[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4900 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4900

   To establish a national policy for our oceans, to strengthen the 
    National Oceanic and Atmospheric Administration, to establish a 
            National Oceans Council, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2004

 Mr. Greenwood (for himself, Mr. Farr, Mr. Weldon of Pennsylvania, and 
  Mr. Allen) introduced the following bill; which was referred to the 
 Committee on Resources, and in addition to the Committee on Science, 
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 Oceans Council, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Oceans 
Conservation, Education, and National Strategy for the 21st Century 
Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Definitions.
      TITLE I--CONGRESSIONAL DECLARATION OF NATIONAL OCEANS POLICY

Sec. 101. National oceans policy.
                      TITLE II--NATIONAL STANDARDS

Sec. 201. National standards.
Sec. 202. Determination of compliance with national oceans policy and 
                            national standards.
Sec. 203. Implementation.
Sec. 204. Stricter standards.
       TITLE III--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Sec. 301. Existence in Department of Commerce; mission.
Sec. 302. Administrator; functions.
Sec. 303. Other officers.
Sec. 304. Qualifications of Administration officers.
Sec. 305. Transfer of marine mammals management functions to the 
                            Administrator.
Sec. 306. Science Advisory Board.
Sec. 307. Report of recommendations for reorganization to establish a 
                            Department of Natural Resources.
                   TITLE IV--NATIONAL OCEANS ADVISOR

Sec. 401. Executive Advisor; mission.
Sec. 402. Staffing.
                    TITLE V--NATIONAL OCEANS COUNCIL

Sec. 501. Establishment of Council; mission.
Sec. 502. Chair; membership; functions.
Sec. 503. Limitations on voting.
             TITLE VI--COUNCIL OF ADVISORS ON OCEANS POLICY

Sec. 601. Establishment of Council.
Sec. 602. Duties.
Sec. 603. Membership.
Sec. 604. Meetings.
                      TITLE VII--REGIONAL PLANNING

Sec. 701. Findings.
Sec. 702. Designation of ocean regions; Regional Administrators.
Sec. 703. Regional Ocean Councils.
Sec. 704. Regional Ocean Ecosystem Plans.
Sec. 705. Consistency requirements.
Sec. 706. Regional Ocean Council advisory committees.
Sec. 707. Financial assistance to States.
Sec. 708. Citizen suits.
   TITLE VIII--OCEAN SCIENCE, EXPLORATION, AND RESEARCH COORDINATION

Sec. 801. Committee on Ocean Science, Education, and Operations.
Sec. 802. National Strategy for Ocean and Coastal Science.
Sec. 803. National Ocean Partnership Program.
Sec. 804. Ocean Research and Education Advisory Panel.
Sec. 805. Marine ecosystems research.
Sec. 806. Authorization of appropriations.
                       TITLE IX--OCEAN EDUCATION

Sec. 901. Subcommittee on Ocean Education.
Sec. 902. Ocean and coastal education program.
Sec. 903. Ocean Science and Technology Scholarship Program.
Sec. 904. National Oceanic and Atmospheric Administration Office of 
                            Education.
Sec. 905. Amendment to the National Sea Grant College Program Act.
Sec. 906. National ocean awareness media campaign.
Sec. 907. Authorization of appropriations.
                       TITLE X--OCEAN EXPLORATION

Sec. 1001. National Oceanic and Atmospheric Administration Office of 
                            Ocean Exploration.
Sec. 1002. Subcommittee on Ocean Exploration.
Sec. 1003. Authorization of appropriations.
        TITLE XI--OCEAN AND GREAT LAKES CONSERVATION TRUST FUND

Sec. 1101. Establishment of Fund.
Sec. 1102. Limitation on use of available amounts for administration.
Sec. 1103. Recordkeeping requirements.
Sec. 1104. Maintenance of effort and matching funding.
Sec. 1105. Sunset.
Sec. 1106. Community assistance formula and payments.
Sec. 1107. Approval of State funding and spending plans.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) United States ocean waters and the ocean resources they 
        contain are vital for the national security, environment, 
        economy, and culture of the United States.
            (2) Consistent with customary international law, the United 
        States exercises sovereign rights over ocean resources within 
        United States ocean waters.
            (3) These ocean resources are the property of the people of 
        the United States, are held in trust for them by Federal, 
        State, local, and tribal governments, and should be managed to 
        preserve the full range of their benefits for present and 
        future generations.
            (4) Marine, terrestrial, and atmospheric systems are 
        interdependent, requiring that policy, information transfer, 
        and the management of human activities be coordinated across 
        systems.
            (5) Healthy and productive coastal and marine ecosystems 
        are the keys to securing the full range of benefits from ocean 
        resources for the people of the United States.
            (6) A variety of threats and practices have caused dramatic 
        declines in the health and productivity of coastal and marine 
        ecosystems of the United States. Among the major threats to 
        marine ecosystem health are--
                    (A) global climate change;
                    (B) chemical, nutrient, and biological pollution;
                    (C) unwise land use and coastal development;
                    (D) habitat damage;
                    (E) overfishing; and
                    (F) invasive species.
            (7) These threats are exacerbated by the legal and 
        geographic fragmentation of authority over ocean space and 
        ocean resources.
            (8) Activities harming coastal and marine ecosystems 
        jeopardize the economies and social structure of coastal 
        communities dependent on these resources.
            (9) While there is a plethora of laws, government agencies, 
        and programs dealing with coastal resources and ocean 
        resources, activities thereunder are poorly coordinated and do 
        not constitute a unified and comprehensive public policy toward 
        the oceans.
            (10) To better enable the various levels of government with 
        authority over coastal and ocean space, coastal resources, and 
        ocean resources to fulfill their public trust responsibilities, 
        a unified national oceans policy is needed to govern the range 
        of human activities affecting the health and productivity of 
        marine ecosystems.

SEC. 3. PURPOSE.

    The purpose of this Act is to secure, for present and future 
generations of people of the United States, the full range of 
environmental, economic, educational, social, cultural, nutritional, 
and recreational benefits of healthy marine ecosystems, by--
            (1) establishing a comprehensive national oceans policy 
        that is binding on all covered actions that may significantly 
        affect United States ocean waters and ocean resources;
            (2) requiring covered actions to be consistent with the 
        purposes and policies of this Act;
            (3) mandating that clear standards be set against which 
        compliance with the national oceans policy can be measured;
            (4) providing a mechanism through which compliance with 
        this Act can be assured;
            (5) consolidating and restructuring Federal ocean programs 
        to support this Act; and
            (6) promoting ecologically sustainable ocean resource 
        management by strengthening and empowering ocean governance.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Covered action.--The term ``covered action'' means any 
        activity affecting United States ocean waters or ocean 
        resources, that is carried out--
                    (A) by a Federal agency, including the issuance of 
                a Federal license or permit; or
                    (B) by any other person using Federal funds.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (3) Administration.--The term ``Administration'' means the 
        National Oceanic and Atmospheric Administration provided for in 
        section 301.
            (4) Advisor.--The term ``Advisor'' means the National 
        Oceans Advisor appointed under section 401.
            (5) Biological diversity.--The term ``biological 
        diversity'' means a collection of genomes, species, and 
        ecosystems occurring in a geographically defined region.
            (6) Ecologically sustainable.--The term ``ecologically 
        sustainable'' means capable of maintaining biological diversity 
        and ecosystem structure and functioning from 1 human generation 
        to the next, so as not to deny future generations the goods and 
        services provided by marine ecosystems that are enjoyed today.
            (7) Function.--The term ``function'', when used in 
        reference to a function of a government agency or official, 
        includes authorities, powers, rights, privileges, immunities, 
        programs, projects, activities, duties, and responsibilities.
            (8) Marine ecosystem health and health of marine 
        ecosystems.--Each of the terms ``marine ecosystem health'' and 
        ``health of marine ecosystems'' means the ability of a marine 
        ecosystem to support and maintain a productive and resilient 
        community of organisms, having a species composition, 
        diversity, and functional organization resulting from the 
        natural habitat of the region, such that it provides a complete 
        range of ecological benefits, including--
                    (A) 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 and processes; and
                    (B) a physical, chemical, geological, and microbial 
                environment that is supportive of the requirements of 
                this paragraph.
            (9) Healthy marine ecosystem.--The term ``healthy marine 
        ecosystem'' means a marine ecosystem with the ability to 
        support and maintain a productive and resilient community of 
        organisms, having a species composition, diversity, and 
        functional organization resulting from the natural habitat of 
        the region, such that it provides a complete range of 
        ecological benefits, including--
                    (A) 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 and processes; and
                    (B) a physical, chemical, geological, and microbial 
                environment that is supportive of the requirements of 
                this paragraph.
            (10) Ecosystem-based management.--The term ``ecosystem-
        based management'' means an approach to the management of human 
        activities and natural resources affected by such activities 
        that incorporates the following:
                    (A) Long term ecological sustainability.
                    (B) Clear, operational goals, with reference to a 
                desired future status of ecosystem processes and 
                components.
                    (C) Use of the best available scientific 
                information regarding ecosystems and their functions, 
                including, but not limited to, multiple indicators, 
                including models and other quantitative and qualitative 
                techniques at varying scales.
                    (D) Awareness of complexity, interconnectedness, 
                and resiliency.
                    (E) Recognition that ecosystems are dynamic.
                    (F) Attention to context and scale, as necessary to 
                align decision processes with ecosystem processes that 
                vary across space and time.
                    (G) Acknowledgement of humans as ecosystem 
                components who must be engaged to achieve long term 
                management goals.
                    (H) Accountability.
                    (I) Identification of uncertainties.
                    (J) Adaptiveness, including approaches that 
                supplement limited predictive capacities and respond to 
                changes in ecosystems, information, and anthropogenic 
                stressors.
            (11) United states ocean waters.--The term ``United States 
        ocean waters'' means 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.
            (12) Ocean resources.--The term ``ocean resources'' means 
        any living, nonliving, or cultural amenity in United States 
        ocean waters.
            (13) Coastal.--The term ``coastal'' includes coastal areas 
        of United States ocean waters of the Great Lakes.
            (14) Marine.--The term ``marine'' includes of or relating 
        to United States ocean waters of the Great Lakes.
            (15) Regional ocean council.--The term ``Regional Ocean 
        Council'' means such a council established by the Administrator 
        under section 703.
            (16) Ocean region.--The term ``ocean region'' means such a 
        region designated under section 702(a).
            (17) Qualified outer continental shelf revenues.--The term 
        `qualified Outer Continental Shelf revenues' means (except as 
        otherwise provided in this paragraph) all moneys received by 
        the United States from each leased tract or portion of a leased 
        tract lying seaward of the zone defined and governed by section 
        8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1337(g)), or lying within such zone but to which section 8(g) 
        does not apply, the geographic center of which lies within a 
        distance of 200 miles from any part of the coastline of any 
        coastal State, including bonus bids, rents, royalties 
        (including payments for royalty taken in kind and sold), net 
        profit share payments, and related late-payment interest from 
        natural gas and oil leases issued pursuant to the Outer 
        Continental Shelf Lands Act. Such term does not include any 
        revenues from a leased tract or portion of a leased tract that 
        is located in a geographic area subject to a leasing moratorium 
        on January 1, 2001, unless the lease was issued prior to the 
        establishment of the moratorium and was in production on 
        January 1, 2001.
            (18) Coastal state.--The term ``coastal State''--
                    (A) 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 1 or more of 
                the Great Lakes; and
                    (B) includes Puerto Rico, the Virgin Islands, Guam, 
                the Commonwealth of the Northern Mariana Islands, and 
                the Trust Territories of the Pacific Islands, and 
                American Samoa.
            (19) 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)).
            (20) Coastal population density.--The term ``coastal 
        population density'' means the population as determined by the 
        most recent census data in the States coastal zone as 
        determined pursuant to the Coastal Zone Management Act of 1972. 
        (16 U.S.C.1451 et seq.).

      TITLE I--CONGRESSIONAL DECLARATION OF NATIONAL OCEANS POLICY

SEC. 101. NATIONAL OCEANS POLICY.

    (a) Policy.--The Congress declares that it is the continuing policy 
of the United States to protect, maintain, and restore the health of 
marine ecosystems in order to fulfill the social, economic, and other 
requirements of present and future generations of Americans.
    (b) Responsibility of Federal Governance System.--In order to carry 
out the policy set forth in this Act, the President, acting through the 
Administrator of the National Oceanic and Atmospheric Administration 
and top officials of other Federal agencies and departments, shall--
            (1) protect, maintain, and restore marine biological 
        diversity and the functioning of marine ecosystems;
            (2) require that ocean resources be used in a manner that 
        is ecologically sustainable;
            (3) manage covered actions affecting the oceans on an 
        ecosystem basis;
            (4) exercise precaution in support of protecting, 
        restoring, and maintaining the health of marine ecosystems in 
        the case of uncertain or inadequate information;
            (5) use the best available scientific, social, and economic 
        information to make decisions;
            (6) support research and education to improve basic 
        understanding of marine ecosystems and their management and 
        restoration;
            (7) promote and support international collaboration on 
        research of marine ecosystems and the conservation of healthy 
        marine ecosystems;
            (8) adapt in a timely manner to new information on the 
        health of marine ecosystems and the effectiveness of management 
        decisions;
            (9) be equitable and transparent, and promote cooperation 
        among all stakeholders; and
            (10) provide accountability.

                      TITLE II--NATIONAL STANDARDS

SEC. 201. NATIONAL STANDARDS.

