
directing the work of the Committee; and
establishing and directing subcommittees of the Committee, as appropriate.
Membership
In general
The Committee shall have the following voting members:
The Secretary of Commerce.
The Secretary of State.
The Secretary of the Interior.
The Secretary of Defense.
The Secretary of Agriculture.
The Secretary of Transportation.
The Secretary of Homeland Security.
The Secretary of Energy.
The Administrator of the Environmental Protection Agency.
The Director of the Office of Management and Budget.
The Director of the National Science Foundation.
Six State Governors appointed by the National Governors Association, who shall represent State and local interests.
The Administrator of the National Aeronautics and Space Administration.
The Chair of the Council on Environmental Quality.
Delegation
A member of the Committee may delegate the authority to perform the Committee or subcommittee functions of the member, to any individual who is employed by such member’s department, agency, or office and who is—
an officer of the United States appointed by the President;
a member of the Senior Executive Service; or
an officer or employee within the Executive Office of the President.
State governor members
Requirement
The members appointed under paragraph (1)(L) shall be chosen to provide broad geographical representation. Of those members, at least 4 shall be Governors of coastal States.
Limitation on appointment
A Governor of a State may not be appointed under paragraph (1)(L) to serve on the Committee in the 4-year period following the prior service on the Committee by a Governor of that State.
Term; reappointment
A member appointed under paragraph (1)(L)—
shall be appointed for a term of 4 years; and
shall be eligible for reappointment consistent with subparagraph (B).
Replacement
Any member who cannot serve the full length of the member’s term may be replaced by another individual who can serve the remainder of that term.
Subcommittees
The Chair of the Committee, in consultation with the Administrator, may create such subcommittees of the Committee as necessary to help carry out the functions of the Committee.
Coordination
The Chair of the Council on Environmental Quality and the National Ocean Advisor shall ensure appropriate coordination of the activities of the Committee and other policy coordination structures relating to ocean or maritime issues.
Staff
In general
The Chair may employ such employees as may be necessary to carry out the functions of the Committee under this Act.
Voluntary and uncompensated services
The Chair may accept, utilize, and terminate voluntary and uncompensated services in furtherance of the functions of the Committee.
Information
In carrying out its functions under this Act, the Committee may secure directly from any Federal agency or department any information it considers to be necessary to carry out its functions under this Act. Each such agency or department shall cooperate with the Committee and, to the extent permitted by law, shall furnish such information (other than information described in section 552(b)(1)(A) of title 5, United States Code) to the Committee, upon request of the Committee.
Federal advisory committee act
In general
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee on Ocean Policy, or any of its subcommittees formed in accordance with subsection (e).
Compliance
Notwithstanding paragraph (1), the Committee and its subcommittees shall be appointed and operate in a manner consistent with all provisions of the Federal Advisory Committee Act with respect to—
the balance of its membership;
provision of public notice regarding its activities;
open meetings; and
public access to documents created by the Committee.
Coordination plan
Coordination plan
The Committee on Ocean Policy shall submit to the Congress by not later than 2 years after the date of the enactment of this Act, a plan for coordinating Federal activities in ocean waters and coastal waters that—
is consistent with the National Ocean Policy;
designates a lead Federal agency for each existing activity and new activity in Federal waters and identifies a process for coordination of such activities among agencies;
identifies the process by which Federal agencies will coordinate with and participate in the Regional Ocean Partnerships established under title III and establishes Federal regional ocean partnership teams to participate in that process;
considers possible consolidation of oceanic or atmospheric programs, functions, services, or resources within or among Federal agencies, if their consolidation would not undermine the National Ocean Policy;
includes recommendations prepared under section 103(b)(1) for any resources or new authorities that Federal agencies may need to implement the National Ocean Policy;
includes recommendations prepared under section 103(b)(2) regarding agency ocean budgets and their sufficiency to achieve the National Ocean Policy; and
includes a report on the condition of ocean waters, coastal waters, and ocean resources and the progress toward meeting the goals of the National Ocean Policy.
Review and update
The Committee on Ocean Policy shall review and update the coordination plan as needed, but at least every 6 years.
Council of Advisors on Ocean Policy
Establishment
There is established the Council of Advisors on Ocean Policy, which shall advise the President on policies to protect, maintain, and restore marine ecosystem health on a regional and national basis.
Chair
The President shall designate a non-Federal member of the Council to serve as Chair of the Council. The term of the Chair shall be 4 years. The Chair shall be responsible for—
convening meetings at least two times a year; and
directing the work of the Council.
Membership
The Council shall have at least 20 members appointed by the President, in consultation with the National Ocean Advisor (who shall serve as an ex officio member of the Council). Such members of the Council shall—
be appointed based on their knowledge and experience in coastal, ocean, and atmospheric science, policy, and other related areas; and
include at least 1 representative from—
local governments;
Indian tribes;
the marine science research community;
the marine science education community;
the commercial fishing sector;
the commercial seafood sector;
the recreational fishing sector;
the energy development, the shipping and transportation, and the marine tourism industries;
agriculture, which may include timber;
watershed organizations (other than organizations represented under subparagraph (J)), which may include resource conservation districts; and
nongovernmental organizations (other than organizations represented under subparagraph (I)), including groups interested in marine conservation.
Terms of membership
In general
The term of a member of the Council shall be 4 years.
Initial appointees
Of the members initially appointed to the Council—
at least one-half shall be appointed to a 4-year term that ends in a Federal election year in which there occurs an election of the President; and
at least one-half shall be appointed to a 4-year term that ends in a Federal election year in which there does not occur an election of the President.
