[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4585 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4585

        To establish the Northwest Straits Advisory Commission.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 16, 1998

 Mr. Metcalf introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
        To establish the Northwest Straits Advisory Commission.

    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 Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) The Congress hereby finds that--
            (1) Puget Sound and the inland marine waters of Washington 
        State, and more specifically the marine waters and ecosystem of 
        the Northwest Straits as defined in this Act, represent a 
        unique and unparalleled resource of enormous environmental and 
        economic value to the people of the region and the Nation in 
        this and future generations;
            (2) despite considerable research and regulatory efforts 
        and financial investments, current efforts have failed to 
        protect natural habitats and fish and wildlife populations 
        adequately in these waters;
            (3) as a result, species of fish, shellfish, seabirds, 
        mammals, and marine invertebrates have undergone substantial 
        declines in regional population abundance in recent years, in 
        part because the inventory of nearshore habitats has reached 
        critically low levels, and existing restorative measures are 
        clearly inadequate to replace lost habitats;
            (4) it is the scientific consensus that efforts should 
        focus on habitat preservation, on assessment and conservation 
        of stocks of fish, invertebrates, birds, and marine mammals, on 
        reducing waste disposal and contaminated runoff, and on 
        developing compatible environmental regulations on both sides 
        of the international boundary with Canada; and
            (5) by the year 2020, human population in this region of 
        the United States and Canada is projected to increase by more 
        than 50 percent, so that just to maintain present quality of 
        life and sustain present economic activities that are dependent 
        upon a healthy marine ecosystem, and to keep marine waters and 
        ecosystem from deteriorating further, requires significantly 
        reducing the collective environmental burdens caused by 
        shoreline development, fish catch, and waste discharge that 
        impact these marine waters.
    (b) The Congress finds and declares the purposes of this Act to 
be--
            (1) to develop and test innovative intergovernmental 
        arrangements that may prove effective in helping to reverse the 
        degradation of the marine ecosystem of the Northwest Straits by 
        encouraging and supporting the concern, initiative, and 
        capabilities of the people who reside in this area and their 
        local governments, thus enhancing the collective efforts of all 
        levels of government; and
            (2) to foster improved resource protection, the 
        preservation of commercial values and diverse ways of life, 
        full cooperation with Indian tribes, additional research, 
        education, and interpretation, maximum cooperation by all 
        Federal agencies with the State and local governments and 
        Indian tribes, and international cooperation with Canada, in 
        order to enhance the protection and restoration of the natural 
        habitats and values of the Northwest Straits.

SEC. 3. ESTABLISHMENT.

    There is established a commission to be known as the Northwest 
Straits Advisory Commission.

SEC. 4. DUTIES.

    The Commission shall coordinate with and complement the activities 
of appropriate authorities at the Federal, State, local, and tribal 
levels to work to achieve the benchmarks set forth in section 9(b)(2) 
by--
            (1) monitoring the overall health of the marine ecosystem 
        of the Northwest Straits;
            (2) developing scientifically sound economic measurements 
        of the costs, both direct and indirect, of ecosystem 
        degradation and environmental protection with respect to the 
        marine ecosystem of the Northwest Straits;
            (3) identifying trends and activities adversely affecting, 
        or preventing the restoration of, the health of the marine 
        ecosystem of the Northwest Straits;
            (4) developing scientifically sound restoration 
        recommendations, informed by the economic measurements, that 
        address such matters for action by the appropriate authorities;
            (5) providing the restoration recommendations and the 
        economic measurements to the appropriate authorities;
            (6) helping facilitate the successful implementation of the 
        recommendations by developing broad support for the 
        recommendations among the appropriate authorities, stakeholder 
        groups, and the general public;
            (7) serving as a public forum for the discussion of 
        Federal, State, local, tribal, and Canadian policies and 
        actions with respect to the marine ecosystem of the Northwest 
        Straits;
            (8) informing appropriate authorities and the general 
        public about the marine ecosystem of the Northwest Straits and 
        about issues relating to the marine ecosystem of the Northwest 
        Straits;
            (9) consulting with all affected federally recognized 
        tribes in the region of the Northwest Straits to ensure that 
        the work of the Commission does not violate tribal treaty 
        rights; and
            (10) consulting with and encouraging the participation of 
        appropriate Federal agencies and State and regional entities in 
        the deliberations of the Commission.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of up 
to 13 members, who shall be appointed, subject to subsection (b), as 
follows:
            (1) Up to 7 members, each one appointed by a consensus of 
        the members of a marine resource committee established in 
        accordance with section 8, 1 each by the following counties in 
        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) 1 member, appointed by the Secretary of the Interior in 
        trust capacity, to represent the interests of the affected 
        Indian tribes.
            (3) 1 member appointed by the Governor of the State of 
        Washington to represent the Puget Sound Water Quality Action 
        Team.
            (4) Up to 4 members appointed by the Governor of the State 
        of Washington from among citizens of the State of Washington 
        who are not governmental officials.
    (b) Limitation on Noncounty Appointments.--The aggregate number of 
members appointed under paragraphs (2), (3), and (4) of subsection (a) 
may not exceed the number of members appointed under paragraph (1) of 
subsection (a).
    (c) 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. A 
member may serve after the expiration of that member's term until a 
successor has taken office. A vacancy in the Commission shall be filled 
in the manner in which the original appointment was made. A vacancy in 
a position to be appointed under subsection (a)(1) occurring after the 
first appointment of a member to that position shall not affect the 
number of members authorized under paragraphs (2), (3), and (4) of 
subsection (a).
    (d) Basic Pay.--Members shall serve without pay.
    (e) Travel Expenses.--Each member shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code.
    (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum but a lesser number may hold hearings.
    (g) Supermajority.--Unless otherwise specified in this Act or other 
law, an action of the Commission must be approved by at least three-
fifths of the members present at a meeting at which a quorum is 
present.
    (h) Chairperson.--The Commission shall select a Chairperson from 
among its members. Any vacancy in the office of the Chairperson shall 
be filled in the manner in which the original selection was made.
    (i) Meetings.--The Commission shall meet at the call of the 
Chairperson, but not less frequently than quarterly.

SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.

    (a) Director.--The Commission shall appoint and fix the pay of a 
Director.
    (b) Staff.--The Director may appoint and fix the pay of additional 
personnel as the Director considers appropriate.
    (c) Applicability of Certain Civil Service Laws.--The Director and 
staff of the Commission shall be appointed without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of that title 
relating to classification and General Schedule pay rates, except that 
an individual so appointed may not receive pay at a rate in excess of 
$75,000 per year.
    (d) Experts and Consultants.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code, but at rates for individuals not to exceed $75,000 per 
year.
    (e) Staff of Federal Agencies.--Upon request of the Commission, the 
head of any Federal department or agency may detail, on a reimbursable 
or nonreimbursable basis, any of the personnel of that department or 
agency to the Commission to assist it in carrying out its duties under 
this Act.

SEC. 7. POWERS.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this Act, hold hearings, sit and act at times and places, 
take testimony, and receive evidence as the Commission considers 
appropriate.
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States information 
necessary to enable it to carry out this Act. Upon request of the 
Chairperson of the Commission, the head of that department or agency 
shall furnish that information to the Commission.
    (d) Gifts, Bequests, and Devises.--The Commission may accept, use, 
and dispose of gifts, bequests, or devises of services or property, 
both real and personal, for the purpose of aiding or facilitating the 
work of the Commission. Gifts, bequests, or devises of money and 
proceeds from sales of other property received as gifts, bequests, or 
devises shall be deposited in the Treasury and shall be available for 
disbursement upon order of the Commission.
    (e) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (f) Administrative and Technical Support Services.--Upon the 
request of the Commission, the Administrator of General Services shall 
provide to the Commission, on a reimbursable basis, the administrative 
and technical support services necessary for the Commission to carry 
out its responsibilities under this Act.
    (g) Financial Assistance.--From any amounts made available to the 
Commission, the Commission may provide financial assistance, with or 
without consideration, to any marine resource committee established in 
accordance with section 8 on such terms and conditions as the 
Commission considers appropriate.

SEC. 8. MARINE RESOURCE COMMITTEES.