    (a) Establishment of Standards.--To the fullest extent possible the 
policies, regulations, and Public Laws of the United States shall be 
interpreted and administered in accordance with the following national 
standards:
            (1) Covered actions affecting United States ocean waters or 
        ocean resources must be conducted in a manner that is 
        consistent with the protection and maintenance of healthy 
        marine ecosystems and, where appropriate, the restoration of 
        degraded marine ecosystems.
            (2) Any covered action that may significantly affect United 
        States ocean waters or ocean resources may proceed only if the 
        covered action, individually and in combination with other 
        covered actions--
                    (A) is not likely to significantly harm the health 
                of any marine ecosystem; and
                    (B) is not likely to significantly impede the 
                restoration of the health of any marine ecosystem.
            (3) In the case of incomplete or inconclusive information 
        as to the effects of a covered action on United States ocean 
        waters or ocean resources, decisions shall be made in such a 
        way as will ensure protection, maintenance, and restoration of 
        healthy marine ecosystems.
            (4) To the extent practicable, and consistent with other 
        provisions of this Act, including the other National Standards 
        under this subsection, adverse social and economic impacts on 
        communities that are significantly resource dependent shall be 
        minimized. Consideration of impacts on resource dependent 
        communities shall include, but not be limited to, cumulative 
        impacts.
    (b) Rulemaking.--
            (1) Application of national standards to covered actions.--
        Within 12 months after the date of the enactment of this Act, 
        the Administrator, in consultation with the National Oceans 
        Council, shall issue regulations that shall govern the 
        application of the national standards set forth in subsection 
        (a) with respect to covered actions.
            (2) Other regulations.--The Administrator may issue other 
        regulations regarding implementation of subsection (a) as the 
        Administrator considers necessary.

SEC. 202. DETERMINATION OF COMPLIANCE WITH NATIONAL OCEANS POLICY AND 
              NATIONAL STANDARDS.

    (a) Requirement.--Any determination of whether a covered action 
complies with section 201 shall be made in accordance with
            (1) regulations issued under section 201; and
            (2) any applicable Regional Ocean Ecosystem Plan that is 
        approved or prepared by the Administrator under this Act.
    (b) Application of National Standards not Affected.--This section 
shall not be construed as limiting the application of section 201 
before the approval or issuance of a Regional Ocean Ecosystem Plan by 
the Administrator.
    (c) Guidance.--Within 12 months after the date of the enactment of 
this Act, the Administrator, in consultation with the National Oceans 
Council, shall issue detailed guidance to the Regional Ocean Councils, 
based on the national standards listed in section 201, for the issuance 
of Regional Ocean Ecosystem Plans under title VII. The guidance shall 
address--
            (1) assessing and monitoring the health of marine 
        ecosystems;
            (2) how to apply the definition of ``marine ecosystem 
        health'' at the regional level, including establishing marine 
        ecosystem health criteria and indicators;
            (3) predicting the likely effects of proposed covered 
        actions on the health of marine ecosystems, and determining 
        whether those effects are significant;
            (4) facilitating ecosystem-based management of United 
        States ocean waters and ocean resources; and
            (5) the types of covered actions that are likely to have a 
        significant effect on the health of marine ecosystems.
    (d) National Research Council.--To assist the Administrator in 
issuing guidance under subsection (c), the Administrator may request 
the National Research Council to--
            (1) convene a panel with expertise on marine science and 
        the management of ocean resources to develop recommendations; 
        and
            (2) update such recommendations every 5 years.

SEC. 203. IMPLEMENTATION.

    (a) In General.--The head of each Federal agency shall, in 
consultation with the Administrator, ensure that all covered actions of 
the agency comply with the national standards set forth in section 201.
    (b) Compliance Review.--In conducting an environmental review 
authorized under the National Environmental Policy Act of 1969, the 
head of each Federal agency shall, after consultation with the 
Administrator, include in the review an assessment of the impact of the 
proposed covered action on the health of marine ecosystems. The 
Administrator, after considering any findings of the Regional 
Administrator concerned, shall determine whether the proposed covered 
action is in compliance with the policies, national standards, and any 
applicable Regional Ocean Ecosystem Plan that is approved or prepared 
by the Administrator under this Act.
    (c) Changes or Alternatives.--If the Administrator determines that 
a proposed covered action is not in compliance with the policies, 
national standards, and any applicable approved Regional Ocean 
Ecosystem Plan under this Act, the Administrator shall propose changes 
or alternatives to the proposed covered action that would make the 
covered action be in compliance with this Act.
    (d) Resolution of Disputes.--
            (1) Appeal to council.--If the Administrator determines 
        that a proposed covered action is not in compliance with the 
        policies and national standards set forth in this Act, the head 
        of the agency proposing the covered action may appeal the 
        determination to the National Oceans Council.
            (2) Policies and procedures for appeals.--The National 
        Oceans Council shall issue policies and procedures for hearing 
        appeals under this subsection.
            (3) Determination of appeal.--If an appeal is granted, the 
        National Oceans Council shall, by a vote of at least two-thirds 
        of the members of the Council, determine whether or not the 
        proposed covered action is in compliance with the policies and 
        national standards set forth in this Act.
            (4) Conditional determination of compliance.--
                    (A) Conditional determination.--The National Oceans 
                Council may determine that a proposed covered action is 
                in compliance with this Act subject to the agency 
                complying, in conducting the action, with requirements, 
                restrictions, or other conditions established by the 
                National Oceans Council.
                    (B) Compliance with conditions required.--If the 
                National Oceans Council establishes conditions for a 
                proposed covered action under subparagraph (A), the 
                agency may not conduct the action except in compliance 
                with such conditions.
            (5) Referral to president.--If the National Oceans Council 
        does not determine in accordance with paragraph (2) that the 
        proposed covered action is in compliance with the policies and 
        national standards set forth in this Act--
                    (A) the National Oceans Council shall, by vote of a 
                majority of the members of the Council, approve and 
                submit to the President a recommendation for resolving 
                the matter; and
                    (B) the President, after consideration of such 
                recommendations, shall determine whether the proposed 
                covered action is in compliance with the policies and 
                national standards set forth in this Act.
    (e) Ensuring Compliance.--The head of each Federal agency and 
department shall ensure that final covered actions of such agency or 
department comply with this Act, including the implementation of 
changes recommended by the Administrator, the Council, or the 
President.

SEC. 204. STRICTER STANDARDS.

    Nothing in this Act shall be construed to limit the authority of a 
local or State government or the Federal Government to establish more 
stringent standards, requirements, or restrictions within their 
respective jurisdictions, in order to provide greater protection of 
marine ecosystem health (including to be consistent with other 
applicable law), than the protection provided by a Regional Ocean 
Ecosystem Plan that is approved or prepared by the Administrator under 
this Act.

       TITLE III--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

SEC. 301. EXISTENCE IN DEPARTMENT OF COMMERCE; MISSION.

    (a) Establishment.--There shall be in the Department of Commerce 
the National Oceanic and Atmospheric Administration. Reorganization 
Plan No. 4 of 1970 shall have no further force or effect.
    (b) Mission.--The primary mission of the Administration is to--
            (1) act as the non-military Federal agency with 
        responsibility for providing oversight of all United States 
        ocean waters and ocean resources;
            (2) understand and predict changes in the Earth's 
        environment and conserve and manage ocean resources to meet our 
        Nation's economic, social, and environmental needs;
            (3) protect, maintain, and restore the health of marine 
        ecosystems; and
            (4) promote the ecologically sustainable use and management 
        of United States ocean waters and ocean resources.
    (c) Duties.--It is the duty of the Administration to--
            (1) protect, maintain, and restore the health of marine 
        ecosystems through ecosystem-based management in the United 
        States;
            (2) assess climate variability and change to understand and 
        predict climate system dynamics and the impacts of coupled 
        atmosphere/oceans/land systems;
            (3) meet society's diverse and expanding needs for weather-
        related information, and enhance preparedness for responding to 
        weather conditions;
            (4) support research that provides a comprehensive 
        understanding of marine systems to meet the environmental, 
        economic, and public safety needs of the United States;
            (5) use the best available technology to explore and map 
        United States ocean waters, and work collaboratively with other 
        countries to use the best available technology to explore and 
        map their ocean waters, in order to better understand ocean 
        dynamics;
            (6) educate the United States about earth's dynamic 
        biosphere and how humans impact it;
            (7) carry out all functions of entities transferred to the 
        Administration, including by acting as a focal point regarding 
        oceans research and management;
            (8) ensure that people of the United States have access to 
        the full range of environmental, economic, educational, social, 
        cultural, nutritional, and recreational benefits of healthy 
        marine ecosystems; and
            (9) perform functions authorized to be carried out by the 
        National Oceanic and Atmospheric Administration immediately 
        before the enactment of this Act.
    (d) Offices.--There shall be in the Administration the following 
offices:
            (1) The Office of Oceans Ecosystem Management and 
        Protection, which, subject to the other provisions of this Act, 
        shall perform the functions performed immediately before the 
        enactment of this Act by--
                    (A) the National Ocean Service; and
                    (B) the National Marine Fisheries Service.
            (2) The National Weather Service.
            (3) The Office of Oceans and Atmospheric Research and Data 
        Services, which, subject to the other provisions of this Act, 
        shall perform the functions performed immediately before the 
        enactment of this Act by--
                    (A) the Office of Ocean and Atmospheric Research; 
                and
                    (B) the National Environmental Satellite, Data, and 
                Information Service.
            (4) The Office of Education.
            (5) The Office of Personnel, Program, and Facilities 
        Management, which, subject to the other provisions of this Act, 
        shall perform the functions performed immediately before the 
        enactment of this Act by--
                    (A) the Office of Program Planning and Integration; 
                and
                    (B) Office of Marine and Aviation Operations.

SEC. 302. ADMINISTRATOR; FUNCTIONS.

    (a) Administrator.--
            (1) In general.--There is an Under Secretary of Commerce 
        for Oceans and Atmosphere. The Under Secretary shall be the 
        Administrator of the National Oceanic and Atmospheric 
        Administration, and shall be appointed by the President, by and 
        with the advice and consent of the Senate.
            (2) Head of agency.--The Administrator--
                    (A) is the head of the Administration; and
                    (B) shall be responsible for ensuring that the 
                duties of the Administration under section 301(c) are 
                performed.
            (3) Functions vested in administrator.--All functions of 
        all officers, employees, and organizational units of the 
        Administration are vested in the Administrator.
            (4) Pay.--The Administrator shall be paid at the rate of 
        basic pay for level III of the Executive Schedule under section 
        5314 of title 5, United States Code.
    (b) Authorities.--The Administrator--
            (1) except as otherwise provided in this Act, may delegate 
        any of the Administrator's functions to any officer, employee, 
        or organizational unit of the Administration;
            (2) may make contracts, grants, and cooperative agreements, 
        and enter into agreements with other executive agencies, Indian 
        tribes, States, regional agencies, interstate agencies, and 
        local governments, as may be necessary and proper to carry out 
        the Administrator's responsibilities under this Act or as 
        otherwise provided by law;
            (3) shall take reasonable steps to ensure that information 
        systems and databases of the Administration are compatible with 
        each other and with appropriate databases of other agencies;
            (4) has the authority to hire personnel, including the 
        selection, appointment, distribution, supervision, 
        compensation, and separation of personnel;
            (5) may procure services of experts and consultants in 
        accordance with section 3109 of title 5, United States Code;
            (6) shall develop policy and guidance;
            (7) shall perform general management; and
            (8) may prescribe external affairs, including legal, 
        legislative, and public affairs.
    (c) Coordination With Non-Federal Entities.--With respect to the 
duties of the Administration under section 301(c), the Administrator 
shall coordinate with State and local government personnel, agencies, 
and authorities, with the private sector, and with other entities.
    (d) Report to Congress.--The Administrator shall transmit to the 
Congress once every 3 years a report that sets forth--
            (1) the status and condition of the health of marine 
        ecosystems in United States ocean waters;
            (2) past, current, and projected trends in the quality, 
        management, and utilization of United States ocean waters and 
        the effects of those trends on the social, economic, 
        recreational, and other requirements of the United States;
            (3) a review of the programs and covered actions (including 
        regulatory activities) of the Federal Government, State and 
        local governments, and nongovernmental entities or individuals 
        with particular reference to their effect on ocean waters and 
        on the conservation, development, and utilization of ocean 
        resources;
            (4) a description of activities of the Administration to 
        perform its duties under section 301(c) during the period 
        covered by the report; and
            (5) a program for remedying the deficiencies of existing 
        programs and activities, including recommendations for 
        legislation.

SEC. 303. OTHER OFFICERS.

    (a) Deputy Administrator.--
            (1) In general.--There is a Deputy Administrator of the 
        National Oceanic and Atmospheric Administration, who shall be 
        appointed by the Administrator. The position of Deputy 
        Administrator shall be a Senior Executive Service general 
        position authorized under section 3133 of title 5, United 
        States Code.
            (2) Functions.--The Deputy Administrator is--
                    (A) the Administrator's first assistant and serves 
                as an advisor to the Administrator on all program and 
                policy issues;
                    (B) responsible for ensuring the timely and 
                effective implementation of Administration policies and 
                objectives; and
                    (C) acts in the position of the Administrator in 
                the absence or disability of the Administrator, or in 
                the event of a vacancy of that position.
    (b) Assistant Administrators.--
            (1) In general.--There are the following officers with 
        specified functions of the Administration, who shall each be 
        appointed by the Administrator:
                    (A) An Assistant Administrator for Oceans Ecosystem 
                Management and Protection, who shall be the head of the 
                Office of Oceans Ecosystem Management and Protection 
                and shall oversee programs and activities of the 
                Administration relating to marine ecosystem health and 
                ecosystem-based management of United States ocean 
                waters, including--
                            (i) coastal, estuary, Great Lakes, and 
                        ocean management;
                            (ii) watershed monitoring;
                            (iii) coral reefs;
                            (iv) harmful algal blooms;
                            (v) hypoxia;
                            (vi) response and restoration;
                            (vii) fisheries research and management;
                            (viii) protected resources research and 
                        management;
                            (ix) habitat conservation research and 
                        management;
                            (x) enforcement and surveillance services;
                            (xi) marine and estuarine aquaculture;
                            (xii) coastal and estuarine land 
                        conservation and restoration;
                            (xiii) sanctuaries and marine protected 
                        areas;
                            (xiv) invasive species; and
                            (xv) ocean and coastal partnerships.
                    (B) An Assistant Administrator for Weather 
                Services, who shall be the head of the National Weather 
                Service and shall oversee programs and activities of 
                the Administration relating to--
                            (i) weather research;
                            (ii) air quality research; and
                            (iii) weather systems operations and 
                        management.
                    (C) An Assistant Administrator for Oceans and 
                Atmospheric Research and Data Services, who shall be 
                the head of the Office of Oceans and Atmospheric 
                Research and Data Services and shall oversee programs 
                and activities of the Administration relating to oceans 
                and atmospheric science and research, including--
                            (i) oceans, coastal, and Great Lakes 
                        research;
                            (ii) navigation;
                            (iii) coastal and ocean observing systems;
                            (iv) climate research;
                            (v) the National Sea Grant College Program;
                            (vi) the National Undersea Research 
                        Program;
                            (vii) ocean exploration, including as 
                        described in section 1001;
                            (viii) polar research;
                            (ix) environmental satellite observing 
                        systems; and
                            (x) data centers and information services.
                    (D) An Assistant Administrator for Oceans and 
                Atmospheric Education, who shall be the head of the 
                Office of Education and shall oversee programs and 
                activities of the Administration relating to marine 
                education and outreach, including--
                            (i) the JASON Project;
                            (ii) ocean science competition;
                            (iii) educational partnership programs; and
                            (iv) other responsibilities as described in 
                        section 904.
                    (E) An Assistant Administrator for Personnel, 
                Program, and Facilities Management, who shall be the 
                head of the Office of Personnel, Program, and 
                Facilities Management, shall oversee the programs and 
                activities of the Administration relating to general 
                management of personnel, programs, facilities 
                (including all vessels and aircraft), and financial 
                matters, including--
                            (i) program management and direction;
                            (ii) budget formulation, guidance, and 
                        execution;
                            (iii) resource requirements determination 
                        and allocation;
                            (iv) environment, safety, and health 
                        operations; and
                            (v) administration of contracts, real 
                        property, and facilities.
                    (F) A Chief Scientist, who shall be the chair of 
                the Science Advisory Board of the Administration.
                    (G) A General Counsel, who shall--
                            (i) be 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
                            (ii) perform such other functions and 
                        exercise such powers as the Administrator may 
                        prescribe.
            (2) Pay.--The Chief Scientist, General Counsel, and each 
        Assistant Administrator is a Senior Executive Service general 
        position.

