[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2939 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2939

   To establish a national policy for our oceans, to strengthen the 
    National Oceanic and Atmospheric Administration, to establish a 
           Committee on Ocean Policy, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 2005

 Mr. Weldon of Pennsylvania (for himself, Mr. Farr, Mr. Allen, and Mr. 
   Saxton) 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 
           Committee on Ocean Policy, 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

                   Subtitle A--National Oceans Policy

Sec. 101. National oceans policy.
                     Subtitle B--National Standards

Sec. 111. National standards.
Sec. 112. Determination of compliance with national oceans policy and 
                            national standards.
Sec. 113. Implementation.
Sec. 114. Stricter standards.
Sec. 115. Citizen suits.
       TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Sec. 201. Existence in Department of Commerce; mission.
Sec. 202. Administrator; functions.
Sec. 203. Other officers.
Sec. 204. Qualifications of Administration officers.
Sec. 205. National Oceanic and Atmospheric Administration Regional 
                            Offices.
Sec. 206. Transfer of marine mammals management functions to the 
                            Administrator.
Sec. 207. Science Advisory Board.
Sec. 208. Report on recommendations for reorganization of Federal 
                            programs.
              TITLE III--OCEAN LEADERSHIP AND COORDINATION

                  Subtitle A--National Oceans Advisor

Sec. 301. Executive Advisor; mission.
Sec. 302. Staffing.
                 Subtitle B--Committee on Ocean Policy

Sec. 311. Establishment of Committee; mission.
Sec. 312. Chair; membership; functions.
Sec. 313. Establishing a coordinated management regime for activities 
                            in federal waters.
            Subtitle C--Council of Advisors on Oceans Policy

Sec. 321. Establishment of Council.
Sec. 322. Duties.
Sec. 323. Membership.
Sec. 324. Meetings.
              TITLE IV--REGIONAL COORDINATION AND PLANNING

Sec. 401. Findings.
Sec. 402. Regional Ocean Partnerships.
Sec. 403. Regional Ocean Strategic Plans.
Sec. 404. National Academy of Sciences study of regional oceans 
                            governance.
Sec. 405. Regulations.
Sec. 406. Other authority.
Sec. 407. Ocean ecosystem resource information systems.
Sec. 408. Authorization of appropriations.
     TITLE V--OCEAN SCIENCE, EXPLORATION, AND RESEARCH COORDINATION

Sec. 501. Committee on Ocean Science, Education, and Operations.
Sec. 502. National Strategy for Ocean and Coastal Science.
Sec. 503. National Ocean Partnership Program.
Sec. 504. Ocean Research and Education Advisory Panel.
Sec. 505. Marine ecosystems research.
Sec. 506. Authorization of appropriations.
                       TITLE VI--OCEAN EDUCATION

Sec. 601. Subcommittee on Ocean Education.
Sec. 602. Ocean and coastal education program.
Sec. 603. National Marine Scholarship Program.
Sec. 604. National Oceanic and Atmospheric Administration Office of 
                            Education.
Sec. 605. Amendment to the National Sea Grant College Program Act.
Sec. 606. Authorization of appropriations.
                      TITLE VII--OCEAN EXPLORATION

Sec. 701. National Oceanic and Atmospheric Administration Office of 
                            Ocean Exploration.
Sec. 702. Subcommittee on Ocean Exploration.
Sec. 703. Authorization of appropriations.
       TITLE VIII--OCEAN AND GREAT LAKES CONSERVATION TRUST FUND

Sec. 801. Establishment of Fund.
Sec. 802. Limitation on use of available amounts for administration.
Sec. 803. Recordkeeping requirements.
Sec. 804. Maintenance of effort and matching funding.
Sec. 805. Community assistance formula and payments.
Sec. 806. Approval of State funding and spending plans.
Sec. 807. Special postage stamp.
Sec. 808. Sunset.

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) Knowledge of the world's oceans is critically important 
        to the operations of the United States Armed Forces, 
        particularly the Navy and Coast Guard operations, and therefore 
        to the national security of the United States.
            (5) Marine, terrestrial, and atmospheric systems are 
        interdependent, requiring that policy, information transfer, 
        and the management of human activities be coordinated across 
        systems.
            (6) Healthy and productive coastal and marine ecosystems 
        are the keys to securing the full range of benefits from ocean 
        resources, including important economic uses such as productive 
        fisheries, for the people of the United States.
            (7) 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;
                    (F) bycatch; and
                    (G) invasive species.
            (8) These threats are exacerbated by the legal and 
        geographic fragmentation of authority over ocean space and 
        ocean resources.
            (9) Activities harming coastal and marine ecosystems 
        jeopardize the economies and social structure of coastal 
        communities dependent on these resources.
            (10) Healthy marine ecosystems provide more goods and 
        services, such as seafood and tourism opportunities, than 
        degraded marine ecosystems.
            (11) 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.
            (12) To better enable the various levels of government with 
        authority over coastal and ocean space, coastal resources, and 
        ocean resources to fulfill their public trust responsibilities, 
        a unified national oceans policy 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 
ecological, 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;
            (6) promoting ecologically sustainable ocean resource use 
        and management by strengthening and empowering ocean 
        governance; and
            (7) enhancing responsible ocean stewardship.

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 201.
            (4) Advisor.--The term ``Advisor'' means the National 
        Oceans Advisor appointed under section 301.
            (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 one human 
        generation to the next, so as not to deny future generations 
        the goods and services that healthy marine ecosystems provide.
            (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 integrated approach to management 
        that--
                    (A) considers the entire ecosystem, including 
                humans;
                    (B) has as its goal the maintenance of ecosystems 
                in a healthy, productive, and resilient condition so 
                that they can provide the services humans want and 
                need;
                    (C) accounts for the interactions among species, 
                activities, and sectors of management;
                    (D) considers the cumulative impacts of different 
                sectors;
                    (E) emphasizes the protection of ecosystem 
                structure, functioning, and key processes;
                    (F) is place-based in focusing on a specific 
                ecosystem and the range of activities affecting it;
                    (G) explicitly accounts for the interconnectedness 
                within systems, recognizing the importance of 
                interactions between many target species or key 
                services and other nontarget species;
                    (H) acknowledges interconnectedness among systems, 
                such as between air, land, and sea; and
                    (I) integrates ecological, social, economic, and 
                institutional perspectives, recognizing their strong 
                interdependences.
            (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'' means being located in 
        the coastal zone as defined in section 304 of the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1453).
            (14) Marine.--The term ``marine'' includes of or relating 
        to United States ocean waters.
            (15) Regional ocean partnerships.--The term ``Regional 
        Ocean Partnerships'' means such a council established by the 
        Administrator under section 402.
            (16) Ocean region.--The term ``ocean region'' means such a 
        region designated under section 402(f).
            (17) 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 one 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.
            (18) 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)).
            (19) 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.).
            (20) Ocean stewardship.--The term ``ocean stewardship'' 
        means the careful and responsible management of coastal and 
        ocean resources by current generations such that it ensures 
        future generations can obtain the full range of benefits from 
        those resources.

      TITLE I--CONGRESSIONAL DECLARATION OF NATIONAL OCEANS POLICY

                   Subtitle A--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 ecological, economic, 
educational, social, cultural, nutritional, recreational, 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 the health 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 
        and participation among all stakeholders;
            (10) provide accountability; and
            (11) foster responsible stewardship of the oceans.

                     Subtitle B--National Standards

SEC. 111. 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 Committee on Ocean 
        Policy, 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. 112. DETERMINATION OF COMPLIANCE WITH NATIONAL OCEANS POLICY AND 
              NATIONAL STANDARDS.

    (a) Requirement.--Any determination of whether a covered action 
complies with section 111 shall be made in accordance with regulations 
issued under section 111.
    (b) Guidance.--Within 12 months after the date of the enactment of 
this Act, the Administrator, in consultation with the Committee on 
Ocean Policy, shall issue detailed guidance regarding the application 
of the national standards under section 111. The guidance shall 
address--
            (1) assessing and monitoring the health of marine 
        ecosystems;
            (2) how to apply the definition of ``marine ecosystem 
        health'', 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) conducting 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.
    (c) National Research Council.--To assist the Administrator in 
issuing guidance under subsection (b), 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. 113. IMPLEMENTATION.

    (a) Compliance Review.--In conducting an environmental review 
authorized under the National Environmental Policy Act of 1969 of a 
proposed covered action, 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.
    (b) Written Opinion.--The Administrator, after considering any 
findings of the Regional Administrator concerned, shall prepare a 
written opinion as to whether the proposed covered action is in 
compliance with the policies, and national standards.
    (c) Changes or Alternatives.--If the Administrator's written 
opinion states that a proposed covered action is not in compliance with 
the policies, or national standards 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) Ensuring Compliance.--The head of each Federal agency and 
department shall ensure that all covered actions of such agency or 
department comply with the policy and national standards set forth in 
sections 101 and 111.

SEC. 114. 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 
stricter 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 the national standards 
under section 111 of this Act. In the case of a conflicting standard, 
requirement, or restriction, the stricter standard, requirement, or 
restriction shall be followed.