    (a) In General.--The council or commission of each of the counties 
referred to in section 5(a)(1) may establish a marine resource 
committee in accordance with this section for purposes of this Act. 
Each marine resource committee must have a balanced and technically 
competent membership, and must be provided by its council or 
commission, as applicable, with the mission and direction, expert 
assistance, and financial resources needed to--
            (1) address marine ecosystem issues within its county; and
            (2) work to achieve the benchmarks set forth in section 
        9(b)(2).
    (b) Required Authority.--Each marine resource committee established 
in accordance with this section must be provided by its council or 
commission, as applicable, sufficient legal authority to perform the 
following tasks:
            (1) Help assess marine resources problems in concert with 
        governmental agencies, tribes, and other entities.
            (2) Help identify local implications, needs, and strategies 
        associated with the recovery of Puget Sound salmon and other 
        marine species in the region of the Northwest Straits under the 
        Endangered Species Act of 1973 in concert with governmental 
        agencies, tribes, and other entities.
            (3) Work with the Puget Sound Ambient Monitoring Program 
        and other entities to enhance the scientific baseline and 
        monitoring program for the marine environment of the Northwest 
        Straits.
            (4) Identify current actions and the need for additional 
        measures.
            (5) Work closely with county leadership to implement local 
        marine conservation and restoration initiatives.
            (6) Coordinate with the Northwest Straits Advisory 
        Commission on marine ecosystem objectives.
            (7) Reach out to the public and other key constituencies on 
        the link between healthy marine habitat and healthy resources 
        and how marine protected areas can play an important role in 
        habitat protection.
    (c) Composition.--
            (1) In general.--The membership of each marine resource 
        committee established in accordance with this section must have 
        the following attributes:
                    (A) Relevant scientific expertise.
                    (B) Balanced representation, including 
                representation of each of the following:
                            (i) Local governments, including planning 
                        staff from counties and selected cities with 
                        marine shorelines.
                            (ii) Affected economic interests, such as 
                        ports and commercial fishers.
                            (iii) Affected recreational interests, such 
                        as sport fishers.
                            (iv) Conservation and environmental 
                        interests.
                    (C) A constructive and knowledgeable membership.
            (2) Tribal members.--The council or commission for each 
        county referred to in section 5(a)(1) shall provide to each 
        recognized tribe that has a reservation located in the county 
        an opportunity to appoint a tribal representative as a member 
        of the marine resource committee established by the county 
        pursuant to this section. The tribal authority of each such 
        tribe may make any appointment pursuant to this paragraph.
    (d) Chairperson.--Each marine resource committee established in 
accordance with this section shall select a chairperson from among its 
membership by a majority vote of the members of the committee.
    (e) Annual Report.--Not later than February 1 of each calendar 
year, each marine resource committee established in accordance with 
this section shall submit to the Commission a report of the progress 
and activities of the marine resource committee during the preceding 
calendar year.

SEC. 9. INDEPENDENT REVIEW AND REPORT.

    (a) Review by National Research Council.--Not later than 5 years 
after the date of the enactment of this Act, the Under Secretary of 
Commerce for Oceans and Atmosphere shall request the National Research 
Council to provide an independent evaluation, in consultation with 
appropriate entities in the Northwest Straits region, to--
            (1) review the extent to which the Commission has fulfilled 
        the benchmarks set forth in clause (2) of subsection (b); and
            (2) submit a report on the findings of that review to the 
        Congress, the Secretary of Commerce, the Secretary of the 
        Interior, and the Governor of the State of Washington.
    (b) Benchmarks.--
            (1) Intent.--The benchmarks set forth in clause (2) of this 
        subsection are intended--
                    (A) to be realistic and achievable standards used 
                to measure results of activities within the purview of 
                the Commission; and
                    (B) in some cases to utilize ``input'' measures 
                such as the formation of marine resource committees or 
                the establishment of marine protected areas as well as 
                ``output'' measures such as species recovery data.
            (2) Specific benchmarks.--The benchmarks set forth in this 
        clause are the following:
                    (A) Broad county participation in marine resource 
                committees established in accordance with section 8.
                    (B) Achievement of a scientifically based, regional 
                system of marine protected areas.
                    (C) Net gain in highly ecologically productive 
                nearshore, intertidal, and estuarine habitat in the 
                Northwest Straits.
                    (D) Prevention of significant loss of existing, 
                high-value habitat in the Northwest Straits.
                    (E) Improvement of State, tribal, and local tools 
                to map, assess, and protect nearshore habitat and 
                prevent harm from upland activities.
                    (F) Net reduction in shellfish harvest areas that 
                are closed due to contamination.
                    (G) Measurable increases in factors supporting 
                recovery of bottom fish, including numbers of fish of 
                broodstock size and age, average fish size, abundance 
                of prey species, and sufficient amounts and quality of 
                protected habitat.
                    (H) Increases in other key marine indicator 
                species, including those identified in the report 
                titled ``Protection and Restoration of Marine Life in 
                the Inland Waters of Washington State'', prepared by 
                Dr. James E. West and published in May 1997 in the 
                Puget Sound Georgia Basin Environmental Report Series, 
                No. 6.
                    (I) Coordination of scientific data, including a 
                scientific baseline, common protocols, unified 
                geographic information systems, and sharing of 
                ecosystem assessments and research.
    (c) Recommendations.--The report under subsection (a)(2) shall 
include recommendations on a full range of policy options to better 
protect the marine resources of the region of the Northwest Straits.

SEC. 10. REPORTS OF COMMISSION.

    (a) Annual Report.--Not later than March 1 of each calendar year, 
the Commission shall make available to the public a report of the 
progress and activities of the Commission during the preceding calendar 
year.
    (b) Final Report.--Upon the termination of the Commission, the 
Commission shall submit to the President and to the Congress a final 
report containing an overview of the work of the Commission during the 
life of the Commission and containing any related information that the 
Commission considers appropriate.

SEC. 11. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Commission.--The term ``Commission'' means the 
        Northwest Straits Advisory Commission.
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (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 
        Whidbey Island.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.

SEC. 13. TERMINATION.

    The Commission shall terminate upon the expiration of the 6-year 
period beginning on the date of the enactment of this Act, unless 
reauthorized by the Congress.
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