Vacancies
Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term.
Limitation
An individual may not serve more than 2 terms as a member of the Council.
Compensation and expenses
A member of the Council shall not receive compensation for service on the Council, but upon request by the member may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.
Federal Advisory Committee Act
In general
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council.
Compliance
Notwithstanding paragraph (1), the Council shall be appointed and operate in a manner consistent with all provisions of the Federal Advisory Committee Act with respect to—
the balance of its membership;
provision of public notice regarding its activities;
open meetings; and
public access to documents created by the Council.
National Oceanic and Atmospheric Administration Organic Act
National Oceanic and Atmospheric Administration
In general
The National Oceanic and Atmospheric Administration, as in effect immediately before the enactment of this Act, shall be an administration in the Department of Commerce. Except as otherwise provided in this Act (including the amendments and repeals made by this Act)—
the Administration shall have the administrative structure, officers, functions, and authorities it had immediately before the enactment of this Act, including under Reorganization Plan No. 4 of 1970 (5 U.S.C. App.); and
the Administrator shall have the authority, subject to the availability of appropriations—
to create, support, and maintain joint centers, and to enter into and perform contracts, leases, grants, or cooperative agreements on terms the Administrator considers appropriate;
to disseminate information and conduct education and outreach in direct support of the purposes of this Act; and
to accept interagency financing of boards or similar groups to carry out interagency activities for which the Administration serves as a lead agency.
Mission
The Administration shall be the civilian agency of the Federal Government principally responsible for—
providing to the Nation oceanic, weather, atmospheric, and climate services and research;
monitoring changes in the earth’s environment; and
conducting and supporting research, conservation, management, education and outreach regarding ocean and coastal resources, weather, and climate.
Functions
In general
The Administrator shall perform the following functions to carry out the mission set forth in section 201(b) in a coordinated, integrated, and ecosystem-based manner for the benefit of the Nation:
Management, conservation, protection, and restoration of ocean and coastal resources, including living marine resources, habitats, maritime heritage resources, and ocean ecosystems.
Observation, monitoring, assessment, forecasting, prediction, operations, and exploration for ocean, coastal, and atmospheric environments including weather, space weather, climate, navigation, and marine resources.
Research, education and outreach, development of hydrographic products and services, technical assistance, technology development, and innovation activities relating to ocean and atmospheric environments including basic and applied scientific research and activities that support other agency functions and missions.
State and federal coordination
The Administrator shall ensure that Administration programs and activities collaborate with State and Federal programs to encourage cooperation, coordination, and integration of State and Federal coastal, oceanic, and atmospheric programs, including the planning and implementation of regional and ecosystem-based activities.
International coordination
Cooperation by administrator
The Administrator shall cooperate to the fullest extent practicable 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.
Consultation with administrator
The Secretary of State and any other officer of the United States with responsibility for agreements, treaties, or understandings with foreign nations and international organizations shall consult with the Administrator whenever the subject matter or activity involved relates to a function of the Administrator.
Authority of Secretary of Commerce not affected
This subsection does not affect the authority of the Secretary of Commerce with respect to international fishing agreements.
Partnerships
The Administrator may promote, support, and enter into agreements with academia, industry, conservation groups, educators, and other interested persons to improve the effectiveness of Administration programs and activities and enhance public awareness and understanding of Administration science, service, and stewardship missions.
Administration leadership
Under Secretary of Commerce for Oceans and Atmosphere and Administrator
In general
There shall be, as the Administrator and head of the Administration, an Under Secretary of Commerce for Oceans and Atmosphere. The Administrator shall be appointed by the President, by and with the advice and consent of the Senate.
Functions
The Administrator, as head of the Administration, shall be responsible for—
the functions under section 202(a);
general management and supervision of the operations of the Administration;
policy development and guidance;
formulation, guidance, and execution of budget for the Administration;
serving as the Department of Commerce official for all ocean and atmosphere issues with other elements of the Department of Commerce and with other Federal agencies, State, tribal, and local governments, and the public; and
such other duties with respect to the Administration as the Secretary may prescribe.
Assistant Secretary of Commerce for Oceans and Atmosphere and Deputy Administrator
In general
There shall be, as Deputy Administrator of the Administration, an Assistant Secretary of Commerce for Oceans and Atmosphere. The Deputy Administrator shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy Administrator shall be the Administrator’s first assistant for purposes of subchapter III of chapter 33 of title 5, United States Code.
Functions
The Deputy Administrator shall—
serve as an advisor to the Administrator on all program and policy issues;
perform such functions and exercise such powers as the Administrator may prescribe; and
act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator.
Deputy Under Secretary of Commerce for Oceans and Atmosphere and Chief Operating Officer
In general
There shall, be as the Chief Operating Officer of the Administration, a Deputy Under Secretary of Commerce for Oceans and Atmosphere. The Deputy Under Secretary shall be appointed by the Secretary. The position of Deputy Under Secretary shall be a Senior Executive Service position authorized under section 3133 of title 5, United States Code.
Functions
The Deputy Under Secretary shall—
ensure the timely and effective implementation of Administration policies and objectives;
be responsible for all aspects of the Administration’s operations and management, including budget, financial operations, information services, facilities, human resources, procurements, and associated services;
act as the Assistant Secretary during the absence or disability of the Assistant Secretary or in the event of a vacancy in such position; and
perform such other duties as the Administrator shall prescribe.
Deputy assistant secretaries
In general
There shall be in the Administration three Deputy Assistant Secretaries.