SEC. 115. 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; or
            (2) against the Administrator for a failure of the 
        Administrator to perform any act or duty under this Act that is 
        not discretionary.
    (b) Jurisdiction.--The district courts of the United States shall 
have jurisdiction, without regard to the amount in controversy or the 
citizenship of the parties, to enforce this Act or any such regulation 
or to order the Administrator to perform such act or duty, as the case 
may be.
    (c) Venue.--Any suit under this section shall be brought in the 
Federal judicial district in which occurs the violation or failure, as 
applicable.
    (d) Intervention by United States.--In any suit under this section 
in which the United States is not a party, the Attorney General, at the 
request of the Administrator, may intervene on behalf of the United 
States as a matter of right.
    (e) Award of Costs.--The court, in issuing any final order in any 
suit brought under this section, may award costs of litigation 
(including reasonable attorney and expert witness fees) to any party, 
whenever the court determines such award is appropriate.
    (f) Preservation of Other Rights.--This section shall not restrict 
any right that any person or class of persons may have under any 
statute or common law to seek enforcement of any standard or limitation 
or to seek any other relief, including relief against the Administrator 
or a State agency.

       TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

SEC. 201. 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 nonmilitary 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 ecological, economic, educational, social, 
        cultural, nutritional, recreational, and other 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) the Office of Marine and Aviation Operations.

SEC. 202. 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. The term of office 
        of any individual appointed after the date of enactment of this 
        Act to serve as Administrator is 5 years.
            (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 201(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, universities, research 
        institutions, 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;
            (8) may prescribe external affairs, including legal, 
        legislative, and public affairs;
            (9) shall be subject to the policy direction of the 
        Secretary of Commerce, but otherwise shall retain 
        responsibility for decisions regarding the management and 
        administration of the operations of the Administration and 
        shall exercise independent control of its budget allocation, 
        formulation, and expenditures, personnel decisions and 
        processes, procurement, and other administrative and management 
        functions in accordance with this title and other applicable 
        provisions of law; and
            (10) shall submit annual budget requests for the 
        Administration to the Director of the Office of Management and 
        Budget, who shall provide for examination of the budget and 
        programs of the Administration within natural resource 
        programs.
    (c) Coordination With Non-Federal Entities.--With respect to the 
duties of the Administration under section 201(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 ecological, economic, 
        educational, social, cultural, nutritional, 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 201(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. 203. 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) regional coordination and planning;
                            (iii) watershed monitoring;
                            (iv) coral reefs;
                            (v) harmful algal blooms;
                            (vi) hypoxia;
                            (vii) response and restoration;
                            (viii) fisheries research and management;
                            (ix) protected resources research and 
                        management;
                            (x) habitat conservation research and 
                        management;
                            (xi) enforcement and surveillance services;
                            (xii) marine and estuarine aquaculture;
                            (xiii) coastal and estuarine land 
                        conservation and restoration;
                            (xiv) sanctuaries and marine protected 
                        areas;
                            (xv) invasive species; and
                            (xvi) 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 701;
                            (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 national-
                level 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 604.
                    (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. 204. 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. 205. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION REGIONAL 
              OFFICES.

    (a) Establishment.--The Administrator shall, by not later than 1 
year after the date of the enactment of this Act--
            (1) establish for each ocean region designated under 
        section 402 a National Oceanic and Atmospheric Administration 
        Regional Office, which shall be relatively centrally located in 
        the coastal area of the ocean region; and
            (2) appoint a Regional Administrator of the National 
        Oceanic and Atmospheric Administration for that region.
    (b) Functions of Regional Administrators.--A Regional Administrator 
appointed under paragraph (1) for an ocean region shall--
            (1) be the head of the National Oceanic and Atmospheric 
        Administration Regional Office established for that region;
            (2) be responsible for implementation of this Act with 
        respect to that ocean region;
            (3) provide a written opinion to the Administrator on the 
        consistency of proposed covered actions;
            (4) support coordination and information transfer between 
        Regional Oceans Partnerships and agencies and groups at the 
        international, Federal, State, tribal, territorial, local, and 
        other levels;
            (5) conduct other tasks as considered necessary by the 
        Administrator to fulfill the mission of the Administration; and
            (6) report directly to the Administrator on matters 
        relating to regional implementation of this Act.
    (c) 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. 206. 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. 207. 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. 208. REPORT ON RECOMMENDATIONS FOR REORGANIZATION OF FEDERAL 
              PROGRAMS.

    The President, in consultation with the Committee on Ocean Policy, 
shall submit to the Congress by not later than 2 years after the date 
of the enactment of this Act recommendations on, and a plan and 
proposed schedule for--
            (1) the transfer of relevant oceanic or atmospheric 
        programs, functions, services, and associated resources to the 
        National Oceanic and Atmospheric Administration from any other 
        Federal agency;
            (2) consolidation or elimination of oceanic or atmospheric 
        programs, functions, services, or resources within or among 
        Federal agencies, if their consolidation or elimination would 
        not undermine policy goals set forth in this Act; and
            (3) reorganization, including establishment of the 
        Administration as an independent agency, elevation of the 
        Administration to departmental status, or the establishment of 
        a new department that would provide increased national 
        attention and resources to oceanic and atmospheric needs and 
        priorities and promote an integrated ecosystem and watershed-
        based approach.

              TITLE III--OCEAN LEADERSHIP AND COORDINATION

                  Subtitle A--National Oceans Advisor

SEC. 301. 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 Committee on Ocean Policy, section 311, and 
        other covered actions relating to United States ocean waters 
        and marine ecosystem health;
            (2) serve as the Executive Director of the Committee on 
        Ocean Policy established by section 311; and
            (3) in consultation with the Administrator, coordinate 
        Federal agency covered actions related to United States ocean 
        waters and marine ecosystem health.

SEC. 302. 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.

                 Subtitle B--Committee on Ocean Policy

SEC. 311. ESTABLISHMENT OF COMMITTEE; MISSION.

    (a) Establishment.--There is established in the Executive Office of 
the President a Committee on Ocean Policy (in this subtitle referred to 
as the ``Committee''), which succeeds the Committee on Ocean Policy 
established on December 17, 2004, by Executive Order 13366 and shall 
continue the activities of that committee as it was in existence on the 
day before the date of enactment of this Act.
    (b) Duties.--The Committee 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;
            (5) submit to the President and publish at least once every 
        2 years a report on the condition of United States ocean 
        waters; and
            (6) obtain and provide information to facilitate and 
        advance ecosystem-based management of Regional Ocean 
        Partnerships in accordance with title IV.
    (c) Resources.--In carrying out its functions under this Act, the 
Committee may secure directly from any Federal agency or department any 
information it considers to be necessary to carry out its functions 
under this Act. Each such agency or department may cooperate with the 
Committee and, to the extent permitted by law, shall furnish such 
information (other than information described in section 552(b)(1)(A) 
of title 5, United States Code) to the Committee, upon request of the 
Committee.

SEC. 312. CHAIR; MEMBERSHIP; FUNCTIONS.

    (a) Chair.--The Secretary of Commerce shall be the Chair of the 
Committee.
    (b) Membership.--
            (1) In general.--The Committee shall have 20 voting 
        members, as follows:
                    (A) The Secretary of Commerce.
                    (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.
                    (Q) The Chair of the Council on Environmental 
                Quality.
            (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)(N) to a 
                term on the Committee that begins before the end of the 
                3-year period that begins upon the expiration of a 
                prior term on the Committee 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 Committee.

SEC. 313. ESTABLISHING A COORDINATED MANAGEMENT REGIME FOR ACTIVITIES 
              IN FEDERAL WATERS.

    The Committee shall submit to the Congress by not later than 2 
years after the date of the enactment of this Act recommendations on, 
and a plan and proposed schedule for creating, a balanced, ecosystem-
based management regime for activities in Federal waters that--
            (1) considers the use of ocean zoning and cumulative 
        impacts of multiple uses;
            (2) designates a lead Federal agency for each existing 
        activity and new activity in Federal waters;
            (3) ensures that each such lead Federal agency coordinates 
        with other applicable authorities, including States and 
        Regional Ocean Partnerships established under title IV of this 
        Act;
            (4) fully considers the public interest; and
            (5) establishes a set of guiding principles for new 
        activities in Federal waters that ensures the health of marine 
        ecosystems.

            Subtitle C--Council of Advisors on Oceans Policy

SEC. 321. ESTABLISHMENT OF COUNCIL.

    There is established the Council of Advisors on Oceans Policy (in 
this subtitle referred to as the ``Council'').

SEC. 322. DUTIES.

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

SEC. 323. 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) Nonfishing 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) Nongovernmental 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. 324. MEETINGS.

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

              TITLE IV--REGIONAL COORDINATION AND PLANNING

SEC. 401. FINDINGS.