SEC. 304. QUALIFICATIONS OF ADMINISTRATION OFFICERS.

    The Chief Scientist, General Counsel, Assistant Administrators, and 
Regional Administrators of the Administration shall be appointed 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.

SEC. 305. TRANSFER OF MARINE MAMMALS MANAGEMENT FUNCTIONS TO THE 
              ADMINISTRATOR.

    There is hereby transferred to the Administrator the function of 
marine mammals management authorized by the Marine Mammal Protection 
Act of 1972 and under the jurisdiction of the United States Fish and 
Wildlife Service immediately before the date of enactment of this Act.

SEC. 306. SCIENCE ADVISORY BOARD.

    (a) In General.--There shall be in the Administration a Science 
Advisory Board, which shall report to the Administrator.
    (b) Purpose.--The purpose of the Science Advisory Board is to 
advise the Administrator on long-range and short-range strategies for 
research, education, and application of science to ocean resource 
management and environmental assessment and prediction.
    (c) Members.--
            (1) In general.--The Science Advisory Board shall consist 
        of not less than 11 members, and not more than 15 members, 
        appointed by the Administrator to assure a balanced 
        representation among scientists, engineers, educators, and 
        science policy experts who are preeminent in their field and 
        have demonstrated experience reflecting the full breadth of the 
        Administration's areas of responsibility.
            (2) Terms.--Members of the Science Advisory Board--
                    (A) shall be appointed for a 3-year term;
                    (B) may be reappointed once; and
                    (C) shall serve at the discretion of the 
                Administrator.
    (d) Compensation and Expenses.--A member of the Science Advisory 
Board shall not receive compensation for service on such board, 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.
    (e) Ethical Standards.--Members of the Science Advisory Board are 
subject to the ethical standards applicable to special Government 
employees.
    (f) Chair.--The Chief Scientist is the chair of the Science 
Advisory Board.
    (g) Meetings.--The Science Advisory Board shall meet at least twice 
a year, and at other times at the call of the Administrator or the 
chair of the Board.
    (h) Administrative Support.--The Administrator shall provide 
administrative support to the Science Advisory Board.

SEC. 307. REPORT OF RECOMMENDATIONS FOR REORGANIZATION TO ESTABLISH A 
              DEPARTMENT OF NATURAL RESOURCES.

    The President shall submit to the Congress by not later than 2 
years after the date of the enactment of this Act recommendations for 
reorganizing functions and components of existing Federal departments 
and agencies for the purpose of establishing a Department of Natural 
Resources having authority for Federal programs relating to land, air, 
and water resources, including freshwater and ocean resources.

                   TITLE IV--NATIONAL OCEANS ADVISOR

SEC. 401. EXECUTIVE ADVISOR; MISSION.

    (a) Establishment.--
            (1) In general.--There is established in the Executive 
        Office of the President a National Oceans Advisor, who shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate.
            (2) 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.
    (b) Duties.--The Advisor shall--
            (1) advise the President on implementation of this Act, 
        activities of the National Oceans Council, section 501, and 
        other covered actions relating to United States ocean waters 
        and marine ecosystem health;
            (2) serve as the Executive Director of the National Oceans 
        Council established by section 501; and
            (3) in consultation with the Administrator, coordinate 
        Federal agency covered actions related to United States ocean 
        waters and marine ecosystem health.

SEC. 402. STAFFING.

    (a) In General.--The Advisor, without regard to the civil service 
laws and regulations governing employment in the competitive service, 
may employ such officers and employees as may be necessary to carry out 
the functions of the National Oceans Advisor under this Act.
    (b) Voluntary and Uncompensated Services.--The Advisor may accept, 
employ, and terminate voluntary and uncompensated services in 
furtherance of the purposes of the Advisor.

                    TITLE V--NATIONAL OCEANS COUNCIL

SEC. 501. ESTABLISHMENT OF COUNCIL; MISSION.

    (a) Establishment.--There is established in the Executive Office of 
the President a National Oceans Council.
    (b) Duties.--The Council shall--
            (1) facilitate interagency coordination on Federal agency 
        covered actions related to United States ocean waters and 
        marine ecosystem health and the implementation of this Act;
            (2) review and appraise the various programs and activities 
        of the Federal Government for consistency with the policy set 
        forth in section 101 and make recommendations to the President 
        with respect thereto no later than 1 year after the date of 
        enactment of this Act;
            (3) resolve interagency disputes regarding marine ecosystem 
        health and in particular the implementation of this Act;
            (4) coordinate and certify agency ocean budgets regarding 
        their sufficiency to achieve the policy set forth in section 
        101; and
            (5) submit to the President and publish at least once every 
        2 years a report on the condition of United States ocean 
        waters.
    (c) Resources.--In carrying out its functions under this Act, the 
Council 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 may cooperate with the 
Council 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 Council, upon request of the 
Council.

SEC. 502. CHAIR; MEMBERSHIP; FUNCTIONS.

    (a) Chair.--The National Oceans Advisor shall be the Chair of the 
Council.
    (b) Membership.--
            (1) In general.--The Council shall have 19 voting members, 
        as follows:
                    (A) The Administrator of the National Oceanic and 
                Atmospheric Administration.
                    (B) The Secretary of State.
                    (C) The Secretary of the Interior.
                    (D) The Secretary of Defense.
                    (E) The Secretary of Agriculture.
                    (F) The Secretary of Transportation.
                    (G) The Secretary of Homeland Security.
                    (H) The Secretary of Education.
                    (I) The Secretary of Energy.
                    (J) The Secretary of Health and Human Services.
                    (K) The Administrator of the Environmental 
                Protection Agency.
                    (L) The Director of the Office of Management and 
                Budget.
                    (M) The Director of the National Science 
                Foundation.
                    (N) Four State governors appointed by the National 
                Governors Association, who shall represent State and 
                local interests.
                    (O) The Administrator of the National Aeronautics 
                and Space Administration.
                    (P) The Chair of the National Research Council 
                Governing Board.
            (2) State governor members.--
                    (A) Terms.--Of the members appointed under 
                paragraph (1)(N)--
                            (i) except as provided in clause (iii), 
                        their term as a member shall be 3 years;
                            (ii) one member shall be appointed to an 
                        initial 3-year term that begins in a Federal 
                        election year in which there occurs an election 
                        of the President;
                            (iii) one member shall be appointed to an 
                        initial 3-year term that begins in a Federal 
                        election year in which there does not occur an 
                        election of the President; and
                            (iv) at least 2 shall be governors of 
                        coastal States.
                    (B) Limitation on appointment.--A governor of a 
                State may not be appointed under paragraph (1)(K) to a 
                term on the Council that begins before the end of the 
                3-year period that begins upon the expiration of a 
                prior term on the Council served by a governor of the 
                State.
    (c) Staff.--
            (1) In general.--The Chair, without regard to the civil 
        service laws and regulations, may employ and terminate such 
        employees as may be necessary to carry out its function under 
        this Act.
            (2) Voluntary and uncompensated services.--The Chair may 
        accept, employ, and terminate voluntary and uncompensated 
        services in furtherance of the purposes of the Council.

SEC. 503. LIMITATIONS ON VOTING.

    (a) Administrator.--The Administrator may not participate in any 
vote of the National Oceans Council on any matter concerning resolution 
of an interagency dispute regarding marine ecosystem health.
    (b) Head of Agency.--A member of the National Oceans Council may 
not participate in any vote of the National Oceans Council on any 
matter concerning resolution of an interagency dispute regarding a 
covered action by a Federal agency that is under the administrative 
jurisdiction of the member.

             TITLE VI--COUNCIL OF ADVISORS ON OCEANS POLICY

SEC. 601. ESTABLISHMENT OF COUNCIL.

    There is established the Council of Advisors on Oceans Policy.

SEC. 602. DUTIES.

    The Council shall advise the President, the National Oceans 
Advisor, and the National Oceans Council on policies to protect, 
maintain, and restore the health of marine ecosystems on a regional and 
national basis.

SEC. 603. MEMBERSHIP.

    (a) In General.--The Council shall have not less than 13 members 
and not more than 17 members (as determined by the President) appointed 
by the President.
    (b) Included Members.--The members of the Council shall include at 
least 1 representative of each of the following:
            (1) State, tribal, and local governments.
            (2) The marine science research community.
            (3) The marine science education community.
            (4) Fisheries.
            (5) Non-fishing marine activities.
            (6) Agriculture, which may include timber.
            (7) Watershed organizations (other than organizations 
        represented under paragraph (8)), which may include resource 
        conservation districts.
            (8) Non-governmental organizations (other than 
        organizations represented under paragraph (7)), including 
        groups interested in marine conservation.
    (c) Terms.--
            (1) In general.--Except as provided in paragraph (2), the 
        term of a member of the Council shall be 3 years.
            (2) Initial appointees.--Of the members initially appointed 
        to the Council--
                    (A) one-half shall be appointed to a 3-year term 
                that ends in a Federal election year in which there 
                occurs an election of the President; and
                    (B) one-half shall be appointed to a 3-year term 
                that ends in a Federal election year in which there 
                does not occur an election of the President;
    (d) Qualification.--Members of the Council shall be appointed based 
on their knowledge and experience in coastal, ocean, and atmospheric 
science, policy, and other related areas.
    (e) 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.
    (f) Limitation.--An individual may not serve more than 2 terms as a 
member of the Council.
    (g) 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.

SEC. 604. MEETINGS.

    The Council shall meet at least 2 times each year and more often at 
the President's discretion.

                      TITLE VII--REGIONAL PLANNING

SEC. 701. FINDINGS.

    The Congress finds the following:
            (1) Ecosystem-based management of United States ocean 
        waters--
                    (A) is needed to protect, maintain, and restore the 
                health of marine ecosystems;
                    (B) may occur at scales larger or smaller than the 
                ocean regions designated by this title;
                    (C) will coordinate among management of 
                terrestrial, atmospheric, and ocean resources;
                    (D) requires partnerships among State, local, 
                tribal, and Federal governments that promote 
                coordination of such governments; and
                    (E) will be greatly enhanced by regional ocean 
                observing systems.

SEC. 702. DESIGNATION OF OCEAN REGIONS; REGIONAL ADMINISTRATORS.

    (a) Establishment of Regions.--There are hereby designated the 
following ocean regions:
            (1) North pacific ocean region.--The North Pacific Ocean 
        Region, which shall consist of United States ocean waters off 
        the coast of the State of Alaska, including such waters of the 
        Arctic Ocean, Bering Sea, and Pacific Ocean seaward of Alaska.
            (2) Pacific ocean region.--The Pacific Ocean Region, which 
        shall consist of United States ocean waters off the coast of 
        the States of California, Oregon, and Washington.
            (3) Western pacific ocean region.--The Western Pacific 
        Ocean Region, which shall consist of United States ocean waters 
        off the coast of the State of Hawaii and of American Samoa, 
        Guam, and the Northern Mariana Islands, including such waters 
        of the Pacific Ocean seaward of the Commonwealths, territories, 
        and possessions of the United States in the Pacific Ocean area.
            (4) Gulf of mexico ocean region.--The Gulf of Mexico Ocean 
        Region, which shall consist of United States ocean waters of 
        the Gulf of Mexico off the coast of the States of Texas, 
        Louisiana, Mississippi, Alabama, and Florida.
            (5) South atlantic ocean region.--The South Atlantic Ocean 
        Region, which shall consist of United States ocean waters of 
        the Atlantic Ocean off the coast of the States of North 
        Carolina, South Carolina, Georgia, and Florida.
            (6) Caribbean ocean region.--The Caribbean Ocean Region, 
        which shall consist of United States ocean waters of the 
        Caribbean Sea and Atlantic Ocean off the coast of the Virgin 
        Islands and the Commonwealth of Puerto Rico.
            (7) Mid-atlantic ocean region.--The Mid-Atlantic Ocean 
        Region, which shall consist of United States ocean waters of 
        the Atlantic Ocean off the coast of the States of New York, New 
        Jersey, Delaware, Pennsylvania, Maryland, and Virginia.
            (8) New england ocean region.--The New England Ocean 
        Region, which shall consist of United States ocean waters of 
        the Atlantic Ocean off the coast of the States of Maine, New 
        Hampshire, Massachusetts, Rhode Island, and Connecticut.
            (9) Great lakes region.--The Great Lakes Region, which 
        shall consist of United States ocean waters of the Great Lakes 
        off the coast of Minnesota, Wisconsin, Illinois, Indiana, 
        Michigan, Ohio, Pennsylvania, and New York.
    (b) National Oceanic and Atmospheric Administration Regional 
Offices.--
            (1) Establishment.--The Administrator shall, by not later 
        than 1 year after the date of the enactment of this Act--
                    (A) establish for each ocean region designated 
                under subsection (a) a National Oceanic and Atmospheric 
                Administration Regional Office, which shall be 
                relatively centrally located in the coastal area of the 
                ocean region; and
                    (B) appoint a Regional Administrator of the 
                National Oceanic and Atmospheric Administration for 
                that region.
            (2) Functions of regional administrators.--A Regional 
        Administrator appointed under paragraph (1) for an ocean region 
        shall--
                    (A) be the head of the National Oceanic and 
                Atmospheric Administration Regional Office established 
                for that region;
                    (B) be responsible for implementation of this title 
                with respect to that ocean region;
                    (C) provide a written opinion to the Administrator 
                on the consistency of a proposed covered action with an 
                approved Regional Ocean Ecosystem Plan;
                    (D) support coordination and information transfer 
                between Regional Oceans Councils and agencies and 
                groups at the international, Federal, State, tribal, 
                territorial, local, and other levels;
                    (E) conduct other tasks as deemed necessary by the 
                Administrator to fulfill the mission of the Agency; and
                    (F) report directly to the Administrator on matters 
                relating to regional implementation of this Act.
            (3) Staff.--The Regional Administrator appointed under 
        paragraph (1) for an ocean region shall appoint staff for the 
        National Oceanic and Atmospheric Administration Regional Office 
        for the ocean region.