Functions
The Secretary shall—
designate the functions of each Deputy Assistant Secretary; and
assign to each Deputy Assistant Secretary one of the functions under paragraphs (1), (2), and (3) of section 202(a).
Qualifications
The Deputy Assistant Secretaries shall be appointed by the Secretary from among individuals who are qualified by reason of background and experience to direct the implementation and administration of the functions for which they are responsible. The positions of Deputy Assistant Secretaries shall be Senior Executive Service positions authorized under section 3133 of title 5, United States Code.
General counsel
In general
There shall be in the Administration a General Counsel. The General Counsel shall be appointed by the Secretary. The General Counsel shall be paid at the rate of basic pay for level V of the Executive Schedule.
Functions
The General Counsel shall—
serve as the chief legal officer of the Administration for all legal matters that arise in connection with the conduct of the functions of the Administration; and
perform such other functions and exercise such powers as the Administrator may prescribe.
Additional positions
The Administrator may appoint individuals to such additional positions in the Administration as may be appropriate to reflect any restructuring of the Administration.
Conforming amendments to reorganization plan
Reorganization plan no. 4 of 1970
Reorganization Plan No. 4 of 1970 (5 U.S.C. App.) is amended—
in section 1, by adding at the end the following:
The functions vested in the Secretary of the Interior and the Secretaries by the Act of June 8 1906, (16 U.S.C. 433 et seq.), popularly known as the Antiques Act of 1906, relating to national monuments comprised of ocean or coastal resources.
; and
in section 2, by striking subsection (e).
Title 5, u.s.c
Section 5316 of title 5, United States Code, is amended by
striking Assistant Administrator for Coastal Zone Management,
and all that follows through Assistant Administrators (3), National
Oceanic and Atmospheric Administration.
.
National Weather Service
In general
There shall be in the Administration the National Weather Service.
Mission
The mission of the National Weather Service is to provide weather, water, climate, tsunami, and space weather forecasts and warnings for the United States, its territories, adjacent waters, and ocean areas for the protection of life and property and the enhancement of the national economy. In carrying out the mission of the National Weather Service, the Administrator shall seek to ensure that the National Weather Service—
provides timely and accurate weather, water, climate, tsunami, and space weather forecasts; and
provides timely and accurate warnings of natural hazards related to weather, water, climate, and tsunamis, and of space weather hazards.
Functions
To accomplish the mission described in section 201(b), and in addition to the functions described in section 202(a), the functions of the National Weather Service shall include—
maintaining a network of local weather forecast offices;
maintaining a network of observation systems to collect weather, water, and climate data;
operating national centers to deliver guidance, forecasts, warnings, and analysis about weather, water, climate, tsunami, and space weather phenomena for use by the Administration and the public;
providing information to Federal, State, and local agencies and other organizations responsible for emergency preparedness and response;
conducting and supporting applied research to facilitate the rapid incorporation of weather and climate science advances into operational tools; and
other functions to serve the mission of the National Weather Service described in subsection (b).
Science Advisory Board
There shall be
within the Administration a Science Advisory Board, in accordance with the
document entitled U.S. Department of Commerce Charter of the NOAA
Science Advisory Board
, dated August 9, 2005.
Restructuring plan
In general
The Administrator shall develop a plan and budget setting forth a proposal for restructuring the Administration and its programs, as they existed immediately before enactment of this title, that implement this title, are consistent with section 101, and consider the recommendations of the U.S. Commission on Ocean Policy so as to provide improved services to the Nation.
Content
The plan shall—
describe leadership positions and roles, and program offices and duties;
consider—
regional approaches to management and ecosystem-based management;
coordination with outside entities, both nationally and internationally; and
needs to expand or downsize employees or facilities (or both);
be consistent with section 202 and the other provisions of this Act, and maximize the efficiency with which the Administration carries out and assures the effectiveness of the functions of the Administrator described in section 202(a);
improve the sharing of research and other information and the compilation of available data, that is of use across programmatic themes; and
to the maximum extent practicable, eliminate duplication of effort or overlapping efforts among offices.
Consultation
The Administrator shall develop the plan in consultation with interested persons, including representatives of the States, academia, industry, conservation organizations, and labor organizations certified as the exclusive representatives of Administration employees pursuant to chapter 71 of title 5, United States Code.
Schedule
In general
Not later than 18 months after the date of enactment of this Act, the Administrator shall develop the plan and shall publish the plan in the Federal Register.
Public comment
The Federal Register notice shall solicit comments for a period of 60 days.
Final plan
Not later than 120 days after the expiration date of the comment period described in paragraph (2), the Administrator shall complete a final plan that takes into account the comments received.
Transmittal
Upon completing the final plan, the Administrator shall—
transmit the final plan, and an explanation of how the Administrator addressed each issue raised by the public comments received, to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Science and on Natural Resources of the House of Representatives for review; and
publish the final plan and explanation in the Federal Register.
Reporting
Administration internal review
Once every 3 years after implementation of the reorganization plan, the Administrator shall transmit a report to Congress assessing the effectiveness and efficiency of the Administration in carrying out its functions and fulfilling its mission, as set forth in sections 201(b).
Government Accountability Office review
Not later than 3 years after the Administration implements the reorganization plan, and every 6 years thereafter, the Comptroller General of the United States shall conduct an independent review of the effectiveness and efficiency of the Administration in fulfilling its mission, as set forth in section 201(b), and carrying out the functions set forth in section 202. Upon completing the review, the Comptroller General shall transmit a report to Congress with his or her findings.