     The Congress finds the following:
            (1) Recent reports by the Commission on Ocean Policy and 
        the Pew Oceans Commission call for a more comprehensive and 
        integrated ecosystem-based management approach to address 
        current and future ocean and coastal challenges.
            (2) Establishing a national network of governance planning 
        bodies at the regional level is essential for solving many 
        pressing United States ocean and coastal issues.
            (3) Several States and regions have developed ocean 
        management strategies that can be used as templates for 
        coordinating among various government entities. A new national 
        framework is needed to extend, integrate, and support these 
        efforts.
            (4) Large marine ecosystems are biogeographically distinct 
        ecosystem units and provide an appropriate spatial scale for 
        ecosystem-based regional ocean governance.
            (5) Because ecosystems do not align with political 
        jurisdictions, regional ocean governance mechanisms must 
        provide for cooperation and collaboration within and among 
        multiple levels of government, including local, State, tribal, 
        and Federal governments.
            (6) Effective regional ocean governance requires 
        transparency and must include ample opportunities for input and 
        participation by stakeholders and the public.
            (7) Additional funding and other resources are necessary to 
        promote regional coordination and collaboration and to 
        implement regional solutions to current and future ocean and 
        coastal management challenges.

SEC. 402. REGIONAL OCEAN PARTNERSHIPS.

    (a) In General.--Within one year after the date of the enactment of 
this Act, the Administrator and appropriate States, in consultation 
with the Committee on Ocean Policy, shall establish a Regional Ocean 
Partnership for each of the ocean regions established by this section 
in order to--
            (1) provide for more systematic communication, 
        collaboration, and integration of Federal and State coastal and 
        ocean environmental and resource management efforts;
            (2) provide for regional ecosystem assessment and 
        information programs to guide management decisions;
            (3) create a strategic plan for and implement adaptive, 
        ecosystem-based management of coastal and ocean resources 
        within ocean regions, building on and complementing local, 
        State, and regional efforts; and
            (4) encourage improved citizen and community stewardship of 
        coastal and ocean resources.
    (b) Guiding Principles.--The guiding principles for Regional Ocean 
Partnerships and Regional Ocean Strategic Plans under this title are--
            (1) to protect, maintain, and restore the health of marine 
        ecosystems, and
            (2) to provide for the ecologically sustainable use and 
        management of ocean and coastal resources.
    (c) Membership.--
            (1) Federal representatives.--
                    (A) In general.--Within 90 days after the date of 
                the enactment of this Act, the Administrator, in 
                consultation with the Committee on Ocean Policy, shall 
                coordinate representatives of the Federal Government to 
                form each Regional Ocean Partnership. Such 
                representatives shall be officers or employees of 
                Federal agencies and departments that have expertise in 
                and oversee ocean and coastal policy or resource 
                management. Each Federal agency or department shall 
                select and appoint their representatives to each 
                Regional Ocean Partnership. The Administrator, or his 
                or her designated representative, shall serve as the 
                chairperson of each Regional Ocean Partnership.
                    (B) Included entities.--The representatives 
                appointed to each Regional Ocean Partnership under this 
                paragraph shall include one or more officers or 
                employees of the Administration, the Department of the 
                Interior, the Environmental Protection Agency, the 
                Department of Agriculture, the Army Corps of Engineers, 
                the Department of Defense, the Department of Homeland 
                Security, the Department of Commerce, and other Federal 
                agencies and departments as necessary.
            (2) State and tribal representatives.--
                    (A) Coastal state appointments.--The Governor of 
                each Coastal State within the ocean region of a 
                Regional Ocean Partnership shall appoint an officer or 
                employee of the State agency with primary 
                responsibility for overseeing ocean and coastal policy 
                or resource management to that Regional Ocean 
                Partnership.
                    (B) Inland state appointment.--Where appropriate, 
                the Administrator shall receive nominations and select 
                one representative from one of the inland States that, 
                according to maps and data of the United States 
                Geological Survey, have jurisdiction over waters that 
                feed into the ocean region for which a Regional Ocean 
                partnership must prepare an ecosystem plan.
                    (C) Western pacific and caribbean regional ocean 
                partnerships.--The Governors of American Samoa, Guam, 
                and the Northern Mariana Islands shall each appoint an 
                officer or employee of the agency with primary 
                responsibility for overseeing ocean and coastal policy 
                or resource management to the Western Pacific Regional 
                Ocean Partnership. The Governors of the Virgin Islands 
                and the Commonwealth of Puerto Rico shall each appoint 
                an officer or employee of the agency with primary 
                responsibility for overseeing ocean and coastal policy 
                or resource management to the Caribbean Regional Ocean 
                Partnership.
                    (D) North pacific regional ocean partnership.--The 
                Governor of the State of Washington shall appoint an 
                officer or employee of the Washington State agency with 
                primary responsibility for overseeing ocean and coastal 
                policy or resource management to the North Pacific 
                Regional Ocean Partnership.
            (3) International representatives.--Where appropriate, each 
        Regional Ocean Partnership shall foster nonbinding 
        relationships with foreign governments, agencies, States, 
        provinces, and other entities as appropriate, at scales 
        appropriate to the region under the authority of a Regional 
        Ocean Partnership, including by providing opportunities for 
        nonvoting participation by foreign representatives at meetings 
        of the Regional Ocean Partnership, its advisory committees, and 
        other working groups.
            (4) Regional fisheries management council representative.--
        The executive director of each Regional Fishery Management 
        Council having jurisdiction over the ocean region of a Regional 
        Ocean Partnership shall serve as a voting member of the 
        Partnership, and shall be considered a Federal representative 
        for the purposes of section 402(c)(6)(A).
            (5) Local government representative.--Where appropriate, 
        the Administrator will receive nominations and select one 
        representative from a coastal political subdivision to 
        represent the interests of local and county governments on the 
        Regional Ocean Partnership.
            (6) Additional appointments.--
                    (A) Totals.--The Administrator shall determine the 
                total number of additional representatives of Indian 
                tribes, Coastal Stateswithin an ocean region of a 
                Regional Ocean Partnership as is necessary to ensure 
                that the combined number of mon-Federal voting 
                representatives equals the number of Federal voting 
                representatives on each Regional Ocean Partnership.
                    (B) Soliciting nominations.--The Administrator 
                shall solicit nominations for qualified governmental 
                officers or employees from Indian tribes, States, 
                Commonwealths, territories, and possessions of the 
                United States within an ocean region of a Regional 
                Ocean Partnership and select nominees to fill any 
                vacant seats on that Regional Ocean Partnership.
                    (C) Selecting nominees.--In selecting among 
                nominees to serve on each Regional Ocean Partnership, 
                the Administrator shall strive to ensure a balanced 
                representation among these governmental entities.
    (d) Advisory Committees.--
            (1) Authority.--Each Regional Ocean Partnership may 
        establish and appoint members of advisory committees and 
        working groups as necessary for preparation of a Regional Ocean 
        Strategic Plan under this title.
            (2) Citizens advisory committee.--Each Regional Ocean 
        Partnership shall establish and appoint members of a Citizens 
        Advisory Committee comprised of nongovernmental members of the 
        public, including a wide range of citizens interested in 
        multiple uses of United States ocean waters and ocean 
        resources.
            (3) Advice and input.--Each Regional Ocean Partnership 
        shall take the advice and input of any Advisory Committee into 
        consideration in the development of a Regional Ocean Strategic 
        Plan.
    (e) Coordination.--
            (1) In general.--Immediately following the appointment of 
        representatives to each Regional Ocean Partnership, the 
        representatives shall take steps to identify opportunities and 
        better coordinate and integrate existing programs or activities 
        with the other governmental entities in the ocean region of the 
        Regional Ocean Partnership.
            (2) Existing programs.--Each Regional Ocean Partnership 
        shall not supplant the functions or authorities of existing 
        regional entities and shall, to the maximum extent possible, 
        build upon current State, multistate, and regional capacity and 
        governance and institutional mechanisms to manage ocean and 
        coastal resources. This shall include mechanisms to--
                    (A) conduct coastal and ocean monitoring, mapping, 
                assessment, and observations;
                    (B) provide for ecologically sustainable growth;
                    (C) restore and conserve habitat;
                    (D) manage State and Federal fisheries;
                    (E) maintain and improve the quality of coastal and 
                ocean waters; and
                    (F) protect and restore the resources of the 
                Nation's coastal zone.
            (3) Inland regions.--Each Regional Ocean Partnership shall 
        collaborate and coordinate as necessary and appropriate with 
        inland States that may significantly impact the health of 
        marine ecosystems in the ocean region.
    (f) Regions.--
            (1) In general.--There are hereby designated the following 
        ocean regions:
                    (A) North pacific ocean region.--The North Pacific 
                Ocean Region, which shall consist of the coastal zone 
                (as defined in section 304 of the Coastal Zone 
                Management Act of 1972 (16 U.S.C. 1453)) and watershed 
                areas of the State of Alaska that have a significant 
                impact on coastal waters of the State of Alaska seaward 
                to the extent of the Exclusive Economic Zone as 
                specified in Presidential Proclamation Number 5030, 
                dated March 10, 1983.
                    (B) Pacific ocean region.--The Pacific Ocean 
                Region, which shall consist of the coastal zone (as 
                defined in section 304 of the Coastal Zone Management 
                Act of 1972 (16 U.S.C. 1453)) and watershed areas of 
                the States that have a significant impact on coastal 
                waters of the States of Washington, Oregon, and 
                California seaward to the extent of the Exclusive 
                Economic Zone as specified in Presidential Proclamation 
                Number 5030, dated March 10, 1983.
                    (C) Western pacific ocean region.--The Western 
                Pacific Ocean Region, which shall consist of the 
                coastal zone (as defined in section 304 of the Coastal 
                Zone Management Act of 1972 (16 U.S.C. 1453)) and 
                watershed areas of the States that have a significant 
                impact on coastal waters of the States of Hawaii, Guam, 
                American Samoa, and the Northern Mariana Islands 
                seaward to the extent of the Exclusive Economic Zone as 
                specified in Presidential Proclamation Number 5030, 
                dated March 10, 1983, including the territorial waters 
                of the Commonwealths, territories, and possessions of 
                the United States in the Pacific Ocean.
                    (D) Gulf of mexico ocean region.--The Gulf of 
                Mexico Ocean Region, which shall consist of the coastal 
                zone (as defined in section 304 of the Coastal Zone 
                Management Act of 1972 (16 U.S.C. 1453)) and watershed 
                areas of the States that have a significant impact on 
                coastal waters of the States of Texas, Louisiana, 
                Mississippi, Alabama, and Florida seaward to the extent 
                of the Exclusive Economic Zone as specified in 
                Presidential Proclamation Number 5030, dated March 10, 
                1983.
                    (E) Caribbean ocean region.--The Caribbean Ocean 
                Region, which shall consist of the coastal zone (as 
                defined in section 304 of the Coastal Zone Management 
                Act of 1972 (16 U.S.C. 1453)) and watershed areas of 
                the States that have a significant impact on coastal 
                waters of the Virgin Islands and the Commonwealth of 
                Puerto Rico seaward to the extent of the Exclusive 
                Economic Zone as specified in Presidential Proclamation 
                Number 5030, dated March 10, 1983, including the 
                territorial waters of the Caribbean Sea and Atlantic 
                Ocean.
                    (F) Southeast atlantic ocean region.--The Southeast 
                Atlantic Ocean Region, which shall consist of the 
                coastal zone (as defined in section 304 of the Coastal 
                Zone Management Act of 1972 (16 U.S.C. 1453)) and 
                watershed areas of the States that have a significant 
                impact on coastal waters of the States of Florida, 
                Georgia, South Carolina, and North Carolina seaward to 
                the extent of the Exclusive Economic Zone as specified 
                in Presidential Proclamation Number 5030, dated March 
                10, 1983.
                    (G) Northeast atlantic ocean region.--The Northeast 
                Atlantic Ocean Region, which shall consist of the 
                coastal zone (as defined in section 304 of the Coastal 
                Zone Management Act of 1972 (16 U.S.C. 1453)) and 
                watershed areas of the States that have a significant 
                impact on coastal waters of the States of Maine, New 
                Hampshire, Massachusetts, Rhode Island, Connecticut, 
                New York, New Jersey, Delaware, Maryland, Pennsylvania, 
                and Virginia seaward to the extent of the Exclusive 
                Economic Zone as specified in Presidential Proclamation 
                Number 5030, dated March 10, 1983.
                    (H) Great lakes region.--The Great Lakes Region, 
                which shall consist of the coastal zone (as defined in 
                section 304 of the Coastal Zone Management Act of 1972 
                (16 U.S.C. 1453)) and watershed areas of the States 
                that have a significant impact on coastal waters of the 
                States of Wisconsin, Minnesota, Michigan, Illinois, 
                Indiana, Ohio, New York, and Pennsylvania to the extent 
                of the territorial waters of the United States in the 
                Great Lakes.
            (2) Subregions.--Each Regional Ocean Partnership may 
        establish such subregions, or geographically specified 
        management areas, as necessary for efficient and effective 
        management of ecosystem problems.
    (g) Procedures.--
            (1) In general.--Except as provided in paragraph (2), each 
        Regional Ocean Partnership shall operate in accordance with 
        procedures established by the Regional Ocean Partnership and 
        approved by the Administrator.
            (2) Interim procedures.--Each Regional Ocean Partnership 
        shall operate in accordance with interim procedures prescribed 
        by the Administrator until such time as the Administrator 
        approves procedures established by the Partnership 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 provide for--
                    (A) transparency in decisionmaking;
                    (B) opportunities for public input and 
                participation; and
                    (C) the use of science, local government, and 
                citizen advisory committees.
    (h) Staff.--
            (1) Hiring authority.--Each Regional Ocean Partnership may 
        hire such staff as is necessary to perform the functions of the 
        Partnership.
            (2) Treatment.--Staff hired by a Regional Ocean Partnership 
        shall be treated as employees of the Administration.
    (i) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the Regional Ocean Partnerships or to any advisory 
committees established under this title.