SEC. 703. REGIONAL OCEAN COUNCILS.

    (a) Establishment.--The Administrator shall establish, within 120 
days after the date of the enactment of this Act, a Regional Ocean 
Council for each of the regions designated under section 702(a), as 
follows:
            (1) North pacific council.--The North Pacific Regional 
        Ocean Council, which shall include at least 1 representative of 
        the State of Alaska and shall have authority to develop and 
        implement a Regional Ocean Ecosystem Plan as required under 
        section 704 for United States ocean waters of the North Pacific 
        Ocean Region.
            (2) Pacific council.--The Pacific Regional Ocean Council, 
        which shall include at least 1 representative of each of the 
        States of California, Oregon, and Washington, and shall have 
        authority to develop and implement a Regional Ocean Ecosystem 
        plan as required under section 704 for United States ocean 
        waters of the Pacific Ocean Region.
            (3) Western pacific council.--The Western Pacific Regional 
        Ocean Council, which shall include at least 1 representative of 
        each of the State of Hawaii and American Samoa, Guam, and the 
        Northern Mariana Islands and shall have authority to develop 
        and implement a Regional Ocean Ecosystem Plan as required under 
        section 704 for United States ocean waters of the Pacific Ocean 
        Region.
            (4) Gulf of mexico council.--The Gulf of Mexico Regional 
        Ocean Council, which shall include at least 1 representative of 
        each of the States of Texas, Louisiana, Mississippi, Alabama, 
        and Florida and shall have authority to develop and implement a 
        Regional Ocean Ecosystem Plan as required under section 704 for 
        United States ocean waters of the Gulf of Mexico Ocean Region.
            (5) South atlantic council.--The South Atlantic Regional 
        Ocean Council, which shall include at least 1 representative of 
        each of the States of North Carolina, South Carolina, Georgia, 
        and Florida and shall have authority to develop and implement a 
        Regional Ocean Ecosystem Plan as required under section 704 for 
        United Sates ocean waters of the Atlantic Ocean Region.
            (6) Caribbean council.--The Caribbean Regional Ocean 
        Council, which shall include at least 1 representative of each 
        of the Virgin Islands and the Commonwealth of Puerto Rico and 
        shall have authority to develop and implement a Regional Ocean 
        Ecosystem Plan as required under section 704 for United States 
        ocean waters of the Caribbean Ocean Region.
            (7) Mid-atlantic council.--The Mid-Atlantic Regional Ocean 
        Council, which shall include at least 1 representative of each 
        of the States of New York, New Jersey, Delaware, Pennsylvania, 
        Maryland, and Virginia and shall have authority to develop and 
        implement a Regional Ocean Ecosystem Plan as required under 
        section 704 for United States ocean waters of the Atlantic 
        Ocean Region.
            (8) New england council.--The New England Regional Ocean 
        Council, which shall include at least 1 representative of each 
        of the States of Maine, New Hampshire, Massachusetts, Rhode 
        Island, and Connecticut and shall have authority to develop and 
        implement a Regional Ocean Ecosystem Plan as required under 
        section 704 for United States ocean waters of the New England 
        Ocean Region.
            (9) Great lakes council.--The Great Lakes Oceans Council, 
        which shall include at least 1 representative of each of the 
        States of Minnesota, Wisconsin, Illinois, Indiana, Michigan, 
        Ohio, Pennsylvania, and New York and shall have authority to 
        develop and implement a Regional Ocean Ecosystem Plan as 
        required under section 704 for United States ocean waters of 
        the Great Lakes Region.
    (b) Membership.--
            (1) Number.--Each Council shall consist of--
                    (A) the Regional Administrator for the ocean region 
                under the authority of the Council, who shall be the 
                chairperson of the Council; and
                    (B) a number of additional members determined by 
                the Administrator consistent with this subsection.
            (2) Equal numbers of federal and state members.--Of the 
        total number of members of each Council under paragraph 
        (1)(B)--
                    (A) one half shall be Federal representatives 
                appointed under paragraph (3); and
                    (B) one half shall be State representatives 
                appointed under paragraph (4).
            (3) Federal representatives.--
                    (A) In general.--The Administrator, in consultation 
                with the National Oceans Council, shall appoint 
                representatives of the Federal Government to each 
                Council from among officers or employees of Federal 
                agencies or departments whose actions relate to 
                protecting, maintaining, and restoring marine ecosystem 
                health of United States ocean waters.
                    (B) Included agencies.--The members appointed to 
                each Council under this paragraph--
                            (i) may include officers or employees of 
                        the Department of the Interior, the 
                        Environmental Protection Agency, the Corps of 
                        Engineers, and other agencies considered by the 
                        Regional Administrator for the ocean region 
                        under the authority of the Council to be 
                        appropriate to implement ecosystem-based 
                        management; and
                            (ii) shall include an officer or employee 
                        of the Administration.
                    (C) Pacific and north pacific councils.--The 
                members appointed to each of the Pacific Regional Ocean 
                Council and the North Pacific Regional Ocean Council 
                shall include tribal representation.
            (4) State representatives.--
                    (A) State appointments.--The Governor of each 
                State, Commonwealth, territory, and possession of the 
                United States with a representative on a Council under 
                subsection (a) shall appoint as such member of the 
                Council an officer or employee of a State agency having 
                responsibilities relating to marine ecosystem health.
                    (B) Additional appointments.--The Administrator 
                shall appoint to each Council such total number of 
                additional representatives of States, Commonwealths, 
                territories, and possessions of the United States with 
                a representative on the Council under subsection (a) as 
                is necessary to comply with paragraph (2).
    (c) Procedures.--
            (1) In general.--Except as provided in paragraph (2), each 
        Council shall operate in accordance with procedures established 
        by the Council and approved by the Administrator.
            (2) Interim procedures.--Each Council shall operate in 
        accordance with interim procedures prescribed by the 
        Administrator until such time as the Administrator approves 
        procedures established by the Council under paragraph (1).
            (3) Required procedures.--The Administrator shall prescribe 
        requirements for approval of procedures under paragraph (1), 
        and interim procedures for purposes of paragraph (2), including 
        such requirements and interim procedures that address--
                    (A) issues of transparency in decision making; and
                    (B) opportunities for public comment.
    (d) Staff.--
            (1) Hiring authority.--Each Council may hire such staff as 
        is necessary to perform the functions of the Council.
            (2) Treatment.--Staff hired by a Council shall be treated 
        as employees of the Administration.
    (e) Consideration of Other Regional Efforts.--In performing 
functions under this title, each Council shall--
            (1) to the extent practicable and consistent with other 
        provisions of this Act, consider and build on other efforts 
        within the region relating to the ecologically sustainable 
        management of United States ocean waters, including regional 
        ocean observing programs and restoration projects; and
            (2) in cases in which marine ecosystem health may be better 
        ensured by activities at a scale larger or smaller than the 
        ocean region of the Council, make every effort to consider and 
        support such activities.
    (f) International Cooperation.--Each Council is encouraged to 
foster non-binding relationships with foreign governments, agencies, 
States, provinces, and other entities as appropriate, at scales 
appropriate to the region under the authority of the Council, including 
by providing opportunities for non-voting participation by foreign 
representatives at meetings of the Council, its advisory committees, 
and other working groups.

SEC. 704. REGIONAL OCEAN ECOSYSTEM PLANS.

    (a) Requirement.--Each Regional Ocean Council shall, within 5 years 
after the establishment of the Council, prepare and submit to the 
Administrator a Regional Ocean Ecosystem Plan for the ocean region 
under the authority of the Council.
    (b) Contents.--Each Regional Ocean Ecosystem Plan prepared under 
this section shall include, at a minimum, provisions that accomplish 
the following with respect to the ocean region for which it is 
prepared:
            (1) Provide guidance for implementing ecosystem-based 
        management of all United States ocean waters.
            (2) Assess the history and state of the ocean region, 
        including the health of marine ecosystems within the ocean 
        region.
            (3) Identify the key threats to marine ecosystem health and 
        describe ways to address those threats.
            (4) Identify gaps in knowledge and information that would 
        inform ecosystem-based management.
            (5) Prioritize research and conservation efforts needed, 
        including research and conservation carried out by the 
        Administration.
            (6) Provide for the development and monitoring of criteria 
        and indicators, as described in section 202, of the health of 
        marine ecosystems.
            (7) Establish clear and measurable management and 
        restoration goals for marine ecosystem health.
            (8) Provide for the development and implementation of 
        enforceable policies to protect, maintain, and restore marine 
        ecosystem health.
            (9) Comply with the national standards and policy under 
        section 201.
            (10) Assign clear roles and responsibilities regarding 
        efforts to protect, maintain, and restore marine ecosystem 
        health.
            (11) Coordinate with existing ecosystem-based management 
        efforts within the ocean region.
    (c) Review of Plans.--
            (1) Review by administrator.--Upon submission by a Council 
        to the Administrator of a Regional Ocean Ecosystem Plan or 
        amendment to such a plan, the Administrator shall--
                    (A) immediately commence a review of the plan or 
                amendment to determine whether it is consistent with 
                the national standards, the other provisions of this 
                Act, and any other applicable law; and
                    (B) immediately publish in the Federal Register a 
                notice stating that the plan or amendment is available 
                and that written information, views, or comments of 
                interested persons on the plan or amendment may be 
                submitted to the Administrator--
                            (i) during the 120-day period beginning on 
                        the date the notice is published, in the case 
                        of a plan; or
                            (ii) 90-day period beginning on the date 
                        the notice is published, in the case of an 
                        amendment.
            (2) Considerations and consultation.--In undertaking the 
        review required under paragraph (1), the Administrator shall--
                    (A) take into account the information, views, and 
                comments received from interested persons;
                    (B) consult with the Secretary of State with 
                respect to foreign use of United States ocean waters;
                    (C) consult with the Secretary of the department in 
                which the Coast Guard is operating with respect to 
                enforcement at sea; and
                    (D) consult with the Secretary of the Interior and 
                other Federal agencies, as appropriate.
            (3) Approval or disapproval.--
                    (A) Requirement.--The Administrator shall approve, 
                disapprove, or partially approve a Regional Ocean 
                Ecosystem Plan or amendment within 60 days after the 
                end of the comment period under paragraph (1) in the 
                case of a plan, or within 30 days after the end of the 
                comment period under paragraph (1) in the case of an 
                amendment, by written notice to the Council. A notice 
                of disapproval or partial approval shall specify--
                            (i) the applicable law with which the plan 
                        or amendment is inconsistent;
                            (ii) the nature of such inconsistencies; 
                        and
                            (iii) recommendations concerning the 
                        actions that could be taken by the Council to 
                        conform such plan or amendment to the 
                        requirements of applicable law.
                    (B) Automatic effectiveness.--If the Administrator 
                does not notify a Council within 60 days after the end 
                of the comment period in the case of a plan, or within 
                30 days after the end of the comment period in the case 
                of an amendment, of the approval, disapproval, or 
                partial approval of a Regional Ocean Ecosystem Plan or 
                amendment, then such plan or amendment shall take 
                effect as if approved.
            (4) Submission of revisions for full approval.--If the 
        Administrator disapproves or partially approves a Regional 
        Ocean Ecosystem Plan or amendment, the Council may submit a 
        revised plan or amendment to the Administrator for review under 
        this subsection.
            (5) Immediately defined.--For purposes of this subsection, 
        the term ``immediately'' means on or before the 5th day after 
        the day on which a Council transmits to the Administrator a 
        Regional Ocean Ecosystem Plan or amendment to such a plan that 
        the Council characterizes as final.
    (d) Interim Report.--Each Council shall submit to the 
Administrator, by not later than 30 months after the date of completion 
of appointment of the members of the Council, an interim report on 
progress made by the Council in preparing a Regional Ocean Ecosystem 
Plan under this section.
    (e) Preparation by Administrator.--If a Council fails to prepare 
and submit a Regional Ocean Ecosystem Plan in accordance with this 
section within 5 years after the date of the enactment of this Act, the 
Administrator shall prepare such plan within 7 years after the date of 
the enactment of this Act. If a Council fails to have a fully approved 
Regional Ocean Ecosystem Plan for that ocean region within 7 years 
after the date of enactment of this Act, the Administrator shall 
prepare such amendments as necessary to make the plan be in compliance 
with this Act within 8 years after the date of enactment of this Act. 
The Regional Administrator for that ocean region shall be responsible 
for monitoring the progress of the Council's development of the 
Regional Ocean Ecosystem Plan and offering comment regarding the extent 
to which the plan is consistent with this Act.
    (f) Updating of Plans.--Each Council shall review and, as 
appropriate, submit to the Administrator amendments to revise the 
Regional Ocean Ecosystem Plan that applies to the ocean region over 
which it has authority at least once every 8 years.

SEC. 705. CONSISTENCY REQUIREMENTS.