Reprogramming requests
Whenever the Administrator transmits a budget reprogramming request to the Appropriations Committees of the House of Representatives and the Senate, the Administrator shall simultaneously submit a copy of the request to the Committee on Science and the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
Savings provisions
Except as otherwise provided in this Act, all rules and regulations, determinations, standards, contracts, certifications, authorizations, appointments, delegations, results and findings of investigations, and other actions duly issued, made, or taken by or pursuant to or under the authority of any statute that resulted in the assignment of functions or activities to the Secretary of Commerce, the Department of Commerce, the Under Secretary of Commerce for Oceans and Atmosphere, or any other official of the National Oceanic and Atmospheric Administration, as are in effect immediately before the enactment of this Act, shall continue in full force and effect after enactment of this Act until modified or rescinded.
Report
Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit a report to the Congress on the implementation of this Act, including such recommendations as the Administrator considers appropriate regarding changes to existing law (including granting of additional authority to the Administrator).
Function defined
In this title the term function includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.
Regional Coordination and Planning
Regional ocean coordination
In general
The purpose of this title is to promote coordinated regional efforts to further the implementation of the National Ocean Policy through—
the designation of distinct ocean regions; and
the establishment of regional ocean partnerships, and the development and implementation of regional ocean strategic plans.
Objectives of regional efforts
Such regional efforts shall achieve the following:
Provide for more systematic communication, coordination, and alignment of State and Federal governmental authorities and programs with the size, scale, and characteristics of regional marine ecosystems while recognizing regional economic and social patterns.
Build on and improve existing regional programs and initiatives and foster the creation of new regional efforts in areas where effective interstate and Federal cooperative efforts are currently lacking.
Provide for regional and subregional ocean assessments, based on the best available science, to determine status and trends and to provide the information needed to improve management decisions.
Identify shared State and Federal priority issues and address them in a collaborative and coordinated way based on existing legal authorities.
Improve integration of government efforts and maximize government efficiency.
Identify and provide data and information needed by the Regional Ocean Partnerships established under section 302.
Provide for opportunities for public input on regional priorities and plans and for improved citizen and community stewardship of ocean waters, coastal waters, and ocean resources.
Regions
Designation
There are hereby designated the following ocean regions:
North Pacific Ocean Region
The North Pacific Ocean Region, which shall consist of the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453) and watershed areas of the State of Alaska that have a significant impact on coastal waters of the State of Alaska seaward to the extent of the Exclusive Economic Zone as specified in Presidential Proclamation Number 5030, dated March 10, 1983.
Pacific Ocean Region
The Pacific Ocean Region, which shall consist of the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) and watershed areas of the States that have a significant impact on coastal waters of the States of Washington, Oregon, and California seaward to the extent of the Exclusive Economic Zone as specified in Presidential Proclamation Number 5030, dated March 10, 1983.
Western Pacific Ocean Region
The Western Pacific Ocean Region, which shall consist of the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453) of the States of Hawaii, Guam, American Samoa, and the Northern Mariana Islands seaward to the extent of the Exclusive Economic Zone as specified in Presidential Proclamation Number 5030, dated March 10, 1983, including the territorial waters of the Commonwealths, territories, and possessions of the United States in the Pacific Ocean.
Gulf of Mexico Ocean Region
The Gulf of Mexico Ocean Region, which shall consist of the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) and watershed areas of the States that have a significant impact on coastal waters of the States of Texas, Louisiana, Mississippi, Alabama, and Florida seaward to the extent of the Exclusive Economic Zone as specified in Presidential Proclamation Number 5030, dated March 10, 1983.
Caribbean Ocean Region
The Caribbean Ocean Region, which shall consist of the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) and watershed areas of the States that have a significant impact on coastal waters of the Virgin Islands and the Commonwealth of Puerto Rico seaward to the extent of the Exclusive Economic Zone as specified in Presidential Proclamation Number 5030, dated March 10, 1983, including the territorial waters of the Caribbean Sea and Atlantic Ocean.
Southeast Atlantic Ocean Region
The Southeast Atlantic Ocean Region, which shall consist of the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) and watershed areas of the States that have a significant impact on coastal waters of the States of Florida, Georgia, South Carolina, and North Carolina seaward to the extent of the Exclusive Economic Zone as specified in Presidential Proclamation Number 5030, dated March 10, 1983.
Northeast Atlantic Ocean Region
The Northeast Atlantic Ocean Region, which shall consist of the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) and watershed areas of the States that have a significant impact on coastal waters of the States of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut seaward to the extent of the Exclusive Economic Zone as specified in Presidential Proclamation Number 5030, dated March 10, 1983.
Mid-Atlantic Ocean Region
The Mid-Atlantic Ocean Region, which shall consist of the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) and watershed areas of the States that have a significant impact on coastal waters of the States of New York, New Jersey, Delaware, Maryland, Pennsylvania, and Virginia seaward to the extent of the Exclusive Economic Zone as specified in Presidential Proclamation Number 5030, dated March 10, 1983.
Great Lakes Region
The Great Lakes Region, which shall consist of the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) and watershed areas of the States that have a significant impact on coastal waters of the States of Wisconsin, Minnesota, Michigan, Illinois, Indiana, Ohio, New York, and Pennsylvania to the extent of the territorial waters of the United States in the Great Lakes.
Subregions
Each Regional Ocean Partnership established under section 302 may establish such subregions, or geographically specified management areas, as necessary for efficient and effective management of region-specific ecosystem issues.
Regional Ocean Partnerships
In general
Establishment
Within 1 year after the date of the enactment of this Act, the Administrator, in consultation with the Committee on Ocean Policy and the appropriate coastal States, shall establish or designate a Regional Ocean Partnership for each of the ocean regions established by section 301.