SEC. 403. REGIONAL OCEAN STRATEGIC PLANS.

    (a) Requirement.--Each Regional Ocean Partnership shall, within 3 
years after establishment of the Partnership, prepare and submit to the 
Administrator and the Committee on Ocean Policy for review and 
consultation and approval by the Administration pursuant to this 
section a Regional Ocean Strategic Plan for the ocean region of the 
Partnership.
    (b) Contents.--Each Regional Ocean Strategic Plan prepared by a 
Regional Ocean Partnership shall, at a minimum, include the following:
            (1) An assessment of the ocean region in order to guide 
        management decisions, including consideration of ecological, 
        economic, educational, social, cultural nutritional, and 
        recreational factors.
            (2) Identification of multiple indicators that measure 
        ecosystem health and the effectiveness of current management 
        efforts, and an analysis of their current status.
            (3) Determination of priority issues within the region and 
        adjoining inland regions and an assessment of the capacity of 
        existing governance mechanisms to address those problems.
            (4) Determination of solutions and specific policies to 
        address the priority problems that take an adaptive, ecosystem-
        based approach.
            (5) Identification of short and long-term ecosystem goals, 
        responsibilities for taking actions to implement solutions to 
        priority problems and to achieve those ecosystem goals, and the 
        necessary resources.
            (6) An analysis of the gaps in authority, coordination, and 
        resources, including funding, that must be filled in order to 
        fully achieve the plan's goals.
            (7) Identification of model programs whose existing 
        infrastructure aid in implementation of the plan.
    (c) Meetings.--Each Regional Ocean Partnership shall meet--
            (1) at least twice each year--
                    (A) during the development of the Regional Ocean 
                Strategic Plan; and
                    (B) after completion of such plan to monitor the 
                implementation of the plan's goals and objectives and 
                develop strategies for adaptive management; and
            (2) at other times at the call of the Administrator.
    (d) Amending Plans.--Each approved Regional Ocean Strategic Plan 
shall be reviewed and revised by the relevant Regional Ocean 
Partnership at least once every five years. Any proposed amendments to 
the plan shall be transmitted to the Administrator for review pursuant 
to this section.
    (e) Action by Administrator.--
            (1) Review of plans.--
                    (A) Commencement of review.--Within 10 days after 
                transmittal of a Regional Ocean Strategic Plan by a 
                Regional Ocean Partnership to the Administrator and the 
                Committee on Ocean Policy, or any amendment to such a 
                plan, the Administrator in consultation with the 
                Committee on Ocean Policy shall commence a review of 
                the plan or amendment.
                    (B) Public notice and comment.--Immediately after 
                receipt of such a plan, the Administrator shall publish 
                in the Federal Register a notice stating that the plan 
                or amendment is available and that public comments may 
                be submitted to the Administrator within 60 days after 
                the date the notice is published.
                    (C) Requirements for approval.--Before approving a 
                Regional Ocean Strategic Plan, or any amendments to 
                such a plan, submitted by a Regional Ocean Partnership, 
                the Administrator, in consultation with the Committee 
                on Ocean Policy, must find that the plan--
                            (i) is consistent with the guiding 
                        principles under section 402(b), and
                            (ii) adequately addresses the required 
                        elements under subsection (b) of this section.
                    (D) Deadline for review.--Within 120 days after 
                transmittal by the Regional Ocean Partnership to the 
                Administrator of a Regional Ocean Strategic Plan, or an 
                amendment to such a plan, the Administrator in 
                consultation with the Committee on Ocean Policy shall 
                approve or disapprove the plan by written notice. If 
                the Administrator disapproves a Regional Ocean 
                Strategic Plan or amendment, the Administrator in 
                consultation with the Committee on Ocean Policy shall 
                make conforming recommendations to the Regional Ocean 
                Partnership. The Regional Ocean Partnership may submit 
                a revised plan or amendment to the Administrator and 
                the Committee on Ocean Policy for review under this 
                title.
            (2) Grants.--The Administrator, subject to the availability 
        of funds in the Ocean and Great Lakes Conservation Trust Fund 
        established in section 801, may award grants to members of a 
        Regional Ocean Partnership, other than representatives of the 
        Federal Government, to cover expenses incurred in developing a 
        draft Ocean and Coastal Strategic Plan or to implement an 
        approved plan.
    (f) Implementation.--
            (1) In general.--Indian tribes, States, Commonwealths, 
        territories and possessions of the United States with a 
        representative on a Regional Ocean Partnership, and the Federal 
        Government shall, to the maximum extent practicable, implement 
        an approved Regional Ocean Strategic Plan consistent with 
        existing legal authorities.
            (2) Recommendations for more resources.--If existing legal 
        authority is inadequate or other resources are needed to 
        successfully implement an approved Regional Ocean Strategic 
        Plan in consultation with the Committee on Ocean Policy, the 
        representatives of Indian tribes, States, Commonwealths, 
        territories and possessions of the United States, and of the 
        Federal Government serving on a Regional Ocean Partnership 
        shall make recommendations to the Congress and States regarding 
        necessary changes.