    Each covered action that may significantly affect United States 
ocean waters in an ocean region shall be carried out in a manner that 
is consistent to the fullest extent possible with the enforceable 
policies of any Regional Ocean Ecosystem Plan that is approved or 
prepared by the Administrator under this title.

SEC. 706. REGIONAL OCEAN COUNCIL ADVISORY COMMITTEES.

    (a) Authority.--Each Council may establish and appoint the members 
of advisory committees and working groups as necessary for preparation 
of a Regional Ocean Ecosystem Plan under this title.
    (b) Required Advisory Committees.--Each Council shall establish and 
appoint the members of the following advisory committees:
            (1) A Science Advisory Committee in accordance with 
        subsection (c).
            (2) A Citizens Advisory Committee in accordance with 
        subsection (d).
            (3) An Inland States Advisory Committee in accordance with 
        subsection (e).
    (c) Advice and Input.--The Council, advisory committees, and any 
associated working groups may seek advice and input from any interested 
or knowledgeable person as deemed necessary.
    (d) Science Advisory Committee.--
            (1) Membership.--The Science Advisory Committee established 
        under subsection (b) shall be comprised of an interdisciplinary 
        membership that includes individuals who are qualified by 
        reason of academic background and experience to represent 
        natural and social science fields of study, including biology, 
        ecology, oceanography, atmospheric science, geology, geography, 
        sociology, anthropology, and economics.
            (2) Functions.--The Science Advisory Committee established 
        under subsection (b) shall--
                    (A) provide scientific expertise on the validity 
                and overall approach taken by the Council in its 
                efforts to protect, maintain, and restore the health of 
                marine ecosystems;
                    (B) oversee the peer-review of documents and 
                technical reports produced by the Council and the 
                quality of documents and technical reports used by the 
                Council; and
                    (C) provide consultation to Council staff in their 
                efforts to provide information or guidance requested by 
                the Council, its committees and working groups.
            (3) Effect of recommendations.--The Science Advisory 
        Committee may issue publicly available Implementation 
        Instructions. In such cases, the Council shall, within 90 days 
        of issuance of Implementation Instructions, consult with 
        advisory committees and working groups as deemed appropriate, 
        and--
                    (A) implement the recommendation; or
                    (B) provide publicly available written explanation 
                as to why the Implementation Instructions were not 
                implemented.
            (4) Other guidance.--The Science Advisory Committee may 
        issue guidance and other statements not subject to the above 
        provision.
    (e) Citizens Advisory Committee.--
            (1) Membership.--The Citizens Advisory Committee shall be 
        comprised of nongovernmental members of the public, including, 
        but not limited to, a wide range of citizens interested in 
        multiple uses of United States ocean waters and ocean 
        resources.
            (2) Functions.--The Citizens Advisory Committee shall--
                    (A) provide information about the activities 
                encompassed in, affected by, or pertinent to Regional 
                Ocean Ecosystem Plans;
                    (B) advise the Council as appropriate; and
                    (C) provide consultation to Council staff in their 
                efforts to provide information or guidance requested by 
                the Council, its committees, and working groups.
    (f) Inland States Advisory Committee.--The Inland-States Advisory 
Committee established under subsection (b) shall--
            (1) have a membership that is comprised of representatives 
        of inland States that, according to maps and data of the United 
        States Geological Survey, have jurisdiction over waters that 
        feed into the ocean region over which the Council has 
        authority;
            (2) facilitate communication between such inland States and 
        coastal States regarding important coastal and ocean issues 
        that cannot be solved without inland State participation; and
            (3) provide consultation to Council staff in their efforts 
        to provide information or guidance requested by the Council, 
        its committees, and working groups.
    (g) FACA.--The Federal Advisory Committee Act (5 App. U.S.C.) shall 
not apply to any advisory committee established by a Council.

SEC. 707. FINANCIAL ASSISTANCE TO STATES.

    The Administrator shall provide financial assistance to States for 
expenses incurred in participating on a Regional Ocean Council or an 
Inland States Advisory Committee under this title.

SEC. 708. CITIZEN SUITS.

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

   TITLE VIII--OCEAN SCIENCE, EXPLORATION, AND RESEARCH COORDINATION

SEC. 801. COMMITTEE ON OCEAN SCIENCE, EDUCATION, AND OPERATIONS.

    (a) Committee.--The Chair of the National Oceans Council created 
under section 502 of this Act shall establish a Committee on Ocean 
Science, Education, and Operations (referred to in this Act as the 
``Committee'').
    (b) Membership.--The Committee shall be composed of the following 
members:
            (1) The Administrator.
            (2) The Secretary of the Navy.
            (3) The Director of the National Science Foundation.
            (4) The Administrator of the National Aeronautics and Space 
        Administration.
            (5) The Under Secretary of Energy for Energy, Science, and 
        Environment.
            (6) The Administrator of the Environmental Protection 
        Agency.
            (7) The Under Secretary of Homeland Security for Science 
        and Technology.
            (8) The Commandant of the Coast Guard.
            (9) The Director of the United States Geological Survey.
            (10) The Director of the Minerals Management Service.
            (11) Under Secretary of Agriculture for Research, 
        Education, and Economics.
            (12) The Assistant Secretary of State for Oceans and 
        International Environmental and Scientific Affairs.
            (13) The Director of the Defense Advanced Research Projects 
        Agency.
            (14) The Director of the Office of Science and Technology 
        Policy.
            (15) The Director of the Office of Management and Budget.
            (16) The Under Secretary of Education.
            (17) The leadership of such other Federal agencies and 
        departments as the chair and vice chairs of the Committee 
        consider appropriate.
    (c) Chair and Vice Chairs.--The chair and vice chairs of the 
Committee shall be appointed every two years by a selection 
subcommittee of the Committee composed of, at a minimum, the 
Administrator, the Secretary of the Navy, the Director of the United 
States Geological Survey, and the Director of the National Science 
Foundation. The term of office of the chair and vice chairs shall be 
two years. A person who has previously served as chair or vice chair 
may be reappointed.
    (d) Responsibilities.--The Committee shall--
            (1) serve as the primary source of advice and support on 
        scientific research, technology, education, and operational 
        matters for the National Oceans Council and assist in carrying 
        out the functions of the National Oceans Council as they relate 
        to such matters, including budgetary analyses;
            (2) improve cooperation among Federal departments and 
        agencies with respect to ocean and coastal science budgets;
            (3) develop and recommend to the National Oceans Council 
        the National Strategy for Ocean and Coastal Science under 
        section 802, and oversee its implementation;
            (4) prescribe policies and procedures and provide support 
        for the National Ocean Partnership Program under section 803;
            (5) establish interagency subcommittees and working groups 
        as appropriate to develop comprehensive and balanced Federal 
        programs and approaches to ocean and coastal science issues and 
        needs;
            (6) consult with Regional Ocean Councils and academic, 
        State, industry, foundation, and other partners in the conduct 
        of coastal and marine operations, research, and education and 
        with actual and potential users of ocean science information in 
        establishing priorities and developing plans for research and 
        technology and education;
            (7) cooperate with the Secretary of State in--
                    (A) coordinating United States Government 
                activities with those of other nations and with 
                international research and technology and education 
                relating to or affecting issues addressed by the 
                National Oceans Council; and
                    (B) providing, as appropriate, support for and 
                representation on United States delegations to relevant 
                international meetings; and
            (8) carry out such other activities as the National Oceans 
        Council may require.

SEC. 802. NATIONAL STRATEGY FOR OCEAN AND COASTAL SCIENCE.

    (a) Goals and Priorities.--The Chair of the National Oceans 
Council, after consultation with Regional Ocean Councils established 
under title VII and through the Committee, shall develop a National 
Strategy for Ocean and Coastal Science. The Chair shall submit the 
strategy to the Congress within two years after the date of enactment 
of this Act, and a revised strategy shall be submitted at least once 
every five years thereafter. The strategy shall establish, for the 10-
year period beginning in the year the strategy is submitted, the 
scientific goals and priorities for ocean and coastal research, 
technology, education, and operations which most effectively advance 
knowledge and provide usable information as the basis for policy 
decisions to--
            (1) understand, assess, and respond to human-induced and 
        natural processes of global climate and environmental change;
            (2) improve public forecasts and warnings and mitigate 
        natural hazards;
            (3) enhance safety and efficiency of marine operations to 
        benefit the public, the economy, and the environment;
            (4) support efforts to protect, maintain, and restore the 
        health of marine ecosystems and to implement ecosystem-based 
        management of United States ocean waters and ocean resources, 
        including how marine ecosystems function on varying spatial and 
        temporal scales and how biological, physical, geological, 
        chemical, and socioeconomic processes interact;
            (5) implement and monitor the effectiveness of ocean and 
        coastal environmental policies;
            (6) contribute to public understanding of coastal and 
        global ocean systems and public awareness of the importance and 
        health of marine ecosystems;
            (7) respond to environmental changes that affect human 
        health; and
            (8) strengthen homeland security and military preparedness.
    (b) Strategy.--The strategy shall--
            (1) describe specific activities required to achieve 
        established goals and priorities including research and 
        education programs, observation collection and analysis 
        requirements, technology development, facility and equipment 
        investments, information management, student support and 
        training, data stewardship and access, and participation in 
        international research, education, and other capacity-building 
        efforts;
            (2) identify and address relevant programs and activities 
        of the Federal agencies and departments represented on the 
        Committee that will contribute to scientific goals and 
        priorities and set forth the role of the National Ocean 
        Partnership Program and each Federal agency and department in 
        implementing the strategy;
            (3) consider and use, as appropriate, reports and studies 
        conducted by Federal agencies and departments, Regional Ocean 
        Councils, the National Research Council, or other entities;
            (4) make recommendations for the coordination of ocean and 
        coastal science activities of the United States with those of 
        other nations and international organizations, including 
        bilateral and multilateral proposals for cooperation on major 
        projects, for improving worldwide access to scientific data and 
        information, and for encouraging participation in international 
        ocean science research and education programs by developing 
        nations; and
            (5) estimate, to the extent practicable, Federal funding 
        for ocean and coastal science activities to be conducted 
        pursuant to the strategy.
    (c) Strategic Elements.--The strategy shall provide for, but not be 
limited to, the following elements:
            (1) Global measurements on all relevant spatial and time 
        scales, establishing worldwide observations necessary to study 
        and assess coastal and global ocean systems, including health 
        of marine ecosystems, and support information needs for goals 
        and priorities identified in section 802(a).
            (2) National ocean partnerships, building partnerships 
        among Federal agencies, academia, industries, and other members 
        of the ocean and coastal science community in the areas of 
        research, education, data systems, and communication.
            (3) Marine science facility support, ensuring the 
        procurement, maintenance, and operation of the national 
        oceanographic research fleet and related infrastructure to 
        provide for sustained ocean and coastal observations from in 
        situ, remote, aircraft, and vessel platforms.
            (4) Focused research initiatives, using a competitive 
        process to select and fund grants to advance understanding of, 
        the nature of, and interaction among physical, chemical, 
        geological, and biological processes of the oceans, including 
        the effects of human activities on such processes and 
        assessment and development of methods for restoration of these 
        processes.
            (5) Technology development, supporting development of new 
        technologies and sensors to achieve strategic and program 
        goals, and development of algorithms, analysis methods, and 
        long-term data records for emerging operational sensors.
            (6) Workforce development, building and maintaining a 
        diverse national ocean science professional workforce through 
        traineeships, scholarships, fellowships, and internships.
            (7) Ocean science education, providing national 
        coordination of formal and informal ocean science education 
        programs at all education levels and establishing mechanisms to 
        improve ocean literacy, contribute to public awareness of the 
        importance of healthy marine ecosystems, and create an oceans 
        stewardship ethic among citizens.
            (8) Information management, establishing and maintaining 
        information systems that promote efficient stewardship, 
        transfer, and use of data, create globally accessible data 
        standards and formats, and allow analysis of data from varied 
        sources to produce information readily usable by policymakers 
        and stakeholders.
    (d) Public Participation.--In developing the strategy, the 
Committee shall consult with Regional Ocean Councils and academic, 
State, industry, and environmental groups and representatives. Not 
later than 90 days before the Chair of the Council submits the 
strategy, or any revision thereof, to the Congress, a summary of the 
proposed strategy shall be published in the Federal Register for a 
public comment period of not less than 60 days.

SEC. 803. NATIONAL OCEAN PARTNERSHIP PROGRAM.