Functions
Each Partnership shall, for the ocean region for which it is established or designated—
pursue the objectives set forth in section 301(b);
further the implementation of the National Ocean Policy; and
develop and implement a Regional Ocean Strategic Plan under section 303.
Existing regional efforts
For any ocean region for which a regional ocean governance effort already exists, the relevant coastal States shall work with the Administrator to determine whether the Partnership established or designated for the ocean region should build upon and expand that effort, or whether the Administrator should initiate a new effort.
Membership
Federal representatives
Within 270 days after the date of the enactment of this Act, the Committee on Ocean Policy shall designate the Federal agencies and departments that shall participate in each Partnership. Among the agencies and department designated for each Partnership, the Committee shall include all Federal agencies and departments that have expertise in ocean and coastal policy, oversee ocean and coastal policy or resource management, or engage in activities that significantly affect ocean waters, coastal waters, or ocean resources. The head of each Federal agency or department designated by the Committee on Ocean Policy shall select and appoint officers or employees of their agency or department to serve as their representatives to each Partnership. The Administrator, or his or her designated representative, shall serve as the chairperson of each Partnership.
State representatives
Coastal State representatives
The Governor of each coastal State within each ocean region designated under section 301(c) shall—
within 9 months after the date of enactment of this Act, inform the Administrator whether or not the State intends to participate in the Partnership for the ocean region; and
if the State intends to participate in such Partnership, within 1 year of enactment of this Act, appoint an officer or employee of the coastal State agency with primary responsibility for overseeing ocean and coastal policy or resource management to that Partnership.
Noncoastal State appointments
In general
Within 9 months after the date of enactment of this Act, the Governor of each noncoastal State within each ocean region designated under section 301(c) shall notify the Administrator whether or not the State seeks to participate in the Partnership for the ocean region. The Partnership for that region shall appoint to the Partnership one or more representatives of noncoastal States that notify the Administrator, subject to clause (ii).
Appointments for more than one noncoastal State
If more than one noncoastal State notifies the Administrator under clause (i) with respect to a Partnership—
the Partnership shall establish a process for nominating and appointing representatives under this subparagraph;
the total number of representatives appointed under this subparagraph for the Partnership may not exceed the number of coastal State representatives on the Partnership; and
in appointing representatives to the Partnership, the Partnership shall consider the relative impact on the ocean region for which the Partnership must prepare a Regional Ocean Strategic Plan of the waters under each such noncoastal State’s jurisdiction that feed into the ocean region.
North Pacific Regional Ocean Partnership
The Governor of the State of Washington—
within 9 months after the date of enactment of this Act, shall notify the Administrator whether or not the State intends to participate in the North Pacific Regional Ocean Partnership; and
if such State intends to participate in such Partnership, within 1 year after the date of enactment of this Act shall appoint to such Partnership an officer or employee of the Washington State agency with primary responsibility for overseeing ocean and coastal policy or resource management.
Regional Fishery Management Council representation
The executive director of each Regional Fishery Management Council with jurisdiction in the ocean region of a Partnership and the executive director of the interstate marine fisheries commission with jurisdiction in the ocean region of a Partnership shall each serve as a member of the Partnership, and shall be considered non-Federal representatives for the purposes of paragraph (5)(A).
Local government representative
Each Partnership shall receive nominations and select one representative from a coastal political subdivision to represent the interests of local and county governments on the Partnership.
Additional appointments
Balance
Each Partnership shall—
identify the total number of additional non-Federal representatives within the ocean region of the Partnership necessary to ensure that the combined number of non-Federal representatives on the Partnership equals the number of Federal representatives on the Partnership; and
identify a process for selecting such non-Federal representatives that, to the maximum extent practicable, assures balanced and broad non-Federal representation.
International representatives
In cooperation with the Secretary of State, each Partnership may foster nonbinding relationships with foreign governments, agencies, States, provinces, and other entities as appropriate, at scales appropriate to the ocean region under the authority of the Partnership, including by providing opportunities for participation by foreign representatives at meetings of the Partnership, its advisory committees, and other working groups.
Steering Committee
In general
Each Partnership may establish a Steering Committee to provide leadership with respect to the development and implementation of the Regional Ocean Strategic Plan under section 303 and to ensure that the goals set forth in such Regional Ocean Strategic Plan are being met within the timelines established by that section.
Membership
The Steering Committee shall include—
one representative from each coastal State that appoints a representative to the Partnership; and
one representative from each of three Federal agencies designated by the Committee on Ocean Policy.
Advisory committees
Authority
Each Partnership may establish and appoint members of advisory committees and working groups as necessary for preparation and implementation of its Regional Ocean Strategic Plan under this title.
Advice and input
Each Partnership shall provide opportunities for citizen and stakeholder input in the development and implementation of its Regional Ocean Strategic Plan.
Coordination
Existing programs
Each Partnership shall build upon and complement current State, multistate, and regional capacity and governance and institutional mechanisms to manage and protect ocean waters, coastal waters, and ocean resources.
Inland regions
Each Partnership shall collaborate and coordinate as necessary and appropriate with noncoastal States that may significantly impact marine ecosystem health in the ocean region or the Partnership.
Procedures
In general
Each Partnership shall operate in accordance with procedures established by the Partnership and approved by the Administrator.
Required procedures
The Administrator shall prescribe requirements for approval of procedures under paragraph (1) that at minimum provide for—
transparency in decisionmaking;
opportunities for public input and participation; and
the use of advisory committees that may be established under subsection (e).
Staff
Hiring authority
Each Partnership may hire such staff as is necessary to perform the functions of the Partnership.