SEC. 404. NATIONAL ACADEMY OF SCIENCES STUDY OF REGIONAL OCEANS 
              GOVERNANCE.

    (a) Study Required.--The Administrator and the Committee on Ocean 
Policy shall, as soon as practicable, enter into an arrangement with 
the National Research Council of the National Academy of Sciences to 
carry out a study of existing regional and ecosystem-based approaches 
to coastal and ocean governance.
    (b) Matters Included.--The study required by subsection (a) shall 
evaluate--
            (1) current coastal and oceans approaches to ecosystem-
        based management and their effectiveness at maintaining healthy 
        marine ecosystems;
            (2) approaches to regional governance currently in use in 
        the United States; and
            (3) mechanisms for engaging Federal, State, and local 
        governments, special interest groups, and the general public in 
        the management process.
    (c) Recommendations.--In carrying out the study required by 
subsection (a), the National Research Council may develop 
recommendations it considers appropriate and directly related to the 
subject matter of the study. It is the sense of the Congress that the 
National Research Council should develop recommendations on the best 
methods of creating governance structures, specific to each of the 
Regional Ocean Partnerships created in section 402, that include 
ecosystem-based management strategies and broad participation.
    (d) Reports.--The National Research Council shall submit to the 
Administrator, the Committee on Ocean Policy, and each of the Regional 
Ocean Partnerships created in section 402 by not later than one year 
after entering into the arrangement required by subsection (a), a final 
report on the study that includes all findings, conclusions, and 
recommendations. Upon receipt of the final report, each of the Regional 
Ocean Partnerships shall consider and integrate recommendations of the 
National Research Council to improve regional governance structures.
    (e) Provision of Information.--The Administrator and the Regional 
Ocean Partnerships shall, in a timely manner, make available to the 
National Research Council all information that the National Research 
Council considers necessary to carry out its responsibilities under 
this section.
    (f) Rule of Construction.--This section shall not be construed to 
affect section 402.
    (g) Funding.--Of the amounts made available to the National Oceanic 
and Atmospheric Administration pursuant to the authorization of 
appropriations, an appropriate amount shall be available only for 
carrying out the study required by this section.

SEC. 405. REGULATIONS.

    The Administrator shall issue such regulations as the Administrator 
considers necessary to ensure proper administration of this title.

SEC. 406. OTHER AUTHORITY.

    This title shall not be construed as superseding or diminishing the 
authorities and responsibilities, under any other provision of law, of 
the Administrator or any other Federal, State, or tribal officer, 
employee, department, or agency.

SEC. 407. OCEAN ECOSYSTEM RESOURCE INFORMATION SYSTEMS.

    (a) Findings.--The Congress finds the following:
            (1) Ecosystem-based management will require development of 
        an ocean information systems comprised of a set of information 
        management tools and products capable of integrating and 
        disseminating information essential for informed decision-
        making.
            (2) Information generated by ocean monitoring systems, 
        including the National Environmental Observatory Network, will 
        be more useful if fully integrated into resource information 
        systems developed for ecosystem-based management applications. 
        Data from these offshore monitoring programs, coupled with 
        other information on ocean and aquatic ecosystems, will provide 
        a basis for understanding natural and anthropogenic 
        environmental variability, including climate change and the 
        resulting impacts on living marine resources.
            (3) Natural resource information systems have been 
        developed and are presently a successful management tool for 
        onshore uses, including some Pacific Coast watersheds, and they 
        should now be applied to the ocean environment to facilitate 
        ecosystem-based management of the United States oceans waters.
    (b) Establishment.--
            (1) Requirement.--The Administrator shall, within 90 days 
        after the date of the enactment of this Act, establish a 
        network of regional ocean ecosystem resource information 
        systems to act as an organized repository of geophysical, 
        atmospheric, oceanographic, and marine biological data, 
        including genetic research, studies, data, maps, and analyses 
        necessary to the understanding of the ocean ecosystem, and from 
        which to draw information for the establishment of national 
        policies and priorities related to the conservation, use, and 
        management of United States ocean waters and the marine 
        resources therein.
            (2) Included information.--Information maintained in each 
        regional ocean ecosystem resource information system may 
        include--
                    (A) relevant historic or social science information 
                that may aid in the understanding of ocean ecosystems 
                or their management; and
                    (B) published and unpublished research, data, and 
                scientifically peer-reviewed analysis, developed by 
                State agencies, academic or scientific institutions, 
                fishermen's collaborative research programs, and other 
                reliable and relevant information sources.
            (3) Review of included analyses and interpretations.--Each 
        draft analysis and interpretation of data to explain ecosystem 
        relationships that is included in a regional ocean ecosystem 
        resource information system shall be reviewed by qualified 
        experts before being broadly disseminated through the system to 
        the public.
            (4) Contracts and other agreements.--
                    (A) Authority.--The Administrator, subject to the 
                availability of appropriations, may enter into 
                contracts and other agreements with other Federal 
                agencies, State agencies, non-governmental 
                organizations, universities, and private academic 
                institutions for development of portions of each 
                regional ocean ecosystem resource information system.
                    (B) Open-source software and the end-product 
                licenses.--The Administrator shall include in such 
                agreements appropriate provisions requiring use of 
                general public license open-source software and 
                licensing of end-products to the Administration or to 
                any joint authority considered appropriate by the 
                Administrator for efficient regional operations.
            (5) Access to information.--The Administrator shall ensure 
        that information in each regional ocean ecosystem resource 
        information system established under this section shall be 
        readily accessible at no cost, or at nominal cost, to the 
        Congress, all Federal agencies, States, academic and scientific 
        institutions, and the public through the Internet, libraries, 
        and such other mediums as may be appropriate and practical.
    (c) Included Regions and Waters; Schedule.--
            (1) Ocean regions.--The Administrator shall establish by 
        not later than January 1, 2010, a regional ocean ecosystem 
        resource information system for each ocean region.
            (2) Other waters.--The Administrator, in cooperation with 
        the affected States, shall establish by not later than January 
        1, 2015, a regional ocean ecosystem resource information system 
        for each of the following bodies of water:
                    (A) The United States territorial waters of each of 
                the Great Lakes.
                    (B) Long Island Sound.
                    (C) The Gulf of Maine.
                    (D) Chesapeake Bay.
                    (E) The Mississippi River Delta.
                    (F) San Francisco Bay and Delta.
                    (G) The United States territorial waters of Puget 
                Sound.
            (3) Modification of regions and waters.--The Administrator, 
        with respect to the establishment of regional ocean ecosystem 
        resource information systems, and for purposes of 
        administrative convenience and to ensure the timely completion 
        of such systems, may divide the regions and waters referred to 
        in paragraphs (1) and (2) or include other waters not listed in 
        those paragraphs.
    (d) Coordination .--
            (1) Obtaining information.--In establishing regional ocean 
        ecosystem resource information systems, the Administrator--
                    (A) shall cooperate and coordinate with the United 
                States Geological Survey, the United States Fish and 
                Wildlife Service, the Minerals Management Service, the 
                Environmental Protection Agency, the Coast Guard, and 
                the Navy, and all Administration offices, including the 
                National Marine Sanctuaries program and Regional 
                Fishery Management Councils, in order to obtain from 
                such agencies and offices and use all unclassified 
                information necessary for the development and operation 
                of the systems; and
                    (B) may seek to enter into cooperative agreements 
                with States, local governments, universities, or 
                private academic institutions in order to obtain access 
                to information necessary or useful for the development 
                and operation of the systems.
            (2) Avoidance of duplication.--To avoid duplication, in 
        establishing regional ocean ecosystem resource information 
        systems the Administrator shall coordinate with other ocean 
        data acquisition and distribution systems, including the 
        National Geospatial Data Clearinghouse and the Sanctuary 
        Integrated Monitoring Network program of the Administration.
            (3) Integration of watershed, bay, and estuarine 
        information systems.--The Administrator, in recognition of the 
        effects of land-based and watershed uses on ocean ecosystems, 
        shall facilitate to the extent practical the integration of 
        watershed, bay, and estuarine information systems with the 
        appropriate regional ocean ecosystem resource information 
        system.
            (4) International agreements.--The Administrator may, in 
        consultation with the Secretary of State, enter into agreements 
        with the Governments of Canada, Mexico, and the Russian 
        Federation with respect to establishment of regional a ocean 
        ecosystem resource information system for United States coastal 
        waters that abut the territorial waters of any or those 
        countries, for purposes of inclusion in such a system of any 
        information or data that may be necessary or useful in the 
        development and operation of such system.
    (e) Authorization of Appropriations.--For development and 
implementation of the ocean ecosystem resource information systems 
under this section, there is authorized to be appropriated to the 
Administrator $12,000,000 for each of the fiscal years 2007 through 
2011.