    (a) Purposes.--Building on the program established under section 
7901 of title 10, United States Code, the Committee shall strengthen 
and maintain the National Ocean Partnership Program for the purposes 
of--
            (1) coordinating and strengthening ocean and coastal 
        science efforts to promote interagency goals and priorities 
        established in the National Strategy for Ocean and Coastal 
        Science;
            (2) identifying and providing support for partnerships 
        among Federal agencies, academia, industries, and other members 
        of the ocean and coastal science community in the areas of 
        research and technology, education, data systems, observations, 
        and communication;
            (3) monitoring trends in the Federal investment in ocean 
        sciences research and development and in education for marine-
        oriented professions, focusing in particular on Federal 
        workforce needs; and
            (4) reporting to Congress on the progress of partnership 
        activities under the program.
    (b) Selection Criteria.--Partnership projects for implementation 
under the program shall be reviewed, selected, identified, and 
allocated funding based on the following criteria:
            (1) The project addresses critical scientific research or 
        education objectives or operational goals which add value 
        through interagency cooperation.
            (2) The project has broad participation within the marine 
        community.
            (3) The partners have a long-term commitment to the 
        objectives of the project.
            (4) Resources supporting the project are shared among the 
        partners.
            (5) The project includes a plan for education and outreach.
            (6) The project has been subjected to peer review.
    (c) Annual Report.--Not later than March 1 of each year, the 
Committee shall submit to Congress a report on the National Ocean 
Partnership Program. The report shall contain the following:
            (1) A description of activities of the program carried out 
        during the fiscal year before the fiscal year in which the 
        report is prepared, together with a list of the members of the 
        Ocean Research and Education Advisory Panel and any working 
        groups in existence during the fiscal year covered.
            (2) A general outline of the activities planned for the 
        program during the fiscal year in which the report is prepared.
            (3) A summary of projects continued from the fiscal year 
        before the fiscal year in which the report is prepared and 
        projects expected to be started during the fiscal year in which 
        the report is prepared and during the following fiscal year.
            (4) An analysis of trends in ocean-related human resource 
        development, focusing in particular on Federal workforce needs, 
        and in the Federal investment in ocean sciences research and 
        development.
            (5) A description of the involvement of the program with 
        Federal interagency coordinating entities.
            (6) The amounts requested, in the budget submitted to 
        Congress pursuant to section 1105(a) of title 31, United States 
        Code, for the fiscal year following the fiscal year in which 
        the report is prepared, for the programs, projects, and 
        activities of the program and the estimated expenditures under 
        such programs, projects, and activities during such following 
        fiscal year.
    (d) Partnership Program Office.--The Committee shall establish a 
partnership program office for the National Ocean Partnership Program. 
The Committee shall use competitive procedures in selecting an operator 
for the partnership program office and supervise performance of duties 
by such office. Responsibilities of the partnership program office 
shall include--
            (1) establishment and oversight of working groups to 
        identify potential themes suitable for partnership projects to 
        the Committee and recommendations to the Committee on such 
        projects;
            (2) management of the process for proposing partnership 
        projects to the Committee, including the peer review process 
        for such projects;
            (3) preparation and submission to the Committee of the 
        annual status of all partnership projects and activities of the 
        office;
            (4) development and maintenance of a database on 
        investments by Federal agencies in ocean and coastal research 
        and education and on the status of the national ocean and 
        coastal workforce; and
            (5) any additional duties for the administration of the 
        National Ocean Partnership Program or to support Committee 
        activities that the Committee considers appropriate.
    (e) Contract and Grant Authority.--The Committee may authorize 1 or 
more of the departments or agencies represented on the Committee to 
enter into contracts and make grants, using funds appropriated pursuant 
to an authorization for the National Ocean Partnership Program, for the 
purpose of implementing the program and carrying out the 
responsibilities of the National Oceans Council.
    (f) Interagency Financing.--The departments and agencies 
represented on the Committee are authorized to participate in 
interagency financing and share, transfer, receive, and spend funds 
appropriated to any member of the Committee for the purposes of 
carrying out any administrative or programmatic project or activity 
under the National Ocean Partnership Program, including support for a 
common infrastructure and system integration for an ocean observing 
system. Funds may be transferred among such departments and agencies 
through an appropriate instrument that specifies the goods, services, 
or space being acquired from another Committee member and the costs of 
the same.
    (g) Forms of Partnership Projects and Activities.--(1) A 
partnership project or activity under the National Ocean Partnership 
Program may be established by any instrument that the Committee 
considers appropriate, including grants, memoranda of understanding, 
cooperative research and development agreements, and similar 
instruments.
    (2) The Committee shall establish uniform proposal request and 
application procedures and reporting requirements for use by each 
department and agency represented on the Committee that are applicable 
to all projects and activities under the National Ocean Partnership 
Program.
    (3) Projects under the program may include demonstration projects.

SEC. 804. OCEAN RESEARCH AND EDUCATION ADVISORY PANEL.

    (a) Membership.--The Committee shall maintain an Ocean Research and 
Education Advisory Panel consisting of not less than 10 and not more 
than 18 members appointed by the chair, including the following:
            (1) One member representing the National Academy of 
        Sciences.
            (2) One member representing the National Academy of 
        Engineering.
            (3) One member representing the Institute of Medicine.
            (4) Members selected from among individuals representing 
        ocean industries, State governments, academia, nongovernmental 
        organizations, and such other participants in ocean and coastal 
        activities as the chair considers appropriate.
            (5) Members selected from among individuals eminent in the 
        fields of marine science, marine policy, ocean engineering, or 
        related fields.
            (6) Members selected from among individuals eminent in the 
        field of education.
    (b) Term Limits.--Members shall be appointed for 3 years.
    (c) Responsibilities.--The Advisory Panel shall advise the 
Committee on the following:
            (1) Development and implementation of the National Strategy 
        for Ocean and Coastal Science.
            (2) Policies and procedures to implement the National Ocean 
        Partnership Program and on selection of partnership projects 
        and allocation of funds to implement partnership projects under 
        the program.
            (3) Matters relating to national oceanographic data 
        requirements, ocean and coastal observing systems, ocean 
        science education and training, and oceanographic facilities 
        including renewal of the national academic research fleet.
            (4) Any additional matters that the Committee considers 
        appropriate.
    (d) Procedural Matters.--(1) All meetings of the Advisory Panel 
shall be open to the public, except that a meeting or any portion of it 
may be closed to the public if it concerns matters or information that 
pertains to national security, employment matters, litigation, or other 
reasons provided under section 552b of title 5, United States Code. 
Interested persons shall be permitted to appear at open meetings and 
present oral or written statements on the subject matter of the 
meeting. The Advisory Panel may administer oaths or affirmations to any 
person appearing before it.
    (2) All open meetings of the Advisory Panel shall be preceded by 
timely public notice in the Federal Register of the time, place, and 
subject of the meeting.
    (3) Minutes of each meeting shall be kept and shall include a 
record of the people present, a description of the discussion that 
occurred, and copies of all statements filed. Subject to section 552 of 
title 5, United States Code, the minutes and records of all meetings 
and other documents that were made available to or prepared for the 
Advisory Panel shall be available for public inspection and copying at 
a single location in the partnership program office.
    (4) The Federal Advisory Committee Act (5 U.S.C. App.) does not 
apply to the Advisory Panel.
    (e) Funding.--The chair and vice chairs of the Committee annually 
shall make funds available to support the activities of the Advisory 
Panel.

SEC. 805. MARINE ECOSYSTEMS RESEARCH.

    (a) Ecosystem-Based Approaches.--The Administrator shall work with 
the Committee to identify research efforts for improving ecosystem-
based management efforts to protect, maintain, and restore marine 
ecosystem health while accommodating human use and occupancy.
    (b) Marine Biodiversity Research Program.--As part of this effort, 
the Administrator, in cooperation with the Office of Naval Research, 
the National Science Foundation, the Department of Energy, and other 
Federal agencies represented on the Committee, shall establish and 
maintain a ten-year interagency research program to assess and explain 
the diversity, conservation, distribution, functions, and abundance of 
marine organisms in the world's oceans for the purposes of--
            (1) understanding the patterns, causes, processes, and 
        consequences of changing marine biological diversity;
            (2) improving the linkages between marine ecological and 
        oceanographic sciences and guiding ecosystem-based management 
        efforts, so as to protect, maintain, and restore marine 
        ecosystem health;
            (3) strengthening and expanding the field of marine 
        taxonomy, including use of genomics and proteomics;
            (4) facilitating and encouraging the use of new 
        technological advances, predictive models, and historical 
        perspectives to investigate marine biodiversity;
            (5) using new understanding gained through the program to 
        improve predictions of the impacts of human activities on the 
        health of the marine environment, and of the impacts of changes 
        in the health of the marine environment on human well-being; 
        and
            (6) enhancing formal and informal outreach and education 
        efforts through research-generated knowledge, information, and 
        tools.
    (c) Program Elements.--The research program established under this 
section shall provide for, but not be limited to, the following:
            (1) Dynamic access to biological data through an ocean 
        biogeographic information system that links marine databases, 
        manages data generated by the program, and supports analysis of 
        biodiversity and related physical and ecological parameters.
            (2) Integrated regional studies of marine ecosystems that 
        focus on appropriate scales to support ecosystem-based 
        management.
            (3) Improved biological sensors for ocean observing 
        systems.
            (4) Investment in exploration and taxonomy to study little 
        known areas and describe new species.
            (5) Studies of earlier changes in marine populations to 
        trace information on biological abundance, distribution, 
        function, and diversity to the earliest historical periods of 
        minimum human impact.
            (6) Improved predictive capability to enhance the 
        effectiveness of ecosystem-based management and minimize 
        adverse impacts of human activities on United States ocean 
        waters and ocean resources.
    (d) Scientific Assessment.--The Administrator, through the 
Committee, shall prepare and submit to the President and the Congress a 
biennial assessment that--
            (1) integrates, evaluates, and interprets the findings of 
        the program and discusses the scientific uncertainties 
        associated with such findings; and
            (2) analyzes current trends in marine and coastal 
        ecosystems, both human-induced and natural, including marine 
        ecosystem health, and projects major trends for the subsequent 
        decade.

SEC. 806. AUTHORIZATION OF APPROPRIATIONS.

    (a) Partnership Projects and Administration.--There are authorized 
to be appropriated annually to the Department of the Navy, the National 
Science Foundation, the National Oceanic and Atmospheric 
Administration, and the National Aeronautics and Space Administration 
for fiscal year 2005 through fiscal year 2010--
            (1) $25,000,000 for each agency for the National Ocean 
        Partnership Program projects under section 803; and
            (2) at least $600,000 or 3 percent of the amount 
        appropriated for the National Oceanographic Partnership 
        Program, whichever is greater, shall be available for 
        operations of the partnership program office established under 
        section 803.
    (b) Marine Ecosystems Research.--For development and implementation 
of the research program under section 805, there are authorized to be 
appropriated $50,000,000 for each of fiscal years 2005 through 2010.
    (c) Availability.--Sums appropriated under this section shall 
remain available until expended.

                       TITLE IX--OCEAN EDUCATION

SEC. 901. SUBCOMMITTEE ON OCEAN EDUCATION.

    (a) Membership.--The Committee shall establish a Subcommittee on 
Ocean Education (in this title referred to as the ``Subcommittee''). 
Each member of the Committee may designate a senior representative with 
expertise in education to serve on the Subcommittee. The Committee 
shall select a Chair and 1 or more Vice Chairs for the Subcommittee 
from the membership of the Subcommittee.
    (b) Responsibilities.--The Subcommittee shall--
            (1) support and advise the Committee and the National 
        Oceans Council on matters related to ocean and coastal 
        education for the purpose of increasing the overall 
        effectiveness and productivity of Federal education and 
        outreach efforts;
            (2) provide recommendations on education goals and 
        priorities for and implementation of the National Strategy for 
        Ocean and Coastal Science developed under section 802 and 
        guidance for educational investments;
            (3) coordinate Federal ocean and coastal education 
        activities for students at all levels, including funding for 
        educational opportunities at the undergraduate, graduate; and 
        postdoctoral levels;
            (4) identify and work to establish linkages among Federal 
        programs and those of States, academic institutions, museums 
        and aquaria, industry, foundations, and other nongovernmental 
        organizations;
            (5) facilitate Federal agency efforts to work with 
        minority-serving institutions and historically black colleges 
        and universities, and also with traditionally majority-serving 
        institutions, to ensure that students of underrepresented 
        groups have access to and support for pursuing ocean-related 
        careers;
            (6) lead development of effective strategies with common 
        perspectives and messages for formal and informal ocean and 
        coastal education efforts; and
            (7) carry out such other activities as the Committee and 
        the National Oceans Council request.

SEC. 902. OCEAN AND COASTAL EDUCATION PROGRAM.

    (a) Establishment.--Consistent with the National Strategy for Ocean 
and Coastal Science, the Committee, through the Subcommittee, shall 
establish an interagency ocean and coastal education program to improve 
public awareness, understanding, and appreciation of the role of the 
oceans in meeting our Nation's economic, social, and environmental 
needs.
    (b) Scope.--The ocean and coastal education program shall include 
formal education activities for elementary, secondary, undergraduate, 
graduate, and postdoctoral students, continuing education activities 
for adults, and informal education activities for learners of all ages.
    (c) Elements.--The program shall use the National Ocean Partnership 
Program and other appropriate mechanisms and shall, at a minimum, 
provide sustained funding for the following:
            (1) A national network of centers for ocean science 
        education excellence to improve the acquisition of knowledge by 
        students at all levels.
            (2) A regional education network, in coordination with the 
        Regional Ocean Councils, to support academic competition and 
        experiential learning opportunities for high school students.
            (3) Teacher enrichment programs that provide for 
        participation in research expeditions, voyages of exploration, 
        and the conduct of scientific research.
            (4) Development of model instructional programs for 
        students at all levels.
            (5) Student training and support to provide diverse ocean-
        related education opportunities at the undergraduate, graduate, 
        and postdoctoral levels.
            (6) Mentoring programs and partnerships with minority-
        serving institutions to ensure diversity in the ocean and 
        coastal workforce.
            (7) Dissemination of ocean and coastal information that is 
        relevant for a wider public audience.

SEC. 903. OCEAN SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM.