Treatment
Staff hired by a Partnership shall be treated as employees of the Administration, except for any staff that are hired by participating States.
Federal Advisory Committee Act
In general
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to Partnerships, steering committees, or any advisory committee established under this title.
Compliance
Notwithstanding paragraph (1), each Partnership and each advisory committee of a Partnership shall be appointed and operate in a manner consistent with all provisions of the Federal Advisory Committee Act with respect to—
the balance of their membership;
provision of public notice regarding their activities;
open meetings; and
public access to documents created by the Partnerships or advisory committees of the Partnerships.
Regional Ocean Strategic Plans
Initial ocean region assessment
In general
The Administrator, in consultation with the Regional Ocean Partnership for an ocean region and other experts, shall, within 1 year after establishment or designation of such Partnership, prepare an initial ocean region assessment of the ocean region in order to guide the development of the Regional Ocean Strategic Plan prepared for such ocean region under subsection (b).
Contents
Each initial assessment shall include a summary of—
the ocean region’s marine ecosystem health, culture, and economy;
existing, emerging, and cumulative threats to marine ecosystem health of the ocean region;
indicators that measure marine ecosystem health of the ocean region; and
important ecological areas within the ocean region.
Public participation
The Administrator, in consultation with the Regional Ocean Partnership, shall provide opportunities for public input in the development of the assessment and updates of the assessment under subsection (c). Such opportunities shall include opportunities for sharing of the latest science and local knowledge regarding the ocean region’s ocean waters, coastal waters, and ocean resources using annual public ecosystem forums.
Regional Ocean Strategic Plan
Requirement
Each Regional Ocean Partnership shall, within 2 years after the completion of the initial ocean region assessment, prepare and submit to the Administrator for review, consultation, and approval a Regional Ocean Strategic Plan for adaptive, ecosystem-based management of United States ocean waters, coastal waters, and ocean resources for the ocean region of the Partnership consistent with the National Ocean Policy.
Contents
Each Plan prepared by a Regional Ocean Partnership shall—
be based on the ocean region assessment required under subsection (a) and (c);
describe short-term and long-term goals for improving marine ecosystem health in the ocean region covered by the Plan;
recommend long-term monitoring measures for important ecological areas within the ocean region covered by the Plan;
identify State and Federal priority issues within the ocean region covered by the Plan;
describe ecosystem-based management solutions and policies to address the priority issues;
describe short-term and long-term indicators for measuring improvements in economic sustainability in the ocean region that result from improved ecological conditions and improved collaboration and coordination amongst Federal and State agencies;
identify research, information, and data needed to carry out the Plan;
identify performance measures and benchmarks for purposes of subparagraphs (B), (C), and (E) to be used to evaluate the Plan’s effectiveness; and
define responsibilities and include an analysis of the gaps in authority, coordination, and resources, including funding, that must be filled in order to fully achieve those performance measures and benchmarks.
Public participation
Each Regional Ocean Partnership shall provide adequate opportunities for public input during the development of the Plan and any Plan revisions.
Updated ocean region assessments
The Administrator, in consultation with the appropriate Regional Ocean Partnership and other experts, shall, within 4 years after approval of the Plan and at least once every 6 years thereafter, update the initial ocean region assessment prepared under subsection (a) to provide more detailed information regarding the required elements of the assessment and to include any new information that has become available.
Plan revision
Each approved Regional Ocean Strategic Plan shall be reviewed and revised by the relevant Regional Ocean Partnership at least once every 6 years. Such review and revision shall be based on a recently updated ocean region assessment. Any proposed revisions to the Plan shall be transmitted to the Administrator for review and approval pursuant to this section.
Action by the Administrator
Review of plans
Commencement of review
Within 10 days after transmittal of a Regional Ocean Strategic Plan, or any revision to such a Plan, by a Regional Ocean Partnership, the Administrator shall commence a review of the Plan or the revised Plan, respectively.
Public notice and comment
Immediately after receipt of such a Plan or revision, the Administrator shall publish the plan or revision in the Federal Register and provide an opportunity for the submission of public comment for a 60-day period beginning on the date of such publication.
Requirements for approval
Before approving a plan, or any revision to a plan, the administrator must find that the plan or revision—
is consistent with the National Ocean Policy; and
adequately addresses the required elements under subsection (b) of this section.
Deadline for review
Within 120 days after transmittal of a Plan, or a revision to a Plan, the Administrator shall approve or disapprove the Plan or revision by written notice.
Regional information systems
The Administrator shall, within 1 year after the date of the enactment of this Act and in collaboration with marine laboratories and academic and other relevant institutions, establish a network of regional ocean ecosystem resource information systems for each ocean region—
to provide access to geophysical, atmospheric, oceanographic, and marine biological data, including genetic research, studies, data, maps, and analyses necessary to the understanding of the ocean ecosystem;
from which to draw information for the establishment of policies and priorities related to the conservation, use, and management of ocean waters, coastal waters, and ocean resources; and
to provide information of the development and implementation of Plans.
Implementation
Members of a Regional Ocean Partnership shall, to the maximum extent practicable, implement a Regional Ocean Strategic Plan that is prepared by the Partnership and approved by the Administrator under this section, consistent with existing legal authorities.
Regulations
The Administrator shall issue such regulations as the Administrator considers necessary to ensure proper administration of this title.
Other authority
This title shall not be construed as superseding or diminishing the authorities and responsibilities, under any other provision of law, of the Administrator or any other Federal, State, or tribal officer, employee, department, or agency.