SEC. 408. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Administrator for 
carrying out this title, including development, implementation, and 
monitoring of approved Regional Ocean Strategic Plans, $25,000,000 for 
each of fiscal years 2007 through 2011.

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

SEC. 501. COMMITTEE ON OCEAN SCIENCE, EDUCATION, AND OPERATIONS.

    (a) Committee.--The Chair of the Committee on Ocean Policy created 
under subtitle B of title III shall establish a Committee on Ocean 
Science, Education, and Operations.
    (b) Membership.--The Committee on Ocean Science, Education, and 
Operations shall be composed of the following members:
            (1) The Administrator.
            (2) The Secretary of the Navy.
            (3) The Director of the United States Fish and Wildlife 
        Service.
            (4) The Director of the National Science Foundation.
            (5) The Administrator of the National Aeronautics and Space 
        Administration.
            (6) The Under Secretary of Energy for Energy, Science, and 
        Environment.
            (7) The Administrator of the Environmental Protection 
        Agency.
            (8) The Executive Director of the Marine Mammal Commission.
            (9) The Under Secretary of Homeland Security for Science 
        and Technology.
            (10) The Commandant of the Coast Guard.
            (11) The Director of the United States Geological Survey.
            (12) The Director of the Minerals Management Service.
            (13) The Under Secretary of Agriculture for Research, 
        Education, and Economics.
            (14) The Assistant Secretary of State for Oceans and 
        International Environmental and Scientific Affairs.
            (15) The Director of the Defense Advanced Research Projects 
        Agency.
            (16) The Director of the Office of Science and Technology 
        Policy.
            (17) The Director of the Office of Management and Budget.
            (18) The Under Secretary of Education.
            (19) 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 Fish and Wildlife Service, 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 on Ocean Science, Education, 
and Operations shall--
            (1) serve as the primary source of advice and support on 
        scientific research, technology, education, and operational 
        matters for the Committee on Ocean Policy and assist in 
        carrying out the functions of the Committee on Ocean Policy 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 Committee on Ocean Policy 
        the National Strategy for Ocean and Coastal Science under 
        section 502, and oversee its implementation;
            (4) prescribe policies and procedures and provide support 
        for the National Ocean Partnership Program under section 503;
            (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 Partnerships 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 
                Committee on Ocean Policy; 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 Committee on 
        Ocean Policy may require.

SEC. 502. NATIONAL STRATEGY FOR OCEAN AND COASTAL SCIENCE.

    (a) Goals and Priorities.--The Chair of the Committee on Ocean 
Policy, after consultation with Regional Ocean Partnerships established 
under title IV and through the Committee on Ocean Science, Education, 
and Operations, 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, outreach, and 
operations that 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 on Ocean Science, Education, and Operations 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 
        Partnerships, 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 502(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, including approaches to reduce the impact of human 
        activities on 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 on Ocean Science, Education, and Operations shall consult 
with Regional Ocean Partnerships and academic, State, industry, and 
environmental groups and representatives. Not later than 90 days before 
the Chair of the Committee on Ocean Policy 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. 503. NATIONAL OCEAN PARTNERSHIP PROGRAM.

    (a) Purposes.--Building on the program established under section 
7901 of title 10, United States Code, the Committee on Ocean Science, 
Education, and Operations 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 the 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 on Ocean Science, Education, and Operations shall submit to 
the 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 the 
        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 on Ocean Science, 
Education, and Operations shall establish a partnership program office 
for the National Ocean Partnership Program. The Committee on Ocean 
Science, Education, and Operations 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 on Ocean Science, Education, and Operations and 
        recommendations to the Committee on Ocean Science, Education, 
        and Operations on such projects;
            (2) management of the process for proposing partnership 
        projects to the Committee on Ocean Science, Education, and 
        Operations, including the peer review process for such 
        projects;
            (3) preparation and submission to the Committee on Ocean 
        Science, Education, and Operations 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 on 
        Ocean Science, Education, and Operations activities that the 
        Committee on Ocean Science, Education, and Operations considers 
        appropriate.
    (e) Contract and Grant Authority.--The Committee on Ocean Science, 
Education, and Operations may authorize 1 or more of the departments or 
agencies represented on the Committee on Ocean Science, Education, and 
Operations 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 Committee on Ocean Policy.
    (f) Interagency Financing.--The departments and agencies 
represented on the Committee on Ocean Science, Education, and 
Operations are authorized to participate in interagency financing and 
share, transfer, receive, and spend funds appropriated to any member of 
the Committee on Ocean Science, Education, and Operations 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 on Ocean 
Science, Education, and Operations 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 on 
Ocean Science, Education, and Operations considers appropriate, 
including grants, memoranda of understanding, cooperative research and 
development agreements, and similar instruments.
    (2) The Committee on Ocean Science, Education, and Operations shall 
establish uniform proposal request and application procedures and 
reporting requirements for use by each department and agency 
represented on the Committee on Ocean Science, Education, and 
Operations that are applicable to all projects and activities under the 
National Ocean Partnership Program.
    (3) Projects under the program may include demonstration projects.

SEC. 504. OCEAN RESEARCH AND EDUCATION ADVISORY PANEL.

    (a) Membership.--The Committee on Ocean Science, Education, and 
Operations shall maintain an Ocean Research and Education Advisory 
Panel consisting of not less than 10 and not more than 18 members 
appointed by the chair, including the following:
            (1) One member representing the National Academy of 
        Sciences.
            (2) One member representing the National Academy of 
        Engineering.
            (3) One member representing the Institute of Medicine.
            (4) One director of a State Sea Grant program.
            (5) 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.
            (6) Members selected from among individuals eminent in the 
        fields of marine science, marine policy, ocean engineering, or 
        related fields.
            (7) Members selected from among individuals eminent in the 
        field of education.
    (b) 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 on Ocean 
        Science, Education, and Operations 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 on Ocean 
Science, Education, and Operations annually shall make funds available 
to support the activities of the Advisory Panel.

SEC. 505. MARINE ECOSYSTEMS RESEARCH.

    (a) Ecosystem-Based Approaches.--The Administrator shall work with 
the Committee on Ocean Science, Education, and Operations 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, United States Fish and Wildlife 
Service, the Environmental Protection Agency, and other Federal 
agencies represented on the Committee on Ocean Science, Education, and 
Operations, 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 on Ocean Science, Education, and Operations, 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. 506. 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 503; and
            (2) at least $600,000, or 3 percent of the amount 
        appropriated for the National Oceanographic Partnership 
        Program, whichever is greater, for operations of the 
        partnership program office established under section 503.
    (b) Marine Ecosystems Research.--For development and implementation 
of the research program under section 505, there is authorized to be 
appropriated $50,000,000 for each of fiscal years 2007 through 2012.
    (c) Availability.--Sums appropriated under this section shall 
remain available until expended.

                       TITLE VI--OCEAN EDUCATION

SEC. 601. SUBCOMMITTEE ON OCEAN EDUCATION.

    (a) Membership.--The Committee on Ocean Science, Education, and 
Operations shall establish a Subcommittee on Ocean Education (in this 
title referred to as the ``Subcommittee''). Each member of the 
Committee on Ocean Science, Education, and Operations may designate a 
senior representative with expertise in education to serve on the 
Subcommittee. The Committee on Ocean Science, Education, and Operations 
shall select a Chair and 1 or more Vice Chairs for the Subcommittee 
from the membership of the Subcommittee.
    (b) Responsibilities.--The Subcommittee shall--
            (1) support and advise the Committee on Ocean Science, 
        Education, and Operations and the Committee on Ocean Policy on 
        matters related to national-level 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 502 and 
        guidance for educational investments;
            (3) coordinate Federal ocean and coastal education 
        activities for students, including funding for educational 
        opportunities at the undergraduate, graduate, and postdoctoral 
        levels;
            (4) identify and work to establish linkages among Federal 
        programs and those of States, academic institutions, State Sea 
        Grant programs, 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 national-level formal and 
        informal ocean and coastal education efforts; and
            (7) carry out such other activities as the Committee on 
        Ocean, Science, Education, and Operations and the Committee on 
        Ocean Policy request.

SEC. 602. OCEAN AND COASTAL EDUCATION PROGRAM.

    (a) Establishment.--Consistent with the National Strategy for Ocean 
and Coastal Science, the Committee on Ocean Science, Education, and 
Operations, 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 
national-level 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 Partnerships, to support academic competition 
        and experiential learning opportunities for high school 
        students.
            (3) The National Sea Grant College Program's education and 
        outreach efforts.
            (4) Teacher enrichment programs that provide for 
        participation in research expeditions, voyages of exploration, 
        and the conduct of scientific research.
            (5) Development of model instructional programs for 
        students at all levels.
            (6) Student training and support to provide diverse ocean-
        related education opportunities at the undergraduate, graduate, 
        and postdoctoral levels.
            (7) Professional training, certification, and continuing 
        education programs for commercial fishermen and other mariners.
            (8) Mentoring programs and partnerships with minority-
        serving institutions to ensure diversity in the ocean and 
        coastal workforce.
            (9) Dissemination of ocean and coastal information that is 
        relevant for a wider public audience.