    (a) Establishment.--(1) The Committee shall establish a National 
Ocean Science and Technology Scholarship Program that is designed to 
recruit and prepare students for careers in the departments or agencies 
that are represented on the Committee (in this section referred to as 
``participating agencies''). The Program shall award scholarships to 
individuals who are selected through a competitive process primarily on 
the basis of academic merit, with consideration given to financial need 
and the goal of promoting the participation of individuals identified 
in section 33 or 34 of the Science and Engineering Equal Opportunities 
Act.
    (2) To carry out the Program, participating agencies shall enter 
into contractual agreements with individuals selected under paragraph 
(1) under which the individuals agree to serve as full-time employees 
of the participating agency, for the period of time to be determined by 
the participating agency, and stated in the contractual agreements, in 
positions needed by the participating agency and for which the 
individuals are qualified, in exchange for receiving a scholarship.
    (b) Eligibility Criteria.--In order to be eligible to participate 
in the Program, an individual must--
            (1) be enrolled or accepted for enrollment as a full-time 
        student at an institution of higher education (as defined in 
        section 101(a) of the Higher Education Act of 1965) in an 
        academic field or discipline described in the list made 
        available under subsection (c);
            (2) be a United States citizen or national; and
            (3) at the time of the initial scholarship award, not be an 
        employee of the department or agency providing the award.
    (c) Program Listing.--The Committee shall make publicly available a 
list of academic programs and fields of study for which scholarships 
under the Program may be used, and shall update the list as necessary.
    (d) Application.--An individual seeking a scholarship under this 
section shall submit an application to a participating agency at such 
time, in such manner, and containing such information, agreements, or 
assurances as the participating agency may require.
    (e) Scholarship Limits.--(1) The participating agency may provide a 
scholarship under the Program for an academic year if the individual 
applying for the scholarship has submitted to the participating agency, 
as part of the application required under subsection (d), a proposed 
academic program leading to a degree in a program or field of study on 
the list made available under subsection (c).
    (2) An individual may not receive a scholarship under this section 
for more than 4 academic years, unless the participating agency grants 
a waiver.
    (3) The dollar amount of a scholarship under this section for an 
academic year shall be established by regulation but shall in no case 
exceed the cost of attendance as such cost is determined in section 472 
of the Higher Education Act of 1965.
    (4) A scholarship provided under this section may be expended for 
tuition, fees, and other authorized expenses as established by 
regulation.
    (5) The participating agency may enter into a contractual agreement 
with an institution of higher education under which the amounts 
provided for a scholarship under this section for tuition, fees, and 
other authorized expenses are paid directly to the institution with 
respect to which the scholarship is provided.
    (f) Period of Service.--(1) The period of service for which an 
individual shall be obligated to serve as an employee of the 
participating agency, except as provided in subsection (h)(2), shall be 
determined by the participating agency as stated in subsection (a)(2).
    (2)(A) Except as provided in subparagraph (B), obligated service 
under paragraph (1) shall begin not later than 60 days after the 
individual obtains the educational degree for which the scholarship was 
provided.
    (B) The participating agency may defer the obligation of an 
individual to provide a period of service under paragraph (1) if the 
participating agency determines that such a deferral is appropriate. 
The Administrator shall prescribe the terms and conditions under which 
a service obligation may be deferred through regulation.
    (g) Repayment.--(1) Scholarship recipients who fail to maintain a 
high level of academic standing, as defined by the participating agency 
by regulation, who are dismissed from their educational institutions 
for disciplinary reasons, or who voluntarily terminate academic 
training before graduation from the educational program for which the 
scholarship was awarded, shall be in breach of their contractual 
agreement and, in lieu of any service obligation arising under such 
agreement, shall be liable to the United States for repayment within 1 
year after the date of default of all scholarship funds paid to them 
and to the institution of higher education on their behalf under the 
agreement, except as provided in subsection (h)(2). The repayment 
period may be extended by the participating agency when determined to 
be necessary.
    (2) Scholarship recipients who, for any reason, fail to begin or 
complete their service obligation after completion of academic 
training, or fail to comply with the terms and conditions of deferment 
established by the participating agency pursuant to subsection 
(f)(2)(B), shall be in breach of their contractual agreement. When 
recipients breach their agreements for the reasons stated in the 
preceding sentence, the recipient shall be liable to the United States 
for an amount equal to--
            (A) the total amount of scholarships received by such 
        individual under this section; plus
            (B) the interest on the amounts of such awards which would 
        be payable if at the time the awards were received they were 
        loans bearing interest at the maximum legal prevailing rate, as 
        determined by the Treasurer of the United States, multiplied by 
        3.
    (h) Cancellation or Waiver.--(1) Any obligation of an individual 
incurred under the Program (or a contractual agreement thereunder) for 
service or payment shall be canceled upon the death of the individual.
    (2) The participating agency shall by regulation provide for the 
partial or total waiver or suspension of any obligation of service or 
payment incurred by an individual under the Program (or a contractual 
agreement thereunder) whenever compliance by the individual is 
impossible or would involve extreme hardship to the individual, or if 
enforcement of such obligation with respect to the individual would be 
contrary to the best interests of the Government.

SEC. 904. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OFFICE OF 
              EDUCATION.

    (a) In General.--The Administrator shall conduct, develop, support, 
promote, and coordinate education activities described in section 
902(b) that enhance public awareness and understanding of the science, 
service, and stewardship missions of the National Oceanic and 
Atmospheric Administration. In planning activities under this section, 
the Administrator shall consult with the Subcommittee and build upon 
the educational programs and activities of the National Sea Grant 
College Program, the National Marine Sanctuary Program, the National 
Oceanic and Atmospheric Administration Office of Ocean Exploration, and 
the National Estuarine Research Reserve System. Authorized activities 
shall include education of the general public, teachers, students at 
all levels, and ocean and coastal managers and stakeholders. In 
carrying out educational activities, the Administrator may enter into 
grants, contracts, cooperative agreements, resource sharing agreements, 
or interagency financing with Federal, State, and regional agencies, 
tribes, commercial organizations, educational institutions, nonprofit 
organizations, or other persons.
    (b) Establishment.--As set forth in title III, the Administrator 
shall establish an Office of Education to provide interagency and 
intraagency coordination of the education activities of the National 
Oceanic and Atmospheric Administration and to ensure full participation 
in the ocean and coastal education program established under section 
902. The Office of Education shall promote and provide oversight of 
agency education activities as described in section 303 and shall--
            (1) integrate agency science into high-quality educational 
        materials;
            (2) improve access to National Oceanic and Atmospheric 
        Administration educational resources;
            (3) support educator professional development programs to 
        improve understanding and use of agency sciences;
            (4) promote participation in agency-related sciences and 
        careers, particularly by members of underrepresented groups;
            (5) leverage partnerships to enhance formal and informal 
        environmental science education;
            (6) build capability within the agency for educational 
        excellence; and
            (7) create and implement effective approaches to 
        disseminate agency products and ocean information to the 
        general public.
    (c) Educational Partnership Program.--The Administrator shall 
establish an educational partnership with minority-serving institutions 
to provide support for cooperative science centers, an environmental 
entrepreneurship program, a graduate sciences program, an undergraduate 
scholarship program, and other activities as required to meet program 
objectives.

SEC. 905. AMENDMENT TO THE NATIONAL SEA GRANT COLLEGE PROGRAM ACT.

     Section 212(a) of the National Sea Grant College Program Act (33 
U.S.C. 1131(a)) is amended by adding at the end the following new 
paragraph:
            ``(3) Marine and aquatic science education.--In addition to 
        the amounts authorized for each fiscal year under paragraphs 
        (1) and (2), there are authorized to be appropriated for marine 
        and aquatic science education for each of fiscal years 2005 
        through 2010--
                    ``(A) $6,000,000 in increased funding for the 
                educational activities of sea grant programs;
                    ``(B) $4,000,000 for competitive grants for 
                projects and research that target national and regional 
                marine and aquatic science literacy; and
                    ``(C) $4,000,000 for competitive grants to support 
                educational partnerships under the ocean and coastal 
                education program established under section 902 of the 
                Oceans Conservation, Education, and National Strategy 
                for the 21st Century Act or other appropriate 
                mechanism.''.

SEC. 906. NATIONAL OCEAN AWARENESS MEDIA CAMPAIGN.

    (a) Findings.--The Congress finds the following:
            (1) Ninety-five percent of the deep ocean is unexplored and 
        unknown, and is truly the last frontier on Earth for science 
        and civilization.
            (2) The United States has more than 95,000 miles of 
        coastline and more than 50 percent of the population of the 
        United States lives within 50 miles of the United States ocean 
        waters.
            (3) Coastal areas are regions of remarkably high biological 
        productivity, are of considerable importance for a variety of 
        recreational and commercial activities, and provide a vital 
        means of transportation.
            (4) The rich biodiversity of marine organisms provides 
        society with resources that sustain many economically important 
        industries including fisheries and tourism, as well as 
        contributing novel compounds with therapeutic potentials to the 
        biomedical industry.
            (5) One out of six jobs in the United States is marine-
        related.
            (6) One-third of our Gross National Product is produced in 
        coastal areas, where most major cities are located.
            (7) National Science Foundation surveys in 2000 showed that 
        while the majority (greater than 73 percent) of the United 
        States public holds a positive attitude toward science and 
        technology, that same group was only able to correctly answer 
        58 percent of the questions asked about basic scientific 
        concepts. Furthermore, only 26 percent of those surveyed 
        actually understand the nature of scientific inquiry.
            (8) The oceans provide an exciting context in which to 
        teach the fundamental concepts of biology, chemistry, the 
        physical sciences, and mathematics in accordance with the 
        National Science Education Standards (NRC, 1996) and Benchmarks 
        for Science Literacy (AAAS, 1993).
    (b) In General.--The Administrator shall conduct a national media 
campaign in accordance with this section for the purpose of increasing 
public awareness and interest in the oceans, through mass media 
advertising.
    (c) Use of Funds.--
            (1) In general.--Amounts made available to carry out this 
        section for the media campaign may only be used for the 
        following:
                    (A) The research, development, production, and 
                launch of a multimedia campaign.
                    (B) Evaluation of the effectiveness of the 
                multimedia campaign.
                    (C) Media monitoring.
                    (D) Distribution (public relations and grassroots 
                community based outreach).
                    (E) Partnerships with community, civic, and 
                professional groups and government organizations 
                related to the media campaign.
            (2) Specific requirements.--
                    (A) Evaluation of effectiveness of media 
                campaign.--In using amounts for the evaluation of the 
                effectiveness of the media campaign under paragraph 
                (1)(B), the Administrator shall--
                            (i) designate an independent entity to 
                        evaluate annually the effectiveness of the 
                        national media campaign based on data from--
                                    (I) public feedback; and
                                    (II) other relevant studies or 
                                publications, as determined by the 
                                Administrator, including tracking and 
                                evaluation data collected according to 
                                marketing and advertising industry 
                                standards; and
                            (ii) ensure that the effectiveness of the 
                        media campaign is evaluated in a manner that 
                        enables consideration of whether the media 
                        campaign has contributed to increasing the 
                        ocean literacy of the public and such other 
                        measures of evaluation as the Director 
                        determines are appropriate.
                    (B) Purchase of advertising time and space.--For 
                each fiscal year, not less than 77 percent of the 
                amounts appropriated under this section shall be used 
                for the purchase of advertising time and space for the 
                media campaign.
                    (C) Advertising.--In carrying out this section, the 
                Administrator shall devote sufficient funds to the 
                advertising portion of the national media campaign to 
                meet the goals of the campaign.
                    (D) Prohibitions.--None of the amounts made 
                available to carry out this section may be obligated or 
                expended for any of the following:
                            (i) To supplant current oceans community-
                        based coalitions.
                            (ii) To supplant pro bono public service 
                        time donated by national and local broadcasting 
                        networks for other public service campaigns.
                            (iii) For partisan political purposes, or 
                        express advocacy in support of or to defeat any 
                        clearly identified candidate, clearly 
                        identified ballot initiative, or clearly 
                        identified legislative or regulatory proposal.
                            (iv) To fund advertising that features any 
                        elected officials, persons seeking elected 
                        office, cabinet level officials, or other 
                        Federal officials employed pursuant to section 
                        213 of schedule C of title 5, Code of Federal 
                        Regulations.
                            (v) To fund advertising that does not 
                        contain a primary message intended to increase 
                        awareness and promote the protection, 
                        maintenance, and restoration of marine 
                        ecosystem health.
                            (vi) To fund advertising containing a 
                        primary message intended to promote support for 
                        the media campaign or private sector 
                        contributions to the media campaign.
                    (E) Financial and performance accountability.--The 
                Administrator shall cause to be performed--
                            (i) audits and reviews of costs of the 
                        media campaign pursuant to section 304C of the 
                        Federal Property and Administrative Services 
                        Act of 1949 (41 U.S.C. 254d); and
                            (ii) an audit of the cost of the media 
                        campaign described in section 306 of such Act 
                        (41 U.S.C. 256).
                    (F) Strategic guidance and donations.--The National 
                Marine Sanctuary Foundation shall serve as the primary 
                outside strategic advisor to the media campaign and be 
                responsible for coordinating donations of creative and 
                other services to the campaign, except with respect to 
                advertising created using funds as permitted in this 
                subsection. The Administrator shall inform the National 
                Marine Sanctuary Foundation of the strategic goals of 
                the campaign and consider advice from the National 
                Marine Sanctuary Foundation on media campaign strategy.
                    (G) Report to congress.--The Administrator shall 
                submit on an annual basis a report to Congress that 
                describes--
                            (i) the strategy of the media campaign and 
                        whether specific objectives of the media 
                        campaign were accomplished;
                            (ii) steps taken to ensure that the media 
                        campaign operates in an effective and efficient 
                        manner consistent with the overall strategy and 
                        focus of the media campaign;
                            (iii) plans to purchase advertising time 
                        and space;
                            (iv) policies and practices implemented to 
                        ensure that Federal funds are used responsibly 
                        to purchase advertising time and space and 
                        eliminate the potential for waste, fraud, and 
                        abuse; and
                            (v) all contracts entered into with a 
                        corporation, partnership, or individual working 
                        on behalf of the media campaign.
            (3) National marine sanctuary resources.--In conducting 
        advertising and activities otherwise authorized under this 
        section, the Administrator shall explore opportunities to 
        emphasize the preservation of coral reefs and other national 
        marine sanctuary resources.

SEC. 907. AUTHORIZATION OF APPROPRIATIONS.

    (a) National Ocean and Coastal Education Program.--In addition to 
the amounts authorized annually to the Department of the Navy, the 
National Science Foundation, the National Oceanic and Atmospheric 
Administration, and the National Aeronautics and Space Administration 
for fiscal year 2005 through fiscal year 2010, $25,000,000 is 
authorized to be appropriated for each agency for the ocean and coastal 
education program under section 902.
    (b) Scholarship Program.--Of the amounts authorized annually to the 
Department of the Navy, the National Science Foundation, the National 
Oceanic and Atmospheric Administration, and the National Aeronautics 
and Space Administration for fiscal year 2005 through fiscal year 2010, 
$15,000,000 shall be available for National Ocean Science and 
Technology Scholarships under section 903.
    (c) National Oceanic and Atmospheric Administration.--(1) In 
addition to the amounts authorized under subsections (a) and (b) and 
under the National Sea Grant College Program Act, there is authorized 
to be appropriated to the Administrator $25,000,000 for each of fiscal 
years 2005 through 2010 for education activities under section 904(b).
    (2) There is authorized to be appropriated to the Administrator 
$15,000,000 for each of fiscal years 2005 through 2010 for education 
activities under section 904(c).
    (d) National Ocean Awareness Media Campaign.--Of the amounts 
authorized annually to the National Oceanic and Atmospheric 
Administration, there is authorized to be appropriated to carry out 
section 906, $2,000,000 for each of fiscal years 2005 through 2007.
    (e) Availability.--Sums appropriated under this section shall 
remain available until expended.