Authorization of appropriations and establishment of trust fund
Establishment of fund
Establishment of fund
There is established in the Treasury of the United States a
fund which shall be known as the Ocean and Great Lakes Conservation
Trust Fund
. For each fiscal year after the date of enactment of this
Act, the Secretary of the Treasury shall deposit into the Fund the following
amounts:
Healthy Ocean Stamp
Amounts received by the United States from the sale of a Healthy Ocean Stamp under section 407.
Amounts not disbursed
All appropriated but un-disbursed amounts deposited under section 402(c) each fiscal year.
Interest
All interest earned under subsection (b).
Interest
The Secretary of the Treasury shall invest monies in the Fund (including interest) in public debt securities with maturities suitable to the needs of the Fund, as determined by the Secretary of the Treasury, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. Such invested monies shall remain invested until needed to meet requirements for disbursement for the programs financed under this Act.
Use of fund
The Administrator may, subject to appropriation, use funds available in the Ocean and Great Lakes Conservation Fund to supplement appropriations made under section 406(a).
Payments to States
In general
The Administrator shall make payments to those coastal States that are eligible for funding under section 403, subject to the availability of appropriations under section 406. The total of the amount paid each fiscal year to coastal States in any ocean region shall not exceed the amount allocated for the ocean region for that fiscal year under section 405.
Report requirement
No payment shall be made to any State under this section until the State has—
agreed to provide such reports to the Administrator, in such form and containing such information, as may be reasonably necessary to enable the Administrator to perform the duties of the Administrator under this title; and
adopted such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement and accounting for Federal revenues paid to the State under this title.
Unexpended funds
At the end of each fiscal year, the Administrator shall deposit in the Fund established in section 401 any amount appropriated under section 406 but not disbursed to a State under this section.
Eligibility for funding
Eligibility of State
A State shall not be eligible for funding for purposes of section 402 unless the Administrator, in consultation with the Partnership, determines that the State is participating actively and sufficiently in the development and implementation of the relevant Regional Ocean Strategic Plan under section 303.
Eligible purposes
States that receive funds under this title may only use such funds for purposes of fulfilling the State’s obligations and responsibilities for
implementation of a Regional Ocean Strategic Plan approved under section 303 in accordance with a spending plan approved under section 404(c)(1);
development of the Regional Ocean Strategic Plan under section 303(b) until such Plan is complete, in accordance with a budget approved under section 404(c)(2);
providing assistance to the Administrator in conducting the initial ocean region assessment under section 303(a) until such assessment is complete in accordance with a budget approved under section 404(c)(2); and
implementation of other regional efforts that also implement the National Ocean Policy during the 3-year period beginning on the date of the designation or establishment of the relevant Regional Ocean Partnership under section 302 in accordance with the applications approved under section 404(c)(3).
Funding procedures
Requirements
Each State seeking funding under this title shall submit to the Administrator an application for such funds.
Approval
The Administrator shall approve an application submitted by a State under subsection (a) if, in consultation with the Regional Ocean Partnership, the Administrator—
certifies that the State is eligible for funding under section 403(a);
finds that the activities proposed in the application are part of an approved spending plan submitted by the relevant Regional Ocean Partnership under subsection (c); and
ensures that previous payments under this title made to the State and coastal political subdivisions in the State were used in accordance with section 403(b).
Spending plans, budgets, and other regional efforts
Spending plan for implementing Regional Ocean Strategic Plans
Each Regional Ocean Partnership that has participating States that are seeking funding under section 403(b)(1) shall submit to the Administrator a spending plan for such States for each fiscal year. The total funds requested in the spending plan shall not exceed the amount allocated to the Region by the Administrator under section 405 for that fiscal year. In addition to such other requirements as the Administrator by regulation shall prescribe, each spending plan shall include—
a list of the States participating in the Regional Ocean Partnership;
the name of the State agency for each State listed in subparagraph (A) that will have the authority to represent and act for the State in dealing with the Administrator for purposes of this title;
a description of how funds provided under this title will be used by each participating State to implement the Regional Ocean Strategic Plan; and
certification by the governor of each participating State that all the funds provided under this title to the State and coastal political subdivisions of that State will be used in a manner consistent with section 403(b)(1) and the National Ocean Policy.
Budgets for developing Regional Ocean Strategic Plans and assisting with initial regional ocean assessments
Each Regional Ocean Partnership with participating States that are seeking funding under section 403(b)(2) or section 403(b)(3) shall submit an annual budget for approval by the Administrator identifying—
a list of the States participating in the Regional Ocean Partnership;
the name of the State agency for each State listed in subparagraph (A) that will have the authority to represent and act for the State in dealing with the Administrator for purposes of this title; and
the costs under section 303(a) or section 303(b) that require financial support from the Administrator.
Other regional efforts
Each coastal State seeking funding for other regional efforts under section 403(b)(4) shall submit an application for approval by the Administrator that includes the following:
The name of the State agency that will have the authority to represent and act for the State in dealing with the Administrator for purposes of this subsection.
A description of how funds provided pursuant to this subsection will be used for activities that further the implementation of the National Ocean Policy.
Certification by the Governor of the State that all the funds provided pursuant to this subsection to the State will be used in a manner consistent with the National Ocean policy.
Limitation on other uses
Not more than 50 percent of amounts paid to a State from amounts appropriated under section 406(a)(1)(A) may be used by the State to implement other regional ocean governance efforts that further the implementation of the National Ocean Policy as described in the application under paragraph (3).