SEC. 603. NATIONAL MARINE SCHOLARSHIP PROGRAM.

    (a) Definitions.--In this section:
            (1) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning that term 
        has under section 101(a) of the Higher Education Act of 1965 
        (20 U.S.C. 1001(a)).
            (2) Program.--The term ``Program'' means the National 
        Marine Scholarship Program established by the Administrator 
        under this section.
    (b) Establishment of Program.--
            (1) Requirement.--The Administrator shall establish a 
        National Marine Scholarship Program that is designed to recruit 
        and prepare students for careers in the fields of marine 
        science and such other related fields as the Administrator may 
        designate. Under the program, the Secretary shall award 
        scholarships for those academic programs and fields of study 
        described in the list made available under subsection (d).
            (2) Employment obligation.--As a condition of the award of 
        each scholarship under the Program, the Administrator shall 
        require the recipient to enter into a contractual agreement 
        under which the individual is obligated to serve as a full-time 
        employee of the Administration in a position needed by the 
        Administration and for which the individual is qualified, for a 
        period of time to be determined by the Administrator and stated 
        in the contractual agreement. If a full-time equivalent 
        position is not available within the Administration at the time 
        the scholarship recipient is obligated to begin their 
        employment, the scholarship recipient may fulfill such 
        employment obligation in a full-time position in another 
        Federal agency with administrative jurisdiction over programs 
        relating to the marine environment that is approved by the 
        Administrator.
    (c) Eligibility Criteria.--In order to be eligible for a 
scholarship under the Program, an individual must--
            (1) be enrolled or accepted for enrollment as a full-time 
        graduate student at an institution of higher education in an 
        academic program and field of study described in the list made 
        available under subsection (d);
            (2) be a United States citizen or national or a permanent 
        resident of the United States; and
            (3) at the time of the initial scholarship award, not be an 
        employee of the Administration.
    (d) Eligible Academic Programs and Fields of Study.--The 
Administrator shall make publicly available a list of academic programs 
and fields of study for which scholarships under this section may be 
used, and shall update the list as necessary.
    (e) Competitive Award Process.--
            (1) In general.--Under the Program, the Administrator shall 
        award scholarships to individuals who are selected through a 
        competitive process--
                    (A) under which awards are made primarily on the 
                basis of academic merit;
                    (B) in which consideration is given to promoting 
                the participation in the Program by individuals 
                referred to in section 33 or 34 of the Science and 
                Engineering Equal Opportunities Act (42 U.S.C. 1885a, 
                1885b); and
                    (C) in which consideration may be given to 
                financial need.
            (2) Application.--An individual seeking a scholarship under 
        this section shall submit an application to the Administrator 
        at such time, in such manner, and containing such information, 
        agreements, or assurances as the Administrator may require.
    (f) Scholarship Limits.--
            (1) Number of academic years.--An individual may not 
        receive a scholarship under this section for a masters degree 
        program for more than 2 academic years, or for a doctorate 
        program for more than 4 academic years, except as specifically 
        authorized by a waiver issued by the Administrator.
            (2) Dollar amount.--The dollar amount of a scholarship 
        under this section shall not exceed the cost of attendance, as 
        such cost is determined in accordance with section 472 of the 
        Higher Education Act of 1965 (20 U.S.C. 1087).
            (3) Use.--Amounts received as a scholarship under this 
        section may be expended only for tuition, fees, and other 
        expenses authorized by regulations issued by the Administrator.
            (4) Payment of scholarship amounts.--The Administrator may 
        enter into a contractual agreement with an institution of 
        higher education with respect to which a scholarship is 
        provided under this section, under which the amounts provided 
        as the scholarship for tuition, fees, and other authorized 
        expenses are paid directly to the institution.
    (g) Period of Service Under Employment Obligation.--
            (1) General requirement.--Except as provided in subsection 
        (i)(2), the period of service for which an individual shall be 
        obligated to serve as an employee of the Administration 
        pursuant to this section shall be determined by the 
        Administrator in accordance with subsection (b)(2).
            (2) Beginning of service.--
                    (A) General rule.--Except as provided in 
                subparagraph (B), obligated service under subsection 
                (b)(2) shall begin not later than 60 days after the 
                date on which individual obtains the educational degree 
                for which the scholarship was provided.
                    (B) Deferral.--The Administrator may defer the 
                beginning of obligated service under subsection (b)(2) 
                if the Administrator determines that such a deferral is 
                appropriate. The Administrator shall by regulation 
                prescribe the terms and conditions under which a 
                service obligation may be deferred under this 
                subparagraph.
    (h) Repayment.--
            (1) Failure to perform academically.--
                    (A) Breach of obligation.--A recipient of a 
                scholarship under this section shall be in breach of 
                the recipient's contractual agreement under this 
                section if the recipient--
                            (i) fails to maintain a high level of 
                        academic standing, as defined by the 
                        Administrator by regulation;
                            (ii) is dismissed from the recipient's 
                        educational institution for disciplinary 
                        reasons; or
                            (iii) voluntarily terminates academic 
                        training before graduation from the educational 
                        program for which the scholarship was awarded.
                    (B) Penalty.--A recipient of a scholarship who 
                under subparagraph (A) is in breach of the recipient's 
                contractual agreement--
                            (i) shall be liable to the United States 
                        for repayment, within 2 years after the date of 
                        the breach, of all amounts paid under the 
                        scholarship to the recipient or to an 
                        institution of higher education on the 
                        recipient's behalf; and
                            (ii) shall not be required to fulfill any 
                        employment obligation under such agreement.
            (2) Failure to fulfill employment obligation.--
                    (A) Breach of obligation.--A recipient of a 
                scholarship under this section shall be in breach of 
                the recipient's contractual agreement under this 
                section if the recipient--
                            (i) fails to begin or complete the 
                        recipient's employment obligation under this 
                        section; or
                            (ii) fails to comply with the terms and 
                        conditions of deferment established by the 
                        Administrator pursuant to subsection (g)(2)(B).
                    (B) Penalty.--A recipient of a scholarship who 
                under subparagraph (A) is in breach of the recipient's 
                contractual agreement shall be liable for payment to 
                the United States, within 3 years, of an amount equal 
                to--
                            (i) the total amount of scholarships 
                        received by such individual under this section; 
                        plus
                            (ii) interest on the total amount of such 
                        scholarships at a rate that is equivalent to 
                        the rate of interest that would apply under 
                        section 427A of the Higher Education 
                        Authorization Act of 1965 if the scholarships 
                        were loans to cover the cost of education (as 
                        that term is used in that section).
    (i) Cancellation or Waiver.--
            (1) In general.--Any obligation of an individual incurred 
        under this section for service or payment shall be canceled 
        upon the death of the individual.
            (2) Waiver or suspension of any obligation by 
        administrator.--The Administrator shall by regulation provide 
        for the partial or total waiver or suspension of any obligation 
        of employment or payment incurred by an individual under this 
        section (including any contractual agreement under this 
        section), if--
                    (A) compliance by the individual is impossible or 
                would involve extreme hardship to the individual; or
                    (B) enforcement of such obligation with respect to 
                the individual would be contrary to the best interests 
                of the Government.
    (j) Report to Congress.--Not later than 2 years after the date of 
the enactment of this Act, and every 2 years thereafter, the 
Administrator shall transmit a report to the Congress that addresses 
each of the following:
            (1) The effectiveness of the National Marine Scholarship 
        Program established under this section in increasing the number 
        of marine science-related service professionals.
            (2) The effectiveness of such program in preparing 
        scholarship recipients for temporary jobs within the 
        Administration or other marine-related Federal agencies.
    (k) Deadline for Regulations.--The Administrator shall issue such 
regulations as are necessary to carry out this section by not later 
than 90 days after the date of the enactment of this Act.
    (l) Authorization of Appropriations.--Of the amounts authorized for 
each of fiscal years 2006 through 2011 for programs administered by the 
National Oceanic and Atmospheric Administration, $5,000,000 shall be 
available for the National Marine Scholarship Program established under 
this section.

SEC. 604. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OFFICE OF 
              EDUCATION.

    (a) In General.--The Administrator shall conduct, develop, support, 
promote, and coordinate national-level education activities described 
in section 602(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, and ocean and coastal managers, commercial 
fishermen, mariners, and other stakeholders at the national level. The 
ocean and coastal education program should consider existing mechanisms 
for ocean and coastal outreach and education at the national, regional, 
State, and local levels. 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, Indian tribes, commercial organizations, 
educational institutions, nonprofit organizations, or other persons.
    (b) Establishment.--As set forth in title II, 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 
602. The Office of Education shall promote and provide oversight of 
agency education activities as described in section 203 and shall--
            (1) integrate agency science into high-quality educational 
        materials;
            (2) improve access to National Oceanic and Atmospheric 
        Administration educational resources;
            (3) consider existing mechanisms for ocean and coastal 
        outreach and education at the national, regional, State, and 
        local levels;
            (4) support educator professional development programs to 
        improve understanding and use of agency sciences;
            (5) promote participation in agency-related sciences and 
        careers, particularly by members of underrepresented groups;
            (6) leverage partnerships to enhance formal and informal 
        environmental science education;
            (7) build capability within the agency for educational 
        excellence;
            (8) support professional development and a program for 
        certification of individuals engaged in commercial fishing, 
        including safe use of fishing gear, fishery and ocean law, fish 
        identification and behavior, care of fish catch, marine 
        ecology, and safety at sea;
            (9) develop recreational fishing education programs; and
            (10) 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. 605. AMENDMENT TO THE NATIONAL SEA GRANT COLLEGE PROGRAM ACT.