                       TITLE X--OCEAN EXPLORATION

SEC. 1001. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OFFICE OF 
              OCEAN EXPLORATION.

    (a) In General.--The Administrator shall--
            (1) conduct, develop, support, promote, and coordinate 
        ocean exploration activities under this section;
            (2) support expeditions, exploration projects, and related 
        field campaigns for the purpose of discovery and documentation 
        of ocean voyages; and
            (3) enhance public awareness and understanding of the 
        science and stewardship missions of the National Oceanic and 
        Atmospheric Administration.
    (b) Planning and Execution.--In planning activities under this 
title, the Administrator shall consult with the Subcommittee 
established under section 1002. In carrying out exploration activities, 
the Administrator may enter into grants, contracts, cooperative 
agreements, resource sharing agreements, or interagency financing with 
Federal, State, and regional agencies, tribes, commercial 
organizations, educational institutions, nonprofit organizations, or 
other persons.
    (c) Establishment.--The Administrator shall establish an Office of 
Ocean Exploration within the Ocean and Atmospheric Research and Data 
Services Office to provide interagency and intraagency coordination of 
the ocean exploration activities of the National Oceanic and 
Atmospheric Administration and to ensure full participation in the 
Subcommittee established under section 1002. The Office of Ocean 
Exploration shall--
            (1) lead and coordinate efforts in ocean discovery;
            (2) explore and inventory the living and nonliving 
        resources of the oceans under jurisdiction of the United 
        States, and throughout the world's oceans;
            (3) support and promote interdisciplinary approaches to 
        ocean investigations;
            (4) engage in education and outreach to increase public 
        awareness and understanding of the oceans, in coordination with 
        the Office of Education;
            (5) provide new resources and facilities for access by 
        researchers;
            (6) provide a multidisciplinary archive of ocean data to 
        serve as a source of basic data upon which to develop 
        hypotheses for further investigation and to capitalize on the 
        wide array of available data;
            (7) create and implement effective approaches to 
        disseminate agency products and ocean information to the 
        general public;
            (8) identify areas that are infrequently explored;
            (9) develop ocean and coastal mapping strategies that 
        identify priority coastal and ocean mapping needs, and cost 
        effective strategies to map those priority areas;
            (10) map the physical, biological, chemical, and 
        archaeological aspects of the ocean;
            (11) develop sensors and systems to promote United States 
        leadership in ocean technology; and
            (12) conduct hypothesis-driven science to understand deep 
        ocean ecosystem patterns, processes, and mechanisms.

SEC. 1002. SUBCOMMITTEE ON OCEAN EXPLORATION.

    (a) Membership.--The Committee shall establish a Subcommittee on 
Ocean Exploration. Each member of the Committee may designate a senior 
representative with expertise in ocean exploration to serve on the 
Subcommittee. The Committee shall select a Chair and 1 or more Vice 
Chairs for the Subcommittee from the membership of the Subcommittee.
    (b) Responsibilities.--The Subcommittee shall--
            (1) support and advise the Committee, the National Oceans 
        Council, and the National Oceanic and Atmospheric 
        Administration Office of Ocean Exploration on matters related 
        to ocean exploration for the purpose of increasing the overall 
        effectiveness and productivity of Federal ocean exploration 
        efforts;
            (2) provide recommendations on ocean exploration goals and 
        priorities for and implementation of the National Strategy for 
        Ocean and Coastal Science developed under section 802 and 
        guidance for ocean exploration investments;
            (3) coordinate with the Subcommittee on Ocean Education to 
        provide for ocean exploration funding and educational 
        opportunities for students at all levels including 
        undergraduate, graduate, and postdoctoral levels;
            (4) identify and work to establish linkages among Federal 
        programs and those of States, academic institutions, museums 
        and aquaria, industry, foundations, and other nongovernmental 
        organizations;
            (5) coordinate with the National Oceanic and Atmospheric 
        Administration Office of Ocean Exploration and other Federal 
        agency efforts to work with minority-serving institutions and 
        historically black colleges and universities, and also with 
        traditionally majority-serving institutions, to ensure that 
        students of underrepresented groups have access to ocean 
        exploration educational opportunities;
            (6) lead development of effective strategies with common 
        perspectives and messages for formal and informal ocean 
        exploration efforts; and
            (7) carry out such other activities as the Committee and 
        the National Oceans Council request.

SEC. 1003. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the National Oceanic and 
Atmospheric Administration to carry out this title--
            (1) $70,000,000 for each of fiscal years 2005 through 2010; 
        and
            (2) $80,000,000 for each of fiscal years 2011 through 2016.

        TITLE XI--OCEAN AND GREAT LAKES CONSERVATION TRUST FUND

SEC. 1101. ESTABLISHMENT OF FUND.

    (a) 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'', in this title referred to as the 
``Fund''. In each fiscal year after fiscal year 2004, the Secretary of 
the Treasury shall deposit into the Fund the following amounts:
            (1) OCS revenues.-- An amount in each such fiscal year from 
        qualified Outer Continental Shelf revenues equal to the 
        difference between $1,300,000,000 and the amounts deposited in 
        the Fund under paragraphs (2) and (3), notwithstanding section 
        9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338).
            (2) Amounts not disbursed.--All allocated but undisbursed 
        amounts returned to the Fund under section 1106(a)(2).
            (3) Interest.--All interest earned under subsection (d).
    (b) Transfer for Expenditure.--The Secretary of the Treasury shall 
transfer amounts deposited into the Fund as follows:
            (1) To the Administrator of the National Oceanic and 
        Atmospheric Administration for purposes of making payments to 
        coastal states only for carrying out their responsibilities for 
        developing and implementing Regional Ocean Ecosystem Plans 
        under title VII--
                    (A) $350,000,000 for fiscal year 2005;
                    (B) $700,000,000 for fiscal year 2006; and
                    (C) $1,000,000,000 for fiscal year 2007 and each 
                fiscal year thereafter.
            (2) To the Administrator for allocation, with concurrence 
        of the National Oceans Council, only for carrying out 
        responsibilities of the Federal Government for development and 
        implementation of Regional Ocean Ecosystem Plans required under 
        title VII--
                    (A) $50,000,000 for fiscal year 2005;
                    (B) $100,000,000 for fiscal year 2006; and
                    (C) $300,000,000 for fiscal year 2007 and each 
                fiscal year thereafter.
    (c) Shortfall.--If amounts referred to in paragraphs (1) through 
(3) of subsection (a) in any fiscal year after fiscal year 2004 are 
less than $1,300,000,000, the amounts transferred under paragraphs (1) 
and (2) of subsection (b) for that fiscal year shall each be reduced 
proportionately.
    (d) Interest.--The Secretary of the Treasury shall invest moneys in 
the Fund (including interest), and in any fund or account to which 
moneys are transferred pursuant to subsection (b) of this section, 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 
moneys shall remain invested until needed to meet requirements for 
disbursement for the programs financed under this Act.
    (e) Refunds.--In those instances in which through judicial 
decision, administrative review, arbitration, or other means there are 
royalty refunds owed to entities generating revenues under this title, 
refunds shall be paid by the Secretary of the Treasury from amounts 
available in the Fund to the extent that such refunds are attributable 
to qualified Outer Continental Shelf revenues deposited in the Fund 
under this Act.
    (f) Intent of Congress to Supplement Annual Appropriations for 
Federal Agencies.--Amounts made available by this Act are intended by 
the Congress to supplement, and not detract from, annual appropriations 
for Federal agencies receiving funding under this title.

SEC. 1102. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR ADMINISTRATION.

    Notwithstanding any other provision of law, of amounts made 
available by 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.

SEC. 1103. RECORDKEEPING REQUIREMENTS.

    The Administrator, in consultation with the National Oceans 
Council, 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.

SEC. 1104. MAINTENANCE OF EFFORT AND MATCHING FUNDING.

    (a) 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.
    (b) 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--
            (1) is attributable to a nonselective reduction in 
        expenditures for the programs of all executive branch agencies 
        of the State or local government; or
            (2) is a result of reductions in State or local revenue as 
        a result of a downturn in the economy.
    (c) Use of Fund 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.

SEC. 1105. SUNSET.

    This title shall have no force or effect after September 30, 2024.

SEC. 1106. COMMUNITY ASSISTANCE FORMULA AND PAYMENTS.

    (a) Conservation Payments to Coastal States.--
            (1) Grant program.--Amounts transferred to the 
        Administrator from the Fund under section 1101(b)(1) for 
        purposes of making payments to coastal States under this title 
        in any fiscal year shall be allocated by the Administrator 
        among coastal States as provided in this section each such 
        fiscal year. In each such fiscal year, the Administrator shall, 
        without further appropriation, disburse such allocated funds to 
        those coastal States for which the Administrator has approved a 
        spending plan under section 1107 and that have met all other 
        requirements of this title. Payments for all projects shall be 
        made by the Administrator to the Governor of the State or to 
        the State official or agency designated by the Governor or by 
        State law as having authority and responsibility to accept and 
        to administer funds paid hereunder. No payment shall be made to 
        any State 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 provide 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.
            (2) Failure to make sufficient progress at developing or 
        implementing a regional ocean ecosystem plan.--At the end of 
        each fiscal year, the Administrator shall return to the Fund 
        any amount that the Administrator allocated, but did not 
        disburse, in that fiscal year to a coastal State that, in the 
        judgment of the Administrator, has failed to make sufficient 
        progress in developing or implementing a Regional Ocean 
        Ecosystem Plan under title VII before the end of the fiscal 
        year in which such grant is allocated, except that the 
        Administrator shall hold in escrow until the final resolution 
        of the appeal any amount allocated, but not disbursed, to a 
        coastal State that has appealed the disapproval of such 
        funding.
    (b) Allocation Among Coastal States.--
            (1) Allocable share for each state.--For each coastal 
        State, the Administrator shall determine the State's allocable 
        share of the total amount transferred from the Fund under 
        section 1101(b)(1) for each fiscal year using the following 
        weighted formula:
                    (A) Thirty-five percent of such amount shall be 
                allocated to each coastal State based on the ratio of 
                each State's shoreline miles to the shoreline miles of 
                all coastal States.
                    (B) Sixty-five percent of such amount shall be 
                allocated to each coastal State based on the ratio of 
                each State's coastal population to the coastal 
                population of all coastal States.
            (2) Minimum state share.--
                    (A) In general.--The allocable share determined by 
                the Administrator under this subsection for each 
                coastal State with a management program approved by the 
                Secretary of Commerce under the Coastal Zone Management 
                Act of 1972 (16 U.S.C. 1451 et seq.), or that is making 
                satisfactory progress toward one, shall not be less in 
                any fiscal year than 0.50 percent of the total amount 
                transferred by the Secretary of the Treasury to the 
                Administrator for that fiscal year under section 
                1101(b)(1). For any other coastal State the allocable 
                share shall not be less than 0.25 percent of such 
                transferred amount.
                    (B) Recomputation.--If 1 or more coastal States' 
                allocable shares, as computed under paragraphs (1) and 
                (2), are increased by any amount under this paragraph, 
                the allocable share for all other coastal States shall 
                be recomputed and reduced by the same amount so that 
                not more than 100 percent of the amount transferred by 
                the Secretary of the Treasury to the Administrator for 
                that fiscal year under section 1101(b)(1) is allocated 
                to all coastal States. The reduction shall be divided 
                pro rata among such other coastal States.
    (c) Payments to Political Subdivisions.--In the case of a coastal 
State, the Governor of the State shall pay 50 percent of the State's 
allocable share, as determined under subsection (b), to the coastal 
political subdivisions in such State. Such payments shall be allocated 
among such coastal political subdivisions of the State according to an 
allocation formula that is based on the coastal population density of 
each coastal political subdivision.
    (d) Time of Payment.--Payments to coastal States and coastal 
political subdivisions under this section shall be made not later than 
December 31 of each year from revenues received during the immediately 
preceding fiscal year.

SEC. 1107. APPROVAL OF STATE FUNDING AND SPENDING PLANS.

    (a) Development and Submission of Regional Ocean Ecosystem Plans.--
Each coastal State seeking to receive grants under this title shall 
participate in the development and implementation of Regional Ocean 
Ecosystem Plans required under title VII.
    (b) Submission of Spending Plan.--Each coastal State seeking 
funding under this title shall submit annually to the Administrator a 
spending plan for funds provided under this title. Such spending plan 
shall describe how the funds provided under this title will be used by 
the State to implement the State's responsibilities and obligations in 
developing and implementing a Regional Ocean Ecosystem Plan.
    (c)  Approval or Disapproval.--
            (1) Requirements.--A coastal State shall receive funding 
        under this title if, in consultation with the National Oceans 
        Council, the Administrator--
                    (A) certifies that such coastal State is 
                participating actively and sufficiently in the 
                development and implementation of a Regional Ocean 
                Ecosystem Plan under title VII;
                    (B) approves a spending plan submitted by such 
                State that specifies how funds provided under this 
                title will be used to meet the State's obligations and 
                responsibilities in developing and implementing a 
                Regional Ocean Ecosystem Plan under title VII; and
                    (C) ensures any payments under this subsection to 
                political subdivisions are consistent under title VII.
            (2) Contents of plans.--In addition to such other 
        requirements as the Administrator by regulation shall 
        prescribe, each State spending plan shall include the 
        following:
                    (A) 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 title.
                    (B) A description of how funds provided under this 
                title will be used to meet the State's responsibilities 
                to develop and implement the applicable Regional Ocean 
                Ecosystem Plan.
                    (C) A description of how the State will evaluate 
                the effectiveness of its efforts to implement a 
                Regional Ocean Ecosystem Plan.
                    (D) Certification by the Governor of the State that 
                ample opportunity has been accorded for public 
                participation in the development and revision of the 
                plan.
                    (E) Measures for taking into account other relevant 
                Federal resources and programs.
            (3) Procedure and timing; revisions.--The Administrator 
        shall approve or disapprove each spending plan submitted in 
        accordance with this section. If a State 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.
            (4) Amendment or revision.--Any amendment to or revision of 
        the plan shall be prepared in accordance with the requirements 
        of this subsection 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.
            (5) Public comment.--Before approving or disapproving a 
        spending plan of a State, amendment, or revision to a plan, the 
        Administrator shall provide for public comment on the State's 
        proposed expenditures for the forthcoming year.
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