Procedure and timing; revisions
The Administrator shall approve or disapprove in accordance with this subsection each spending plan submitted under subsection (c)(1). If a Regional Ocean Partnership first submits a plan by not later than 90 days before the beginning of the first fiscal year to which the plan applies, the Administrator shall approve or disapprove the plan by not later than 30 days before the beginning of that fiscal year.
Spending plan amendment or revision
Any amendment to or revision of the spending plan shall be prepared in accordance with the requirements of this section and shall be submitted to the Administrator for approval or disapproval. Any such amendment or revision shall take effect only for fiscal years after the fiscal year in which the amendment or revision is approved by the Administrator.
Public comment
Before approving or disapproving a spending plan, or an amendment or revision to such a plan, the Administrator shall provide for public comment on the proposed expenditures in the spending plan for the forthcoming year.
Time of payment
Payments to States under this title shall be made not later than December 31 of each year from appropriations made during the immediately preceding fiscal year.
Equitable allocation
Maximum amount available to each ocean region
Of the amounts appropriated under section 406, the Administrator shall determine and allocate to each ocean region the maximum amount of funds that the Administrator may grant under this title for use in that region, based on the following weighted formula:
35 percent of such amount shall be determined based on the ratio of the shoreline miles (as that term is used in the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.)) of the ocean region to the shoreline miles of all ocean regions.
65 percent of such amount shall be determined based on the ratio of the coastal population density of the ocean region to the coastal population density of all ocean regions.
Payments to political subdivisions
The governor of a State that receives funds under this title shall use such funds only—
for the purposes under section 403(b) that the State applied for and received the funds; or
for awards to coastal political subdivisions of the State, on a competitive basis, for such purposes.
Authorization of appropriations
There are authorized to be appropriated the following amounts:
To the Administrator for making payments to coastal States under this title—
$40,000,000 for each of fiscal years 2011, 2012, and 2013 for developing a Regional Ocean Strategic Plan under section 403(b)(2), for assisting the Administrator in conducting an initial ocean region assessment under section 403(b)(3), and for implementing other regional efforts under section 403(b)(4); and
$60,000,000 for each of fiscal years 2014 through 2021 and for implementing and updating Regional Ocean Strategic Plans under section 403(b)(1).
To the Administrator $20,000,000 for each of fiscal years 2011 through 2021 thereafter for purposes of—
conducting and updating ocean region assessments under section 303; and
supporting efforts by the Regional Ocean Partnerships to develop Regional Ocean Strategic Plans under section 303.
To the Administrator for allocation, with concurrence of the Committee on Ocean Policy, for carrying out responsibilities of the Federal Government for development and implementation of Regional Ocean Strategic Plans—
$30,000,000 for fiscal year 2014;
$40,000,000 for fiscal year 2015; and
$50,000,000 for each of fiscal years 2016 through 2021.
Healthy Ocean Stamp
In general
In order to afford a convenient way for members of the public to support efforts to protect, maintain, and restore marine ecosystems, the United States Postal Service shall provide for a special postage stamp in accordance with this section.
Terms and conditions
The issuance and sale of the stamp referred to in subsection (a) shall be governed by section 416 of title 39, United States Code, and regulations under such section, subject to the following:
Transfers
All amounts becoming available from the sale of such stamp shall be transferred to the Ocean and Great Lakes Conservation Trust Fund (as established by section 401) through payments which shall be made, at least twice a year, in the manner required by subsection (d)(1) of section 416 of such title 39.
Numerical limitation
For purposes of applying any numerical limitation referred to in subsection (e)(1)(C) of section 416 of such title 39, such stamp shall not be taken into account.
Duration
Such stamp shall be made available to the public over such period of time as the Postal Service may determine, except that such period—
shall commence not later than 12 months after the date of the enactment of this Act; and
shall terminate not later than the close of the period referred to in section 416(g) of title 39, United States Code.
Rule of construction
Nothing in this section shall be considered to permit or require that any determination of the amounts becoming available from the sale of the stamp referred to in subsection (a) be made in a manner inconsistent with the requirements of section 416(d) of title 39, United States Code.
Limitation on use of available amounts for administration
Of the amounts made available under this title (including the amendments made by this title) for a particular activity, not more than 2 percent may be used for administrative expenses of that activity.
Recordkeeping requirements
The Administrator, in consultation with the Committee on Ocean Policy, shall establish such rules regarding recordkeeping by State and local governments and the auditing of expenditures made by State and local governments from funds made available under this Act as may be necessary. Such rules shall be in addition to other requirements established regarding recordkeeping and the auditing of such expenditures under other authority of law.
Maintenance of effort and matching funding
In general
It is the intent of the Congress in this Act that States not use this Act as an opportunity to reduce State or local resources for the programs funded by this Act. Except as provided in subsection (b), no State or local government shall receive any funds under this Act during any fiscal year in which its expenditures of non-Federal funds for recurrent expenditures for programs for which funding is provided under this Act will be less than its expenditures were for such programs during the preceding fiscal year. No State or local government shall receive funding under this Act with respect to a program unless the Administrator is satisfied that such a grant will be so used to supplement and, to the extent practicable, increase the level of State, local, or other non-Federal funds available for such program.
Exception
The Administrator may provide funding under this Act to a State or local government not meeting the requirements of subsection (a) if the Administrator determines that a reduction in expenditures—
is attributable to a nonselective reduction in expenditures for the programs of all executive branch agencies of the State or local government; or
is a result of reductions in State or local revenue as a result of a downturn in the economy.
Use of funds To meet matching requirements
All funds received by a State or local government under this Act shall be treated as Federal funds for purposes of compliance with any provision in effect under any other law requiring that non-Federal funds be used to provide a portion of the funding for any program or project.