    Section 212(a) of the National Sea Grant College Program Act (33 
U.S.C. 1131(a)) is amended by adding at the end the following new 
paragraph:
            ``(3) Marine and aquatic science education.--In addition to 
        the amounts authorized for each fiscal year under paragraphs 
        (1) and (2), there are authorized to be appropriated for marine 
        and aquatic science education for each of fiscal years 2006 
        through 2011--
                    ``(A) $6,000,000 in increased funding for the 
                educational activities of sea grant programs;
                    ``(B) $4,000,000 for competitive grants for 
                projects and research that target national and regional 
                marine and aquatic science literacy;
                    ``(C) $4,000,000 for competitive grants to support 
                educational partnerships under the ocean and coastal 
                education program established under section 602 of the 
                Oceans Conservation, Education, and National Strategy 
                for the 21st Century Act or other appropriate 
                mechanism; and
                    ``(D) $11,000,000 for graduate fellowships and 
                competitive distinguished professorships in Marine 
                Studies.''.

SEC. 606. 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 2006 through fiscal year 2011, $25,000,000 is 
authorized to be appropriated for each agency for the ocean and coastal 
education program under section 602.
    (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 2006 through fiscal year 2011, 
$15,000,000 shall be available for National Ocean Science and 
Technology Scholarships under section 603.
    (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 2006 through 2011 for education activities under section 604(b).
    (2) There is authorized to be appropriated to the Administrator 
$15,000,000 for each of fiscal years 2006 through 2011 for education 
activities under section 604(c).
    (d) Availability.--Sums appropriated under this section shall 
remain available until expended.

                      TITLE VII--OCEAN EXPLORATION

SEC. 701. 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 702. 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, Indian 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 702. 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. 702. SUBCOMMITTEE ON OCEAN EXPLORATION.

    (a) Membership.--The Committee on Ocean Science, Education, and 
Operations shall establish a Subcommittee on Ocean Exploration. Each 
member of the Committee on Ocean Science, Education, and Operations may 
designate a senior representative with expertise in ocean exploration 
to serve on the Subcommittee. The Committee on Ocean Science, 
Education, and Operations shall select a Chair and 1 or more Vice 
Chairs for the Subcommittee from the membership of the Subcommittee.
    (b) Responsibilities.--The Subcommittee shall--
            (1) support and advise the Committee on Ocean Science, 
        Education, and Operations, the Committee on Ocean Policy, 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 502 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, State Sea 
        Grant programs, 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 on 
        Ocean Science, Education, and Operations and the Committee on 
        Ocean Policy request.

SEC. 703. 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 2006 through 2011; 
        and
            (2) $80,000,000 for each of fiscal years 2012 through 2017.

       TITLE VIII--OCEAN AND GREAT LAKES CONSERVATION TRUST FUND

SEC. 801. 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 2006, the Secretary of 
the Treasury shall deposit into the Fund the following amounts:
            (1) General revenue.--An amount in each such fiscal year 
        equal to the difference between $1,300,000,000 and the amounts 
        deposited in the Fund under paragraphs (2), (3), and (4).
            (2) Healthy ocean stamp.--Amounts generated from the sale 
        of a Healthy Oceans Stamp under section 807.
            (3) Amounts not disbursed.--All allocated but undisbursed 
        amounts returned to the Fund under section 805(a)(2).
            (4) 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 Strategic Plans 
        under title IV--
                    (A) $350,000,000 for fiscal year 2007;
                    (B) $700,000,000 for fiscal year 2008; and
                    (C) $1,000,000,000 for fiscal year 2009 and each 
                fiscal year thereafter.
            (2) To the Administrator for allocation, with concurrence 
        of the Committee on Ocean Policy, only for carrying out 
        responsibilities of the Federal Government for development and 
        implementation of Regional Ocean Strategic Plans required under 
        title IV--
                    (A) $50,000,000 for fiscal year 2007;
                    (B) $100,000,000 for fiscal year 2008; and
                    (C) $300,000,000 for fiscal year 2009 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 2006 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 monies in 
the Fund (including interest), and in any fund or account to which 
monies 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) 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. 802. 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. 803. RECORDKEEPING REQUIREMENTS.

    The Administrator, in consultation with the Committee on Ocean 
Policy, shall establish such rules regarding recordkeeping by State and 
local governments and the auditing of expenditures made by State and 
local governments from funds made available under this Act as may be 
necessary. Such rules shall be in addition to other requirements 
established regarding recordkeeping and the auditing of such 
expenditures under other authority of law.

SEC. 804. 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. 805. COMMUNITY ASSISTANCE FORMULA AND PAYMENTS.

    (a) Conservation Payments to Coastal States.--
            (1) Grant program.--Amounts transferred to the 
        Administrator from the Fund under section 801(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 806 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 IV 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 801(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 
                801(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 801(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 hold 50 percent of the State's 
allocable share, as determined under subsection (b), in a State ocean 
grants fund. The Governor or his designee shall award, on a competitive 
basis, grants to coastal political subdivisions of the State from the 
State ocean grants fund only for activities relating to the development 
and implementation of federally approved Regional Ocean Strategic Plans 
that are consistent with the standard set forth in subsection 806(b).
    (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. 806. 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 and 
Coastal Strategic Plans under title IV.
    (b) Standard Governing the Expenditure of Funds.--All Funds 
disbursed to coastal States and political subdivisions shall only be 
used for activities that--
            (1) develop or implement federally approved Regional Ocean 
        Strategic Plans, and
            (2) are consistent with the national standards set forth in 
        section 111.
    (c) 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--
            (1) describe how the funds will be used by the coastal 
        State and its coastal political subdivisions to implement the 
        responsibilities and obligations in developing and implementing 
        an approved Regional Ocean Strategic Plans; and
            (2) ensure that the proposed funded activities by the 
        coastal State and its coastal political subdivision are 
        consistent with the standard set forth in subsection 806(b).
    (d) Approval or Disapproval.--
            (1) Requirements.--A coastal State shall receive funding 
        under this title if, in consultation with the Committee on 
        Ocean Policy, 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 IV;
                    (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 IV; and
                    (C) ensures any payments under this title to 
                coastal States and political subdivisions are used to 
                develop and implement an approved Regional Ocean 
                Strategic Plan in a manner that is consistent with the 
                standard set forth in subsection 806(b).
            (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 funds provided under 
                this title will be used by coastal political 
                subdivisions to develop and implement the applicable 
                Regional Ocean Strategic Plan.
                    (D) An analysis of how the funds provided under 
                this title to both coastal States and coastal political 
                subdivisions will be consistent with the standard set 
                forth in subsection 806(b).
                    (E) Certification by the Governor of the coastal 
                State that all the funds provided under this title to 
                coastal political subdivisions will be used to develop 
                and implement a Regional Ocean Strategic Plan in a 
                manner that is consistent with the standard set forth 
                in subsection 806(b).
            (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.

SEC. 807. SPECIAL POSTAGE STAMP.

    (a) In General.--In order to afford a convenient way for members of 
the public to support efforts to protect, maintain, and restore marine 
ecosystems, the United States Postal Service shall provide for a 
special postage stamp in accordance with succeeding provisions of this 
section.
    (b) Terms and Conditions.--The issuance and sale of the stamp 
referred to in subsection (a) shall be governed by section 416 of title 
39, United States Code, and regulations under such section, subject to 
the following:
            (1) Transfers.--All amounts becoming available from the 
        sale of such stamp shall be transferred to the Ocean and Great 
        Lakes Conservation Trust Fund (as established by section 801) 
        through payments which shall be made, at least twice a year, in 
        the manner required by subsection (d)(1) of section 416 of such 
        title 39.
            (2) Numerical limitation.--For purposes of applying any 
        numerical limitation referred to in subsection (e)(1)(C) of 
        section 416 of such title 39, such stamp shall not be taken 
        into account.
            (3) Duration.--Such stamp shall be made available to the 
        public over such period of time as the Postal Service may 
        determine, except that such period--
                    (A) shall commence not later than 12 months after 
                the date of the enactment of this Act; and
                    (B) shall terminate not later than the close of the 
                period referred to in subsection (g) of such section.
    (c) Rule of Construction.--Nothing in this section shall be 
considered to permit or require that any determination of the amounts 
becoming available from the sale of the stamp referred to in subsection 
(a) be made in a manner inconsistent with the requirements of section 
416(d) of such title 39.

SEC. 808. SUNSET.

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